[Congressional Record Volume 165, Number 145 (Wednesday, September 11, 2019)]
[Senate]
[Pages S5438-S5440]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  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 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. 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)(1) of the Arms Export Control Act, as 
     amended, we are forwarding herewith Transmittal No. 19-49 
     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 $6.5 billion. After this 
     letter is delivered to your office, we plan to issue a news 
     release to notify the public of this proposed sale.
           Sincerely,
                                                  Greg M. Kausner,
       (For Charles W. Hooper, Lieutenant General, USA, Director).
       Enclosures.


                         Transmittal No. 19-49

     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 * $4.1 billion.
       Other $2.4 billion.
       Total $6.5 billion.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Thirty-two (32) F-35 Joint Strike Fighter Conventional Take 
     Off and Landing (CTOL) Aircraft.
       Thirty-three (33) Pratt & Whitney F-135 Engines (32 
     installed, 1 spare).
       Non-MDE: Also included are Electronic Warfare Systems; 
     Command, Control, Communications, Computer, and Intelligence/
     Communications, Navigational, and Identification (C4I/
     CNI);Autonomic Logistics Global Support System (ALGS); 
     Autonomic Logistics Information System (ALIS); Full Mission 
     Trainer; Weapons Employment Capability, and other Subsystems, 
     Features, and Capabilities; F-35 unique infrared flares; 
     reprogramming center; F-35 Performance Based Logistics; 
     software development/integration; aircraft ferry and tanker 
     support; support equipment; tools and test equipment; 
     communications equipment; spares and repair parts; personnel 
     training and training equipment; publications and technical 
     documents; U.S. Government and contractor engineering, 
     logistics, and personnel services; and other related elements 
     of logistics and program support.
       (iv) Military Department: Air Force (PL-D-SAI).
       (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: September 10, 
     2019.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          Policy Justification

               Poland--F-35 Joint Strike Fighter Aircraft

       Poland has requested to buy thirty-two (32) F-35 Joint 
     Strike Fighter Conventional Take Off and Landing (CTOL) 
     Aircraft and thirty-three (33) Pratt & Whitney F-135 Engines. 
     Also included are Electronic Warfare Systems; Command, 
     Control, Communications, Computer, and Intelligence/
     Communications, Navigational, and Identification (C4I/CNI); 
     Autonomic Logistics Global Support System (ALGS); Autonomic 
     Logistics Information System (ALIS); Full Mission Trainer; 
     Weapons Employment Capability, and other Subsystems, 
     Features, and Capabilities; F-35 unique infrared flares; 
     reprogramming center; F-35 Performance Based Logistics; 
     software development/integration; aircraft ferry and tanker 
     support; support equipment; tools and test equipment; 
     communications equipment; spares and repair parts; personnel 
     training and training equipment; publications and technical 
     documents; U.S. Government and contractor engineering, 
     logistics, and personnel services; and other related elements 
     of logistics and program support. The estimated cost is $6.5 
     billion.
       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 modem systems that will enhance 
     interoperability with U.S. forces and increase security.
       This proposed sale of F-35s will provide Poland with a 
     credible defense capability to deter aggression in the region 
     and ensure interoperability with U.S. forces. The proposed 
     sale will augment Poland's operational aircraft inventory and 
     enhance its air-to-air and air-to-ground self-defense 
     capability. The Polish Air Force's legacy MiG-29 and Su-22 
     fleet will be replaced with F-35s. Poland will have no 
     difficulty absorbing these aircraft into its armed forces.
       The proposed sale of this aircraft, systems and support 
     will not alter the basic military balance in the region.
       The prime contractors will be Lockheed Martin Aeronautics 
     Company in Fort Worth, Texas; and Pratt &Whitney Military 
     Engines in East Hartford, Connecticut. There are no known 
     offset agreements proposed in connection with this potential 
     sale. However, the purchaser typically requests offsets. Any 
     offset agreements will be defined in negotiations between the 
     purchaser and the contractor(s).
       Implementation of this proposed sale will require multiple 
     trips to Poland involving U.S. Government and contractor 
     representatives for technical reviews/support, program 
     management and training over the life of the program. U.S. 
     contractor representatives will be required in Poland to 
     conduct Contractor Engineering Technical Services (CETS) and 
     Autonomic Logistics and Global Support (ALGS) for after 
     aircraft delivery.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.

