[Congressional Record Volume 169, Number 142 (Tuesday, September 5, 2023)]
[Senate]
[Pages S3886-S3888]
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.

[[Page S3887]]

  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. 23-48, 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Poland for defense articles 
     and services estimated to cost $12.0 billion. We will issue a 
     news release to notify the public of this proposed sale upon 
     delivery of this letter to your office.
           Sincerely,
                                                       Mike Miller
                                  (For James A. Hursch, Director).
       Enclosures.


                         Transmittal No. 23-48

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(l) of the Arms Export Control Act, as 
         amended
       (i) Prospective Purchaser: Government of Poland.
       (ii) Total Estimated Value:
       Major Defense Equipment * $7.5 billion.
       Other $4.5 billion.
       Total $12.0 billion.
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Ninety-six (96) AH-64E Apache Attack Helicopters.
       Two hundred ten (210) T700-GE 701D Engines (192 installed, 
     18 spares).
       Ninety-seven (97) AN/ASQ-170 Modernized Target Acquisition 
     and Designation Sight/AN/AAR-11 Modernized Pilot Night Vision 
     Sensors (M-TADS/PNVS) (96 installed, 1 spare).
       Thirty-seven (37) AN/APG-78 Fire Control Radars (FCR) Mast 
     Mounted Assembly (MMA) (36 installed, 1 spare).
       Thirty-seven (37) Longbow Fire Control Radar (FCR) Radar 
     Electronic Units (REU), (36 installed, 1 spare).
       Ninety-six (96) AN/APR-48B Modernized Radar Frequency 
     Interferometers (MRFI).
       One hundred two (102) AN/AAR-57 Common Missile Warning 
     Systems (CMWS) (96 installed, 6 spares).
       Two hundred four (204) AN/ARC-231A, with RT-1987 Receivers 
     Transmitters, Very High Frequency/Ultra High Frequency (VHF/
     UHF) Radios (192 installed, 12 spares).
       One thousand eight hundred forty-four (1,844) AGM-114R2 
     Hellfire Missiles.
       Ninety-six (96) M36E8 Hellfire Captive Air Training 
     Missiles (CATM).
       Four hundred sixty (460) AGM-179A Joint Air-to-Ground 
     Missiles (JAGM).
       Five hundred eight (508) Stinger 92K Block I Missiles.
       Seven thousand six hundred fifty (7,650) WGU-59/B Advanced 
     Precision Kill Weapon System II (APKWS-II) Guidance Sections 
     (GS).
       Non-MDE: Also included are Radar Signal Detecting Sets; 
     Laser Detecting Sets; Identification Friend or Foe (IFF) 
     transponders; improved Data Modems; Small Tactical Terminals; 
     Improved Countermeasure Dispensing Systems (ICMD); Automatic 
     Direction Finders; Doppler Radar Velocity Sensors; Radar 
     Altimeter Common Cores (RACC); Tactical Air Navigation Set 
     (TACAN); Global Positioning System (GPS) receivers; Simple 
     Key Loader; Advanced Weapon System Automatic Machine Guns; 
     rocket launchers; missile launchers; rockets; ammunition; 
     Manned-Unmanned Teaming (MUMT) Unmanned Aerial System (UAS) 
     Receiver; MUMT Air-Air-Ground kits; training devices; 
     communication systems; helmets; simulators; generators; 
     aircrew survivability equipment; transportation and 
     organization equipment; spare and repair parts; support 
     equipment; tools and test equipment; technical data and 
     publications; personnel training and training equipment; U.S. 
     Government and contractor technical assistance; technical and 
     logistics support services; and other related elements of 
     program and logistical support.
       (iv) Military Department: Army (PL-B-UEH).
       (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: August 21, 2023.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          policy justification

