[Congressional Record (Bound Edition), Volume 162 (2016), Part 11]
[Senate]
[Pages 14597-14598]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. CORKER. 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,

                                 Arlington, VA, November 28, 2016.
     Hon. Bob Corker,
     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. 16-72, 
     concerning the Department of the Air Force's proposed 
     Letter(s) of Offer and Acceptance to Poland for defense 
     articles and services estimated to cost $200 million. After 
     this letter is delivered to your office, we plan to issue a 
     news release to notify the public of this proposed sale.
           Sincerely,
                                                      J. W. Rixey,
                                      Vice Admiral, USN, Director.
       Enclosures.

[[Page 14598]]




                         Transmittal No. 16-72

  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: Poland
       (ii) Total Estimated Value:
       Major Defense Equipment* $ 110 million
       Other: $ 90 million
       Total: $ 200 million
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Seventy (70) AGM-158B Joint Air-to-Surface Standoff 
     Missiles Extended Range (JASSM-ER)
       Two (2) AGM-158B Flight Test Vehicles--Live Fire with TIK & 
     FTS
       Two (2) AGM-158B Mass Simulant Vehicles
       One (1) AGM-158B Flight Test Vehicle--Captive Carry
       Three (3) AGM-158B Separation Test Vehicles
       Non-MDE includes:
       Two (2) AGM-158B Weapon System Simulators, F-16 operational 
     flight plan upgrade for the Polish F-16C/D, JASSM-ER 
     integration, missile containers, spare and repair parts, 
     support and test equipment, publications and technical 
     documentation, personnel training and training equipment, 
     U.S. Government and contractor engineering, technical and 
     logistics support services, and other related elements of 
     logistical and program support.
       (iv) Military Department: Air Force (X7-D-YAD).
       (v) Prior Related Cases, if any: PL-D-SAC, PL-D-YAB and 
     amendments.
       (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 Annex 
     Attached.
       (viii) Date Report Delivered to Congress: November 28. 
     2016.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

                     Poland--JASSM-ER with Support

       The Government of Poland has requested a possible sale of 
     seventy (70) AGM-158B Joint Air-to-Surface Standoff Missiles 
     Extended Range (JASSM-ER), two (2) AGM-158B Flight Test 
     Vehicles, two (2) AGM-158B Mass Simulant Vehicles, one (1) 
     AGM-158B Flight Test Vehicle--Captive Carry, three (3) AGM-
     158B Separation Test Vehicles. Also included are two (2) AGM-
     158B Weapon System Simulators, F-16 operational flight plan 
     upgrade for the Polish F-16C/D, JASSM-ER integration, missile 
     containers, spare and repair parts, support and test 
     equipment, publications and technical documentation, 
     personnel training and training equipment, U.S. Government 
     and contractor engineering, technical and logistics support 
     services, and other related elements of logistical and 
     program support. The total estimated program value is $200 
     million.
       The proposed sale will contribute to the foreign policy and 
     the national security objectives of the United States by 
     helping to improve the security of a NATO ally. Poland 
     continues to be an important force for political stability 
     and economic progress in Central Europe.
       The proposed sale will improve Poland's capability to meet 
     current and future threats of enemy air and ground weapons 
     systems. Poland will use the enhanced capability as a 
     deterrent to regional threats and to strengthen its homeland 
     defense. These weapon and capabilities upgrades will allow 
     Poland to strengthen its air-to-ground strike capabilities 
     and increase its contribution to future NATO operations. 
     Poland will have no difficulty absorbing these missiles into 
     its armed forces.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The prime contractor will be the Lockheed Martin 
     Corporation of Ft. Worth, Texas. 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. 16-72

  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-158B JASSM ER is an extended range low-
     observable, highly survivable subsonic cruise missile 
     designed to penetrate next generation air defense systems en-
     route to target. It is designed to kill hard, medium-
     hardened, soft and area type targets. The extended range over 
     the baseline was obtained by going from a turbo-jet to a 
     turbo-fan engine and by reconfiguring the fuel tanks for 
     added capacity. Classification of the technical data and 
     information on the AGM-158's performance, capabilities, 
     systems, sub-systems, operations, and maintenance will range 
     from UNCLASSIFIED to SECRET.
       2. 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.
       3. 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 
     proposed sale is necessary to further the US foreign policy 
     and national security objectives outlined in the Policy 
     Justification.
       4. All defense articles and services listed in this 
     transmittal are authorized for release and export to Poland.

                          ____________________