Sec. 1202. COMMANDERS' EMERGENCY RESPONSE PROGRAM
1,255 words·~6 min read·
/statute-compilations/comps-10388/sec-1202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 1202 COMMANDERS' EMERGENCY RESPONSE PROGRAM ###
(a)Authority for Fiscal Years 2008 and 2009 During each of fiscal years 2008 and 2009, from funds made available to the Department of Defense for operation and maintenance for such fiscal year, not to exceed $1,700,000,000 in fiscal year 2008 and $1,500,000,000 in fiscal year 2009 may be used by the Secretary of Defense to provide funds— ####
(1)for the Commanders' Emergency Response Program; and ####
(2)for a similar program to assist the people of Afghanistan. ###
(b)Quarterly Reports and Briefings ####
(1)In general Not later than 15 days after the end of each fiscal-year quarter of fiscal years 2008 and 2009, 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 that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes of the programs under subsection (a). ####
(2)Additional matters to be included In addition to the information described in paragraph (1), each report required under paragraph
(1)that contains information on projects carried out using funds authorized under the Commanders' Emergency Response Program in Iraq shall include the following: #####
(A)A listing of each project for which amounts in excess of $500,000 provided through the Commanders' Emergency Response Program in Iraq were expended. #####
(B)A written statement by the Secretary of Defense, or the Deputy Secretary of Defense if the authority under subsection
(f)is delegated to the Deputy Secretary of Defense, affirming that the certification required under subsection
(f)was issued for each project in Iraq for which amounts in excess of $1,000,000 provided through the Commanders' Emergency Response Program in Iraq were expended. #####
(C)For each project listed in subparagraph (A), the following information: ######
(i)A description and justification for carrying out the project ######
(ii)A description of the extent of involvement by the Government of Iraq in the project, including— ######
(I)the amount of funds provided by the Government of Iraq for the project; and ######
(II)a description of the plan for the transition of such project upon completion to the people of Iraq and for the sustainment of any completed facilities, including any commitments by the Government of Iraq to sustain projects requiring the support of the Government of Iraq for sustainment. ######
(iii)A description of the current status of the project, including, where appropriate, the projected completion date. #####
(D)A description of the status of transitioning activities carried out under the Commanders' Emergency Response Program in Iraq to the Government of Iraq, including— ######
(i)the level of funding provided by the Government of Iraq for the Government of Iraq Commanders' Emergency Response Program (commonly known as “I-CERP”); ######
(ii)the level of funding provided and expended by the Government of Iraq in other programs designed to meet urgent humanitarian relief and reconstruction requirements that immediately assist the Iraqi people; and ######
(iii)a description of the progress made in transitioning the responsibility for the Sons of Iraq Program to the Government of Iraq. ####
(3)Briefings Not later than 15 days after the submission of each report under paragraph (1), appropriate officials of the Department of Defense shall meet with the congressional defense committees to brief such committees on the matters contained 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 and any similar program to assist the people of 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 or any similar program to assist the people of 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)Prohibition on Certain Projects Under the Commanders' Emergency Response Program in Iraq ####
(1)Prohibition Except as provided in paragraph (2), funds made available under this section for the Commanders' Emergency Response Program in Iraq may not be obligated or expended to carry out any project commenced after the date of the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 if the total amount of such funds made available for the purpose of carrying out the project exceeds $2,000,000. ####
(2)Exception The prohibition contained in paragraph
(1)shall not apply with respect to funds managed or controlled by the Department of Defense that were otherwise provided by another department or agency of the United States Government, the Government of Iraq, the government of a foreign country, a foundation or other charitable organization (including a foundation or charitable organization that is organized or operates under the laws of a foreign country), or any source in the private sector of the United States or a foreign country. ####
(3)Waiver The Secretary of Defense may waive the prohibition contained in paragraph
(1)if the Secretary of Defense— #####
(A)determines that such a waiver is required to meet urgent humanitarian relief and reconstruction requirements that will immediately assist the Iraqi people; and #####
(B)submits in writing, within 15 days of issuing such waiver, to the congressional defense committees a notification of the waiver, together with a discussion of— ######
(i)the unmet and urgent needs to be addressed by the project; and ######
(ii)any arrangements between the Government of the United States and the Government of Iraq regarding the provision of Iraqi funds for carrying out and sustaining the project . ###
(f)Certification on Certain Projects Under the Commanders' Emergency Response Program in Iraq ####
(1)Certification Funds made available under this section for the Commanders' Emergency Response Program in Iraq may not be obligated or expended to carry out any project commenced after the date of the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 if the total amount of such funds made available for the purpose of carrying out the project exceeds $1,000,000 unless the Secretary of Defense certifies that the project addresses urgent humanitarian relief and reconstruction requirements that will immediately assist the Iraqi people. ####
(2)Delegation The Secretary may delegate the authority under paragraph
(1)to the Deputy Secretary of Defense. ###
(g)Commanders' Emergency Response Program Defined In this section, the term “**Commanders' Emergency Response Program**” means the program established by the Administrator of the Coalition Provisional Authority for the purpose of enabling United States military commanders in Iraq to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the Iraqi people. * * * * * * * **[**Section 1206 repealed by section 1205(c) of division A of Public Law 113–291.**]**
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 1202
COMMANDERS' EMERGENCY RESPONSE PROGRAM
Cites 1Cited by 0 across 0 sources