Sec. 1213. Afghanistan Security Forces Fund

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Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2022 shall be subject to the conditions contained in— subsections

(b)through

(f)of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 428); and section 1521(d)(1) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2577). Paragraph

(1)of subsection

(b)of such section 1513 is amended by inserting , including costs of Department of Defense personnel who advise such Ministries before the period at the end. Such subsection

(b)is further amended— in paragraph (2), by inserting (including program and security assistance management support) after services ; and by adding at the end the following new paragraph: Assistance under the authority of this section may be used, in consultation with the Secretary of State, as the Secretary of Defense considers necessary, to provide support and services described in subparagraph (B), or to reimburse coalition or partner countries for the provision of such support and services, to certain Afghan citizens and their spouses and dependents who— as a consequence of their association with the United States or a coalition partner of the United States, have a well-founded fear of persecution; or are aliens described in section 602(b)(2) of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; 8 U.S.C. 1101 note). The support and services described in this subparagraph are— transportation outside of Afghanistan for the purpose of awaiting visa processing; security; and life support. . Subject to paragraph (2), the Secretary of Defense may accept equipment that is procured using amounts authorized to be appropriated for the Afghanistan Security Forces Fund by this Act and intended for transfer to the security forces of the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan, but not accepted by such security forces. Before accepting any equipment under the authority provided under paragraph (1), the Commander of United States forces in Afghanistan shall make a determination as to whether such equipment was procured for the purpose of meeting requirements of the security forces of the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan, as agreed to by the Government of Afghanistan and the United States Government, 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)with respect to equipment, the Commander of United States forces in Afghanistan shall consider alternatives to the acceptance of such equipment by the Secretary of Defense. Equipment accepted under the authority provided under 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 days thereafter during the period in which the authority provided under paragraph

(1)is exercised, the Secretary shall submit to the congressional defense committees a report describing the equipment accepted during the period covered by such report under the following: This subsection. Section 1521(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2575). Section 1531(b) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1088). 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. 3613). 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). Each report under subparagraph

(A)shall include, with respect to the 90-day period for which the report is submitted— a list of any equipment accepted during such period and treated as stocks of the Department of Defense; and copies of any determination made under paragraph

(2)during such period, as required under paragraph (3). The Secretary of Defense may use amounts authorized for the Afghanistan Security Forces Fund by this Act or the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) to purchase helicopters and small aircraft from the Secretary of the Army. Of the funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2022, it is the goal that up to $27,500,000, but not less than $10,000,000, shall be used for programs and activities for— the recruitment, integration, retention, training, and treatment of women in the Afghan National Defense and Security Forces; and the recruitment, training, and contracting of female security personnel for future elections. Such programs and activities may include— recruitment and retention efforts with respect to women in the Afghan National Defense and Security Forces, including the special operations forces; programs and activities of the Directorate of Human Rights and Gender Integration of the Ministry of Defense and the Office of Human Rights, Gender, and Child Rights of the Ministry of Interior Affairs of the Government of Afghanistan; development and dissemination of gender and human rights educational and training materials and programs within the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan; efforts to address harassment and violence against women within the Afghan National Defense and Security Forces; improvements to infrastructure that address the requirements of women serving in the Afghan National Defense and Security Forces, including appropriate equipment for female security and police forces, remediation, renovation, and protection of facilities used by women, and transportation for policewomen to their stations; support for Afghanistan National Police Family Response Units; security provisions for high-profile female police and military officers; programs to promote conflict prevention, management, and resolution through the meaningful participation of Afghan women in the Afghan National Defense and Security Forces by exposing Afghan women and girls to the activities of and careers available in such forces, encouraging their interest in such careers, or developing their interest and the skills necessary for service in such forces; and enhancements to Afghan National Defense and Security Forces recruitment programs for targeted advertising with the goal of increasing the number of female recruits. Not later than 15 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the plan to execute oversight of funds and activities authorized by this section without a United States Armed Forces presence in Afghanistan. Not more than $1,000,000,000 of the funds authorized to be appropriated by this Act for fiscal year 2022 may be expended until the date on which the report required by subclause

(II)is submitted. The Secretary of Defense, in consultation with the heads of other Federal agencies, as appropriate, shall submit to the appropriate committees of Congress a report that includes the following: The number of members of the Afghan National Defense and Security Forces the salaries of whom are funded under the authority of this section. The percentage of such members of the Afghan National Defense and Security Forces who receive pay by direct electronic deposit. A detailed description of the process of the Department of Defense for providing equipment to the Afghan National Defense and Security Forces, including a list of locations from which oversight of distribution and maintenance is conducted. A detailed description of the process of the Department of Defense for providing equipment to the Afghan Air Force, including a list of locations from which oversight of distribution and maintenance is conducted. Not more than $2,500,000,000 of the funds authorized to be appropriated by this Act for fiscal year 2022 may be expended until the date on which the certification described in subclause

(II)is made. The certification described in this subclause is a certification by the Secretary of Defense, in consultation with the heads of other Federal agencies, as appropriate, that the Government of Afghanistan has met the following criteria: The majority of members of the Afghan National Defense and Security Forces receive pay by direct electronic deposit. The Government of Afghanistan has demonstrated progress in ensuring that the weapons and equipment provided to the Afghan National Defense and Security Forces are— distributed effectively to the intended units of the Afghan National Defense and Security Forces; and in compliance with appropriate end-use monitoring standards. The Government of Afghanistan has demonstrated progress in ensuring that critical supplies, including fuel and ammunition, are delivered successfully to the intended units of the Afghan National Defense and Security Forces and periodically accounted for after delivery. The Government of Afghanistan has demonstrated progress in growing or transitioning maintenance responsibilities for Afghan aircraft to Afghan personnel. The Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan have made progress on reducing or mitigating corruption within the Afghan National Defense and Security Forces. The Afghan National Defense and Security Forces remains a viable partner force in countering threats from violent extremist organizations that use Afghanistan as a base for planning or operations. The Secretary of Defense may waive subclause

(I)if the Secretary of Defense— determines that withholding assistance under that clause would impede the national security objectives of the United States; and in consultation with the Secretary of State, certifies such determination to the congressional defense committees not later than 30 days before the effective date of such waiver. In this paragraph, the term appropriate committees of Congress means— the Committee on Armed Services and the Committee on Appropriations of the Senate; and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

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