[Congressional Record Volume 164, Number 188 (Thursday, November 29, 2018)]
[Senate]
[Pages S7231-S7232]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        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. 19-07 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Poland for defense articles 
     and services estimated to cost $655 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,
                                                Gregory M. Kausner
       (For Charles W. Hooper, Lieutenant General, USA, Director).
       Enclosures.


                         Transmittal No. 19-07

     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* $335 million.
       Other $320 million.
       Total $655 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Twenty (20) High Mobility Artillery Rocket System (HIMARS) 
     M142 Launchers.
       Thirty-six (36) Guided Multiple Launch Rocket System 
     (GMLRS) M31A1 Unitary.
       Nine (9) Guided Multiple Launch Rocket System (GMLRS) M30A1 
     Alternative Warhead.
       Thirty (30) Army Tactical Missile System (ATACMS) M57 
     Unitary.
       Twenty-four (24) Advanced Field Artillery Tactical Data 
     Systems (AFATDS).
       Twenty (20) Multiple Launcher Pod Assembly M68A2 Trainers.
       Twenty-four (24) M1151A1 High Mobility Multi-purpose 
     Wheeled Vehicles (HMMWVs).
       Nine (9) M1151A1 High Mobility Multi-purpose Wheel Vehicles 
     (HMMWVs).
       Non-MDE: Also included are twenty (20) Low Cost Reduced 
     Range (LCRR) practice rockets, support equipment, 
     communications equipment, spare and repair parts, test sets, 
     batteries, laptop computers, publications and technical data, 
     facility design, personnel training and equipment, systems 
     integration support, Quality Assurance Teams and a Technical 
     Assistance Fielding Team, United States Government and 
     contractor engineering and logistics personnel services, and 
     other related elements of logistics support, training, 
     sensors, and other related elements of logistics and program 
     support.
       (iv) Military Department: Army (PL-B-UDJ).
       (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 Service Proposed to be Sold: See Attached 
     Annex.
       (viii) Date Report Delivered to Congress: November 29, 
     2018.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

  Poland--High Mobility Artillery Rocket System (HIMARS) and Related 
                         Support and Equipment

       Poland has requested to buy twenty (20) High Mobility 
     Artillery Rocket System (HIMARS) M142 Launchers, thirty-six 
     (36) Guided Multiple Launch Rocket System (GMLRS) M31 
     Unitary, nine (9) Guided Multiple Launch Rocket System 
     (GMLRS) M30A1 Alternative Warheads, thirty (30) Army Tactical 
     Missile System (ATACMS) M57 Unitary, twenty-four (24) 
     Advanced Field Artillery Tactical Data Systems (AFATDS), 
     twenty (20) Multiple Launcher Pod Assembly M68A2 Trainers, 
     twenty-four (24) M1151A1 High Mobility Multi-purpose Wheeled 
     Vehicles (HMMWVs), and nine (9) M1151A1 High Mobility Multi-
     purpose Wheel Vehicles (HMMWVs). Also included are twenty 
     (20) Low Cost Reduced Range (LCRR) practice rockets, support 
     equipment, communications equipment, spare and repair parts, 
     test sets, batteries, laptop computers, publications and 
     technical data, facility design, personnel training and 
     equipment, systems integration support, Quality Assurance 
     Teams and a Technical Assistance Fielding Team, United States 
     Government and contractor engineering and logistics personnel 
     services, and other related elements of logistics support, 
     training, sensors, and other related elements of logistics 
     and program support. The estimated cost is $655 million.
       This proposed sale will support the foreign policy and 
     national security of the United States by improving the 
     security of a NATO ally which is 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 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 will not alter the 
     basic military balance in the region.
       The principal contractor will be Lockheed Martin, Grand 
     Prairie, TX. 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. 19-07

     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 Explosive (HE) 200 pound class 
     warhead along with GPS aided Inertial Measurement Unit (IMU) 
     based guidance and control for

[[Page S7232]]

     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. The 
     operational range is between 15-70 kilometers, with an 
     accuracy of less than 15 meters Circular Error Probability at 
     all ranges, when using inertial guidance with Global 
     Positioning System (GPS) augmentation. The system 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. To that end, this system 
     requires encryption keys controlled by, and issued by, the 
     National Security Agency. No GPS PPS design information, 
     including GPS software algorithms, will be disclosed in the 
     course of this sale to country. Susceptibility of GMLRS to 
     diversion or exploitation is considered low risk.
       6. AFATDS is a multi-service (U.S. Army and U.S. Marine 
     Corp) automated, expert decision support system used for 
     Command, Control, Communications and integration and 
     synchronization of fires on ground targets during all phases 
     of military conflict. AFATDS provides the automated tools 
     that significantly augment the capability of fire support 
     coordinators, fire support asset commanders, and their 
     respective staffs at every echelon during the planning and 
     execution of fire support on the dynamic battlefields in 
     support of the Maneuver Commander and his plans.
       7. If a technologically advanced adversary were to obtain 
     knowledge of the hardware and software elements, the 
     information could be used to develop countermeasures or 
     equivalent systems which might reduce system effectiveness or 
     be used in the development of a system with similar or 
     advanced capabilities.
       8. A determination has been made that the Government of 
     Poland 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.
       9. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Government of Poland.

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