                   Poland--AH-64E Apache Helicopters

       The Government of Poland has requested to buy ninety-six 
     (96) AH-64E Apache Attack Helicopters; two hundred ten (210) 
     T700-GE 7010 engines (192 installed, 18 spares); ninety-seven 
     (97) AN/ASQ-170 Modernized Target Acquisition and Designation 
     Sight/AN/AAR-11 Modernized Pilot Night Vision Sensors (M-
     TADS/PNVS) (96 installed, 1 spare); thirty-seven (37) AN/APG-
     78 Fire Control Radars (FCR) Mast Mounted Assembly (MMA) (36 
     installed, 1 spare); thirty-seven (37) Longbow Fire Control 
     Radar (FCR) Radar Electronic Units (REU), (36 installed, 1 
     spare); ninety-six (96) AN/APR-48B Modernized Radar Frequency 
     Interferometers (MRFI); one hundred two (102) AN/AAR-57 
     Common Missile Warning Systems (CMWS) (96 installed, 6 
     spares); two hundred four (204) AN/ARC-231A, with RT-1987 
     Receiver Transmitters, Very High Frequency/Ultra High 
     Frequency (VHF/UHF) radios (192 installed, 12 spares); one 
     thousand eight hundred forty-four (1,844) AGM-114R2 Hellfire 
     Missiles; ninety-six (96) M36E8 Hellfire Captive Air Training 
     Missiles (CATM); four hundred sixty (460) AGM-179A Joint Air-
     to-Ground Missiles (JAGM); five hundred eight (508) Stinger 
     92K Block I Missiles; and seven thousand six hundred fifty 
     (7,650) WGU-59/B Advanced Precision Kill Weapon System II 
     (APKWS-11) Guidance Sections (GS). Also included are Radar 
     Signal Detecting Sets; Laser Detecting Sets; Identification 
     Friend or Foe (IFF) transponders; Improved Data Modems; Small 
     Tactical Terminals; Improved Countermeasure Dispensing 
     Systems (JCMD); Automatic Direction Finders; Doppler Radar 
     Velocity Sensors; Radar Altimeter Common Cores (RACC); 
     Tactical Air Navigation Set (TACAN); Global Positioning 
     System (GPS) receivers; Simple Key Loader; Advanced Weapon 
     System Automatic Machine Guns; rocket launchers; missile 
     launchers; rockets; ammunition; Manned-Unmanned Teaming 
     (MUMT) Unmanned Aerial System (UAS) Receiver; MUMT Air-Air-
     Ground kits; training devices; communication systems; 
     helmets; simulators; generators; aircrew survivability 
     equipment; transportation and organization equipment; spare 
     and repair parts; support equipment; tools and test 
     equipment; technical data and publications; personnel 
     training and training equipment; U.S. Government and 
     contractor technical assistance; technical and logistics 
     support services; and other related elements of program and 
     logistical support. The estimated total cost is $12.0 
     billion.
       This proposed sale will support the foreign policy goals 
     and national security objectives of the United States by 
     improving the security of a North Atlantic Treaty 
     Organization (NATO) Ally that is a force for political 
     stability and economic progress in Europe.
       The proposed sale will improve Poland's capability to meet 
     current and future threats by providing a credible force that 
     is capable of deterring adversaries and participating in NATO 
     operations. 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 Boeing, Mesa, AZ, and 
     Lockheed Martin, Orlando, FL. 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 temporary 
     duty travel of five to eight U.S. Government and contractor 
     representatives to Poland for a duration of up to five years 
     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. 23-48

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(l) of the Arms Export Control Act

                           Annex Item No. vii

       (vii) Sensitivity of Technology:
       1. The AH-64E Apache Attack Helicopter is the Army's 
     advanced attack helicopter, equipped for performing close air 
     support, anti-armor, and armed reconnaissance missions. The 
     aircraft contains the following communications and target 
     identification equipment, navigation equipment, aircraft 
     survivability equipment, displays, and sensors:
       a. The AN/ARC-231A (RT 1987) Very High Frequency/Ultra High 
     Frequency (VHF/UHF) radio is a multi-mode software-defined 
     radio providing, line of sight VHF/UHF secure and non-secure 
     voice and data communications in the 30.000-941.000 MHz 
     frequency range and Satellite Communications (SATCOM) beyond 
     line of sight secure and non-secure voice and data, including 
     Demand Assigned Multiple ACCESS (DAMA) communications in the 
     240-320 MHz frequency range on manned and unmanned aviation 
     platforms. ARC-231A (RT 1987) includes improved Type-1 
     cryptographic algorithm and processing capabilities, Civil 
     Land Mobile Radio, Single Channel Ground and Airborne Radios 
     System (SINCGARS) capabilities, HAVE QUICK (HQ), Second 
     Generation Anti-Jam Tactical UHF Radio for NATO (SATURN) 
     waveform, 8.33 kHz channel spacing for Global Air-Traffic 
     Management (GATM) compliance, and capability for Mobile User 
     Objective System (MUOS) waveform through possible future 
     hardware and software updates.
       b. The AN/APX-123A Identification Friend-or-Foe (IFF) 
     digital transponder set provides pertinent platform 
     information in response to an IFF interrogator. The digital 
     transponder provides cooperative Mark XII IFF

