Sec. 1216. PROHIBITION ON USE OF FUNDS FOR CERTAIN PROGRAMS AND PROJECTS OF THE DEPARTMENT OF DEFENSE IN AFGHANISTAN THAT CANNOT BE SAFELY ACCESSED BY UNITED STATES GOVERNMENT PERSONNEL
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## SEC. 1216 PROHIBITION ON USE OF FUNDS FOR CERTAIN PROGRAMS AND PROJECTS OF THE DEPARTMENT OF DEFENSE IN AFGHANISTAN THAT CANNOT BE SAFELY ACCESSED BY UNITED STATES GOVERNMENT PERSONNEL **[**[10 U.S.C. 2241 note](/us/usc/t10/s2241)**]** ###
(a)Prohibition ####
(1)In general Amounts available to the Department of Defense may not be obligated or expended for a construction or other infrastructure program or project of the Department in Afghanistan if military or civilian personnel of the United States Government or their representatives with authority to conduct oversight of such program or project cannot safely access such program or project. ####
(2)Applicability Paragraph
(1)shall apply only with respect to a program or project that is initiated on or after the date of the enactment of this Act. ###
(b)Waiver ####
(1)In general The prohibition in subsection
(a)may be waived with respect to a program or project otherwise covered by that subsection if a determination described in paragraph
(2)is made as follows: #####
(A)In the case of a program or project with an estimated lifecycle cost of less than $1,000,000, by the contracting officer assigned to oversee the program or project. #####
(B)In the case of a program or project with an estimated lifecycle cost of $1,000,000 or more, but less than $20,000,000, by the Commander of the Combined Security Transition Command-Afghanistan. #####
(C)In the case of a program or project with an estimated lifecycle cost of $20,000,000 or more, but less than $40,000,000, by the Commander of United States Forces-Afghanistan. #####
(D)In the case of a program or project with an estimated lifecycle cost of $40,000,000 or more, by the Secretary of Defense. ####
(2)Determination A determination described in this paragraph with respect to a program or project is a determination of each of the following: #####
(A)That the program or project clearly contributes to United States national interests or strategic objectives. #####
(B)That the Government of Afghanistan has requested or expressed a need for the program or project. #####
(C)That the program or project has been coordinated with the Government of Afghanistan, and with any other implementing agencies or international donors. #####
(D)That security conditions permit effective implementation and oversight of the program or project. #####
(E)That the program or project includes safeguards to detect, deter, and mitigate corruption and waste, fraud, and abuse of funds. #####
(F)That adequate arrangements have been made for the sustainment of the program or project following its completion, including arrangements with respect to funding and technical capacity for sustainment. #####
(G)That meaningful metrics have been established to measure the progress and effectiveness of the program or project in meeting its objectives. ####
(3)Notice on certain waivers In the event a waiver is issued under paragraph
(1)for a program or project described in subparagraph
(D)of that paragraph, the Secretary of Defense shall notify Congress of the waiver not later than 15 days after the issuance of the waiver.
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Sec. 1216
PROHIBITION ON USE OF FUNDS FOR CERTAIN PROGRAMS AND PROJECTS OF THE DEPARTMENT OF DEFENSE IN AFGHANISTAN THAT CANNOT BE SAFELY ACCESSED BY UNITED STATES GOVERNMENT PERSONNEL
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