[[Page S5439]]

  



                         Transmittal No. 19-49

     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 F-35 Conventional Take-Off and Landing (CTOL) Block 
     4 aircraft is classified SECRET, except as noted below. It 
     contains current technology representing the F-35 low 
     observable airframe/outer mold line, Pratt & Whitney engine, 
     radar, integrated core processor central computer, mission 
     systems/electronic warfare suite, a multiple sensor suite, 
     operational flight and maintenance trainers, technical data/
     documentation, and associated software. As the aircraft and 
     its subsystems are under development, many specific 
     identifying equipment/system nomenclatures have not been 
     assigned to date. Sensitive and classified elements of the F-
     35 CTOL Block 4 aircraft include hardware, accessories, 
     components, and associated software for the following major 
     subsystems:
       a. The Propulsion system is classified SECRET and contains 
     technology representing the latest state-of-the-art in 
     several areas. Information on performance and inherent 
     vulnerabilities is classified SECRET. Software (object code) 
     is classified SECRET. The single 40,000-lb thrust class 
     engine is designed for low observability and has been 
     integrated into the aircraft system. Pratt & Whitney, with 
     the F-135, is developing and producing engine turbo machinery 
     compatible with the F-35 and assures highly reliable, 
     affordable performance. The engine is designed to be utilized 
     in all F-35 variants, providing unmatched commonality and 
     supportability throughout the worldwide base of F-35 users. 
     The CTOL propulsion configuration consists of a main engine, 
     diverterless supersonic inlet, and a Low Observable 
     Axisymmetric Nozzle (LOAN).
       b. The AN/APG-81 Active Electronically Scanned Array (AESA) 
     provides mission systems with air-to-air and air-to-ground 
     tracks, which the mission system uses as a component to 
     sensor fusion. The AESA allows the radar to direct RF energy 
     in a way that does not expose the F-35, allowing it to 
     maintain low observability in high-threat environments. The 
     radar subsystem supports integrated system performance for 
     air-to-air missions by providing search, track, 
     identification, and AIM-120 missile data link functionality. 
     The radar also provides synthetic aperture radar mapping for 
     locating surface targets and weather mapping for weather 
     avoidance. The radarfunctions are tightly integrated, 
     interleaved, and managed by an interface to sensor management 
     functions within mission software. The hardware and software 
     are classified SECRET.
       c. The Electro Optical Targeting System (EOTS) contains 
     technology representing the latest state-of-the-art in 
     several areas. Information on performance and inherent 
     vulnerabilities is classified SECRET. Software (object code) 
     is classified SECRET. The EOTS subsystem to the sensor suite 
     provides long-range detection and tracking, Infrared Search 
     and Track (IRST) capability, a Forward-Looking Infrared 
     (FLIR) sensor for precision tracking, and Bomb Damage 
     Indication (BDI) capability. EOTS replaces multiple separate 
     internal or podded systems typically found on legacy 
     aircraft. The functionality of the EOTS employs the following 
     modes: Targeting FLIR; Laser Range-Finding and Target 
     Designation; EO DAS and EOTS Performance.
       d. The Electro-Optical Distributed Aperture System (EODAS) 
     is a subsystem to the sensor suite and provides full 
     spherical coverage for air-to-air and air-to-ground detection 
     and Navigation Forward Looking Infrared (NFLIR) imaging. The 
     system contains both SECRET and UNCLASSIFIED elements and 
     contains technology representing the latest state-of-the-art 
     in several areas. Information on performance and inherent 
     vulnerabilities is classified SECRET. Software (object code) 
     is classified SECRET. The NFLIR capability provides infrared 
     (IR) imagery directly to the pilot's Helmet-Mounted Display 
     (HMD) for navigation in total darkness, including takeoff and 
     landing, and provides a passive IR input to the F-35's sensor 
     fusion algorithms. The all-aspect missile warning function 
     provides time-critical warnings of incoming missiles and cues 
     other subsystems to provide effective countermeasure 
     employment. EODAS also provides an IRST function that can 
     create and maintain Situational Awareness-quality tracks 
     (SAIRST). EODAS is a mid-wave Infrared (IR) system consisting 
     of six identical sensors distributed around the F-35 
     aircraft. Each sensor has a corresponding airframe window 
     panel integrated with the aircraft structure to meet 
     aerodynamic and stealth requirements.
       e. The Electronic Warfare (EW) system contains technology 
     representing the latest state-of-the-art in several areas. 
     Information on performance and inherent vulnerabilities is 
     classified SECRET. Software (object code) is classified 
     SECRET. Sensitive elements include: apertures; radio 
     frequency (RF) and infrared (IR) countermeasures; and 
     Electronic Countermeasures 1(ECM) techniques and features. 
     The reprogrammable, integrated system provides radar warning 
     and electronic support measures (ESM) along with a fully 
     integrated countermeasures (CM) system. The EW system is the 
     primary subsystem used to enhance situational awareness, 
     targeting support and self-defense through the search, 
     intercept, location and identification of in-band emitters 
     and to automatically counter IR and RF threats. The IR and RF 
     countermeasures are classified SECRET. This system uses low 
     signature-embedded apertures, located in the aircraft control 
     surface edges, to provide direction finding and 
     identification of surface and airborne emitters and the geo- 
     location of surface emitters. The system is classified 
     SECRET.
       f. The Command, Control, Communications, Computers and 
     Intelligence/ communications, Navigation, and Identification 
     (C4I/CNI) system provides the pilot with unmatched 
     connectivity to flight members, coalition forces, and the 
     battlefield. It is an integrated subsystem designed to 
     provide a broad spectrum of secure, anti-jam, covert voice 
     and data communications, precision radio navigation and 
     landing capability, self-identification, beyond visual range 
     target identification, and connectivity with off-board 
     sources of information. The functionality is tightly 
     integrated within the mission system for enhanced efficiency 
     and effectiveness in the areas of communications, navigation, 
     identification, and sensor fusion. Information on performance 
     and inherent vulnerabilities is classified SECRET. Software 
     (object code) is classified SECRET. The CNI function includes 
     both SECRET and UNCLASSIFIED elements. Sensitive elements of 
     the CNI subsystems include:
       1. The VHF/UHF Voice and Data (Plain and Secure) 
     Communication functionality includes air-to-air UHF/VHF voice 
     and data, both clear and secure, to provide communications 
     with other friendly and coalition aircraft, air-to-ground UHF 
     voice to provide communications with ground sites, and 
     intercommunication voice and tone alerts to provide 
     communications between the avionics system and the pilot. 
     UHF/VHF downlink of air vehicle status and maintenance 
     information is provided to notify the ground crews of the 
     amounts and types of stores, fuel, and other supplies or 
     equipment needed to quickly turn the aircraft for the next 
     mission. The system contains both SECRET and UNCLASSIFIED 
     elements and contains technology representing the latest 
     state- of-the-art in several areas. Information on 
     performance and inherent vulnerabilities is classified 
     SECRET. Software (object code) is classified SECRET.
       2. The Tactical Air Navigation (TACAN) functionality 
     provides operational modes to identify ground station and to 
     provide bearing-to-station, slant range-to- ground station, 
     bearing-to-airborne station and slant range to the nearest 
     airborne station or aircraft. TACAN is not unique to the F-35 
     aircraft but is standard on most U.S. Air Force aircraft. 
     Information on performance and inherent vulnerabilities is 
     classified SECRET. Software (object code) is classified 
     SECRET.
       3. The Identification Friend or Foe Interrogator and 
     Transponder Identification functionality consists of 
     integrated Mark XII Identification Friend or Foe (IFF) 
     transponder capability to provide identification of other 
     friendly forces. The CNI system supports sensor fusion by 
     supplying data from IFF interrogations and off-board sources 
     through the intra-flight data link. The system contains both 
     SECRET and UNCLASSIFIED elements and contains technology 
     representing the latest state-of-the-art in several areas. 
     Information on performance and inherent vulnerabilities is 
     classified SECRET. Software (object code) is classified 
     SECRET.
       4. The Global Positioning System Navigation functionality 
     includes the Global Positioning System (OPS) aided inertial 
     navigation to provide high-quality positional navigation, and 
     the Instrument Landing System (ILS)/Tactical Air Control and 
     Navigation (TACAN) to provide navigation and landing cues 
     within controlled airspace. Information on performance and 
     inherent vulnerabilities is classified SECRET. Software 
     (object code) is classified SECRET.
       5. The Multi-Function Advanced Data Link (MADL) is used 
     specifically for communications between F-35 aircraft and has 
     a very low probability of intercept, contributing to covert 
     operations. The system contains both SECRET and UNCLASSIFIED 
     elements and contains technology representing the latest 
     state-of-the-art in several areas. Information on performance 
     and inherent vulnerabilities is classified SECRET. Software 
     (object code) is classified SECRET.
       6. The Inertial Navigation System is an all-attitude, Ring 
     Laser Gyro-based navigation system providing outputs of 
     linear and angular acceleration, velocity, body angular 
     rates, position, altitude (roll, pitch, and platform 
     azimuth), magnetic and true heading, altitude, and time tags. 
     Information on performance and inherent vulnerabilities is 
     classified SECRET. Software (object code) is classified 
     SECRET.
       7. The Radar Altimeter functionality is a module provided 
     in the CNI system rack 3A and uses separate transmit and 
     receive antennae. It measures and reports altitude, and 
     altitude rate of change. Control data is transferred over to 
     a configurable avionics interface card, which translates the 
     information to the F-35 aircraft computers. Information on 
     performance and inherent vulnerabilities is classified 
     SECRET. Software (object code) is classified SECRET.
       8. The Instrument Landing System (ILS) measures, and 
     reports azimuth course and alignment, elevation course 
     alignment, and distance to the runway. Data from the ILS is 
     used to drive visual flight instrumentation. Information on 
     performance and inherent vulnerabilities is classified 
     SECRET. Software (object code) is classified SECRET.

