[Congressional Record Volume 167, Number 192 (Tuesday, November 2, 2021)]
[Senate]
[Page S7608]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4134. Mr. KAINE submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. 1283. CLARIFICATION OF REQUIREMENTS FOR CONTRIBUTIONS BY 
                   PARTICIPANTS IN THE AMERICAN, BRITISH, 
                   CANADIAN, AND AUSTRALIAN ARMIES' PROGRAM.

       Section 1274 of the National Defense Authorization Act for 
     Fiscal Year 2013 (10 U.S.C. 2350a note) is amended--
       (1) by amending subsection (c) to read as follows:
       ``(c) Contributions by Participants.--
       ``(1) In general.--An agreement under subsection (a) shall 
     provide that--
       ``(A) the United States, as the host country for the 
     Program, shall provide office facilities and related office 
     equipment and supplies for the Program; and
       ``(B) each participating country shall contribute its 
     equitable share of the remaining costs for the Program, 
     including--
       ``(i) the agreed upon share of administrative costs related 
     to the Program, except the costs for facilities and equipment 
     and supplies described in subparagraph (A); and
       ``(ii) any amount allocated against the country for 
     monetary claims as a result of participation in the Program, 
     in accordance with the agreement.
       ``(2) Equitable contributions.--The contributions, as 
     allocated under paragraph (1) and set forth in an agreement 
     under subsection (a), shall be considered equitable for 
     purposes of this subsection and section 27(c) of the Arms 
     Export Control Act (22 U.S.C. 2767(c)).
       ``(3) Authorized contribution.--An agreement under 
     subsection (a) shall provide that each participating country 
     may provide its contribution in funds, in personal property, 
     in services required for the Program, or any combination 
     thereof.
       ``(4) Funding for united states contribution.--Any monetary 
     contribution by the United States to the Program that is 
     provided in funds shall be made from funds available to the 
     Department of Defense for operation and maintenance.
       ``(5) Contributions and reimbursements from other 
     participating countries.--
       ``(A) In general.--The Secretary of Defense may accept from 
     any other participating country a contribution or 
     reimbursement of funds, personal property, or services made 
     by the participating country in furtherance of the Program.
       ``(B) Credit to appropriations.--Any contribution or 
     reimbursement of funds received by the United States from any 
     other participating country to meet that country's share of 
     the costs of the Program shall be credited to the 
     appropriations available to the appropriate military 
     department, as determined by the Secretary of Defense.
       ``(C) Treatment of personal property.--Any contribution or 
     reimbursement of personal property received under this 
     paragraph may be--
       ``(i) retained and used by the Program in the form in which 
     it was contributed;
       ``(ii) sold or otherwise disposed of in accordance with 
     such terms, conditions, and procedures as the members of the 
     Program consider appropriate, and any resulting proceeds 
     shall be credited to appropriations of the appropriate 
     military department, as described in subparagraph (B); or
       ``(iii) converted into a form usable by the Program.
       ``(D) Use of credited funds.--
       ``(i) In general.--Amounts credited under subparagraph (B) 
     or (C)(ii) shall be--

       ``(I) merged with amounts in the appropriation concerned;
       ``(II) subject to the same conditions and limitations as 
     amounts in such appropriation; and
       ``(III) available for payment of Program expenses described 
     in clause (ii).

       ``(ii) Program expenses described.--The Program expenses 
     described in this clause include--

       ``(I) payments to contractors and other suppliers, 
     including the Department of Defense and participating 
     countries acting as suppliers, for necessary goods and 
     services of the Program;
       ``(II) payments for any damages or costs resulting from the 
     performance or cancellation of any contract or other 
     obligation in support of the Program;
       ``(III) payments or reimbursements for other Program 
     expenses; or
       ``(IV) refunds to other participating countries.''; and

       (2) by striking subsection (g).
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