[Congressional Record Volume 163, Number 193 (Tuesday, November 28, 2017)]
[Senate]
[Pages S7355-S7357]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            MORNING BUSINESS
                        ARMS SALES NOTIFICATION

  Mr. CORKER. 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,

                                                    Arlington, VA.
     Hon. Bob Corker,
     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. 17-55, 
     concerning the Air Force's proposed Letter(s) of Offer and 
     Acceptance to the Government of Poland for defense articles 
     and services estimated to cost $250 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,
                                                Charles W. Hooper,
                                Lieutenant General, USA, Director.
       Enclosures.

                         Transmittal No. 17-55

     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 Poland.
       (ii) Total Estimated Value:
       Major Defense Equipment: * $249 million.
       Other: $1 million.
       Total: $250 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Up to one hundred fifty (150) AIM-120C-7 Advanced Medium 
     Range Air-to-Air Missiles (AMRAAM).
       Non-MDE: Also included are missile containers, weapon 
     system support, spare and repair parts, support and test 
     equipment, publications and technical documentation, 
     personnel training and training equipment, U.S. Government 
     and contractor engineering, technical and logistics support 
     services, and other related elements of logistical and 
     program support.
       (iv) Military Department: Air Force (PL-D-1AE).

[[Page S7356]]

       (v) Prior Related Cases, if any: PL-D-YAE.
       (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: November 28, 
     2017.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

 Poland--AIM-120C-7 Advanced Medium Range Air-to-Air Missiles (AMRAAM)

       The Government of Poland has requested to purchase up to 
     one hundred fifty (150) AIM-120C-7 Advanced Medium Range Air-
     to-Air Missiles (AMRAAM). Also included are missile 
     containers, weapon system support, spare and repair parts, 
     support and test equipment, publications and technical 
     documentation, personnel training and training equipment, 
     U.S. Government and contractor engineering, technical and 
     logistics support services, and other related elements of 
     logistical and program support. The estimated cost is $250 
     million.
       This proposed sale will contribute to the foreign policy 
     and national security of the United States by helping to 
     improve the security of a NATO ally. Poland continues to be 
     an important force for political stability and economic 
     progress in Central Europe.
       This potential sale would support Poland's F-16 fighter 
     program and enhances Poland's ability to provide for its own 
     territorial defense and support coalition operations. Poland 
     previously purchased the AIM-120C-7 missile and will have no 
     difficulty absorbing this equipment into its armed forces.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The prime contractor will be Raytheon Missile Systems, 
     Tucson, AZ. 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 Poland.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 17-55

     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 AIM-120C-7 Advanced Medium Range Air-to-Air Missile 
     (AMRAAM) is a guided missile featuring digital technology and 
     micro-miniature solid-state electronics. The AMRAAM 
     capabilities include look-down/shoot-down, multiple launches 
     against multiple targets, resistance to electronic 
     countermeasures, and interception of high- and low-flying and 
     maneuvering targets. The AMRAAM is classified CONFIDENTIAL. 
     The major components and subsystems range from UNCLASSIFIED 
     to CONFIDENTIAL and technical data and other documentation 
     are classified up to SECRET.
       2. 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.
       3. A determination has been made that Poland can provide 
     substantially the same degree of protection for the sensitive 
     technology being released as the U.S. Government. This 
     proposed sale is necessary to further the U.S. foreign policy 
     and national security objectives outlined in the Policy 
     Justification.
       4. All defense articles and services listed on this 
     transmittal are authorized for release and export to the 
     Government of Poland.
                                  ____

                                                  Defense Security


                                           Cooperation Agency,

                                                    Arlington, VA.
     Hon. Bob Corker,
     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. 17-64, 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Poland for defense articles 
     and services estimated to cost $250 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,
                                                Charles W. Hooper,
                                Lieutenant General, USA, Director.
       Enclosures.


