Arms Sales Notification

Floor Speech

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Mr. RISCH. 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.

Department of State, Washington, DC. CONGRESSIONAL NOTIFICATION TRANSMITTAL LETTER

Please find enclosed the following notification from the Department of State.

Department Notification Number: RSAT 0F-26

Pursuant to the reporting requirements of Section 36(b)(5)(C) of the Arms Export Control Act (AECA), as amended, we are forwarding Transmittal No. 0F-26. This notification relates to enhancements or upgrades from the level of sensitivity of technology or capability described in the Section 36(b)(1) AECA certification 24-33 of March 12, 2024.

Recipients:

Speaker of the House of Representatives

House Committee on Foreign Affairs

Senate Committee on Foreign Relations Sincerely, Kaitlyn Wolfe, Senior Bureau Official, Bureau of Legislative Affairs. Transmittal No. RSAT 0F-26 REPORT OF ENHANCEMENT OR UPGRADE OF SENSITIVITY OF TECHNOLOGY OR CAPABILITY (SEC. 36(B)(5)(A), AECA)

(i) Prospective Purchaser: Government of Poland.

(ii) Sec. 36(b)(1), AECA Transmittal No.: 24-33, Date: March 12, 2024, Implementing Agency: Air Force

Funding Source: National Funds

(iii) Description: On March 12, 2024, Congress was notified by congressional certification transmittal number 24-33 of the possible sale, under Section 36(b)(1) of the Arms Export Control Act, of up to eight hundred twenty-one (821) AGM- 158B-2 Joint Air-to-Surface Standoff Missiles (JASSM) with Extended Range All-Up-Rounds. The following non-major defense equipment (MDE) items were also included: AGM-158 JASSM classified test equipment; weapon system support; integration and test support 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 total estimated value was $1.77 billion. MDE constituted $1.67 billion of this total.

This transmittal notifies the inclusion of the following MDE items: up to five (5) AGM-158 inert JASSMs with test instrumentation kits (1 installed, 4 spares). The following non-MDE items will also be included: other related elements of program and logistics support. The estimated total value of the new items is $21 million but will not require an increase in the estimated total case value. The estimated total value of the new MDE items is $18 million and does not result in a net increase in total cost of MDE. The estimated total cost of the new non-MDE items is $3 million and does not result in a net increase in total cost of non-MDE. The estimated total case value of $1.77 billion will remain unchanged. MDE remains $1.67 billion of this total.

(iv) Significance: This notification accounts for requested additional MDE and non-MDE items not included in the original notification. The inclusion of this MDE represents an increase in capability over what was previously notified. The proposed articles and services will support Poland's AGM-158 flight test program required for the Poland F-16 Viper configuration upgrade.

(v) Justification: This proposed sale will support the foreign policy and national security of the United States by improving the security of a NATO Ally that is a force for political and economic stability in Europe.

(vi) Sensitivity of Technology: The flight certification vehicle will be used during flight testing to verify compatibility of the AGM-158 munitions with the F-16 aircraft software under Poland's F-16 Viper upgrade program. The Global Positioning System/Precise Positioning Service is to be provided by either Selective Availability Anti-Spoofing Module or M-Code.

The highest level of classification of defense articles, components, and services included in this potential sale is SECRET.

(vii) Date Report Delivered to Congress: July 22, 2026.

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