Arms Sales Notification

Floor Speech

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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.

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.

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.

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