                         Transmittal No. 17-64

     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 Poland.
       (ii) Total Estimated Value:
       Major Defense Equipment * $215 million.
       Other $35 million.
       Total $250 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase: High Mobility 
     Artillery Rocket System (HIMARS)
       Major Defense Equipment (MDE):
       Sixteen (16) Guided Multiple Launch Rocket System (GMLRS) 
     M31A1 Unitary.
       Nine (9) Guided Multiple Launch Rocket System (GMLRS) M30A1 
     Alternative Warhead.
       Sixty-one (61) Army Tactical Missile Systems (ATACMS) M57 
     Unitary.
       Non-MDE: Also included are eight (8) Universal Position 
     Navigation Units (UPNU), thirty-four (34) Low Cost Reduced 
     Range (LCRR) practice rockets, one thousand six hundred 
     forty-two (1,642) Guidance and Control Section Assemblies for 
     GMLRS, Missile Common Test Sets and Devices, testing 
     Precision, Lightweight GPS Receivers (PLGR), support 
     equipment, U.S. Government and contractor services, training, 
     and other related elements of logistics and program support.
       (iv) Military Department: Army (PL-B-UDD, PL-B-UDE).
       (v) Prior Related Cases. if any: None.
       (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: November 28, 
     2017.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

         Poland--High Mobility Artillery Rocket System (HIMARS)

       The Government of Poland has requested to purchase sixteen 
     (16) Guided Multiple Launch Rocket System (GMLRS) M31A 1 
     Unitary, nine (9) Guided Multiple Launch Rocket System 
     (GMLRS) M30A1 alternative warheads, sixty-one (61) Army 
     Tactical Missile Systems (ATACMS) M57 Unitary. Also included 
     are eight (8) Universal Position Navigation Units (UPNU), 
     thirty-four (34) Low Cost Reduced Range (LCRR) practice 
     rockets, one thousand six hundred forty-two (1,642) Guidance 
     and Control Section Assemblies for GMLRS, Missile Common Test 
     Sets and Devices, testing Precision, Lightweight GPS 
     Receivers (PLGR), support equipment, U.S. Government and 
     contractor services, training, and other related elements of 
     logistics and program support. The estimated cost is $250 
     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 which has been, and 
     continues to be an important force for political stability 
     and economic progress in Europe. This sale is consistent with 
     U.S. initiatives to provide key allies in the region with 
     modern systems that will enhance interoperability with U.S. 
     forces and increase security.
       Poland intends to use these defense articles and services 
     to modernize its armed forces and expand its capability to 
     strengthen its homeland defense and deter regional threats. 
     This will contribute to Poland's military goals of updating 
     capability while further enhancing interoperability with the 
     United States and other allies. Poland will have no 
     difficulty absorbing this 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 in Grand 
     Prairie, TX. This FMS case will support the parallel Direct 
     Commercial Sale (DCS) between Lockheed Martin and Polska 
     Grupa Zbrojenjowa (PGZ), the prime contractor for this effort 
     in Poland. There are no known offset agreements proposed in 
     connection with this potential sale.
       Implementation of this proposed sale will require U.S. 
     Government or contractor representatives to travel to Poland 
     for program management reviews to support the program. Travel 
     is expected to occur approximately twice per year as needed 
     to support equipment fielding and training.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 17-64

     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 High Mobility Artillery Rocket Systems (HIMARS) is a 
     highly mobile, all-weather indirect area fire artillery 
     system. The HIMARS mission is to supplement cannon artillery 
     to deliver a large volume of firepower within a short time 
     against critical time-sensitive targets. At shorter ranges, 
     HIMARS complements tube artillery with heavy barrages against 
     assaulting forces as well as in the counter-fire, or defense 
     suppression roles. The highest level of classified 
     information that could be disclosed by a proposed sale, 
     production, or by testing of the end item is SECRET; the 
     highest level that must be disclosed for production, 
     maintenance, or training is CONFIDENTIAL. Reverse engineering 
     could reveal SECRET information. Launcher platform software, 
     weapon operational software, command and control special 
     application software, and command and control loadable 
     munitions module software are considered UNCLASSIFIED. The 
     system specifications and limitations are classified SECRET. 
     Vulnerability data is classified up to SECRET. 
     Countermeasures, counter-countermeasures, vulnerability/
     susceptibility analyses, and threat definitions are 
     classified SECRET.
       2. Guided Multiple Launch Rocket System (GMLRS) Unitary 
     M31A1 uses a Unitary High

[[Page S7357]]

