Recommendation: Congress should consider redefining what can be considered an allowable expense to be charged from the administrative account. (Matter for Consideration 1)
Agency: Congress
Status: Open
Comments: As of February 2020, two current bills in Congress address this matter. First, the Return Expenses Paid and Yielded Act would amend the Arms Export Control Act to remove an exclusion from the definition of administrative expenses related to military pay and unfunded civilian retirement and other benefits, and would require DOD to review and report to Congress on options for further expanding the use of FMS administrative fees. Second, the Annual Duplication Report Act of 2019 would require DOD to assess and report on (1) any expenses incurred by the U.S. government in operating the FMS program that are not paid for by the administrative fee, (2) their estimated annual cost, (3) the costs and benefits of funding such expenses, and (4) any legislative changes needed to allow the FMS administrative fee to pay for such expenses.
Recommendation: The Director of DSCA should take steps to ensure that comprehensive reviews of the administrative fee rate are completed at least every 5 years. (Recommendation 1)
Agency: Department of Defense: Defense Security Cooperation Agency
Status: Open
Comments: In its agency response to this report, DSCA concurred with this recommendation. As of December 2018, DSCA had planned to update its policy to clarify its process for completing comprehensive reviews of the administrative fee rate to ensure that adequate planning for the next rate review allows it to be completed on time. However, in updating its policy in April 2019, DSCA did not include any clarifications to ensure comprehensive reviews would be completed at least every 5 years or be adequately planned. As of August 2020, DSCA officials indicated they planned to take further action to address this recommendation by December 2020. We will continue to monitor DSCA's implementation of this recommendation.
Recommendation: The Director of DSCA should direct the Defense Contract Management Agency (DCMA) and the Defense Finance and Accounting Service to work together to ensure timely correction of the fiscal years 2016 and 2017 DCMA contract administration services (CAS) reimbursement issues. (Recommendation 3)
Agency: Department of Defense: Defense Security Cooperation Agency
Status: Open
Comments: In its agency response to this report, DSCA concurred with this recommendation. In October 2018, DSCA sent a memo to DCMA and DFAS directing them to resolve the reimbursement issues and to develop a corrective action plan. As of August 2020, DSCA officials estimated this corrective action plan would be implemented by December 2020. . We will continue to monitor implementation of this recommendation.
Recommendation: The Director of DSCA should take steps to ensure that comprehensive reviews of the CAS fee rate are completed at least every 5 years. (Recommendation 4)
Agency: Department of Defense: Defense Security Cooperation Agency
Status: Open
Comments: In its agency response to this report, DSCA partially concurred with this recommendation, noting that although performing a comprehensive review of the CAS fee rate every 5 years is a preferred practice, the agency did not plan to do so for its upcoming fee review due to various factors. In January 2020, DSCA lowered the CAS fee rate based on a rate review completed in 2019, six years after the prior rate review. In addition, in April 2019, DSCA updated related policy but included no clarifications to ensure future comprehensive reviews would be completed at least every 5 years or be adequately planned. As of August 2020, DSCA officials indicated they planned to take further action to address this recommendation by December 2020. We will continue to monitor DSCA's implementation of this recommendation.
