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Code · BILL · 117th Congress · S. 1605 (EAH) — 117 S1605 EAH: National Defense Authorization Act for Fiscal Year 2022 · Sec. 1321

Sec. 1321. Clarification of requirements for contributions by participants in the American, British, Canadian, and Australian Armies’ Program

488 words·~2 min read·/bill/117/s/1605/eah/section-1321

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Section 1274 of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 2350a note) is amended— by amending subsection
(c)to read as follows: An agreement under subsection
(a)shall provide that— the United States, as the host country for the Program, shall provide office facilities and related office equipment and supplies for the Program; and each participating country shall contribute its equitable share of the remaining costs for the Program, including— 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 any amount allocated against the country for monetary claims as a result of participation in the Program, in accordance with the agreement. 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) ). 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. 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. 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. 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. Any contribution or reimbursement of personal property received under this paragraph may be— retained and used by the Program in the form in which it was contributed; 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 converted into a form usable by the Program. Amounts credited under subparagraph
(B)or (C)(ii) shall be— merged with amounts in the appropriation concerned; subject to the same conditions and limitations as amounts in such appropriation; and available for payment of Program expenses described in clause (ii). The Program expenses described in this clause include— 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; payments for any damages or costs resulting from the performance or cancellation of any contract or other obligation in support of the Program; payments or reimbursements for other Program expenses; or refunds to other participating countries. ; and by striking subsection (g).
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Sec. 1321
Clarification of requirements for contributions by participants in the American, British, Canadian, and Australian Armies’ Program
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