[[Page S3888]]

     capability using full diversity selection, as well as Mode 
     Select (Mode S) capability. In addition, the transponder is 
     capable of interfacing with the aircraft's Traffic Collision 
     and Avoidance System (TCAS). The transponder receives pulsed 
     radio frequency interrogRtion signals in any of six modes (1, 
     2, 3/A, S, and 5), decodes the signals, and transmits a 
     pulse-coded reply. The Mark XII JFF operation includes 
     Selective Identification Feature (SIF) Modes 1, 2, 3/A and C, 
     as well as secure cryptographic Mode 5 operational 
     capability.
       c. Link 16 Datalink is a military tactical data link 
     network. Link 16 provides aircrews with enhanced situational 
     awareness and the ability to exchange target information to 
     Command and Control (C2) assets via Tactical Digital 
     Information Link-Joint (TADIL-J). Link 16 can provide a range 
     of combat information in near-real time to U.S. and allied 
     combat aircraft and C2 centers. The AH-64E uses the Harris 
     Small Tactical Terminal (STT) KOR-24A to provide Airborne and 
     Maritime/Fixed Station (AMF) Small Airborne Link 16 Terminal 
     (SALT) capability. The STT is the latest generation of small, 
     two-channel, Link 16 and VHF/UHF radio terminals. While in 
     flight, the STT provides simultaneous communication, voice or 
     data, on two key waveforms.
       d. The AN/APR-39 Radar Warning Receiver Signal Detecting 
     Set is a system that provides warning of a radar-directed air 
     defense threat and allows for the employment of appropriate 
     countermeasures. This is the 1553 data bus compatible 
     configuration.
       e. The AN/AVR-2B Laser Warning Set is a passive laser 
     warning system that receives, processes, and displays threat 
     information on the aircraft's multi-functional display when 
     the system detects lasers illuminating the aircraft.
       f. The AAR-57 Common Missile Warning System (CMWS) detects 
     energy emitted by threat missiles in-flight, evaluates 
     potential false Alarm emitters in the environment, declares 
     validity of threats, and selects appropriate countermeasures 
     for defeat. The CMWS consists of an Electronic Control Unit 
     (ECU), Electro-Optic Missile Sensors (EOMSs), and Sequencer 
     and Improved Countermeasures Dispenser (ICMD).
       g. The AH-64E uses two EAGLE+MMR Embedded Global 
     Positioning System (GPS)/Inertial Navigation Systems (INS) 
     (EGI) with Multi-Mode Receiver. The EA GLE+MMR is a self-
     contained, all-attitude navigation system with an embedded 
     GPS receiver controlled via MIL-STD-1553B controller, and 
     provides output navigation and OPS timing data to support 
     ADS-Bout and other platform systems. The EAGLE's EGJ unit 
     houses a 24 channel GPS receiver capable of operating in 
     either Standard Positioning Service (SPS) CIA-code (non-
     encrypted) or Precise Positioning Service (PPS) Y-code 
     (encrypted).
       h. The AN/ASQ-170 Modernized Target Acquisition and 
     Designation Sight/AN/AAQ-11 Pilot Night Vision Sensor (MTADS/
     PNVS) provides day, night, and limited adverse weather target 
     information, as well as night navigation capabilities. The 
     PNVS provides thermal imaging that permits nap-of-the-earth 
     flight to, from, and within the battle area, while MTADS 
     provides the copilot gunner with search, detection, 
     recognition, and designation capabilities by means of Direct 
     View Optics (DVO), television, and Forward Looking Infrared 
     (FLIR) sighting systems that may be used singularly or in 
     combinations.
       i. The AN/APR-48B Modernized Radar Frequency Interferometer 
     (M-RFI) is an updated version of the passive radar detection 
     and direction finding system. It utilizes a detachable User 
     Data Module (UDM) on the M-RFI processor, which contains the 
     Radar Frequency (RF) threat library.
       j. The AN/APG-78 Longbow Fire Control Radar (FCR) with 
     Radar Electronics Unit (REU) is an active, low-probability-
