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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7113 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 7113

     Making emergency supplemental appropriations in line with the 
  President's request in response to the ongoing attack on Ukraine's 
sovereignty by Russia and in response to the attacks in Israel for the 
     fiscal year ending September 30, 2024, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2024

Mr. Moskowitz introduced the following bill; which was referred to the 
 Committee on Appropriations, and in addition to the Committee on the 
 Budget, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
     Making emergency supplemental appropriations in line with the 
  President's request in response to the ongoing attack on Ukraine's 
sovereignty by Russia and in response to the attacks in Israel for the 
     fiscal year ending September 30, 2024, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2022, and for 
other purposes, namely:

              DIVISION A--SUPPLEMENTAL FUNDING FOR UKRAINE

                     TITLE I--DEPARTMENT OF DEFENSE

                           MILITARY PROGRAMS

                           Military Personnel

                        military personnel, army

    For an additional amount for ``Military Personnel, Army'', 
$184,029,000, to remain available until September 30, 2024, to respond 
to the situation in Ukraine and for related expenses, including special 
pay. Provided, That such amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That such amount shall be available only if the President 
designates such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                    military personnel, marine corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$3,143,000, to remain available until September 30, 2024, to respond to 
the situation in Ukraine and for related expenses, including special 
pay. Provided, That such amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That such amount shall be available only if the President 
designates such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                     military personnel, air force

    For an additional amount for ``Military Personnel, Air Force'', 
$20,700,000, to remain available until September 30, 2024, to respond 
to the situation in Ukraine and for related expenses, including special 
pay. Provided, That such amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That such amount shall be available only if the President 
designates such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                    military personnel, space force

    For an additional amount for ``Military Personnel, Space Force'', 
$3,724,000, to remain available until September 30, 2024, to respond to 
the situation in Ukraine and for related expenses, including special 
pay. Provided, That such amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That such amount shall be available only if the President 
designates such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                       OPERATION AND MAINTENANCE

                    operation and maintenance, army

    For an additional amount for ``Operation and Maintenance, Army'', 
$4,621,610,000, to remain available until September 30, 2024, to 
respond to the situation in Ukraine and for related expenses. Provided, 
That such amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That such amount shall be available only if the President designates 
such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                    operation and maintenance, navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$1,157,063,000, to remain available until September 30, 2024, to 
respond to the situation in Ukraine and for related expenses. Provided, 
That such amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That such amount shall be available only if the President designates 
such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                operation and maintenance, marine corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $61,336,000, to remain available until September 30, 2024, to 
respond to the situation in Ukraine and for related expenses. Provided, 
That such amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That such amount shall be available only if the President designates 
such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                  operation and maintenance, air force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $797,870,000, to remain available until September 30, 2024, to 
respond to the situation in Ukraine and for related expenses. Provided, 
That such amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That such amount shall be available only if the President designates 
such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                 operation and maintenance, space force

