SUPPLEMENTARY INFORMATION:

This 36(b) 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 the attached Transmittal 0F-26.

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 ( printed page 55553)

(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

91 FR 55552