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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2020 · Sec. 1203

Sec. 1203. MODIFICATIONS OF AUTHORITIES RELATING TO ACQUISITION AND CROSS-SERVICING AGREEMENTS

1,030 words·~5 min read·/statute-compilations/comps-15772/sec-1203

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## SEC. 1203 MODIFICATIONS OF AUTHORITIES RELATING TO ACQUISITION AND CROSS-SERVICING AGREEMENTS ###
(a)Designation and Notice of Intent to Enter Into Agreement With Non-NATO Country Subsection
(b)of section 2342 of title 10, United States Code, is amended to read as follows: > > ### “(b) > > > ####
(1)> > The Secretary of Defense may not designate a country for an agreement under this section unless— > > > ##### “(A) > > 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 > > > ##### “(B) > > 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). > > > #### “(2) > > 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.” > . ###
(b)Oversight Responsibilities Such section is further amended— ####
(1)by redesignating subsections
(f)through
(h)as subsections
(g)through (i), respectively; and ####
(2)by inserting after subsection
(e)the following new subsection (f): > > ### “(f) > > Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the Secretary of Defense shall designate an existing senior civilian or military official who shall have primary responsibility for— > > > #### “(1) > > accounting for logistic support, supplies, and services received or provided under acquisition and cross-servicing agreements; > > > #### “(2) > > ensuring consistent standards and guidance to the armed forces and combatant commands in executing acquisition and cross-servicing agreements; > > > #### “(3) > > overseeing and monitoring the implementation of acquisition and cross-servicing agreements in coordination with the Under Secretary of Defense for Policy; and > > > #### “(4) > > such other responsibilities as may be prescribed by the Secretary.” > . ###
(c)Regulations Subsection
(g)of such section, as redesignated by subsection (b)(1), is amended to read as follows: > > ### “(g) > > > ####
(1)> > Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the Secretary of Defense shall prescribe regulations to ensure that— > > > ##### “(A) > > contracts entered into under this subchapter are free from self-dealing, bribery, and conflict of interests; > > > ##### “(B) > > 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 > > > ##### “(C) > > personnel responsible for accounting for logistic support, supplies, and services received or provided under such authority are fully trained and aware of such responsibilities. > > > #### “(2) > > > #####
(A)> > 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. > > > ##### “(B) > > The review conducted under subparagraph
(A)shall— > > > ###### “(i) > > 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 > > > ###### “(ii) > > include any other matter the Comptroller General considers relevant.” > . ###
(d)Reports Subsection
(h)of such section, as redesignated by subsection (b)(1), is amended— ####
(1)in paragraph (1), by striking “in effect” and inserting “that have entered into force or were applied provisionally”; ####
(2)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— > > > ##### “(A) > > pursuant to subsection (b)(1)(B) of the designation of such country under subsection (a); and > > > ##### “(B) > > pursuant to subsection (b)(2) of the intent of the Secretary to enter into the agreement.” > ; ####
(3)by amending paragraph
(3)to read as follows: > > #### “(3) > > The class of supply, total dollar amount, the amount collected, and the outstanding balance of logistic support, supplies, and services provided during the preceding fiscal year under each such agreement.” > ; ####
(4)by amending paragraph
(4)to read as follows: > > #### “(4) > > The class of supply, total dollar amount, the amount collected, and the outstanding balance of logistic support, supplies, and services received during the preceding fiscal year under each such agreement.” > ; ####
(5)by striking paragraph (5); and ####
(6)by adding at the end the following new paragraphs: > > #### “(5) > > 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: > > > ##### “(A) > > The date on which the transaction occurred. > > > ##### “(B) > > The country or organization to which logistic support, supplies, and services were provided. > > > ##### “(C) > > The value of the transaction. > > > #### “(6) > > 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.” > .
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