Page:United States Statutes at Large Volume 123.djvu/2419

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123STA T . 23 9 9 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 Sec.846 . R e p e alofr e qui re m e nts relatin g tot h e militar y system essential item b rea k out list. Sec. 84 7 . Ex tension of S BI Ran d S T TR programs of the D epartment of Defense. Sec. 848. Extension of authority for small business inno v ation research C ommer - ciali z ation P ilot Program. Subti t leA— A cq ui s iti onP olic ya n dM ana g e m ent SEC.801 . T E MPORA R Y A U T H OR I TYTOAC Q UIRE PRO D UCTS A N D SER V- ICES PRODUCED IN COUNTRIES A L ON G AMA J OR ROUTE O F SUPPLY TO AFGHANISTAN

REPORT. (a)INGE NE RAL.— I nthec a s e of a pr o du ct or ser vi ce to b e ac q uired in support of m i l itar y or stability operations in A f g hanistan for w hich the S ecretary of D efense ma k es a determination described in subsection (b) , the Secretary may conduct a procurement in which— ( 1 ) competition is limited to products or services that are from one or more countries along a ma j or route of supply to Afghanistan

or ( 2 ) a preference is provided for products or services that are from one or more countries along a major route of supply to Afghanistan. (b) DE T ER MI NATI O N.—A determination described in this sub - section is a determination by the Secretary that— (1) the product or service concerned is to be used— (A) in the country that is the source of the product or service; ( B ) in the course of efforts by the U nited States and the N A TO International Security Assistance F orce to ship goods to Afghanistan in support of military or stability operations in Afghanistan; or ( C ) by the military forces, police, or other security personnel of Afghanistan; (2) it is in the national security interest of the United States to limit competition or provide a preference as described in subsection (a) because such limitation or preference is nec- essary— (A) to reduce overall United States transportation costs and risks in shipping goods in support of military or sta- bility operations in Afghanistan; (B) to encourage countries along a major route of supply to Afghanistan to cooperate in e x panding supply routes through their territory in support of military or stability operations in Afghanistan; or (C) to help develop more robust and enduring routes of supply to Afghanistan; and ( 3 ) limiting competition or providing a preference as described in subsection (a) will not adversely affect— (A) military or stability operations in Afghanistan; or (B) the United States industrial base. (c) P RO DUC T S AND SER V ICES FROM A COUNTR Y ALON G A M A J OR R OUTE O F SU P PLY TO AFG H ANISTAN.—For the purposes of this sec- tion

(1) A product is from a country along a major route of supply to Afghanistan if it is mined, produced, or manufactured in a covered country.