[Congressional Record Volume 169, Number 149 (Thursday, September 14, 2023)]
[Senate]
[Pages S4519-S4520]
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. 23-67. 
     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 $389 million. 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. 23-67

     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 * $0 million.
       Other $389 million.
       Total $389 million.
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase: Foreign Military 
     Sales (FMS) case PL-D-QBC was below the congressional 
     notification threshold at $82 million ($0 in MDE), and 
     included non-MDE items and services in support of F-16 
     aircraft sustainment, The Government of Poland has requested 
     the case be amended to include additional non-MDE items and 
     services as indicated below. This amendment will push the 
     current case above the total case value notification 
     threshold and thus requires notification of the entire case.
       Major Defense Equipment (MDE): None.
       Non-MDE: Included are Electronic Warfare database 
     reprogramming support; classified and unclassified software 
     delivery and support; classified and unclassified 
     publications and technical documentation; spare parts, 
     consumables, accessories, and repair and return support; 
     computer program identification numbers; engine Component 
     Improvement Program support; minor modifications; maintenance 
     and maintenance support; studies and surveys; U.S. Government 
     and contractor engineering, technical, and logistics support 
     services; and other related elements of logistics and program 
     support.
       (iv) Military Department: Air Force (PL-D-QBC).
       (v) Prior Related Cases. if any: PL-D-QAW, PL-D-QAR, PL-D-
     QAO.
       (vi) Sales Commission, Fee. etc., Paid, Offered, or Agreed 
     to be Paid: None known at this time.
       (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 13, 
     2023.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

                        Poland--F-16 Sustainment

       The Government of Poland has requested to buy additional 
     non-MDE articles and services, as indicated below, that will 
     be added to a previously implemented case whose value was 
     under the congressional notification threshold. The original 
     FMS case, valued at $82 million, included articles and 
     services in support of F-16 aircraft sustainment. This 
     notification is for the combined non-MDE F-16 sustainment 
     articles and services, which includes Electronic Warfare 
     database reprogramming support; classified and unclassified 
     software delivery and support; classified and unclassified 
     publications and technical documentation; spare parts, 
     consumables, accessories, and repair and return support; 
     computer program identification numbers; engine Component 
     Improvement Program support; minor modifications; maintenance 
     and maintenance support; studies and surveys; U.S. Government 
     and contractor engineering, technical, and logistics support 
     services; and other related elements of logistics and program 
     support. The estimated total cost is $389 million.
       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 capability to meet 
     current and future threats by increasing the reliability of 
     their F-16 fleet. Poland has purchased sustainment support 
     for the F-16s in its inventory for many years, and will have 
     no difficulty absorbing these articles and services 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, Fort 
     Worth, TX. There are no known offset agreements proposed in 
     connection with this potential sale.
       Implementation of this proposed sale will not require the 
     assignment of any additional U.S. Government or contractor 
     representatives to Poland.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 23-67

     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 Electronic Warfare Integrated Reprogramming Database 
     (EWIRDB) is used by U.S. Government engineers in the 
     reprogramming and creation of shareable Mission Data Files 
     for the exported EW systems.
       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.

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