Arms Sales Notification

Floor Speech

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Mr. RISCH. 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 still available to the full Senate, I ask unanimous consent to have printed in the Record the notifications that have been received. If the cover letter references a classified annex, then such an annex is available to all Senators in the office of the Foreign Relations Committee, room SD-423.

Hon. James E. Risch, Chairman, Committee on Foreign Relations, U.S. Senate, Washington, DC.

Dear Mr. Chairman: Pursuant to the reporting requirements of Section 36(b)(5)(A) of the Arms Export Control Act (AECA), as amended, we are forwarding Transmittal No. 0A-25. This notification relates to enhancements or upgrades from the level of sensitivity of technology or capability described in the Section 36(b)(1) AECA certification 20-83 of November 3, 2020. Sincerely, Michael F. Miller, Director.

Enclosure. Transmittal No. 0A-25 Report of Enhancement or Upgrade of Sensitivity of Technology or Capability (Sec. 36(b)(5)(A), AECA)

(i) Purchaser: Government of Romania

(ii) Sec. 36(B)(5)(A), AECA Transmittal No: 20-83; Date: November 3, 2020; Implementing Agency: Air Force.

(iii) Description: On November 3, 2020, Congress was notified by congressional certification transmittal number 20-83 of the possible sale, under Section 36(b)(1) of the Arms Export Control Act, of upgrades to the avionics, software, communication equipment, navigational aids, and cockpit of its Mid-Life Update (MLU) Block 15 F-16 aircraft fleet along with additional logistics support. Included in the aircraft modernization were eight (8) LN-260 Global Positioning System (GPS) and nineteen (19) Multifunctional Information Distribution System Joint Tactical Radio Systems (MIDS JTRS). Also included were AN/APX-126 Advanced Identification Friend or Foe (IFF); ARC-210 Radios; KIV-78 Cryptographic Appliques; other secure communications, navigation, and encryption devices; Joint Mission Planning System (JMPS) software; aircraft minor modification, integration and test support, support equipment, software and software support; personnel training; 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 was $175.4 million. Major Defense Equipment (MDE) constituted $12.1 million of this total.

This transmittal reports the inclusion of the following additional MDE items: thirty-five (35) Multifunctional Information Distribution System Joint Tactical Radio Systems Variant 5 (MIDS JTRS V5). Also included is additional non-MDE aircraft minor modification; integration and test support; support equipment; software and software support; personnel training; spare and repair parts; 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 value of the new items is $13.4 million. The estimated MDE value increases by 89.8 million to a revised $21.9 million. The estimated non-MDE value increases by $3.6 million to a revised $166.9 million. The estimated total case value increases by $13.4 million, resulting in a total case value of $188.8 million.

(iv) Significance: This notification is being provided because the additional MDE items were not enumerated in the original notification. The inclusion of this MDE represents an increase in capability over what was previously notified. The proposed sale will improve Romania's capability to meet current and future threats by upgrading its avionics to meet interoperability requirements for encrypted communications systems used by NATO forces.

(v) Justification: 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.

(vi) Sensitivity of Technology:

The Sensitivity of Technology Statement contained in the original notification applies to items reported here.

The highest level of classification of defense articles, components, and services included in this potential sale is SECRET.

(vii) Date Report Delivered to Congress: April 9, 2025.

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