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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle D Provisions Relating to Contracts in Support of Contingency Operations

P. L. 112-

House Conference Report 112-705

SEC. 842. LIMITATION ON AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED IN AFGHANISTAN.

Section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 266; 10 U.S.C. 2302 note) is amended--

(1) in the section heading, by striking `iraq or';

(2) by striking `Iraq or' each place it appears; and

(3) in the subsection heading of subsection (c), by striking `Iraq or'.

 
Limitation on authority to acquire products and services produced in Afghanistan (sec. 842)

The House bill contained a provision (sec. 822) that would update section 886 of the National Defense Authorization Act for Fiscal Year 2008 and prohibit the use of the authority provided by that section until such a time as the Secretary of Defense determines that the Government of Afghanistan is not taxing assistance provided by the United States to Afghanistan.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would update section 886, but exclude the new prohibition.

The conferees agree that actions taken by the Government of Afghanistan to tax assistance provided by the United States to Afghanistan are in violation of existing agreements between the United States and Afghanistan. The conferees direct the Secretary of Defense, in consultation with the Secretary of State, to report to the congressional defense committees not later than 180 days after the date of the enactment of this Act on steps that the U.S. government has taken or plans to take to address this problem.

House Report 112-479

SECTION 822--LIMITATION ON AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED IN AFGHANISTAN

This section would amend section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) to require the Secretary of Defense to make a determination that the Government of the Islamic Republic of Afghanistan is not taxing assistance provided by the United States to Afghanistan in violation of any bilateral or other agreement with the United States, before providing preferential treatment for the acquisition of a product or service produced in Afghanistan.

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