[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]




                        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:


[[Page S1290]]


                                                  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.

                          ____________________