Sec. 1201. COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN AFGHANISTAN

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## SEC. 1201 COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN AFGHANISTAN ###

(a)Authority During the period beginning on October 1, 2019, and ending on December 31, 2021, from funds made available to the Department of Defense for operation and maintenance, not to exceed $2,000,000 may be used by the Secretary of Defense in such period to provide funds for the Commanders’ Emergency Response Program in Afghanistan. ###

(b)Quarterly Reports ####

(1)In general Beginning in fiscal year 2021, not later than 45 days after the end of each quarter fiscal year, the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that quarter fiscal year that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes of the program under subsection (a). ####

(2)Form Each report required under paragraph

(1)shall be submitted, at a minimum, in a searchable electronic format that enables the congressional defense committees to sort the report by amount expended, location of each project, type of project, or any other field of data that is included in the report. ###

(c)Submission of Guidance ####

(1)Initial submission Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a copy of the guidance issued by the Secretary to the Armed Forces concerning the allocation of funds through the Commanders’ Emergency Response Program in Afghanistan. ####

(2)Modifications If the guidance in effect for the purpose stated in paragraph

(1)is modified, the Secretary shall submit to the congressional defense committees a copy of the modification not later than 15 days after the date on which the Secretary makes the modification. ###

(d)Waiver Authority For purposes of exercising the authority provided by this section or any other provision of law making funding available for the Commanders’ Emergency Response Program in Afghanistan, the Secretary of Defense may waive any provision of law not contained in this section that would (but for the waiver) prohibit, restrict, limit, or otherwise constrain the exercise of that authority. ###

(e)Restriction on Amount of Payments Funds made available under this section for the Commanders’ Emergency Response Program in Afghanistan may not be obligated or expended to carry out any project if the total amount of funds made available for the purpose of carrying out the project, including any ancillary or related elements of the project, exceeds $500,000. ###

(f)Authority To Accept Contributions The Secretary of Defense may accept cash contributions from any person, foreign government, or international organization to provide funds for the Commanders’ Emergency Response Program in Afghanistan during the period beginning on October 1, 2019, and ending on December 31, 2021. Funds received by the Secretary may be credited to the operation and maintenance account from which funds are made available to provide such funds, and may be used for such purpose until expended in addition to the funds specified in subsection (a). ###

(g)Notification Not less than 15 days before obligating or expending funds made available under this section for the Commanders’ Emergency Response Program in Afghanistan for a project in Afghanistan with a total anticipated cost of $500,000 or more, the Secretary of Defense shall submit to the congressional defense committees a written notice containing the following information: ####

(1)The location, nature, and purpose of the proposed project, including how the project is intended to directly benefit the security or stability of the people of Afghanistan. ####

(2)The budget and implementation timeline for the proposed project, including any other funding under the Commanders’ Emergency Response Program in Afghanistan that has been or is anticipated to be contributed to the completion of the project. ####

(3)A plan for the sustainment of the proposed project, including any written agreement with either the Government of Afghanistan, an entity owned or controlled by the Government of Afghanistan, a department or agency of the United States Government other than the Department of Defense, or a third party contributor to finance the sustainment of the activities and maintenance of any equipment or facilities to be provided through the proposed project. ###

(h)Commanders’ Emergency Response Program in Afghanistan Defined In this section, the term “Commanders’ Emergency Response Program in Afghanistan” means the program that— ####

(1)authorizes United States military commanders in Afghanistan to carry out small-scale projects designed to meet urgent humanitarian relief requirements or urgent reconstruction requirements within their areas of responsibility; and ####

(2)provides an immediate and direct benefit to the people of Afghanistan. ###

(i)Conforming Amendment Section 1202 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455), as most recently amended by section 1212 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4389), is hereby repealed.

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Pub. L. 109-163
119 Stat. 3455
Pub. L. 111-383
124 Stat. 4389

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Sec. 1201

COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN AFGHANISTAN

Pub. L.Pub. L. 109-163

Stat.119 Stat. 3455

Pub. L.Pub. L. 111-383

Stat.124 Stat. 4389

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