     of-intercept, millimeter wave radar. The active radar is 
     combined with a passive Radar Frequency Interferometer (RFI) 
     mounted on top of the helicopter mast. The FCR Ground 
     Targeting Mode detects, locates, classifies, and prioritizes 
     stationary or moving armored vehicles, tanks, and mobile air 
     defense systems, as well as hovering helicopters and 
     helicopters and fixed-wing aircraft in normal flight. If 
     desired, the radar data can be used to refer targets to the 
     regular electro-optical Modernized Target Acquisition and 
     Designation Sight (MTADS).
       k. The Manned-Unmanned Teaming X (MUMT-X) data link system 
     provides cross-platform communication and teaming between 
     Apache, unmanned aerial systems (UAS), and other 
     interoperable aircraft and ground platforms. It provides the 
     ability to display real-time UAS sensor information and MTADs 
     full motion video feeds across MUMT-equipped platforms and 
     ground stations.
       l. The M299 Missile Launcher, commonly known as the Longbow 
     Hellfire Launcher (LBHL), is a four-rail launcher designed to 
     carry the complete family of AGM-114 Hellfire Missiles.
       m. The AGM-114R Hellfire is a semi-active laser guided 
     missile with a multi-purpose warhead that can engage and 
     defeat both high and heavily armored targets, personnel, 
     bunkers, caves, and urban structures.
       n. The JAGM-179A is an Air-to-Ground Missile (AGM) 
     consisting of the Hellfire Romeo (AGM-114R) back-end (i.e., 
     propulsion, warhead, and control sections) mated to a newly 
     designed dual-mode guidance section (GS). The dual-mode GS is 
     a combination of Millimeter Wave (MMW) and Semi-Active Laser 
     (SAL) sensors co-axially aligned on a steerable gimbal. The 
     combination ofMMW and SAL sensors provide improved Precision 
     Point (PP) and Fire-and-Forget (FF) capabilities in a single 
     munition. This combination allows for targeting of fast 
     moving and stationary targets in countermeasure and intensive 
     battlefield environments, and in low cloud ceiling and 
     adverse weather. Firing modes include Lock-On Before Launch 
     (LOBL) and Lock-On After Launch (LOAL). Engagement modes 
     include Point Designation (PD)--SAL only, Target Designation 
     (PD)--SAL initiated with MMW engagement completion, Active 
     Fire & Forget/Laser Queuing (AFF-LQ)--MMW initiated with SAL 
     override capability, and Active Fire & Forget (AFF)--MMW 
     only. Hosting platforms include select rotary-wing and fixed-
     wing aircraft, wheeled or tracked vehicles, ground-based 
     pedestal launchers, and patrol boats. Targets include 
     tactical armor, boats, bunkers, buildings, caves, personnel 
     in the open, rotary-wing and slow fixed-wing aircraft, UAS, 
     and fast-moving non-tactical vehicles. The MMW is capable of 
     hitting low radar cross section targets.
       o. The Hellfire M36E9 Captive Air Training Missile (CATM) 
     is a flight-training missile that consists of a functional 
     guidance section coupled to an inert missile bus. It 
     functions like a tactical missile during captive carry on the 
     aircraft, absent launch capability, making it suitable for 
     training the aircrew in simulated Hellfire Missile target 
     acquisition and lock.
       p. The M261 2.75 Inch Rocket Launcher is a nineteen tube, 
     three zone rocket launcher utilized on heavy attack aircraft. 
     It fires the Hydra 70 2.75 inch rocket, an unguided, fin-
     stabilized air-to-ground rocket that can utilize a variety of 
     warhead and fuze combinations to achieve a range of effects.
       q. The AGR-20A Advanced Precision Kill Weapons System 
     (APWKS) is a conversion of the 2.75 inch Hydra 70 rocket 
     which adds a laser guidance kit to enable precision 
     targeting.
       2. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     SECRET.
       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 have been authorized for release and export to 
     Poland.

                          ____________________