Pub. L. 111-84, div. A, tit. XII, subtit. B, sec. 1222
ONE-YEAR EXTENSION AND EXPANSION OF COMMANDERS’ EMERGENCY RESPONSE PROGRAM.
SEC. 1222. ONE-YEAR EXTENSION AND EXPANSION OF COMMANDERS’ EMERGENCY RESPONSE PROGRAM.(a) One-year Extension of Authority.—(1) Authority for fiscal year 2010.—Subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3455), as amended by section 1205 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 366) and section 1214 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4630), is further amended—(A) in the heading, by striking “Fiscal Years 2008 and 2009” and inserting “Fiscal Year 2010”;(B) by striking “each of fiscal years 2008 and 2009” and inserting “fiscal year 2010”;(C) by striking “for such fiscal year”; and(D) by striking “$1,700,000,000 in fiscal year 2008 and $1,500,000,000 in fiscal year 2009” and inserting “$1,300,000,000”.(2) Effective date.—The amendments made by paragraph (1) shall take effect on October 1, 2009.(b) Extension of Due Date for Quarterly Reports.—Subsection (b)(1) of such section is amended—(1) by striking “15 days” and inserting “30 days”; and(2) by striking “fiscal years 2008 and 2009” and inserting “any fiscal year during which the authority under subsection (a) is in effect”.(c) Technical Amendments.—Subsections (e)(1) and (f)(1) of such section are amended by striking “the date of the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009” and inserting “October 14, 2008,”.(d) Authority To Transfer Funds for Support of Afghanistan National Solidarity Program.—(1) Authority.—If the Secretary of Defense determines that the use of Commanders’ Emergency Response Program funds to support the Afghanistan National Solidarity Program would enhance counterinsurgency operations or stability operations in Afghanistan, the Secretary of Defense may transfer funds, from amounts available for the Commanders’ Emergency Response Program for fiscal year 2010, to the Secretary of State for purposes of supporting the Afghanistan National Solidarity Program.123 STAT. 2519(2) Limitation.—The amount of funds transferrable under paragraph (1) may not exceed $50,000,000.(3) Congressional notification.—Not later than 15 days before transferring funds under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees a report setting forth the Secretary’s determination pursuant to paragraph (1) and a description of the amount of funds to be transferred under that paragraph.(4) Expiration.—The authority to transfer funds under paragraph (1) shall expire at the close of September 30, 2010.(e) Use of Funds for Reintegration Activities in Afghanistan.—(1) Authority.—The Secretary of Defense, in coordination with the Government of Afghanistan and with the concurrence of the Secretary of State, may utilize such funds as necessary from amounts available for the Commanders’ Emergency Response Program for fiscal year 2010 to support the reintegration into Afghan society of those individuals who have renounced violence against the Government of Afghanistan.(2) Quarterly reports.—(A) In general.—The Secretary of Defense shall submit to the congressional defense committees a report on activities carried out utilizing the authority of paragraph (1). Such report shall be included in the report required under section 1202(b) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3455), and shall be specifically identified as having been carried out under the authority of paragraph (1).(B) Copy of report.—The Secretary of Defense shall provide the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate with a copy of that portion of the report required by section 1202 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3455) that pertains to expenditures carried out under the authority of paragraph (1).(3) Expiration.—The authority to utilize funds under paragraph (1) shall expire at the close of September 30, 2010.(f) Review of Program.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a thorough review of the Commander’s Emergency Response Program and submit to the congressional defense committees the results of such review.(g) Definition.—In this section, the term “Commanders’ Emergency Response Program” has the meaning given the term in section 1202(g) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456).