[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Notices]
[Pages 68905-68910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27133]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 19-49]


Arms Sales Notification

AGENCY: Defense Security Cooperation Agency, Department of Defense.

ACTION: Arms sales notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Defense is publishing the unclassified text 
of an arms sales notification.

FOR FURTHER INFORMATION CONTACT: Karma Job at [email protected] 
or (703) 697-8976.

SUPPLEMENTARY INFORMATION: This 36(b)(1) arms sales notification is 
published to fulfill the requirements of section 155 of Public Law 104-
164 dated July 21, 1996. The following is a copy of a letter to the 
Speaker of the House of Representatives, Transmittal 19-49 with 
attached Policy Justification and Sensitivity of Technology.

    Dated: December 12, 2019.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-P

[[Page 68906]]

[GRAPHIC] [TIFF OMITTED] TN17DE19.004

BILLING CODE 5001-06-C
Transmittal No. 19-49
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 *...............................    $4.1 billion
Other...................................................     2.4 billion
                                                         ---------------
  TOTAL.................................................     6.5 billion
 

    (iii) Description and Quantity or Quantities of Articles or 
Services under Consideration for Purchase:
    Major Defense Equipment (MDE):

Thirty-two (32) F-35 Joint Strike Fighter Conventional Take Off and 
Landing (CTOL) Aircraft
Thirty-three (33) Pratt & Whitney F-135 Engines (32 installed, 1 spare)

    Non-MDE: Also included are Electronic Warfare Systems; Command, 
Control, Communications, Computer, and Intelligence/Communications, 
Navigational, and Identification (C4I/CNI); Autonomic Logistics Global 
Support System (ALGS); Autonomic

[[Page 68907]]

Logistics Information System (ALIS); Full Mission Trainer; Weapons 
Employment Capability, and other Subsystems, Features, and 
Capabilities; F-35 unique infrared flares; reprogramming center; F-35 
Performance Based Logistics; software development/integration; aircraft 
ferry and tanker support; support equipment; tools and test equipment; 
communications equipment; spares and repair parts; personnel training 
and training equipment; publications and technical documents; U.S. 
Government and contractor engineering, logistics, and personnel 
services; and other related elements of logistics and program support.
    (iv) Military Department: Air Force (PL-D-SAI)
    (v) Prior Related Cases, if any: None
    (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 10, 2019

