Sec. 352 — Disposition of accountable property in designated theaters of operation

Statutory text

(a) Oversight of disposition. Chapter 153 of title 10, United States Code, is amended by inserting after section 2581 the following new section:2582.Disposition of accountable property in designated theaters of operation

(a) Reporting requirement. Not later than 60 days after initiating any significant force reposturing or withdrawal within or from a covered theater of operations, the Secretary of Defense shall submit to the congressional defense committees a report that includes, with respect to accountable property used in connection with the operations associated with such reposturing or withdrawal, the following elements:

(1) A comprehensive inventory of such property (including, to the extent practicable, the serial number and end-item identity of any such property that is a controlled inventory item), including an identification of—(A)whether such property remains under the custody and control of the United States;(B)to the extent known and consistent with available records, whether such property was previously sold or otherwise transferred to an ally or partner of the United States;(C)whether the Secretary has proposed a disposition for such property and if so, which disposition; and(D)to the extent known or assessed, the status of such property, including, if known, the disposition of such property and the end user of such property.

(2) For each category of major defense equipment, an assessment of the feasibility, timeline, operational effect, and security, accountability, and end-user monitoring considerations, associated with potential dispositions for accountable property within each such category.

(3) For any covered disposition assessed under paragraph (2), a description of any operational or logistical constraint rendering other dispositions unfeasible or impracticable.

(4) For each potential disposition for accountable property assessed as feasible pursuant to paragraph (2), an estimate of the incremental costs of such option relative to baseline costs of withdrawal and redeployment activities, including an identification of—(A)costs associated with the shipping and handling of such property; and(B)costs associated with the sustainment and storage for such property.

(5) A plan to mitigate the risk of diversion or misuse resulting from dispositions of accountable property that includes the following:(A)An identification of relevant end-use monitoring requirements of the Department of Defense, including the office of the Department responsible for implementing such requirements, the frequency of monitoring under such requirements, and any procedures for addressing noncompliance with such requirements, including in the event of the loss of the property.(B)An identification of any feasible remote disablement capability that may be used with respect to such property, and, for any such capability the use of which is not feasible, an explanation of any technical, operational, or legal constraints to such use.(C)Procedures for the implementation of the plan with respect to accountable property that is sensitive technology (including communications security items, cryptographic material, biometrics collection devices, and associated databases) prior to determining a disposition for such technology.(D)A plan to secure, retrieve, disable, or otherwise neutralize accountable property in the event of the ally or partner of the United States to which such property was sold or transferred experiencing a collapse or regime change.(E)A chain-of-custody plan for the transport, storage, and transfer of accountable property, including an identification of responsible units, storage site controls, and inspection checkpoints.

(6) For any accountable property previously sold or otherwise transferred to an ally or partner of the United States, or proposed to be so sold or transferred, an assessment of the following:(A)The capacity of the end user, or prospective end user, to sustain such property absent support by the United States Armed Forces or contractors of the Department of Defense.(B)To the extent practicable, whether the end user, or prospective end user—(i)has been subject to any security vetting or monitoring by the Secretary, including an identification of any period of continuous monitoring;(ii)maintains effective command-and-control structures; or(iii)is subject to infiltration, coercion, or substantial influence by any foreign terrorist organization or other hostile actor.(C)The effect, or anticipated effect, of the sale or transfer on morale and retention with respect to the United States Armed Forces.(D)Whether there is a history of accountable property previously sold or transferred to the ally or partner being diverted to an unauthorized end user, including, as applicable, an identification of any such prior diversion, the assessed end user, and the quantity and type of any major defense equipment so diverted.(E)The risk of the ally or partner experiencing rapid collapse.

(7) An assessment of the significant force reposturing or withdrawal with respect to applicable lessons learned from the operations of United States Armed Forces in Iraq in 2014, and the withdrawal of such forces from Afghanistan in 2021, including an assessment of—(A)specific decision points with respect to such operations in which diversion risk was underestimated; and(B)any mitigation measures that would have reduced such risk.

(b) Notification of certain sales and transfers. Not later than 30 days after the date of a sale or transfer of accountable property in connection with a significant force reposturing or withdrawal within or from a covered theater of operations, the Secretary of Defense shall submit to the congressional defense committees a notification the contains, to the extent known—(1)a description of the accountable property sold or otherwise transferred;(2)a description of the end user of such property; and(3)a certification of the conduct of the assessment required under paragraph

(1) (A).

(c) Senior approval requiremen