[Congressional Record Volume 169, Number 149 (Thursday, September 14, 2023)]
[Senate]
[Pages S4518-S4519]
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. 23-64, 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Poland for defense articles 
     and services estimated to cost $4.0 billion. We will issue a 
     news release to notify the public of this proposed sale upon 
     delivery of this letter to your office.
           Sincerely,
                                                  James A. Hursch,
                                                         Director.
       Enclosures.


                         Transmittal No. 23-64

     Notice of Proposed lssuance 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 * $1.5 billion.
       Other $2.5 billion.
       Total $4.0 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 (MOE):
       Ninety-three (93) Integrated Air and Missile Defense (IAMD) 
     Battle Command System (IBCS) Engagement Operation Centers 
     (EOCs).
       One hundred seventy-five (175) IBCS Integrated Fire Control 
     Network (IFCN) Relays.
       Non-MDE: Also included are network encryptors; IBCS 
     software development and component integration; U.S. 
     Government and contractor technical support; Systeni. 
     Integration Lab (SIL) infrastructure; SIL test tools and 
     equipment; U.S. Government and contractor technical support 
     for SIL; flight test infrastructure and equipment; flight 
     test targets; flight test range costs and fees; U.S. 
     Government and Original Equipment Manufacturer (OEM) flight 
     test services and support; and other related elements of 
     logistics and program support.
       (iv) Military Department: Army (PL-B-UEN).
       (v) Prior Related Cases. if any: PL-8-UCJ. PL-B-UEK, PL-8-
     UEL, PL-B-UEM.
       (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 11, 
     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; the 
     sale includes ninety-three (93) Integrated Air and Missile 
     Defense (IAMD) Battle Command System (IBCS) Engagement 
     Operation Centers (EOCs) and one hundred seventy-five (175) 
     IBCS Integrated Fire Control Network (IFCN) relays. Also 
     included are network encryptors; IBCS software development 
     and component integration; U.S. Government and contractor 
     technical support; System Integration Lab (SIL) 
     infrastructure; SIL test tools and equipment; U.S. Government 
     and contractor technical support for SIL; flight test 
     infrastructure and equipment; flight test targets; flight 
     test range costs and fees; U.S. Government and Original 
     Equipment Manufacturer (OEM) flight test services and 
     support; and other related elements of logistics and program 
     support. The total estimated program cost is $4,0 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 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 goal of updating its 
     military 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.

[[Page S4519]]

       The principal contractor will be Northrup Grumman, 
     Huntsville, AL. 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 deprocessing and 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. 23-64
     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(6)(1) of the Arms Export Control Act

                           Annex Item No. vii

       (vii) Sensitivity of Technology:
       1. The Integrated Air and Missile Defense (IAMD) Battle 
     Command System (IBCS) is the centerpiece of the U.S. Army's 
     modernization strategy for air and missile defense 
     capability. The system's resilient, open, modular, scalable 
     architecture is foundational to deploying a truly integrated 
     network of all available assets in the battlespace, 
     regardless of source, service, or domain. IBCS enables the 
     efficient and affordable integration of current and future 
     systems, including assets deployed over IP-enabled networks, 
     counter-unmanned aerial systems (UAS), 4th and 5th-generation 
     aircraft, space-based sensors, and more. It senses, 
     identifies, tracks, and defeats evolving air and missile 
     threats, enabling revolutionary ``multi-domain, any sensor, 
     best effector'' operations.
       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 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.
       5. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Government of Poland.

                          ____________________