117 S4947 IS: Defense Export Promotion Of Relevant Technology and Supplies Act U.S. Senate 2022-09-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 4947IN THE SENATE OF THE UNITED STATESSeptember 22, 2022Mrs. Shaheen (for herself, Mrs. Fischer, Mr. Blumenthal, Mr. Cornyn, and Mr. Cramer) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsA BILLTo establish the Defense Exportability Transfer Account.

1.

Short title

This Act may be cited as the Defense Export Promotion Of Relevant Technology and Supplies Act or the Defense EXPORTS Act.

2.

Defense Exportability Transfer Account (DETA)

(a)

Establishment

There is established in the Department of Defense an account to be known as the Defense Exportability Transfer Account (in this section referred to as the Account).(b)

Amounts in Account

The Account shall consist of—(1)amounts appropriated to the Account;(2)amounts transferred to the Account under subsection (d); and(3)amounts credited to the Account under subsection (e).(c)

Use of funds

(1)

In general

Funds in the Account shall be available to develop program protection strategies for Department of Defense systems identified for possible future export, to design and incorporate exportability features into such systems during the research and development phases of such systems, and to integrate design features that enhance interoperability of such systems with those of friendly foreign countries.(2)

Amounts in addition

Amounts in the Account are in addition to any other funds available to the Department of Defense for the purposes specified in paragraph (1).(d)

Transfers

(1)

Transfers from Account

The Secretary of Defense may transfer funds from the Account to appropriations of the Department of Defense available for research, development, test, and evaluation in such amounts as the Secretary determines necessary to carry out the purposes of this section. Funds so transferred shall be available for the same time period and the same purposes as the appropriation to which transferred.(2)

Transfers to Account

The Secretary may transfer funds from appropriations of the Department of Defense available for research, development, test, and evaluation to the Account in such amounts as the Secretary determines necessary to carry out the purposes of this section. Funds so transferred shall be available for the same time period and the same purposes as the appropriation to which transferred.(3)

Notice and wait

Funds may not be transferred under paragraph (1) or (2) until the expiration of 15 days after the date on which the Secretary notifies the congressional defense committees in writing of the amount and purpose of the proposed transfer.(4)

Other authorities

The authority to transfer funds under this subsection is in addition to any other transfer authority available to the Department of Defense.(e)

Costs

Costs incurred by the Department of Defense for designing and incorporating exportability features into Department of Defense systems shall be treated as nonrecurring costs under section 21(e)(1) of the Arms Export Control Act (22 U.S.C. 2761(e)(1)). Amounts collected as recoupments by the Department of Defense on foreign military sales, direct commercial sales, and sales of items developed under international cooperative projects that incorporate such exportability features shall be credited to the Account and shall remain available until expended to carry out the purposes of the Account.(f)

Annual report

No later than January 1, 2025, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report detailing the utilization of this fund, including—(1)the balance of the Fund, including inlays and outlays;(2)a list of systems receiving funds under this section;(3)the projected and actual cost and schedule savings for each system receiving funds under this section; and(4)any other matters the Secretary determines appropriate.(g)

Government Accountability Office review

Not later than five years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an assessment of the efficacy of this section, including—(1)an emphasis on cost and schedule savings realized by the Federal Government pertaining to the delivery of articles that receive funding under this section; and(2)any other matters the Comptroller General deems appropriate. (h)

Appropriations

There is hereby appropriated to the Account $50,000,000, to remain available until expended: Provided, That such amount is designated by Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.