Sec. 1223. AFGHANISTAN SECURITY FORCES FUND

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## SEC. 1223 AFGHANISTAN SECURITY FORCES FUND ###

(a)Continuation of Prior Authorities and Notice and Reporting Requirements Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2019 shall be subject to the conditions contained in— ####

(1)subsections

(b)through

(f)of 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 1521(d)(2)(A) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2577); and ####

(2)section 1521(d)(1) of the National Defense Authorization Act for Fiscal Year 2017. ###

(b)Use of Funds Section 1513(b)(1) of the National Defense Authorization Act for Fiscal Year 2008 is amended by striking “security forces of Afghanistan” and inserting “security forces of the Ministry of Defense and the Ministry of the Interior of the Government of the Islamic Republic of Afghanistan”. ###

(c)Equipment Disposition ####

(1)Acceptance of certain equipment 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 is intended for transfer to the security forces of Afghanistan, but is not accepted by such security forces. ####

(2)Conditions on acceptance of equipment Before accepting any equipment under the authority provided by paragraph (1), the Commander of United States forces in Afghanistan shall make a determination that such 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 Government of the United States, but is no longer required by such security forces or was damaged before transfer to such security forces. ####

(3)Elements of determination In making a determination under paragraph

(2)regarding equipment, the Commander of United States forces in Afghanistan shall consider alternatives to the acceptance of such equipment by the Secretary. 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). ####

(4)Treatment as department of defense stocks 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. ####

(5)Quarterly reports on equipment disposition #####

(A)In general 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 shall submit to the congressional defense committees a report describing the equipment accepted during the period covered by such report under the following: ######

(i)This subsection. ######

(ii)Section 1521(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2575). ######

(iii)Section 1531(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1088). ######

(iv)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). ######

(v)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). #####

(B)Elements Each report under subparagraph

(A)shall include a list of all equipment that was accepted during the period covered by such report and treated as stocks of the Department of Defense and copies of the determinations made under paragraph (2), as required by paragraph (3). ###

(d)Security of Afghan Women ####

(1)In general Of the funds available to the Department of Defense for the Afghan Security Forces Fund for fiscal year 2019, it is the goal that $25,000,000, but in no event less than $10,000,000, shall be used for— #####

(A)the recruitment, integration, retention, training, and treatment of women in the Afghan National Defense and Security Forces; and #####

(B)the recruitment, training, and contracting of female security personnel for future elections. ####

(2)Types of programs and activities Such programs and activities may include— #####

(A)efforts to recruit women into the Afghan National Defense and Security Forces, including the special operations forces; #####

(B)programs and activities of the Directorate of Human Rights and Gender Integration of the Ministry of Defense of Afghanistan and the Office of Human Rights, Gender and Child Rights of the Ministry of Interior of Afghanistan; #####

(C)development and dissemination of gender and human rights educational and training materials and programs within the Ministry of Defense and the Ministry of Interior of Afghanistan; #####

(D)efforts to address harassment and violence against women within the Afghan National Defense and Security Forces; #####

(E)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, and transportation for policewomen to their station; #####

(F)support for Afghanistan National Police Family Response Units; and #####

(G)security provisions for high-profile female police and military officers. ###

(e)Assessment of Afghanistan Progress on Objectives ####

(1)Assessment required Not later than May 1, 2019, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate an assessment describing— #####

(A)the progress of the Government of the Islamic Republic of Afghanistan toward meeting shared security objectives; and #####

(B)the efforts of the Government of the Islamic Republic of Afghanistan to manage, employ, and sustain the equipment and inventory provided under subsection (a). ####

(2)Matters to be included In conducting the assessment required by paragraph (1), the Secretary of Defense shall include each of the following: #####

(A)A consideration of the extent to which the Government of Afghanistan has a strategy for, and has taken steps toward, increased accountability and the reduction of corruption within the Ministry of Defense and the Ministry of Interior of Afghanistan. #####

(B)A consideration of 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. #####

(C)A consideration of the extent to which the Afghan National Defense and Security Forces have been able to increase pressure on the Taliban, al-Qaeda, the Haqqani network, and other terrorist organizations, including by re-taking territory, defending territory, and disrupting attacks. #####

(D)A consideration of the distribution practices of the Afghan National Defense and Security Forces and whether the Government of Afghanistan is ensuring that supplies, equipment, and weaponry supplied by the United States are appropriately distributed to, and employed by, security forces charged with fighting the Taliban and other terrorist organizations. #####

(E)A consideration of the extent to which the Government 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. #####

(F)A description of the ability of the Ministry of Defense and the Ministry of Interior of Afghanistan to manage and account for previously divested equipment, including a description of any vulnerabilities or weaknesses of the internal controls of such Ministry of Defense and Ministry of Interior and any plan in place to address shortfalls. #####

(G)A description of the monitoring and evaluation systems in place to ensure assistance provided under subsection

(a)is used only for the intended purposes. #####

(H)A description of any significant irregularities in the divestment of equipment to the Afghan National Defense and Security Forces during the 5-year period beginning on the date of the enactment of this Act, including any major losses of such equipment or any inability on the part of the Afghan National Defense and Security Forces to account for equipment so procured. #####

(I)A description of the sustainment and maintenance costs required during the 5-year period beginning on the date of the enactment of this Act for major weapons platforms previously divested, and a plan for how the Afghan National Defense and Security Forces intends to maintain such platforms in the future. #####

(J)A consideration of the extent to which the Government of Afghanistan is adhering to conditions for receiving assistance established in annual financial commitment letters or any other bilateral agreements with the United States. #####

(K)A consideration of the extent to which the Government of Afghanistan has made progress in achieving security sector benchmarks as outlined by the United States-Afghan Compact (commonly known as the “Kabul Compact”). #####

(L)Such other factors as the Secretaries consider appropriate. ####

(3)Form The assessment required by paragraph

(1)shall be submitted in unclassified form, but may include a classified annex. ####

(4)Withholding of assistance for insufficient progress #####

(A)In general If the Secretary of Defense determines, in coordination with the Secretary of State, pursuant to the assessment under paragraph

(1)that the Government of Afghanistan has made insufficient progress in the areas described in paragraph (2), the Secretary of Defense may withhold assistance for the Afghan National Defense and Security Forces until such time as the Secretary determines sufficient progress has been made. #####

(B)Notice to congress If the Secretary of Defense withholds assistance under subparagraph (A), the Secretary shall, in coordination with the Secretary of State, provide notice to Congress not later than 30 days after making the decision to withhold such assistance.

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