Sec. 1218. SUPPORT FOR RECONCILIATION ACTIVITIES LED BY THE GOVERNMENT OF AFGHANISTAN
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## SEC. 1218 SUPPORT FOR RECONCILIATION ACTIVITIES LED BY THE GOVERNMENT OF AFGHANISTAN ###
(a)Authority To Provide Covered Support ####
(1)In general Subject to paragraph (2), the Secretary of Defense may, with the concurrence of the Secretary of State, provide covered support for reconciliation activities to one or more designated persons or entities or Federal agencies. ####
(2)Limitation on use of funds Amounts authorized to be appropriated or otherwise made available for the Department of Defense by this Act may not be obligated or expended to provide covered support until the date on which the Secretary of Defense submits to the appropriate committees of Congress the report required by subsection (b). ###
(b)Framework for Use of Authority Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate committees of Congress a report on the use of the authority under subsection
(a)that includes— ####
(1)a framework for use of such authority; ####
(2)evaluation requirements; and ####
(3)a prioritization of covered support. ###
(c)Designation Not later than 15 days before the Secretary of Defense designates an individual or organization as a designated person or entity, the Secretary shall notify the congressional defense committees of the intent of the Secretary to make such designation. ###
(d)Reimbursement ####
(1)Designated persons or entities The Secretary of Defense may provide covered support to a designated person or entity on a nonreimbursable basis. ####
(2)Federal agencies The Secretary of Defense may provide covered support to a Federal agency on a reimbursable or nonreimbursable basis. ###
(e)Location of Covered Support ####
(1)In general Except as provided in paragraph (2), the Secretary of Defense may only provide covered support within Afghanistan. ####
(2)Exception Notwithstanding paragraph (1), the Secretary of Defense may provide covered support in Pakistan if the Secretary of Defense, with the concurrence of the Secretary of State, determines, and certifies to the appropriate committees of Congress, that providing covered support in Pakistan is in the national security interest of the United States. ###
(f)Notification Not later than 15 days after the date on which the Secretary of Defense provides covered support in Pakistan, or an individual expenditure for covered support reaches a monetary threshold of $75,000 or greater, the Secretary shall submit to the appropriate committees of Congress written notice that includes— ####
(1)the intended recipient of such covered support and the specific covered support to be provided; and ####
(2)a description of the manner in which such covered support facilitates reconciliation. ###
(g)Funding ####
(1)Source of funds Amounts for covered support may only be derived from amounts authorized to be appropriated for the Department of Defense for operation and maintenance. ####
(2)Limitation Not more than $15,000,000 may be used in each fiscal year to provide covered support under this section. ###
(h)Rule of Construction Covered support shall not be construed to violate section 2339, 2339A, or 2339B of title 18, United States Code. ###
(i)Participation in Reconciliation Activities Covered support may only be used to support a reconciliation activity that— ####
(1)includes the participation of members of the Government of Afghanistan; and ####
(2)does not restrict the participation of women. ###
(j)Reports ####
(1)In general Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of Defense shall, with the concurrence of the Secretary of State, submit to the appropriate committees of Congress a report on covered support during the preceding 90-day period. ####
(2)Elements Each report under this subsection shall include, for the preceding reporting period, the following: #####
(A)A summary of the reconciliation activities for which covered support was provided. #####
(B)A description of the covered support, by class or type, and the designated person or entity or Federal agency that received each class or type of covered support. #####
(C)The total dollar amount of each class or type of covered support, including budget details. #####
(D)The intended duration of each provision of covered support. #####
(E)Any other matter the Secretary of Defense considers appropriate. ###
(k)Sunset The authority to carry out this section shall terminate on December 31, 2021. ###
(l)Definitions In this section: ####
(1)Appropriate committees of congress The term “appropriate committees of Congress” means— #####
(A)the congressional defense committees; #####
(B)the Committee on Foreign Relations of the Senate; and #####
(C)the Committee on Foreign Affairs of the House of Representatives. ####
(2)Covered support #####
(A)In general The term “covered support” means logistic support, supplies, and services (as defined in section 2350 of title 10, United States Code) and security provided under this section. #####
(B)Exclusions The term “covered support” does not include the following support, supplies, or services described in section 2350 of title 10, United States Code: ######
(i)Ammunition, construction incident to base operations support, training services, and the temporary use of general purpose vehicles. ######
(ii)With respect to any member of the Taliban, transportation in vehicles or on aircraft owned by the United States Government, reimbursement for travel or lodging, and stipends or per diem payments. ######
(iii)Any activity involving one or more members of an organization designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) or an individual designated as a specially designated global terrorist pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). ####
(3)Designated person or entity #####
(A)In general The term “designated person or entity” means an individual or organization designated by the Secretary of Defense, with the concurrence of the Secretary of State, as necessary to facilitate a reconciliation activity. #####
(B)Exclusion The term “designated person or entity” does not include a Federal agency or department. ####
(4)Reconciliation activity The term “reconciliation activity” means any activity intended to support, facilitate, or enable a political settlement between the Government of Afghanistan and the Taliban for the purpose of ending the war in Afghanistan. ####
(5)Security The term “security” means any measure determined by the Secretary of Defense to be necessary to protect reconciliation activities from hostile acts.
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Sec. 1218
SUPPORT FOR RECONCILIATION ACTIVITIES LED BY THE GOVERNMENT OF AFGHANISTAN
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