    * As defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

Poland--F-35 Joint Strike Fighter Aircraft

    Poland has requested to buy thirty-two (32) F-35 Joint Strike 
Fighter Conventional Take Off and Landing (CTOL) Aircraft and thirty-
three (33) Pratt & Whitney F-135 Engines. Also included are Electronic 
Warfare Systems; Command, Control, Communications, Computer, and 
Intelligence/Communications, Navigational, and Identification (C4I/
CNI); Autonomic Logistics Global Support System (ALGS); Autonomic 
Logistics Information System (ALIS); Full Mission Trainer; Weapons 
Employment Capability, and other Subsystems, Features, and 
Capabilities; F-35 unique infrared flares; reprogramming center; F-35 
Performance Based Logistics; software development/integration; aircraft 
ferry and tanker support; support equipment; tools and test equipment; 
communications equipment; spares and repair parts; personnel training 
and training equipment; publications and technical documents; U.S. 
Government and contractor engineering, logistics, and personnel 
services; and other related elements of logistics and program support. 
The estimated cost is $6.5 billion.
    This proposed sale will support the foreign policy and national 
security of the United States by improving the security of a NATO ally, 
which is an important force for political stability and economic 
progress in Europe. This sale is consistent with U.S. initiatives to 
provide key allies in the region with modern systems that will enhance 
interoperability with U.S. forces and increase security.
    This proposed sale of F-35s will provide Poland with a credible 
defense capability to deter aggression in the region and ensure 
interoperability with U.S. forces. The proposed sale will augment 
Poland's operational aircraft inventory and enhance its air-to-air and 
air-to-ground self-defense capability. The Polish Air Force's legacy 
MiG-29 and Su-22 fleet will be replaced with F-35s. Poland will have no 
difficulty absorbing these aircraft into its armed forces.
    The proposed sale of this aircraft, systems and support will not 
alter the basic military balance in the region.
    The prime contractors will be Lockheed Martin Aeronautics Company 
in Fort Worth, Texas; and Pratt &Whitney Military Engines in East 
Hartford, Connecticut. There are no known offset agreements proposed in 
connection with this potential sale. However, the purchaser typically 
requests offsets. Any offset agreements will be defined in negotiations 
between the purchaser and the contractor(s).
    Implementation of this proposed sale will require multiple trips to 
Poland involving U.S. Government and contractor representatives for 
technical reviews/support, program management and training over the 
life of the program. U.S. contractor representatives will be required 
in Poland to conduct Contractor Engineering Technical Services (CETS) 
and Autonomic Logistics and Global Support (ALGS) for after aircraft 
delivery.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 19-49
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 F-35 Conventional Take-Off and Landing (CTOL) Block 4 
aircraft is classified SECRET, except as noted below. It contains 
current technology representing the F-35 low observable airframe/outer 
mold line, Pratt & Whitney engine, radar, integrated core processor 
central computer, mission systems/electronic warfare suite, a multiple 
sensor suite, operational flight and maintenance trainers, technical 
data/documentation, and associated software. As the aircraft and its 
subsystems are under development, many specific identifying equipment/
system nomenclatures have not been assigned to date. Sensitive and 
classified elements of the F-35 CTOL Block 4 aircraft include hardware, 
accessories, components, and associated software for the following 
major subsystems:
    a. The Propulsion system is classified SECRET and contains 
technology representing the latest state-of-the-art in several areas. 
Information on performance and inherent vulnerabilities is classified 
SECRET. Software (object code) is classified SECRET. The single 40,000-
lb thrust class engine is designed for low observability and has been 
integrated into the aircraft system. Pratt & Whitney, with the F-135, 
is developing and producing engine turbo machinery compatible with the 
F-35 and assures highly reliable, affordable performance. The engine is 
designed to be utilized in all F-35 variants, providing unmatched 
commonality and supportability throughout the worldwide base of F-35 
users. The CTOL propulsion configuration consists of a main engine, 
diverterless supersonic inlet, and a Low Observable Axisymmetric Nozzle 
(LOAN).
    b. The AN/APG-81 Active Electronically Scanned Array (AESA) 
provides mission systems with air-to-air and air-to-ground tracks, 
which the mission system uses as a component to sensor fusion. The AESA 
allows the radar to direct RF energy in a way that does not expose the 
F-35, allowing it to maintain low observability in high-threat 
environments. The radar subsystem supports integrated system 
performance for airto-air missions by providing search, track, 
identification, and AIM-120 missile data link functionality. The radar 
also provides synthetic aperture radar mapping for locating surface 
targets and weather mapping for weather avoidance. The radarfunctions 
are tightly integrated, interleaved, and managed by an interface to 
sensor management functions within mission software. The hardware and 
software are classified SECRET.
    c. The Electro Optical Targeting System (EOTS) contains technology 
representing the latest state-of-the-art in several areas. Information 
on performance and inherent vulnerabilities is classified SECRET. 
Software (object code) is classified SECRET. The EOTS subsystem to the

[[Page 68908]]

