[Congressional Record Volume 170, Number 75 (Wednesday, May 1, 2024)]
[Senate]
[Page S3125]
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 still 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. 24-37, 
     concerning the Navy's proposed Letter(s) of Offer and 
     Acceptance to the Government of Poland for defense articles 
     and services estimated to cost $1.275 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. 24-37

     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 * $.775 billion.
       Other $.500 billion.
       Total $1.275 billion.
       Funding Source: Foreign Military Financing and National 
     Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Three hundred sixty (360) AGM-88G Advanced Anti-Radiation 
     Guided Missiles--Extended Range (AARGM-ER) All Up Rounds 
     (AUR).
       Eight (8) AGM-88G AARGM-ER Guidance Sections (spares).
       Eight (8) AGM-88G AARGM-ER Control Sections (spares).
       Non-MDE: Also included are Dummy Air Training Missiles 
     (DATM); missile containers, software; training; support 
     equipment; spare and repair parts; embedded Global 
     Positioning System receiver, M-Code; publications and 
     technical documentation; transportation, U.S. Government and 
     contractor engineering; technical and logistical support 
     services; and other related elements of logistics and program 
     support.
       (iv) Military Department: Navy (PL-P-ABE).
       (v) Prior Related Cases, if any: None.
       (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed 
     to be Paid: None known.
       (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: April 24, 2024.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

    Poland--Advanced Anti-Radiation Guided Missiles--Extended Range

       The Government of Poland has requested to buy three hundred 
     sixty (360) Advanced Anti-Radiation Guided Missile-Extended 
     Range (AARGM-ER) All Up Rounds (AUR); eight (8) AGM-88G 
     AARGM-ER Guidance Sections (spares); and eight (8) AGM-88G 
     AARGM-ER Control Sections (spares). Also included are Dummy 
     Air Training Missiles (DATM); missile containers, software; 
     training; support equipment; spare and repair parts; embedded 
     Global Positioning System receiver, M-Code; publications and 
     technical documentation; transportation, U.S. Government and 
     contractor engineering; technical and logistical support 
     services; and other related elements of logistics and program 
     support. The estimated total cost is $1.275 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 strengthening its self-defense 
     capabilities to suppress and destroy land- or sea-based radar 
     emitters associated with enemy air defenses. This capability 
     denies the adversary the use of its air defense systems, 
     thereby improving the survivability of Poland's tactical 
     aircraft. 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 contractor will be Northrop Grumman Systems 
     located in Falls Church, VA. There are no known offset 
     agreements proposed in connection with this potential sale.
       Implementation of this proposed sale will require multiple 
     trips by 10 (ten) U.S. Government representatives and the 
     assignment of 4 (four) contractor representatives to Poland 
     on an intermittent basis over the life of the case to support 
     delivery and integration of items and to provide supply 
     support management, inventory control and equipment 
     familiarization.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 24-37

     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-88G Advanced Anti-Radiation Guided Missile-
     Extended Range (AARGM-ER) is a medium-range air-to-ground 
     missile employed for Suppression and/or Destruction of Enemy 
     Air Defenses (SEAD/DEAD). The AARGM-ER system is an upgrade 
     to the AGM-88E Advanced Anti-Radiation Guided Missile, which 
     is an upgrade and modification to the AGM-88B High-Speed 
     Anti-Radiation Missile (HARM) system. AARGM baseline 
     capabilities include an expanded target set, counter-shutdown 
     capability, advanced signals processing for improved 
     detection and locating, geographic specificity providing 
     aircrew the opportunity to define missile-impact zones and 
     impact-avoidance zones, and a weapon impact-assessment 
     broadcast capability providing for battle damage assessment 
     cueing. The AARGM-ER incorporates hardware and software 
     modifications to improve upon AGM-88E AARGM capabilities to 
     extend the range, increase survivability, and enhance 
     effectiveness against future threats.
       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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