12 2 STA T .38 3 PUBLIC LA W 11 0– 181 —J A N .28 , 2008 ident i f ied ,a nd sol i c ited offe r s fro m , p otential indi v id -u als or entities to perform t h e contract, g rant, agree- ment, or other funding mechanism, together w ith a list of the potential individuals or entities that were issued solicitations for the offers
and ( iv ) the j ustification and approval documents on which was b ased the determination to use procedures other than procedures that provide for full and open competition . ( 2 ) COVER E DC O NT R A CT S , G RANTS, AGREE M ENTS, AND FU ND I NG MEC H ANISMS. —A contract, grant, agreement, or other funding mechanism described in this paragraph is an y major contract, grant, agreement, or other funding mechanism that is entered into by any department or agency of the U nited S tates G overnment that involves the use of amounts appro- priated or otherwise made available for the reconstruction of Afghanistan with any public or private sector entity for any of the following purposes
(A) T o build or rebuild physical infrastructure of Afghanistan. ( B ) To establish or reestablish a political or societal institution of Afghanistan. (C) To provide products or services to the people of Afghanistan. ( 3 ) P U BL IC AVAILABILIT Y .—The I nspector General shall pub- lish on a publically-available Internet website each report under paragraph ( 1 ) of this subsection in E nglish and other languages that the Inspector General determines are widely used and understood in Afghanistan. ( 4 ) F ORM.—Each report re q uired under this subsection shall be submitted in unclassified form, but may include a classified anne x if the Inspector General considers it necessary. ( 5 ) R ULE OF CONSTRUCTION.— N othing in this subsection shall be construed to authori z e the public disclosure of informa- tion that is— (A) specifically prohibited from disclosure by any other provision of law; (B) specifically required by Executive order to be pro- tected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (C) a part of an ongoing criminal investigation. (j) RE P ORT COORDINATION.— (1) SUBMISSION TO SECRETARIES OF STATE AND DEFENSE.— The Inspector General shall also submit each report required under subsection (i) to the Secretary of State and the Secretary of D efense. (2) SUBMISSION TO CONGRESS.—Not later than 3 0 days after receipt of a report under paragraph (1), the Secretary of State or the Secretary of Defense may submit to the appropriate congressional committees any comments on the matters covered by the report as the Secretary of State or the Secretary of Defense, as the case may be, considers appropriate. Any com- ments on the matters covered by the report shall be submitted in unclassified form, but may include a classified annex if the Secretary of State or the Secretary of Defense, as the case may be, considers it necessary. Websit e .
�
