[Congressional Record Volume 169, Number 25 (Tuesday, February 7, 2023)]
[Senate]
[Pages S255-S256]
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)(1) of the Arms Export Control Act, as 
     amended, we are forwarding herewith Transmittal No. 23-10, 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Poland for defense articles 
     and services estimated to cost $10 billion. 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. 23-10

     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: Republic of Poland.
       (ii) Total Estimated Value:
       Major Defense Equipment* $8 billion.
       Other $2 billion.
       Total $10 billion.
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Eighteen (18) M142 High Mobility Artillery Rocket System 
     (HIMARS) Launchers.
       Four hundred sixty-eight (468) HIMARS Launcher Loader 
     Module Kits.
       Forty-five (45) M57 Army Tactical Missile Systems (ATACMS).
       Four hundred sixty-one (461) M30A2 Guided Multiple Launch 
     Rocket System Alternative Warhead (GMLRS-AW) Pods with 
     Insensitive Munitions Propulsion System (IMPS).
       Five hundred twenty-one (521) M31A2 Guided Multiple Launch 
     Rocket System Unitary (GMLRS-U) Pods with Insensitive 
     Munitions Propulsion System (IMPS).
       Five hundred thirty-two (532) XM403 Guided Multiple Launch 
     Rocket System Extended Range Alternative Warhead (GMLRS-ER 
     AW) Pods.
       Non-MDE: Also included are Low Cost Reduced Range 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; training; sensors; and other 
     related elements of logistics and program support.
       (iv) Military Department: Army (PL-B-UEA, PL-B-UEB, PL-B-
     UEF, PL-B-UEG).
       (v) Prior Related Cases, if any: PL-B-UDJ.
       (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: February 7, 2023.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

         Poland--High Mobility Artillery Rocket System (HIMARS)

       The Republic of Poland has requested to buy eighteen (18) 
     M142 High Mobility Artillery Rocket System (HIMARS) 
     launchers; four hundred sixty-eight (468) HIMARS Launcher 
     Loader Module kits; forty-five (45) M57 Army Tactical Missile 
     Systems (ATACMS); four hundred sixty-one (461) M30A2 Guided 
     Multiple Launch Rocket System Alternative Warhead (GMLRS-AW) 
     pods with Insensitive Munitions Propulsion System (IMPS); 
     five hundred twenty-one (521) M31A2 Guided Multiple Launch 
     Rocket System Unitary (GMLRS-U) pods with Insensitive 
     Munitions Propulsion System (IMPS); and five hundred thirty-
     two (532) XM403 Guided Multiple Launch Rocket System Extended 
     Range Alternative Warhead (GMLRS-ER AW) pods. Also included 
     are Low Cost Reduced Range 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; training; sensors; and other related elements of 
     logistics and program support. The total estimated cost is 
     $10 billion.
       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 Poland's military goals of 
     updating capability while further enhancing interoperability 
     with the United States and other allies. 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. 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, Grand 
     Prairie, TX. There are no known offset agreements proposed in 
     connection with this potential sale. Any future offset 
     agreement would be defined in negotiations between the 
     purchaser and the contractor(s).
       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. 23-10

     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 M142 High Mobility Artillery Rocket System (HIMARS) 
     is a C-130 transportable wheeled launcher mounted on a 5-ton 
     Family of Medium Tactical Vehicles truck chassis. HIMARS is 
     the modern Army-fielded version of the Multiple Launch Rocket 
     System (MLRS) M270 launcher and can fire all of the MLRS 
     Family of Munitions (FOM) including Guided Multiple Launch 
     Rocket System (GMLRS) variants and the Army Tactical Missile 
     System (ATACMS). Utilizing the MLRS FOM, the HIMARS can 
     engage targets between 15 and 300 kilometers with GPS-aided 
     precision accuracy.
       2. The HIMARS Launcher Loader Module (LM) is mounted to the 
     vehicle chassis and provides the necessary structure and 
     mechanisms for the loading, launching, and unloading of all 
     the MFOM rocket and missile munitions. The LM consists of a 
     platform, a turret, and a base assembly. The base assembly 
     interfaces with the carrier vehicle. The turret system sits 
     on top of the base and allows for the aiming of the LM 
     assembly in azimuth. The platform, on which one rocket pod is 
     mounted, allows for the aiming of the LM in elevation.

[[Page S256]]

  

       3. The M57 Army Tactical Missile System (ATACMS)--Unitary 
     is a conventional, semi-ballistic missile that utilizes a 
     500-pound high explosive warhead. It has an effective range 
     of between 70 and 300 kilometers, and has increased lethality 
     and accuracy over previous versions of the ATACMS due to a 
     GPS/Precise Position System (PPS) aided navigation system.
       4. The M31A2 GMLRS Unitary is the Army's primary munition 
     for units fielding the M142 HIMARS and M270Al Multiple 
     Launcher Rocket System (MLRS) Launchers. The M31 Unitary is a 
     solid propellant artillery rocket that uses Global 
     Positioning System/Precise Positioning Service (GPS/PPS)-
     aided inertial guidance to accurately and quickly deliver a 
     single high-explosive blast fragmentation warhead to targets 
     at ranges from 15-70 kilometers. The rockets are fired from a 
     launch pod container that also serves as the storage and 
     transportation container for the rockets. Each rocket pod 
     holds six (6) total rockets.
       5. The M30A2 GMLRS Alternative Warhead shares a greater 
     than 90% commonality with the M31A1 Unitary. The primary 
     difference between the GMLRS-U and GMLRS--AW is the 
     replacement of the Unitary's high explosive warhead with a 
     200 pound fragmentation warhead of pre-formed tungsten 
     penetrators which is optimized for effectiveness against 
     large area and imprecisely located targets. The munitions 
     otherwise share a common motor, GPS/PPS-aided inertial 
     guidance and control system, fuzing mechanism, multi-option 
     height of burst capability, and effective range of 15-70km.
       6. The Extended Range (ER) GMLRS provides a persistent, 
     responsive, all-weather, rapidly deployed, long range, 
     surface-to surface, area- and point-precision strike 
     capability. The XM403 Alternative Warhead (AW) carries a 200-
     pound fragmentation assembly filled with high explosives 
     which, upon detonation, accelerates two layers of preformed 
     penetrators optimized for effectiveness against large area 
     and imprecisely located targets. The ER GMLRS maintains the 
     accuracy and effectiveness demonstrated by the baseline GMLRS 
     out to an increased range of 150 km and includes a modernized 
     Height of Burst (HOB) capability.
       7. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     SECRET.
       8. 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.
       9. A determination has been made that Poland will 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.
       10. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Republic of Poland.

                          ____________________