Sec. 1282. Modifications of authorities relating to acquisition and cross-servicing agreements
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Subsection
(a)of section 2342 of title 10, United States Code, is amended— in paragraph (2), by striking in return for and all that follows through the period at the end and inserting the following: “in return for— the reciprocal provisions of logistic support, supplies, and services by such government or organization to elements of the armed forces; or cash reimbursement for the fully burdened cost of the logistic support, supplies, and services provided by the United States. ; and by adding at the end the following new paragraphs: A reciprocal transaction for logistic support, supplies, and services shall be reconciled not later than one year after the date on which the transaction occurs, at which time the Secretary of Defense shall seek cash reimbursement for the fully burdened cost of the logistic support, supplies, and services provided by the United States that has not been offset by the value of the logistic support, supplies, and services provided by the recipient government or organization. An agreement entered into under this section shall require any accrued credits or liabilities resulting from an unequal exchange of logistic support, supplies, and services to be liquidated not less frequently than once every five years. . Subsection
(b)of such section is amended to read as follows: The Secretary of Defense may not designate a country for an agreement under this section unless— the Secretary, after consultation with the Secretary of State, determines that the designation of such country for such purpose is in the interest of the national security of the United States; and in the case of a country that is not a member of the North Atlantic Treaty Organization, the Secretary submits to the appropriate committees of Congress notice of the intended designation not less than 30 days before the date on which such country is designated by the Secretary under subsection (a). In the case of a country that is not a member of the North Atlantic Treaty Organization, the Secretary of Defense may not enter into an agreement under this section unless the Secretary submits to the appropriate committees of Congress a notice of intent to enter into such an agreement not less than 30 days before the date on which the Secretary enters into the agreement. . Such section is further amended— by redesignating subsections
(f)through
(h)as subsections
(g)through (i), respectively; and by inserting after subsection
(e)the following new subsection (f): The Under Secretary of Defense for Policy shall have primary responsibility within the Office of the Secretary of Defense for oversight of agreements entered into and activities carried out under the authority of this subchapter. The Director of the Defense Security Cooperation Agency shall have primary responsibility for— monitoring the implementation of such agreements; and accounting for logistic support, supplies, and services received or provided under such authority. . Subsection
(g)of such section, as redesignated by subsection (c)(1), is amended to read as follows: Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to ensure that— contracts entered into under this subchapter are free from self-dealing, bribery, and conflict of interests; adequate processes and controls are in place to provide for the accurate accounting of logistic support, supplies, and services received or provided under the authority of this subchapter; and personnel responsible for accounting for logistic support, supplies, and services received or provided under such authority are fully trained and aware of such responsibilities. Not later than 270 days after the issuance of the regulations under paragraph (1), the Comptroller General of the United States shall conduct a review of the implementation by the Secretary of such regulations. The review conducted under subparagraph
(A)shall— assess the effectiveness of such regulations and the implementation of such regulations to ensure the effective management and oversight of an agreement under subsection (a)(1); and include any other matter the Comptroller General considers relevant. . Subsection
(h)of such section, as redesignated by subsection (c)(1), is amended— in paragraph (1), by inserting in effect and inserting that have entered into force or were applied provisionally ; in paragraph (2)— by striking date on which the Secretary and all that follows through the period at the end and inserting “dates on which the Secretary notified Congress— pursuant to subsection (b)(1)(B) of the designation of such country under subsection (a); and pursuant to subsection (b)(2) of the intent of the Secretary to enter into the agreement. ; by amending paragraph
(3)to read as follows: With respect to each such agreement, the dollar amounts of— each class or type of logistic support, supplies, and services provided in the preceding fiscal year; and reciprocal provisions of logistic support, supplies, and services, or cash reimbursements, received in such fiscal year. ; by amending paragraph
(4)to read as follows: With respect to each such agreement, the dollar amounts of— each class or type of logistic support, supplies, and services received; and reciprocal provisions of logistic support, supplies, and services, or cash reimbursements provided. ; by striking paragraph (5); and by adding at the end the following new paragraphs: With respect to any transaction for logistic support, supplies, and services that has not been reconciled more than one year after the date on which the transaction occurred, a description of the transaction that includes the following: The date on which the transaction occurred. The country or organization to which logistic support, supplies, and services were provided. The value of the transaction. An explanation of any waiver granted under section 2347(c) during the preceding fiscal year, including an identification of the relevant contingency operation or non-combat operation. .