Pub. L. 116-283, div. A, tit. XII, subtit. H, sec. 1275 (as amended)
RULES GOVERNING THE TRANSFER OF PRECISION-GUIDED MUNITIONS TO ISRAEL ABOVE THE ANNUAL RESTRICTION.
SEC. 1275. [22 U.S.C. 2321h note] RULES GOVERNING THE TRANSFER OF PRECISION-GUIDED MUNITIONS TO ISRAEL ABOVE THE ANNUAL RESTRICTION.
(a) In General.—Notwithstanding section 514(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)), and subject to subsections (b) and (c) of this section, the President, acting through the Secretary of Defense and with the concurrence of the Secretary of State, is authorized to transfer to Israel precision-guided munitions from reserve stocks, including the War Reserve Stockpile for Allies-Israel, consistent with—
(1) all other requirements set forth in the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); and
(2) the requirements set forth in the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(b) Conditions.—Except in the case of an emergency, as determined by the President, a transfer under subsection (a) of this section may only occur if the transfer—
(1) does not affect the ability of the United States to maintain a sufficient supply of precision-guided munitions to satisfy United States warfighting requirements;
(2) does not harm the combat readiness of the United States;
(3) does not affect the ability of the United States to meet its commitments to allies with respect to the transfer of precision-guided munitions; and
(4) is in the national security interest of the United States.
(c) Certification.—
(1) In general.—Except in the case of an emergency, as determined by the President, not later than 15 days before making a transfer under subsection (a) of this section, the Secretary of Defense, with the concurrence of the Secretary of State, shall certify to the appropriate congressional committees that the transfer meets the conditions specified in subsection (b) of this section.
(2) Emergencies.—In the case of an emergency, as determined by the President, not later than 5 days after making a transfer under subsection (a) of this section, the President shall—
(A) certify to the appropriate congressional committees that the transfer supports the national security interests of the United States; and
(B) provide to the appropriate committees of Congress an assessment of the impacts, risks, and mitigation measures with respect to the matters referred to in paragraphs (1) through (4) of subsection (b) of this section.
(e) Termination.—The authority of the President to transfer precision-guided munitions under this section shall terminate on January 1, 2027.
- Cross-references to the US Code
- 22 U.S.C. 2321h note