Sec. 1521. AFGHANISTAN SECURITY FORCES FUND

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## SEC. 1521 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 2021 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); and ####

(2)section 1521(d)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2577) (as amended by subsection (b)). ###

(b)Extension of Prior Notice and Reporting Requirements Section 1521(d)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2577) is amended by striking “through January 31, 2021” and inserting “through January 31, 2023”. ###

(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 the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan, but is not accepted by such security forces. ####

(2)Conditions on acceptance of equipment Before accepting any equipment under the authority provided under 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 the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan, as agreed to by both the Government of Afghanistan and the U.S. Government, 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 under 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 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: ######

(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, with respect to the 90-day period for which the report is submitted— ######

(i)a list of any equipment accepted during such period and treated as stocks of the Department of Defense; and ######

(ii)copies of any determinations made under paragraph

(2)during such period, as required under paragraph (3). ###

(d)Security of Afghan Women ####

(1)In general Of the funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2021, it is the goal that $29,100,000, but in no event less than $10,000,000, shall be used for programs and activities 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 and retain 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 and the Office of Human Rights, Gender, and Child Rights of the Ministry of Interior Affairs of the Government 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 Affairs of the Government 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, remediation, renovation, and protection of facilities used by women, and transportation for policewomen to their station; #####

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

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

(H)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 with such forces, encouraging their interest in such careers, or developing their interest and skills necessary for service in such forces; and #####

(I)enhancements to Afghan National Defense and Security Forces recruitment programs for targeted advertising with the goal of increasing the number of female recruits. ###

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

(1)Assessment required Not later than March 1, 2021, the Secretary of Defense, in consultation with the Secretary of State, shall 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 Afghanistan toward meeting shared security objectives, including specific milestones achieved since the date on which the assessment required under section 1520(d)(1) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1716) was submitted; and #####

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

(2)Matters to be included The assessment required under paragraph

(1)shall include each of the following: #####

(A)The progress made by the Government of Afghanistan toward increased accountability and the reduction of corruption within the Ministry of Defense and the Ministry of Interior Affairs of such Government. #####

(B)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)The extent to which the Afghan National Defense and Security Forces have been successful in— ######

(i)defending territory, re-taking territory, and disrupting attacks; ######

(ii)reducing the use of Aghan National Defense and Security Forces checkpoints; and ######

(iii)curtailing the use of Afghan Special Security Forces for missions that are better suited to general purpose forces. #####

(D)The distribution practices of the Afghan National Defense and Security Forces and whether the Government of Afghanistan has ensured that supplies, equipment, and weaponry supplied by the United States are appropriately distributed to, and employed by, security forces. #####

(E)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 Affairs of the Government of Afghanistan to manage and account for previously divested equipment, including a description of any vulnerabilities or weaknesses of the internal controls of such Ministries and any plan in place to address shortfalls. #####

(G)A description of any significant irregularities in the divestment of equipment to the Afghan National Defense and Security Forces during the period beginning on May 1, 2020, and ending on March 1, 2021, 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 procured during such period. #####

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

(I)The extent to which the Government of Afghanistan has adhered to conditions for receiving assistance established in annual financial commitment letters or any other bilateral agreements with the United States. #####

(J)The extent to which the Government of Afghanistan or the Secretary of Defense has developed a plan to integrate former Taliban fighters into the Ministry of Defense or the Ministry of Interior Affairs of the Government of Afghanistan. #####

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

(3)Form The assessment required under paragraph

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

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

(A)Certification Not later than December 31, 2020, the Secretary of Defense, in coordination with the Secretary of State and pursuant to the assessment required 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). #####

(B)Withholding of funds If the Secretary of Defense is unable to certify under subparagraph

(A)that the Government of Afghanistan has made sufficient progress in the areas described in paragraph (2), the Secretary of Defense shall— ######

(i)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 ######

(ii)notify the congressional defense committees not later than 30 days before withholding such funds and indicate each specific area of insufficient progress. #####

(C)Waiver If the Secretary of Defense determines that withholding assistance under this paragraph 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. ###

(f)Additional Reporting Requirements The Secretary of Defense shall include in the materials submitted in support of the budget for fiscal year 2022 that is submitted by the President under section 1105(a) of title 31, United States Code, each of the following: ####

(1)The amount of funding provided in fiscal year 2020 through the Afghanistan Security Forces Fund to the Government of Afghanistan in the form of direct government-to-government assistance or on-budget assistance for the purposes of supporting any entity of the Government of Afghanistan, including the Afghan National Defense and Security Forces, the Ministry of Defense, or the Ministry of Interior Affairs of such Government. ####

(2)The amount of funding provided and anticipated to be provided, as of the date of the submission of the materials, in fiscal year 2021 through such Fund in such form. ####

(3)If the amount described in paragraph

(2)exceeds the amount described in paragraph (1)— #####

(A)an explanation as to why the amount described in paragraph

(2)is greater; and #####

(B)a detailed description of the specific entities and purposes that were supported by such increase. # TITLE XVI SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE MATTERS ## Subtitle A Space Activities

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