     Explosive (HE) 200 pound class warhead along with GPS aided 
     IMU based guidance and control for ground-to-ground precision 
     point targeting. The GMLRS Unitary uses an Electronic Safe 
     and Arm Fuze (ESAF) along with a nose mounted proximity 
     sensor to give enhanced effectiveness to the GMLRS Unitary 
     rocket by providing tri-mode warhead functionality with point 
     detonate, point detonate with programmable delay, or Height 
     of Burst proximity function. GMLRS Unitary M31A1 end-item is 
     comprised of a Rocket Pod Container (RPC) and six GMLRS 
     Unitary Rocket(s). The RPC is capable of holding six (6) 
     GMLRS Unitary Rockets and can be loaded in a M270A1 launcher 
     (tracked), HIMARS M142 launcher, or European M270 (203 
     configuration that meets the GMLRS interface requirements) 
     launcher from which the GMLRS rocket can be launched. The 
     highest classification level for release of the GMLRS Unitary 
     is SECRET, based upon the software, sale or testing of the 
     end item. The highest level of classification that must be 
     disclosed for production, maintenance, or training is 
     CONFIDENTIAL.
       3. Guided Multiple Launch Rocket System Alternative Warhead 
     (GMLRS-AW) M30A1. The GMLRS-AW, M30A1, is the next design 
     increment of the GMLRS rocket. The GMLRS-AW M30A1 hardware is 
     over 90% common with the M31A1 GMLRS Unitary hardware. 
     Operational range is between 15-70 kilometers. Accuracy of 
     less than 15 meters Circular Error Probability at all ranges, 
     when using inertial guidance with Global Positioning System 
     (GPS) augmentation. Uses a proximity sensor fuze mode with a 
     10 meter height of burst. The Alternative Warhead carries a 
     200 pound fragmentation assembly filled with high explosives 
     which, upon detonation, accelerates two layers of pre-formed 
     tungsten fragments optimized for effectiveness against large 
     area and imprecisely located targets. The GMLRS-AW provides 
     an area target attack capability that is treaty compliant (no 
     un-exploded ordnance). It provides a 24 hour, all weather, 
     long range attack capability against personnel, soft and 
     lightly armored targets, and air defense targets. The GMLRS-
     AW uses the same motor, guidance and control systems fuze 
     mechanisms, and proximity sensors as the M31A1 GMLRS Unitary. 
     The highest classification level for release of the GMLRS-AW 
     is SECRET, based upon the software, sale or testing of the 
     end item. The highest level of classification that must be 
     disclosed for production, maintenance, or training is 
     CONFIDENTIAL.
       4. The highest classification level for release of the 
     ATACMS Unitary M57 FMS Variant is SECRET, based upon the 
     software. The highest level of classified information that 
     could be disclosed by a sale or by testing of the end item is 
     SECRET; the highest level that must be disclosed for 
     production, maintenance, or training is CONFIDENTIAL. Reverse 
     engineering could reveal CONFIDENTIAL information. Fire 
     Direction System, Data Processing Unit, and special 
     Application software is classified SECRET. Communications 
     Distribution Unit software is classified CONFIDENTIAL. The 
     system specifications and limitations are classified 
     CONFIDENTIAL. Vulnerability Data, countermeasures, 
     vulnerability/susceptibility analyses, and threat definitions 
     are classified SECRET or CONFIDENTIAL.
       5. The GPS Precise Positioning Service (PPS) component of 
     the HIMARS munitions (GMLRS Unitary, Alternative Warhead, and 
     ATACMS Unitary) is also contained in the launcher Fire 
     Direction System, is classified SECRET, and is considered 
     SENSITIVE. The GMLRS M30A1, M31A1, ATACMS M57 and HIMARS M142 
     launchers employ an inertial navigational system that is 
     aided by a Selective Availability Anti-Spoofing Module 
     (SAASM) equipped GPS receiver.
       6. If a technologically advanced adversary were to obtain 
     knowledge of the specific hardware and software, the 
     information could be used to develop countermeasures, which 
     might reduce weapon system effectiveness or be used in the 
     development of a system with similar or advanced 
     capabilities.
       7. This sale is necessary in furtherance of the U.S. 
     foreign policy and national security objectives outlined in 
     the enclosed Military Policy Justification. A determination 
     has been made that Poland can provide the same degree of 
     protection for the sensitive technology being released as the 
     U.S. Government.
       8. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     Poland.

                          ____________________