[Congressional Record Volume 168, Number 119 (Tuesday, July 19, 2022)]
[Senate]
[Pages S3365-S3366]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. MENENDEZ. Mr. President, 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,
     U.S. 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. 22-39, 
     concerning the Air Force's proposed Letter(s) of Offer and 
     Acceptance to the Government of Belgium for defense articles 
     and services estimated to cost $127 million. After this 
     letter is delivered to your office, we plan to issue a news 
     release to notify the public of this proposed sale.
           Sincerely,
                                                  James A. Hursch,
                                                         Director.
       Enclosures.


                         Transmittal No. 22-39

     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 Belgium.
       (ii) Total Estimated Value:
       Major Defense Equipment* $0 million.
       Other $127 million.
       Total $127 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase: Foreign Military 
     Sales (FMS) case BE-D-QBL, was below congressional 
     notification threshold at $98.4 million for non-MDE F-16 
     sustainment. The Government of Belgium has requested the case 
     be

[[Page S3366]]

     amended to include additional non-Major Defense Equipment 
     (non-MDE) items and services. This case amendment will 
     increase the total case value above the non-MDE notification 
     threshold and thus require notification of the entirety of 
     the FMS case.
       Major Defense Equipment (MDE): None.
       Non-MDE: Included are AN/ARC-210 radios; classified 
     software, Computer Program Identification Numbers (CPINs), 
     and software integration support; Electronic Warfare (EW) 
     database support; test support and equipment; aircraft and 
     munitions support and support equipment; flight simulator 
     support; additional hardware and software delivery and 
     support; spare and repair parts, consumables and accessories; 
     maintenance and maintenance support; mission planning system 
     sustainment; facilities, utilities, and information 
     technology support at U.S. Air Force bases; classified and 
     unclassified publications and technical documentation; and 
     U.S. Government and contractor engineering, technical and 
     logistics support services, studies and surveys; and other 
     related elements of logistical and program support.
       (iv) Military Department: Air Force (BE-D-QBL).
       (v) Prior Related Cases, if any: None.
       (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed 
     to be Paid: None known at this time.
       (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: July 19, 2022.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

                       Belgium--F-16 Sustainment

       The Government of Belgium has requested to buy additional 
     F-16 sustainment support that will be added to a previously 
     implemented case. The original FMS case, valued at $98.4 
     million, included F-16 sustainment, consisting of AN/ARC-210 
     radios; classified software, Computer Program Identification 
     Numbers (CPINs), and software integration support; Electronic 
     Warfare (EW) database support; test support and equipment; 
     aircraft and munitions support and support equipment; flight 
     simulator support; additional hardware and software delivery 
     and support; spare and repair parts, consumables and 
     accessories; maintenance and maintenance support; mission 
     planning system sustainment; facilities, utilities, and 
     information technology support at U.S. Air Force bases; 
     classified and unclassified publications and technical 
     documentation; and U.S. Government and contractor 
     engineering, technical and logistics support services, 
     studies and surveys; and other related elements of logistical 
     and program support. This notification will include more of 
     the same items and services. The estimated total cost is $127 
     million.
       This proposed sale will support the foreign policy and 
     national security objectives of the United States by 
     improving the security of a NATO ally which is an important 
     force for political stability and economic progress in 
     Europe.
       The proposed sale will improve Belgium's capability to meet 
     current and future threats by maintaining its F-16 fleet in 
     combat-ready status and providing rotational forces to NATO's 
     Eastern flank. Belgium will have no difficulty absorbing 
     these articles and services 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, Bethesda, 
     MD. There are no known offset agreements proposed in 
     connection with this potential sale.
       Implementation of this proposed sale will not require the 
     assignment of any additional U.S. Government or contractor 
     representatives to Belgium.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 22-39

     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 AN/ARC-210 is a voice communications radio system 
     equipped with HAVE QUICK II, which employs cryptographic 
     technology. Other waveforms may be included as needed.
       2. The Electronic Warfare Integrated Reprogramming Database 
     (EWIRDB) is used by USG engineers in the reprogramming and 
     creation of shareable Mission Data Files for the AN/ALQ-131 
     electronic countermeasures pod on the F-16 aircraft.
       3. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     SECRET.
       4. If a technologically advanced adversary were to obtain 
     knowledge of the specific hardware and software elements, the 
     information could be used to develop countermeasures that 
     might reduce weapon system effectiveness or be used in the 
     development of a system with similar or advanced 
     capabilities.
       5. A determination has been made that Belgium can provide 
     substantially the same degree of protection for the sensitive 
     technology being released as the U.S. Government. This sale 
     is necessary in furtherance of the U.S. foreign policy and 
     national security objectives outlined in the Policy 
     Justification.
       6. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Government of Belgium.

                          ____________________