[Congressional Record Volume 169, Number 117 (Monday, July 10, 2023)]
[Senate]
[Pages S2279-S2280]
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. 23-16, 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Poland for defense articles 
     and services estimated to cost $15 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. 23-16

     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 * $13 billion.
       Other $2 billion.
       Total $15 billion.
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase: The Government of 
     Poland has requested to buy phase two of a two-phase program 
     for an Integrated Air and Missile Defense (IAMD) Battle 
     Command System (IBCS) enabled PATRIOT Configuration-3+ with 
     modernized sensors and components, including:
       Major Defense Equipment (MDE):
       Forty-eight (48) PATRIOT M903 Launch Stations.
       Up to six hundred forty-four (644) PATRIOT Advanced 
     Capability (PAC) 3 Missile Segment Enhanced (MSE) Missiles.
       Forty-eight (48) Launcher Interface Network Kits (LINKs).
       Twelve (12) Lower Tier Air and Missile Defense Sensors 
     (LTAMDS).
       Twelve (12) Large Tactical Power Systems (LTPS) for the 
     LTAMDS.
       Non-MDE: Also included is communications equipment; tools 
     and test equipment; support equipment; generators; spare 
     parts; repair parts; Global Positioning System PPS (SAASM) 
     receivers; modification kits; U.S. Government and contractor 
     technical, engineering, and logistics support services for 
     planning, execution, Systems Integration and Checkout (SICO), 
     flight test activities,

[[Page S2280]]

     field office support and training; and other related elements 
     of logistics and program support.
       (iv) Military Department: Army (PL-B-UEJ, PL-B-UEK, PL-B-
     UEL, PL-B-UEM).
       (v) Prior Related Cases, if any: PL-B-UCW.
       (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: June 28, 2023.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

Poland--Integrated Air and Missile Defense (IAMD) Battle Command System 
                                 (IBCS)

       The Government of Poland has requested to buy phase two of 
     a two-phase program for an Integrated Air and Missile Defense 
     (IAMD) Battle Command System (IBCS) enabled PATRIOT 
     Configuration-3+ with modernized sensors and components, 
     including: forty-eight (48) PATRIOT M903 Launch Stations; up 
     to six hundred forty-four (644) PATRIOT Advanced Capability 
     (PAC) 3 Missile Segment Enhanced (MSE) missiles; forty-eight 
     (48) Launcher Interface Network Kits (LINKs); twelve (12) 
     Lower Tier Air and Missile Defense Sensors (LTAMDS); and 
     twelve (12) Large Tactical Power Systems (LTPS) for the 
     LTAMDS. Also included is communications equipment; tools and 
     test equipment; support equipment; generators; spare parts; 
     repair parts; Global Positioning System PPS (SAASM) 
     receivers; modification kits; U.S. Government and contractor 
     technical, engineering, and logistics support services for 
     planning, execution, Systems Integration and Checkout (SICO), 
     flight test activities, field office support and training; 
     and other related elements of logistics and program support. 
     The total estimated program cost is $15 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 missile defense 
     capability and 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 contractors will be Raytheon Corporation, 
     Andover, MA; Lockheed-Martin Missiles and Fire Control, Grand 
     Prairie, TX; and another original equipment manufacturer to 
     be selected to develop and produce generator sets for the 
     LTPS. The purchaser has requested offsets. Any offset 
     agreement will be defined in negotiations between the 
     purchaser and the contractor(s).
       Implementation of this proposed sale will require 
     approximately forty (40) U.S. Government and/or forty-five 
     (45) contractor representatives to travel to Poland for an 
     extended period for equipment de-processing/fielding, system 
     checkout, training, and technical and logistics support.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 23-16

     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 PATRIOT Advanced Capability (PAC) 3 Missile Segment 
     Enhanced missile is a small, highly agile, kinetic kill 
     interceptor for defense against tactical ballistic missiles, 
     cruise missiles and air-breathing threats. The MSE variant of 
     the PAC-3 missile represents the next generation in hit-to-
     kill interceptors and provides expanded battlespace against 
     evolving threats. The PAC-3 MSE improves upon the original 
     PAC-3 capability with a higher performance solid rocket 
     motor, modified lethality enhancer, more responsive control 
     surfaces, upgraded guidance software, and insensitive 
     munitions improvements.
       2. M903 launcher stations are capable of launching the 
     entire family of PATRIOT missiles. All new U.S. launchers are 
     M903 configuration.
       3. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     SECRET.
       4. 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.
       5. A determination has been made that the Government 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.
       6. 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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