Pub. L. 101-510, div. A, tit. XIV, pt. E, sec. 1451
RECIPROCAL LOGISTICAL SUPPORT
SEC. 1451. RECIPROCAL LOGISTICAL SUPPORT (a) Cross-Servicing Agreements.— Subsection (a) of section 2342 of title 10, United States Code, is amended to read as follows: “(a) (1) Subject to section 2343 of this title and to the availability of appropriations, and after consultation with the Secretary of State, the Secretary of Defense may enter into an agreement described in paragraph (2) with— “(A) the government of a North Atlantic Treaty Organization country; “(B) a subsidiary body of the North Atlantic Treaty Organization; or “(C) the government of a country not a member of the North Atlantic Treaty Organization but which is designated by the Secretary of Defense, subject to the limitations prescribed in subsection (b), as a government with which the Secretary may enter into agreements under this section. “(2) An agreement referred to in paragraph (1) is an agreement under which the United States agrees to provide logistic support, supplies, and services to military forces of a country or subsidiary body referred to in paragraph (1) in return for the reciprocal provisions of logistic support, supplies, and services by such government or subsidiary body to elements of the armed forces.”. (b) Additional Authority in Connection With Mutual Defense Agreements and Occupational Arrangements.— (1) Chapter 138 of title 10, United States Code, is amended by adding at the end of subchapter II the following new section: 104 STAT. 1693 “§ 2350g. Authority to accept use of real property, services, and supplies from foreign countries in connection with mutual defense agreements and occupational arrangements “(a) Authority To Accept.— The Secretary of Defense may accept from a foreign country, for the support of any element of the armed forces in an area of that country— “(1) real property or the use of real property and services and supplies for the United States or for the use of the United States in accordance with a mutual defense agreement or occupational arrangement; and “(2) services furnished as reciprocal international courtesies or as services customarily made available without charge. “(b) Quarterly Reports.— (1) Not later than 30 days after the end of each quarter of each fiscal year, the Secretary of Defense shall submit to Congress a report on property, services, and supplies accepted by the Secretary under this section during the preceding quarter. The Secretary shall include in each such report a description of all property, services, and supplies having a value of more than $1,000,000. “(2) In computing the value of any property, services, and supplies referred to in paragraph (1), the Secretary shall aggregate the value of— “(A) similar items of property, services, and supplies accepted by the Secretary during the quarter concerned; and “(B) components which, if assembled, would comprise all or a substantial part of an item of equipment or a facility. “(c) Authority to Use Property, Services, and Supplies.— Property, services, or supplies referred to in subsection (a) may be used by the Secretary of Defense without specific authorization, except that such property, services, and supplies may not be used in connection with any program, project, or activity if the use of such property, services, or supplies would result in the violation of any prohibition or limitation otherwise applicable to that program, project, or activity. “(d) Annual Audit by GAO.— The Comptroller General of the United States shall conduct an annual audit of property, services, and supplies accepted by the Secretary of Defense under this section and shall submit a copy of the results of each such audit to Congress.”. (2) The table of sections at the beginning of chapter 138 of such title is amended by adding at the end the following new item: “2350g. Authority to accept use of real property, services, and supplies from foreign countries in connection with mutual defense agreements and occupational arrangements.”. (c) Conforming Repeal.— Section 9008 of the Department of Defense Appropriations Act, 1990 (Public Law 101–165; 103 Stat. 1130), is repealed.