Arms Sales Notification

Floor Speech

Date: May 1, 2024
Location: Washington, DC

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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.

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.

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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