[Congressional Record Volume 169, Number 117 (Monday, July 10, 2023)]
[Senate]
[Pages S2280-S2281]
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)(l) of the Arms Export Control Act, as 
     amended, we are forwarding herewith Transmittal No. 23-21, 
     concerning the Air Force's proposed Letter(s) of Offer and 
     Acceptance to the Government of Romania for defense articles 
     and services estimated to cost $105 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. 23-21

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(6)(1) of the Arms Export Control Act, as 
         amended
       (i) Prospective Purchaser: Government of Romania.
       (ii) Total Estimated Value:
       Major Defense Equipment $0 million.
       Other $105 million.
       Total $105 million.
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase: The Government of 
     Romania has requested to buy equipment and services to 
     modernize thirty-two (32) F-16 Mid-Life Update Block 10/15 
     aircraft to be procured through third-party transfer from 
     Norway. The equipment includes:
       Major Defense Equipment (MDE): None.
       Non-MDE: Included are KY-58M and KIV-78 cryptographic 
     devices; AN/PYQ-l0C Simple Key Loaders; Joint Mission 
     Planning Systems (JMPS); Night Vision Device (NVD) aviator 
     vision systems and spare Image Intensifier Tubes; Electronic 
     Warfare database support; Classified/Unclassified Computer 
     Program Identification Number Systems (CPIN) and CPIN 
     Electronic Combat International Security Assistance Program 
     (ECISAP) equipment and support; flight test services; 
     integration and test support and equipment; aircraft support 
     equipment; secure communications equipment, precision 
     navigation, and cryptographic devices; Classified/
     Unclassified software delivery and support; spare parts, 
     consumables and accessories, and repair and return support; 
     maintenance and maintenance support; studies/surveys; 
     Classified/Unclassified publications and technical 
     documentation; U.S. Government and contractor engineering, 
     technical and logistics support services; and other related 
     elements of logistics and program support.
       (iv) Military Department: Air Force (RO-D-QAP).
       (v) Prior Related Cases, if any: RO-D-QAN, RO-D-QAH.
       (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: June 30, 2023.
       As defined in Section 47(6) of the Arms Export Control Act.


                          POLICY JUSTIFICATION

                  Romania--F-16 Aircraft Modernization

       The Government of Romania has requested to buy equipment 
     and services to modernize thirty-two (32) F-16 Mid-Life 
     Update Block 10/15 aircraft to be procured through third-
     party transfer from Norway. The equipment includes KY-58M and 
     KIV-78 cryptographic devices; AN/PYQ-10C Simple Key Loaders; 
     Joint Mission Planning Systems (JMPS); Night Vision Device 
     (NVD) aviator vision systems and spare Image Intensifier 
     Tubes; Electronic Warfare database support; Classified/
     Unclassified Computer Program Identification Number Systems 
     (CPJN) and CPIN Electronic Combat International Security 
     Assistance Program (ECISAP) equipment and support; flight 
     test services; integration and test support and equipment; 
     aircraft support equipment; secure communications

[[Page S2281]]

     equipment, precision navigation, and cryptographic devices; 
     Classified/Unclassified software delivery and support; spare 
     parts, consumables and accessories, and repair and return 
     support; maintenance and maintenance support; studies/
     surveys; Classified/Unclassified publications and technical 
     documentation; U.S. Government and contractor engineering, 
     technical and logistics support services; and other related 
     elements of logistics and program support. The estimated 
     total cost is $105 million.
       This proposed sale will support the foreign policy goals 
     and national security objectives of the United States by 
     improving the security of a NATO Ally that is a force for 
     political stability and economic progress in Europe.
       The proposed sale will improve Romania's capability to meet 
     current and future threats by bolstering its operational 
     readiness while enhancing air and defense capabilities with a 
     modernized fleet. Romania has F-16s in its inventory and will 
     have no difficulty absorbing these aircraft and equipment 
     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, Fort 
     Worth, TX. 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 Romania.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 23-21

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(l) of the Arms Export Control Act

                           Annex Item No. vii

       (vii) Sensitivity of Technology:
       1. The F-16 Block 10/15 Mid Life Update (MLU) aircraft is 
     an advanced, single engine multi-role fighter aircraft. The 
     configuration and capability modifications for the F-16 MLU 
     aircraft include an avionics package for the Romania specific 
     M6.5.2 Core Operational Flight Plan (OFP) Baseline, 
     Communications and Identification for M6.5.2, navigation 
     aids, advanced cockpit, mission planning, electronic warfare 
     and integrated logistics supportability.
       2. The KY-58 is a secure voice module primarily used to 
     encrypt radio communication to and from military aircraft and 
     other tactical vehicles.
       3. The KIV-78 is a cryptographic applique for IFF, It can 
     be loaded with Mode 5 classified elements.
       4. The AN/PYQ-10 Simple Key Loader is a handheld device 
     used for securely receiving, storing, and transferring data 
     between compatible cryptographic and communications 
     equipment.
       5. The Joint Mission Planning System (JMPS) is a multi-
     platform, PC-based mission planning system.
       6. The Hands-On Black-Out (HOBO) Night Vision Imaging 
     System (NVIS) is a Night Vision Device designed for use with 
     a F-16 NVIS-compatible cockpit.
       7. 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. The 
     source product is not releasable to the customer.
       8. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     SECRET.
       9. 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.
       10. A determination has been made that Romania 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.
       11. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Government of Romania.

                          ____________________