Sec. 1209. Afghanistan Security Forces Fund

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Funds are hereby authorized to be appropriated for fiscal year 2020 for the Afghanistan Security Forces Fund, as established by section 1513 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 428), as most recently amended by section 1223(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), in the amount of $4,803,978,000. Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2020 shall be subject to the conditions contained in subsections

(b)through

(f)of such section 1513. Subsection (b)(1) of such section 1513 is amended by striking security forces of the Ministry of Defense and the Ministry of the Interior of the Government of the Islamic Republic of Afghanistan and inserting security forces of Afghanistan . Subsection (b)(2) of such section 1513 is amended by inserting (including program and security assistance management support) after services . Subject to paragraph (2), the Secretary of Defense may accept equipment that is procured using amounts in the Afghanistan Security Forces Fund authorized under this Act and is intended for transfer to the security forces of Afghanistan, but is not accepted by such security forces. Before accepting any equipment under the authority provided by paragraph (1), the Commander of United States forces in Afghanistan shall make a determination that the equipment was procured for the purpose of meeting requirements of the security forces of Afghanistan, as agreed to by both the Government of Afghanistan and the United States, but is no longer required by such security forces or was damaged before transfer to such security forces. In making a determination under paragraph

(2)regarding equipment, the Commander of United States forces in Afghanistan shall consider alternatives to Secretary of Defense acceptance of the equipment. An explanation of each determination, including the basis for the determination and the alternatives considered, shall be included in the relevant quarterly report required under paragraph (5). Equipment accepted under the authority provided by paragraph

(1)may be treated as stocks of the Department of Defense upon notification to the congressional defense committees of such treatment. Not later than 90 days after the date of the enactment of this Act and every 90-day period thereafter during which the authority provided by paragraph

(1)is exercised, the Secretary of Defense shall submit to the congressional defense committees a report describing the equipment accepted under this subsection, under section 1531(d) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 938; 10 U.S.C. 2302 note), and under section 1532(b) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3612) during the period covered by the report. Each report shall include a list of all equipment that was accepted during the period covered by the report and treated as stocks of the Department, and copies of the determinations made under paragraph (2), as required by paragraph (3).

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