COMMANDERS’ EMERGENCY RESPONSE PROGRAM.

SEC. 1214. COMMANDERS’ EMERGENCY RESPONSE PROGRAM.(a) Authority for Fiscal Years 2008 and 2009.—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), is further amended in the matter preceding paragraph (1)—(1) by striking “$977,441,000” and inserting “$1,700,000,000 in fiscal year 2008 and $1,500,000,000 in fiscal year 2009,”; and(2) by striking “in such fiscal year”.(b) Quarterly Reports.—Subsection (b) of such section, as so amended, is further amended—(1) in the heading, by inserting “and Briefings” after “Reports”;(2) by striking “Not later than” and inserting the following:“(1) In general.—Not later than”; and(3) by adding at the end the following new paragraphs:“(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.122 STAT. 4631“(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) Prohibition on Certain Projects Under the Commanders’ Emergency Response Program in Iraq.—Such section, as so amended, is further amended—(1) by redesignating subsection (e) as subsection (f); and(2) by inserting after subsection (d) the following new subsection:“(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; and122 STAT. 4632“(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 .”.(d) Certification on Certain Projects Under the Commanders’ Emergency Response Program in Iraq.—Such section, as so amended, is further amended—(1) by redesignating subsection (f), as redesignated by subsection (c) of this section, as subsection (g); and(2) by inserting after subsection (e), as added by subsection (c) of this section, the following new subsection:“(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.”.(e) Sense of Congress.—It is the sense of Congress that the Government of Iraq should assume increasing responsibility for funding and carrying out projects currently funded by the United States through the Commanders’ Emergency Response Program, and should assume all costs associated with the Sons of Iraq program as expeditiously as possible.