[[Page S5440]]

  

       9. The Tactical Data Link is a secure broadcast Tactical 
     Digital Information Link (TADIL) used for real-time voice/
     data exchange for command and control, relative navigation, 
     and Precise Position Location Identification (PPLI), 
     providing Link-16 type capabilities. The system contains both 
     SECRET and UNCLASSIFIED elements and contains technology 
     representing the latest state- of-the-art in several areas. 
     Information on performance and inherent vulnerabilities is 
     classified SECRET. Software (object code) is classified 
     SECRET.
       g. The F-35 Autonomic Logistics Global Sustainment (ALGS) 
     includes both SECRET and UNCLASSIFIED elements. It provides a 
     fully integrated logistics management solution. ALGS 
     integrates a number of functional areas, including supply 
     chain management, repair, support equipment, engine support, 
     and training. The ALGS infrastructure employs a state-of-the-
     art information system that provides real-time, decision-
     worthy information for sustainment decisions by flight line 
     personnel. Prognostic health monitoring technology is 
     integrated with the air system and is crucial to the 
     predictive maintenance of vital components.
       h. The F-35 Autonomic Logistics Information System (ALIS) 
     includes both SECRET and UNCLASSIFIED elements. The ALIS 
     provides an intelligent information infrastructure that binds 
     all of the key concepts of ALGS into an effective support 
     system. ALIS establishes the appropriate interfaces among the 
     F-35 Air Vehicle, the warfighter, the training system, 
     government information technology (IT) systems, JSF 
     operations, and supporting commercial enterprise systems. 
     Additionally, ALIS provides a comprehensive tool for data 
     collection and analysis, decision support, and action 
     tracking.
       i. The F-35 Training System includes both SECRET and 
     UNCLASSIFIED elements. The Training System includes several 
     types of training devices, to provide for integrated training 
     of both pilots and maintainers. The pilot training device 
     includes a Full Mission Simulator (FMS). The maintainer 
     training devices include an Aircraft Systems Maintenance 
     Trainer (ASMT), Ejection System Maintenance Trainer (ESMT), 
     and Weapons Loading Trainer (WLT). The F-35 Training System 
     can be integrated, where both pilots and maintainers learn in 
     the same Integrated Training Center (ITC). Alternatively, the 
     pilots and maintainers can train in separate facilities 
     (Pilot Training Center and Maintenance Training Center).
       j. Weapons employment capability is SECRET and contains 
     technology representing the latest state-of-the-art in 
     several areas. Information on performance and inherent 
     vulnerabilities is SECRET. Software (object code) is 
     classified SECRET. Sensitive elements include co-operative 
     targeting.
       k. Other Subsystems, Features, and Capabilities:
       l. The Low Observable Air Frame is SECRET and contains 
     technology representing the latest state-of-the-art in 
     several areas. Information on performance and inherent 
     vulnerabilities is classified SECRET. Software (object code) 
     is SECRET. Sensitive elements include: the Radar Cross 
     Section and its corresponding plots, construction materials 
     and fabrication.
       2. The Integrated Core Processor (ICP) Central Computer is 
     SECRET and contains technology representing the latest state-
     of-the-art in several areas. Information on performance and 
     inherent vulnerabilities is SECRET. Software (object code) is 
     classified SECRET. Sensitive elements include: F-35 
     Integrated Core Processor utilizing Commercial Off-the-Shelf 