sensor suite provides long-range detection and tracking, Infrared 
Search and Track (IRST) capability, a Forward-Looking Infrared (FLIR) 
sensor for precision tracking, and Bomb Damage Indication (BDI) 
capability. EOTS replaces multiple separate internal or podded systems 
typically found on legacy aircraft. The functionality of the EOTS 
employs the following modes: Targeting FLIR; Laser Range-Finding and 
Target Designation; EO DAS and EOTS Performance.
    d. The Electro-Optical Distributed Aperture System (EODAS) is a 
subsystem to the sensor suite and provides full spherical coverage for 
air-to-air and air-to-ground detection and Navigation Forward Looking 
Infrared (NFLIR) imaging. The system contains both SECRET and 
UNCLASSIFIED elements and contains technology representing the latest 
state-of-the-art in several areas. Information on performance and 
inherent vulnerabilities is classified SECRET. Software (object code) 
is classified SECRET. The NFLIR capability provides infrared (IR) 
imagery directly to the pilot's Helmet-Mounted Display (HMD) for 
navigation in total darkness, including takeoff and landing, and 
provides a passive IR input to the F-35's sensor fusion algorithms. The 
all-aspect missile warning function provides time-critical warnings of 
incoming missiles and cues other subsystems to provide effective 
countermeasure employment. EODAS also provides an IRST function that 
can create and maintain Situational Awareness-quality tracks (SAIRST). 
EODAS is a midwave Infrared (IR) system consisting of six identical 
sensors distributed around the F-35 aircraft. Each sensor has a 
corresponding airframe window panel integrated with the aircraft 
structure to meet aerodynamic and stealth requirements.
    e. The Electronic Warfare (EW) system contains technology 
representing the latest state-of-the-art in several areas. Information 
on performance and inherent vulnerabilities is classified SECRET. 
Software (object code) is classified SECRET. Sensitive elements 
include: apertures; radio frequency (RF) and infrared (IR) 
countermeasures; and Electronic Countermeasures (ECM) techniques and 
features. The reprogrammable, integrated system provides radar warning 
and electronic support measures (ESM) along with a fully integrated 
countermeasures (CM) system. The EW system is the primary subsystem 
used to enhance situational awareness, targeting support and self-
defense through the search, intercept, location and identification of 
in-band emitters and to automatically counter IR and RF threats. The IR 
and RF countermeasures are classified SECRET. This system uses low 
signature-embedded apertures, located in the aircraft control surface 
edges, to provide direction finding and identification of surface and 
airborne emitters and the geo location of surface emitters. The system 
is classified SECRET.
    f. The Command, Control, Communications, Computers and 
Intelligence/ communications, Navigation, and Identification (C4I/CNI) 
system provides the pilot with unmatched connectivity to flight 
members, coalition forces, and the battlefield. It is an integrated 
subsystem designed to provide a broad spectrum of secure, antijam, 
covert voice and data communications, precision radio navigation and 
landing capability, self-identification, beyond visual range target 
identification, and connectivity with off-board sources of information. 
The functionality is tightly integrated within the mission system for 
enhanced efficiency and effectiveness in the areas of communications, 
navigation, identification, and sensor fusion. Information on 
performance and inherent vulnerabilities is classified SECRET. Software 
(object code) is classified SECRET. The CNI function includes both 
