[Congressional Record Volume 170, Number 48 (Tuesday, March 19, 2024)]
[Senate]
[Page S2435]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. CARDIN. 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 that have been received. 
If the cover letter references a classified annex, then such an 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. Benjamin L. Cardin,
     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. 24-33, 
     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 $1.77 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. 24-33

     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* $1.67 billion.
       Other $.10 billion.
       Total $1.77 billion.
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Up to eight hundred twenty-one (821) AGM-158B-2 Joint Air-
     to-Surface Standoff Missiles with Extended Range (JASSM-ER) 
     All-Up-Rounds.
       Non-MDE: Also included are AGM-158 JASSM classified test 
     equipment; weapon system support; integration and test 
     support and equipment; classified software delivery and 
     support; unclassified publications and technical 
     documentation; transportation; 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-YAG).
       (v) Prior Related Cases, if any: PL-D-YAB, PL-D-YAD.
       (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: March 12, 2024.
       *As defined in Section 47(6) of the Arms Export 
     Control Act.


                          POLICY JUSTIFICATION

Poland--AGM-158B-2 Joint Air-to-Surface Standoff Missile with Extended 
                          Range All-Up-Rounds

       The Government of Poland has requested to buy up to eight 
     hundred twenty-one (821) AGM-158B-2 Joint Air-to-Surface 
     Standoff Missiles with Extended Range (JASSM-ER) All-Up-
     Rounds. Also included are AGM-158 JASSM classified test 
     equipment; weapon system support; integration and test 
     support and equipment; classified software delivery and 
     support; unclassified publications and technical 
     documentation; transportation; 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 $1.77 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 capability to meet 
     current and future threats by providing advanced, long-range 
     strike systems for employment from Polish Air Force air 
     platforms. This sale will further advance the already high 
     level of Polish Air Force interoperability with U.S. joint 
     forces and other regional and NATO forces. Poland already has 
     JASSM-ERs in its inventory 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, Orlando, 
     FL. 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 the Government of Poland.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 24-33

     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 AGM-l58B-2 Joint Air-to-Surface Standoff Missile 
     with Extended Range (JASSM-ER) All-Up-Rounds is a low-
     observable, highly-survivable, subsonic cruise missile 
     designed to penetrate next-generation air defense systems 
     enroute to target. The JASSM-ER is designed to kill hard, 
     medium-hardened, soft, and area-type targets. The extended 
     range was obtained by going from a turbo jet to a turbo-fan 
     engine and by reconfiguring the fuel tanks for added 
     capacity. This potential sale will include inert missiles 
     with test instrumentation kits.
       2. The AGM-158B-2 system capabilities include all the 
     capabilities of the AGM-158B. The AGM-158B-2 configuration 
     will have different internal components to address multiple 
     obsolescence issues as well as subcomponent updates to 
     position for M-Code and other potential upgrades.
       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 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 
     Poland.

                          ____________________