     (COTS) Hardware and Module Design to maximize growth and 
     allow for efficient management of DMS and Technology 
     Insertion, if additional processing is needed, a second ICP 
     will be installed in the space reserved for that purpose, 
     more than doubling the current throughput and memory 
     capacity.
       3. The F-35 Helmet Mounted Display System (HMDS) is SECRET 
     and contains technology representing the latest state-of-the-
     art in several areas. Information on performance and inherent 
     vulnerabilities is SECRET. Software (object code) is SECRET. 
     Sensitive elements include: HMDS consists of the Display 
     Management Computer-Helmet, a helmet shell/display module, a 
     quick disconnect integrated as part of the ejection seat, 
     helmet trackers and tracker processing, day- and night-vision 
     camera functions, and dedicated system/graphics processing. 
     The HMDS provides a fully sunlight readable, bi-ocular 
     display presentation of aircraft information projected onto 
     the pilot's helmet visor. The use of a night vision camera 
     integrated into the helmet eliminates the need for separate 
     Night Vision Goggles (NVG). The camera video is integrated 
     with EO and IR imaging inputs and displayed on the pilot's 
     visor to provide a comprehensive night operational 
     capability.
       4. The Pilot Life Support System is SECRET and contains 
     technology representing the latest state-of-the-art in 
     several areas. Information on performance and inherent 
     vulnerabilities is SECRET. Software (object code) is SECRET. 
     Sensitive elements include: a measure of Pilot Chemical, 
     Biological, and Radiological Protection through use of an On-
     Board Oxygen Generating System (OBOGS); and an escape system 
     that provide additional protection to the pilot. OBOGS takes 
     the Power and Thermal Management System (PTMS) air and 
     enriches it by removing gases (mainly nitrogen) by 
     adsorption, thereby increasing the concentration of oxygen in 
     the product gas and supplying breathable air to the pilot.
       5. The Off-Board Mission Support System is SECRET and 
     contains technology representing the latest state-of-the-art 
     in several areas. Information on performance and inherent 
     vulnerabilities is SECRET. Software (object code) is SECRET. 
     Sensitive elements include: mission planning, mission 
     briefing, maintenance/intelligence/ tactical debriefing, 
     sensor/algorithm planning, EW system reprogramming, data 
     debrief, etc.
       1. Publications: Manuals are considered SECRET as they 
     contain information on aircraft/system performance and 
     inherent vulnerabilities.
       2. The JSF Reprogramming Center is classified SECRET and 
     contains technology representing the latest state-of-the-art 
     in several areas. This hardware/software facility is located 
     in the United States and provides F-35 customers a means to 
     update JSF electronic warfare databases. Sensitive elements 
     include: EW software databases and tools to modify these 
     databases.
       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 that 
     might reduce weapon system effectiveness or be used in the 
     development of a system with similar or advanced 
     capabilities.
       4. 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 sale 
     is necessary in furtherance of the U.S. foreign policy and 
     national security objectives outlined in the Policy 
     Justification.
       5. All defense articles and services listed in this 
     transmittal are authorized for release and export to the 
     Government of Poland.
                                  ____
                                  

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