[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4947 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4947

        To establish the Defense Exportability Transfer Account.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2022

 Mrs. 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 Relations

_______________________________________________________________________

                                 A BILL


 
        To establish the Defense Exportability Transfer Account.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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.
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