Sec. 1531. Afghanistan Security Forces Fund
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Subsection (c)(1) of section 1520 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) is amended, in the matter preceding subparagraph (A), by striking fiscal year 2020 and inserting fiscal year 2021 . Subsection
(d)of such section is amended— in paragraph (1)— in the matter preceding subparagraph (A), by striking June 1, 2020 and inserting March 1, 2021 ; in subparagraph (A), by striking ; and and inserting , including specific milestones achieved since the date on which the 2020 progress report was submitted; ; in subparagraph (B), by striking the period at the end and inserting ; and ; and by adding at the end the following: the efforts of the Government of the Islamic Republic of Afghanistan to fulfill the commitments of the Government of the Islamic Republic of Afghanistan under the Joint Declaration between the Islamic Republic of Afghanistan and the United States of America for Bringing Peace to Afghanistan, issued on February 29, 2020. ; by amending paragraph
(2)to read as follows: In conducting the assessment required by paragraph (1), the Secretary of Defense shall include each of the following: The progress made by the Government of the Islamic Republic of Afghanistan toward increased accountability and the reduction of corruption within the Ministry of Defense and the Ministry of Interior of the Government of the Islamic Republic of Afghanistan. The extent to which the Government of the Islamic Republic of Afghanistan has designated the appropriate staff, prioritized the development of relevant processes, and provided or requested the allocation of resources necessary to support a peace and reconciliation process in Afghanistan. The extent to which the capability and capacity of the Afghan National Defense and Security Forces have improved as a result of Afghanistan Security Forces Fund investment, including through training, and an articulation of the metrics used to assess such improvements. The extent to which the Afghan National Defense and Security Forces have been successful in— defending territory, re-taking territory, and disrupting attacks; reducing the use of Afghan National Defense and Security Forces checkpoints; and curtailing the use of Afghan Special Security Forces for missions that are better suited to general purpose forces. The distribution practices of the Afghan National Defense and Security Forces and whether the Government of the Islamic Republic of Afghanistan is ensuring that supplies, equipment, and weaponry supplied by the United States are appropriately distributed to, and employed by, security forces. The progress made with respect to the recruitment, integration, retention, training, and treatment of women in the Afghan National Defense and Security Forces. The extent to which the Government of the Islamic Republic of Afghanistan is adhering to conditions for receiving assistance established in annual financial commitment letters or any other bilateral agreement with the United States. Such other factors as the Secretaries consider appropriate. ; and by amending paragraph
(4)to read as follows: Not later than December 31, 2020, the Secretary of Defense, in coordination with the Secretary of State and pursuant to the assessment under paragraph (1), shall submit to the congressional defense committees a certification indicating whether the Government of the Islamic Republic of Afghanistan has made sufficient progress in the areas described in paragraph (2). If the Secretary of Defense is unable under subparagraph
(A)to certify that the Government of the Islamic Republic of Afghanistan is making sufficient progress in the areas described in paragraph (2), the Secretary of Defense shall— withhold from expenditure and obligation an amount that is not less than 5 percent and not more than 15 percent of the amounts made available for assistance for the Afghan National Defense and Security Forces for fiscal year 2021 until the date on which the Secretary is able to so certify; and notify the congressional defense committees not later than 30 days before withholding such funds and indicate the specific areas of insufficient progress. If the Secretary of Defense determines that withholding such funds would impede the national security objectives of the United States by prohibiting, restricting, delaying, or otherwise limiting the provision of assistance to the Afghan National Defense and Security Forces for fiscal year 2021, the Secretary may waive the withholding requirement under subparagraph
(B)if the Secretary, in coordination with the Secretary of State, certifies such determination to the congressional defense committees not later than 30 days before the effective date of the waiver. . Subsection
(e)of such section is amended— in the matter preceding paragraph (1), by striking fiscal year 2021 and inserting fiscal year 2022 ; in paragraph (1), by striking fiscal year 2019 and inserting fiscal year 2020 ; in paragraph (2), by striking fiscal year 2020 and inserting fiscal year 2021 ; and by amending paragraph
(3)to read as follows: If the amounts described in paragraph
(2)exceed the amount described in paragraph (1)— an explanation as to why such amounts are greater; and a detailed description of the specific entities and purposes that were supported by such increase. . Such section is further amended by striking Government of Afghanistan each place it appears and inserting Government of the Islamic Republic of Afghanistan .
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Sec. 1531
Afghanistan Security Forces Fund
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