[Congressional Record Volume 169, Number 66 (Thursday, April 20, 2023)] [Senate] [Pages S1289-S1290] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Date: 2023-04-20
Chamber: SENATE
Mr. MENENDEZ: section 36(b) of the Arms Export Control Act requires that Congress receive prior notification of certain proposed arms sales as defined by that statute. Upon such notification, the Congress has 30 calendar days during which the sale may be reviewed. The provision stipulates that, in the Senate, the notification of proposed sales shall be sent to the chairman of the Senate Foreign Relations Committee. In keeping with the committee's intention to see that relevant information is available to the full Senate, I ask unanimous consent to have printed in the Record the notifications which have been received. If the cover letter references a classified annex, then such annex is available to all Senators in the office of the Foreign Relations Committee, room SD-423. There being no objection, the material was ordered to be printed in the Record, as follows:  Defense Security  Cooperation Agency,  Washington, DC. Hon. Robert Menendez, Chairman, Committee on Foreign Relations, Senate, Washington, DC. Dear Mr. Chairman: Pursuant to the reporting requirements of Section 36(b)(1) of the Arms Export Control Act, as amended, we are forwarding herewith Transmittal No. 21-34 concerning the Air Force's proposed Letter(s) of Offer and Acceptance to the Government of Turkey for defense articles and services estimated to cost $259 million. We will issue a news release to notify the public of this proposed sale upon delivery of this letter to your office. Sincerely, James A. Hursch, Director. Enclosures.  TRANSMITTAL NO. 21-34  Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended (i) Prospective Purchaser: Government of Turkey. (ii) Total Estimated Value: Major Defense Equipment * $0 million. Other $259 million. Total $259 million. Funding Source: National Funds. (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase: Major Defense Equipment (MDE): None Non-MDE: The Government of Turkey has requested to buy defense articles and services to support upgrading its fleet of F-16 aircraft, to include software upgrades of the Operational Flight Program (OFP) avionics with the Automatic Ground Collision Avoidance System (AGCAS) capability; hardware modifications to enable integration of the Multifunctional Information Distribution System Block Upgrade II (MIDS BU II), procured separately; hardware and software upgrades to include aircraft major modification; both classified and unclassified software and software support; integration and test support; support equipment; training and training equipment; spare and repair parts; publications and technical documentation; U.S. Government and contractor engineering, technical, and logistical support services; and other related elements of logistical and program support. (iv) Military Department: Air Force (TK-D-VAL). (v) Prior Related Cases, if any: TK-P-LKT, TK-D-SFA, TK-D- SLA, TK-D-SMB, TK-D-NCU. (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None. (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Attached Annex. (viii) Date Report Delivered to Congress: April 17, 2023. * As defined in Section 47(6) of the Arms Export Control Act.  POLICY JUSTIFICATION  Turkey--F-16 Avionics Upgrade The Government of Turkey has requested to buy defense articles and services to support upgrading its fleet of F-16 aircraft, to include software upgrades of the Operational Flight Program (OFP) avionics with the Automatic Ground Collision Avoidance System (AGCAS) capability; hardware modifications to enable integration of the Multifunctional Information Distribution System Block Upgrade II (MIDS BU II), procured separately; hardware and software upgrades to include aircraft major modification; both classified and unclassified software and software support; integration and test support; support equipment; training and training equipment; spare and repair parts; publications and technical documentation; U.S. Government and contractor engineering, technical, and logistical support services; and other related elements of logistical and program support. The estimated total cost is $259 million. This proposed sale will support the foreign policy and national security objectives of the United States by helping to improve the security of a NATO ally that is an important force for political stability and economic progress in the Black Sea region. The proposed sale will improve Turkey's capability to meet current and future threats by providing a critical flight safety and tactical integration capability to assist in defending its homeland and U.S. personnel stationed there. Turkey has demonstrated a willingness to modernize its F-16 capabilities since it purchased the aircraft in the mid- 1980s, and will have no difficulty absorbing these capabilities into its armed forces. The proposed sale of this equipment and support will not alter the basic military balance in the region. The principal contractor will be Lockheed Martin Aeronautics Company of Fort Worth, TX. There are no known offset agreements proposed in connection with this potential sale. Implementation of this sale will not require the assignment of U.S. Government or contractor representatives in Turkey. There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.  TRANSMITTAL NO. 21-34  Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act  Annex Item No. vii  (vii) Sensitivity of Technology: 1. The Automatic Ground Collision Avoidance System capability is used as a flight safety mitigation tool in order to reduce incidents of controlled flight into terrain and ground collisions, which account for seventy-five percent of F-16 pilot fatalities worldwide. The system consists of a series of collision avoidance and autonomous decision-making algorithms that utilize precise navigation, aircraft performance, and digital terrain data to determine if a collision is imminent. If the system determines a collision is imminent, the system commands an autonomous maneuver to prevent impact, although the pilot may override this functionality. 2. The highest level of defense articles, components, and services included in this potential sale is CONFIDENTIAL. 3. If a technologically advanced adversary were to obtain knowledge of the specific hardware and software elements, the information could be used to develop countermeasures which might reduce system effectiveness or be used in the development of a system with similar or advanced capabilities. 4. All defense articles and services listed in this transmittal are authorized for release and export to the Government of Turkey.  CERTIFICATION PURSUANT TO Sec. 620C(d) OF THE FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED  Pursuant to Section 620C(d) of the Foreign Assistance Act of 1961, as amended (the Act), Executive Order 12163 and State Department Delegation of Authority No. 245-2, I hereby certify that the furnishing to Turkey of defense articles and services to support upgrading F-16 aircraft is consistent with the principles contained in Section 620C(b) of the Act. This certification will be made part of the notification to Congress under Section 36(b) of the Arms Export Control Act, as amended, regarding the proposed sale of the above-named articles and services and is based on the justification accompanying such notification, of which such justification constitutes a full explanation.