Sec. 1399F. Foreign Advance Acquisition Account
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The Secretary of Defense may establish, within the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act ( 22 U.S.C. 2795 et seq. ), an account, to be known as the Foreign Advance Acquisition Account (in this section referred to as the Account ), that shall be maintained separately from other accounts and used to accelerate the production of United States-produced end items in reasonable anticipation of the sale of such end items through the foreign military sales or direct commercial sales processes.
Amounts in the Account shall be made available to the Secretary of Defense for the following purposes: To finance the acquisition, using the procedures of the Special Defense Acquisition Fund, of defense articles and services in advance of the transfer of such articles and services to covered countries through the foreign military sales process. To provide a mechanism for covered countries to contribute funds, including before the completion of a letter of offer under the procedures of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), for the acquisition of such defense articles and services.
To pay for storage, maintenance, and other costs related to the storage, preservation, and preparation for transfer of defense articles and services acquired using amounts in the Account prior to their transfer, and to pay for the administrative costs of the Department of Defense incurred in the acquisition of such items to the extent not reimbursed pursuant to section 43(b) of the Arms Export Control Act ( 22 U.S.C. 2792(b) ). The Secretary of Defense may accept contributions of amounts to the Account from any foreign person, entity, or government of a covered country.
Defense articles and services acquired by the Secretary of Defense using amounts in the Account may not be transferred to any foreign country unless such transfer is authorized by the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), or other applicable law. Amounts in the Account may not be expended, in whole or in part, by or for the benefit of the Department of Defense for a purpose for which Congress has previously denied funds.
Amounts in the Account may not be used to acquire items or services for the sole benefit of the United States. Not later than 60 days after the date on which each fiscal year ends, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of the Account that includes, for such fiscal year— an identification of each covered country that contributed to the Account; the amount deposited into the Account by each such covered country; and for each such covered country, the designated defense articles or services acquired or to be acquired.
Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of the Account that includes, for each transaction— a description of the transaction; the amount of the transaction; the covered country concerned; an identification of any storage, maintenance, or other costs associated with the transaction; and the anticipated date of delivery of the applicable defense articles or services.
The authority under subsection
(b)to use funds in the Account shall terminate on January 1, 2028. Nothing in this section shall be construed to limit or impair the responsibilities conferred on the Secretary of State or the Secretary of Defense under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) or the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ). In this section: The term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. The term covered country means— a country, other than the United States, that is a participant in the security partnership among Australia, the United Kingdom, and the United States (commonly known as the AUKUS partnership); a member country of the North Atlantic Treaty Organization; and any other country, as designated by the Secretary of Defense.
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