SECRET and UNCLASSIFIED elements. Sensitive elements of the CNI 
subsystems include:
    1. The VHF/UHF Voice and Data (Plain and Secure) Communication 
functionality includes air-to-air UHF/VHF voice and data, both clear 
and secure, to provide communications with other friendly and coalition 
aircraft, air-to ground UHF voice to provide communications with ground 
sites, and intercommunication voice and tone alerts to provide 
communications between the avionics system and the pilot. UHF/VHF 
downlink of air vehicle status and maintenance information is provided 
to notify the ground crews of the amounts and types of stores, fuel, 
and other supplies or equipment needed to quickly turn the aircraft for 
the next mission. The system contains both SECRET and UNCLASSIFIED 
elements and contains technology representing the latest state of-the-
art in several areas. Information on performance and inherent 
vulnerabilities is classified SECRET. Software (object code) is 
classified SECRET.
    2. The Tactical Air Navigation (TACAN) functionality provides 
operational modes to identify ground station and to provide bearing-to-
station, slant range-to ground station, bearing-to-airborne station and 
slant range to the nearest airborne station or aircraft. TACAN is not 
unique to the F-35 aircraft but is standard on most U.S. Air Force 
aircraft. Information on performance and inherent vulnerabilities is 
classified SECRET. Software (object code) is classified SECRET.
    3. The Identification Friend or Foe Interrogator and Transponder 
Identification functionality consists of integrated Mark XII 
Identification Friend or Foe (IFF) transponder capability to provide 
identification of other friendly forces. The CNI system supports sensor 
fusion by supplying data from IFF interrogations and offboard sources 
through the intra-flight data link. The system contains both SECRET and 
UNCLASSIFIED elements and contains technology representing the latest 
state-of-the-art in several areas. Information on performance and 
inherent vulnerabilities is classified SECRET. Software (object code) 
is classified SECRET.
    4. The Global Positioning System Navigation functionality includes 
the Global Positioning System (OPS) aided inertial navigation to 
provide high-quality positional navigation, and the Instrument Landing 
System (ILS)/Tactical Air Control and Navigation (TACAN) to provide 
navigation and landing cues within controlled airspace. Information on 
performance and inherent vulnerabilities is classified SECRET. Software 
(object code) is classified SECRET.
    5. The Multi-Function Advanced Data Link (MADL) is used 
specifically for communications between F-35 aircraft and has a very 
low probability of intercept, contributing to covert operations. The 
system contains both SECRET and UNCLASSIFIED elements and contains 
technology representing the latest stateof-the-art in several areas. 
Information on performance and inherent vulnerabilities is classified 
SECRET. Software (object code) is classified SECRET.
    6. The Inertial Navigation System is an all-attitude, Ring Laser 
Gyro-based navigation system providing outputs of linear and angular 
acceleration, velocity, body angular rates, position, altitude (roll, 
pitch, and platform azimuth), magnetic and true heading, altitude, and 
time tags. Information on performance and inherent vulnerabilities is 
classified SECRET. Software (object code) is classified SECRET.
    7. The Radar Altimeter functionality is a module provided in the 
CNI system rack 3A and uses separate transmit and receive antennae. It 
measures and reports altitude, and altitude rate of change. Control 
data is transferred over

