[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Page S5328]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5851. Mrs. SHAHEEN (for herself, Mrs. Fischer, Mr. Cornyn, Mr. 
Cramer, and Mr. Blumenthal) submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 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 end of subtitle A of title XII, add the following:

     SEC. 1214. 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.
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