[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.
____________________