[[Page 68909]]

to a configurable avionics interface card, which translates the 
information to the F-35 aircraft computers. Information on performance 
and inherent vulnerabilities is classified SECRET. Software (object 
code) is classified SECRET.
    8. The Instrument Landing System (ILS) measures, and reports 
azimuth course and alignment, elevation course alignment, and distance 
to the runway. Data from the ILS is used to drive visual flight 
instrumentation. Information on performance and inherent 
vulnerabilities is classified SECRET. Software (object code) is 
classified SECRET.
    9. The Tactical Data Link is a secure broadcast Tactical Digital 
Information Link (TADIL) used for real-time voice/data exchange for 
command and control, relative navigation, and Precise Position Location 
Identification (PPLI), providing Link-16 type capabilities. The system 
contains both SECRET and UNCLASSIFIED elements and contains technology 
representing the latest state of-the-art in several areas. Information 
on performance and inherent vulnerabilities is classified SECRET. 
Software (object code) is classified SECRET.
    g. The F-35 Autonomic Logistics Global Sustainment (ALGS) includes 
both SECRET and UNCLASSIFIED elements. It provides a fully integrated 
logistics management solution. ALGS integrates a number of functional 
areas, including supply chain management, repair, support equipment, 
engine support, and training. The ALGS infrastructure employs a state-
of-the-art information system that provides real-time, decision-worthy 
information for sustainment decisions by flight line personnel. 
Prognostic health monitoring technology is integrated with the air 
system and is crucial to the predictive maintenance of vital 
components.
    h. The F-35 Autonomic Logistics Information System (ALIS) includes 
both SECRET and UNCLASSIFIED elements. The ALIS provides an intelligent 
information infrastructure that binds all of the key concepts of ALGS 
into an effective support system. ALIS establishes the appropriate 
interfaces among the F-35 Air Vehicle, the warfighter, the training 
system, government information technology (IT) systems, JSF operations, 
and supporting commercial enterprise systems. Additionally, ALIS 
provides a comprehensive tool for data collection and analysis, 
decision support, and action tracking.
    i. The F-35 Training System includes both SECRET and UNCLASSIFIED 
elements. The Training System includes several types of training 
devices, to provide for integrated training of both pilots and 
maintainers. The pilot training device includes a Full Mission 
Simulator (FMS). The maintainer training devices include an Aircraft 
Systems Maintenance Trainer (ASMT), Ejection System Maintenance Trainer 
(ESMT), and Weapons Loading Trainer (WLT). The F-35 Training System can 
be integrated, where both pilots and maintainers learn in the same 
Integrated Training Center (ITC). Alternatively, the pilots and 
maintainers can train in separate facilities (Pilot Training Center and 
Maintenance Training Center).
    j. Weapons employment capability is SECRET and contains technology 
representing the latest state-of-the-art in several areas. Information 
on performance and inherent vulnerabilities is SECRET. Software (object 
code) is classified SECRET. Sensitive elements include co-operative 
targeting.
    k. Other Subsystems, Features, and Capabilities:
    1. The Low Observable Air Frame is SECRET and contains technology 
representing the latest state-of-the-art in several areas. Information 
on performance and inherent vulnerabilities is classified SECRET. 
Software (object code) is SECRET. Sensitive elements include: the Radar 
Cross Section and its corresponding plots, construction materials and 
fabrication.
    2. The Integrated Core Processor (ICP) Central Computer is SECRET 
and contains technology representing the latest state-of-the-art in 
several areas. Information on performance and inherent vulnerabilities 
is SECRET. Software (object code) is classified SECRET. Sensitive 
elements include: F-35 Integrated Core Processor utilizing Commercial 
Off-the-Shelf (COTS) Hardware and Module Design to maximize growth and 
allow for efficient management of DMS and Technology Insertion, if 
additional processing is needed, a second ICP will be installed in the 
space reserved for that purpose, more than doubling the current 
throughput and memory capacity.
    3. The F-35 Helmet Mounted Display System (HMDS) is SECRET and 
contains technology representing the latest state-of-the-art in several 
areas. Information on performance and inherent vulnerabilities is 
SECRET. Software (object code) is SECRET. Sensitive elements include: 
HMDS consists of the Display Management Computer-Helmet, a helmet 
shell/display module, a quick disconnect integrated as part of the 
ejection seat, helmet trackers and tracker processing, day- and night-
vision camera functions, and dedicated system/graphics processing. The 
HMDS provides a fully sunlight readable, bi ocular display presentation 
of aircraft information projected onto the pilot's helmet visor. The 
use of a night vision camera integrated into the helmet eliminates the 
need for separate Night Vision Goggles (NVG). The camera video is 
integrated with EO and IR imaging inputs and displayed on the pilot's 
visor to provide a comprehensive night operational capability.
    4. The Pilot Life Support System is SECRET and contains technology 
representing the latest state-of-the-art in several areas. Information 
on performance and inherent vulnerabilities is SECRET. Software (object 
code) is SECRET. Sensitive elements include: a measure of Pilot 
Chemical, Biological, and Radiological Protection through use of an On-
Board Oxygen Generating System (OBOGS); and an escape system that 
provide additional protection to the pilot. OBOGS takes the Power and 
Thermal Management System (PTMS) air and enriches it by removing gases 
(mainly nitrogen) by adsorption, thereby increasing the concentration 
of oxygen in the product gas and supplying breathable air to the pilot.
    5. The Off-Board Mission Support System is SECRET and contains 
technology representing the latest state-of-the-art in several areas. 
Information on performance and inherent vulnerabilities is SECRET. 
Software (object code) is SECRET. Sensitive elements include: mission 
planning, mission briefing, maintenance/intelligence/ tactical 
debriefing, sensor/algorithm planning, EW system reprogramming, data 
debrief, etc.
    l. Publications: Manuals are considered SECRET as they contain 
information on aircraft/system performance and inherent 
vulnerabilities.
    2. The JSF Reprogramming Center is classified SECRET and contains 
technology representing the latest state-of-the-art in several areas. 
This hardware/software facility is located in the United States and 
provides F-35 customers a means to update JSF electronic warfare 
databases. Sensitive elements include: EW software databases and tools 
to modify these databases.
    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.

[[Page 68910]]

    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 are 
authorized for release and export to the Government of Poland.

[FR Doc. 2019-27133 Filed 12-16-19; 8:45 am]
BILLING CODE 5001-06-P