[Pages S255-S256]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

ARMS SALES NOTIFICATION

Mr. MENENDEZ. 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,

Washington, DC.
Hon. Robert Menendez,
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. 23-10,
concerning the Army's proposed Letter(s) of Offer and
Acceptance to the Government of Poland for defense articles
and services estimated to cost $10 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. 23-10

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: Republic of Poland.
(ii) Total Estimated Value:
Major Defense Equipment* $8 billion.
Other $2 billion.
Total $10 billion.
Funding Source: National Funds.
(iii) Description and Quantity or Quantities of Articles or
Services under Consideration for Purchase:
Major Defense Equipment (MDE):
Eighteen (18) M142 High Mobility Artillery Rocket System
(HIMARS) Launchers.
Four hundred sixty-eight (468) HIMARS Launcher Loader
Module Kits.
Forty-five (45) M57 Army Tactical Missile Systems (ATACMS).
Four hundred sixty-one (461) M30A2 Guided Multiple Launch
Rocket System Alternative Warhead (GMLRS-AW) Pods with
Insensitive Munitions Propulsion System (IMPS).
Five hundred twenty-one (521) M31A2 Guided Multiple Launch
Rocket System Unitary (GMLRS-U) Pods with Insensitive
Munitions Propulsion System (IMPS).
Five hundred thirty-two (532) XM403 Guided Multiple Launch
Rocket System Extended Range Alternative Warhead (GMLRS-ER
AW) Pods.
Non-MDE: Also included are Low Cost Reduced Range Practice
Rockets; support equipment; communications equipment; spare
and repair parts; test sets; batteries; laptop computers;
publications and technical data; facility design; personnel
training and equipment; systems integration support; Quality
Assurance Teams and a Technical Assistance Fielding Team;
United States Government and contractor engineering and
logistics personnel services; training; sensors; and other
related elements of logistics and program support.
(iv) Military Department: Army (PL-B-UEA, PL-B-UEB, PL-B-
UEF, PL-B-UEG).
(v) Prior Related Cases, if any: PL-B-UDJ.
(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: February 7, 2023.
*As defined in Section 47(6) of the Arms Export Control
Act.

POLICY JUSTIFICATION

Poland--High Mobility Artillery Rocket System (HIMARS)

The Republic of Poland has requested to buy eighteen (18)
M142 High Mobility Artillery Rocket System (HIMARS)
launchers; four hundred sixty-eight (468) HIMARS Launcher
Loader Module kits; forty-five (45) M57 Army Tactical Missile
Systems (ATACMS); four hundred sixty-one (461) M30A2 Guided
Multiple Launch Rocket System Alternative Warhead (GMLRS-AW)
pods with Insensitive Munitions Propulsion System (IMPS);
five hundred twenty-one (521) M31A2 Guided Multiple Launch
Rocket System Unitary (GMLRS-U) pods with Insensitive
Munitions Propulsion System (IMPS); and five hundred thirty-
two (532) XM403 Guided Multiple Launch Rocket System Extended
Range Alternative Warhead (GMLRS-ER AW) pods. Also included
are Low Cost Reduced Range Practice Rockets; support
equipment; communications equipment; spare and repair parts;
test sets; batteries; laptop computers; publications and
technical data; facility design; personnel training and
equipment; systems integration support; Quality Assurance
Teams and a Technical Assistance Fielding Team; United States
Government and contractor engineering and logistics personnel
services; training; sensors; and other related elements of
logistics and program support. The total estimated cost is
$10 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 military goals of
updating capability while further enhancing interoperability
with the United States and other allies. Poland intends to
use these defense articles and services to modernize its
armed forces and expand its capability to strengthen its
homeland defense and deter regional threats. 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 Lockheed Martin, Grand
Prairie, TX. There are no known offset agreements proposed in
connection with this potential sale. Any future offset
agreement would be defined in negotiations between the
purchaser and the contractor(s).
Implementation of this proposed sale will require U.S.
Government or contractor representatives to travel to Poland
for program management reviews to support the program. Travel
is expected to occur approximately twice per year as needed
to support equipment fielding and training.
There will be no adverse impact on U.S. defense readiness
as a result of this proposed sale.

Transmittal No. 23-10

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 M142 High Mobility Artillery Rocket System (HIMARS)
is a C-130 transportable wheeled launcher mounted on a 5-ton
Family of Medium Tactical Vehicles truck chassis. HIMARS is
the modern Army-fielded version of the Multiple Launch Rocket
System (MLRS) M270 launcher and can fire all of the MLRS
Family of Munitions (FOM) including Guided Multiple Launch
Rocket System (GMLRS) variants and the Army Tactical Missile
System (ATACMS). Utilizing the MLRS FOM, the HIMARS can
engage targets between 15 and 300 kilometers with GPS-aided
precision accuracy.
2. The HIMARS Launcher Loader Module (LM) is mounted to the
vehicle chassis and provides the necessary structure and
mechanisms for the loading, launching, and unloading of all
the MFOM rocket and missile munitions. The LM consists of a
platform, a turret, and a base assembly. The base assembly
interfaces with the carrier vehicle. The turret system sits
on top of the base and allows for the aiming of the LM
assembly in azimuth. The platform, on which one rocket pod is
mounted, allows for the aiming of the LM in elevation.

[[Page S256]]

3. The M57 Army Tactical Missile System (ATACMS)--Unitary
is a conventional, semi-ballistic missile that utilizes a
500-pound high explosive warhead. It has an effective range
of between 70 and 300 kilometers, and has increased lethality
and accuracy over previous versions of the ATACMS due to a
GPS/Precise Position System (PPS) aided navigation system.
4. The M31A2 GMLRS Unitary is the Army's primary munition
for units fielding the M142 HIMARS and M270Al Multiple
Launcher Rocket System (MLRS) Launchers. The M31 Unitary is a
solid propellant artillery rocket that uses Global
Positioning System/Precise Positioning Service (GPS/PPS)-
aided inertial guidance to accurately and quickly deliver a
single high-explosive blast fragmentation warhead to targets
at ranges from 15-70 kilometers. The rockets are fired from a
launch pod container that also serves as the storage and
transportation container for the rockets. Each rocket pod
holds six (6) total rockets.
5. The M30A2 GMLRS Alternative Warhead shares a greater
than 90% commonality with the M31A1 Unitary. The primary
difference between the GMLRS-U and GMLRS--AW is the
replacement of the Unitary's high explosive warhead with a
200 pound fragmentation warhead of pre-formed tungsten
penetrators which is optimized for effectiveness against
large area and imprecisely located targets. The munitions
otherwise share a common motor, GPS/PPS-aided inertial
guidance and control system, fuzing mechanism, multi-option
height of burst capability, and effective range of 15-70km.
6. The Extended Range (ER) GMLRS provides a persistent,
responsive, all-weather, rapidly deployed, long range,
surface-to surface, area- and point-precision strike
capability. The XM403 Alternative Warhead (AW) carries a 200-
pound fragmentation assembly filled with high explosives
which, upon detonation, accelerates two layers of preformed
penetrators optimized for effectiveness against large area
and imprecisely located targets. The ER GMLRS maintains the
accuracy and effectiveness demonstrated by the baseline GMLRS
out to an increased range of 150 km and includes a modernized
Height of Burst (HOB) capability.
7. The highest level of classification of defense articles,
components, and services included in this potential sale is
SECRET.
8. 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.
9. A determination has been made that Poland will 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.
10. All defense articles and services listed in this
transmittal have been authorized for release and export to
the Republic of Poland.

____________________