    For an additional amount for ``Operation and Maintenance, Space 
Force'', $7,500,000, to remain available until September 30, 2024, to 
respond to the situation in Ukraine and for related expenses. Provided, 
That such amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That such amount shall be available only if the President designates 
such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                operation and maintenance, defense-wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $30,657,640,000, to remain available until September 30, 2024, 
to respond to the situation in Ukraine and for related expenses: 
Provided, That of the total amount provided under this heading, 
$12,000,000,000, to remain available until September 30, 2026, shall be 
for the Ukraine Security Assistance Initiative: Provided further, That 
such funds for the Ukraine Security Assistance Initiative shall be 
available to the Secretary of Defense under the same terms and 
conditions as are provided for under this heading in the Additional 
Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law 
117-328), and shall be available notwithstanding section 8135 of the 
Department of Defense Appropriations Act, 2023 (division C of Public 
Law 117-328) or any similar provision in any other Act making 
appropriations for the Department of Defense: Provided further, That 
amounts made available under this heading in this Act shall be 
available to the Secretary of Defense, with concurrence from the 
Secretary of State, to provide funding to the recipients of Ukraine 
Security Assistance Initiative support identified in section 8110 of 
the Department of Defense Appropriations Act, 2023 and to provide 
funding to international trust funds or entities operating for the 
purpose of providing support to such recipients: Provided further, That 
of the total amount provided under this heading, up to $18,000,000,000, 
to remain available until September 30, 2026, may be transferred to 
accounts under the headings ``Operation and Maintenance'', 
``Procurement'', ``Research, Development, Test and Evaluation'', and 
``Revolving and Management Funds'' for replacement, through new 
procurement or repair of existing unserviceable equipment, of defense 
articles from the stocks of the Department of Defense, and for 
reimbursement for defense services of the Department of Defense and 
military education and training, provided to the government of Ukraine 
or to foreign countries that have provided support to Ukraine at the 
request of the United States: Provided further, That amounts made 
available under this heading may also be transferred to accounts under 
the heading ``Procurement'' for expansion of public and private plants, 
including the land necessary therefor, and procurement and installation 
of equipment, appliances, and machine tools in such plants, for the 
purpose of increasing production of critical munitions: Provided 
further, That funds transferred pursuant to a transfer authority 
provided under this heading shall be merged with and available for the 
same purposes and for the same time period as the appropriations to 
which the funds are transferred: Provided further, That the Secretary 
of Defense shall notify the Congressional defense committees of the 
details of such transfers not less than 15 days before any such 
transfer: Provided further, That upon a determination that all or part 
of the funds transferred from this appropriation are not necessary for 
the purposes provided herein, such amounts may be transferred back and 
merged with this appropriation: Provided further, That up to 
$4,000,000,000 of the funds made available under this heading may be 
transferred between the Ukraine Security Assistance Initiative and the 
funds provided for the replacement of defense articles: Provided 
further, That transfer authority provided under this heading is in 
addition to any other transfer authority provided by law: Provided 
further, That such amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That such amount shall be available only if the President designates 
such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                              PROCUREMENT

                       missile procurement, army

    For an additional amount for ``Missile Procurement, Army'', 
$846,226,000, to remain available until September 30, 2026, to respond 
to the situation in Ukraine and for related expenses. Provided, That 
such amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That such 
amount shall be available only if the President designates such amount 
as an emergency requirement pursuant to section 251(b)(2)(A).

                    procurement of ammunition, army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$2,510,300,000, to remain available until September 30, 2026, to 
respond to the situation in Ukraine and for related expenses. Provided, 
That such amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That such amount shall be available only if the President designates 
such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                       weapons procurement, navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$117,500,000, to remain available until September 30, 2026, to respond 
to the situation in Ukraine and for related expenses. Provided, That 
such amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That such 
amount shall be available only if the President designates such amount 
as an emergency requirement pursuant to section 251(b)(2)(A).

            procurement of ammunition, navy and marine corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $175,000,000, to remain available until September 30, 
2026, to respond to the situation in Ukraine and for related expenses. 
Provided, That such amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That such amount shall be available only if the President 
designates such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                        other procurement, navy

    For an additional amount for ``Other Procurement, Navy'', 
$26,000,000, to remain available until September 30, 2026, to respond 
to the situation in Ukraine and for related expenses. Provided, That 
such amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That such 
amount shall be available only if the President designates such amount 
as an emergency requirement pursuant to section 251(b)(2)(A).

                    aircraft procurement, air force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$1,750,000, to remain available until September 30, 2026, to respond to 
the situation in Ukraine and for related expenses. Provided, That such 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That such 
amount shall be available only if the President designates such amount 
as an emergency requirement pursuant to section 251(b)(2)(A).

                      other procurement, air force

    For an additional amount for ``Other Procurement, Air Force'', 
$2,646,928,000, to remain available until September 30, 2026, to 
respond to the situation in Ukraine and for other expenses. Provided, 
That such amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That such amount shall be available only if the President designates 
such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                       procurement, defense-wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$46,780,000, to remain available until September 30, 2026, to respond 
to the situation in Ukraine and for related expenses. Provided, That 
such amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That such 
amount shall be available only if the President designates such amount 
as an emergency requirement pursuant to section 251(b)(2)(A).

              RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

            research, development, test and evaluation, army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $16,518,000, to remain available until September 
30, 2025, to respond to the situation in Ukraine and for related 
expenses. Provided, That such amount is designated by the Congress as 
an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That such amount shall be available only if the 
President designates such amount as an emergency requirement pursuant 
to section 251(b)(2)(A).

            research, development, test and evaluation, navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $12,281,000, to remain available until September 
30, 2025, to respond to the situation in Ukraine and for related 
expenses. Provided, That such amount is designated by the Congress as 
an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That such amount shall be available only if the 
President designates such amount as an emergency requirement pursuant 
to section 251(b)(2)(A).

         research, development, test and evaluation, air force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $361,411,000, to remain available until 
September 30, 2025, to respond to the situation in Ukraine and for 
related expenses. Provided, That such amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That such amount shall be available only if 
the President designates such amount as an emergency requirement 
pursuant to section 251(b)(2)(A).

        research, development, test and evaluation, defense-wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $172,451,000, to remain available until 
September 30, 2025, to respond to the situation in Ukraine and for 
related expenses. Provided, That such amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That such amount shall be available only if 
the President designates such amount as an emergency requirement 
pursuant to section 251(b)(2)(A).

                     GENERAL PROVISIONS-THIS TITLE

    Sec. 1001.  Upon the determination of the Secretary of Defense that 
such action is necessary in the national interest, the Secretary may, 
with the approval of the Office of Management and Budget, transfer up 
to $4,000,000,000 between the appropriations or funds made available to 
the Department of Defense in this Act: Provided, That the Secretary 
shall notify the Congress promptly of each transfer made pursuant to 
the authority in this paragraph: Provided further, That the authority 
provided in this paragraph is in addition to any other transfer 
authority otherwise provided by law and is subject to the same terms 
and conditions as the authority provided in section 8005 of the 
Department of Defense Appropriations Act, 2023, or any similar 
provision in any subsequent Act making appropriations for the 
Department of Defense for Fiscal Year 2024, except for monetary 
limitations concerning the amount of authority available.
    Sec. 1002.  Upon the determination of the Secretary of Defense that 
such action is necessary in the national interest, the Secretary may, 
with the approval of the Office of Management and Budget, transfer up 
to $1,000,000,000 of the funds made available to the Director of 
National Intelligence for the National Intelligence Program in this Act 
between such appropriations or funds or any subdivision thereof, to be 
merged with and to be available for the same purposes, and for the same 
time period, as the appropriation or fund to which the amount is 
transferred: Provided, That the Director of National Intelligence shall 
notify the Congress promptly of all transfers made pursuant to this 
authority: Provided further, That the transfer authority provided by 
this paragraph is in addition to any transfer authority otherwise 
provided by law.

                     TITLE II--DEPARTMENT OF ENERGY

                          DEPARTMENT OF ENERGY

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                     federal salaries and expenses

    For an additional amount for ``Federal Salaries and Expenses'', 
$5,540,000, to remain available until September 30, 2025, to respond to 
the situation in Ukraine and for related expenses. Provided, That such 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That such 
amount shall be available only if the President designates such amount 
as an emergency requirement pursuant to section 251(b)(2)(A).

                    defense nuclear nonproliferation

    For an additional amount for ``Defense Nuclear Nonproliferation'', 
$143,915,000, to remain available until expended, to respond to the 
situation in Ukraine and for related expenses. Provided, That such 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That such 
amount shall be available only if the President designates such amount 
as an emergency requirement pursuant to section 251(b)(2)(A).

               INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

               intelligence community management account

    For an additional amount for ``Intelligence Community Management 
Account'', $2,000,000, to remain available until September 30, 2024, to 
respond to the situation in Ukraine and for related expenses. Provided, 
That such amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That such amount shall be available only if the President designates 
such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

              DIVISION B--SUPPLEMENTAL FUNDING FOR ISRAEL

                DEPARTMENT OF DEFENSE-MILITARY PROGRAMS

                       OPERATIONS AND MAINTENANCE

                operation and maintenance, defense-wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $4,400,000,000, to remain available until September 30, 2025, 
to respond to the situation in Israel and for related expenses: 
Provided, That amounts made available by under this heading shall be 
available for transfer to accounts under the headings ``Operation and 
Maintenance'', ``Procurement'', ``Research, Development, Test and 
Evaluation'', and ``Revolving and Management Funds'' for replacement, 
through new procurement or repair of existing unserviceable equipment, 
of defense articles from the stocks of the Department of Defense, and 
for reimbursement for defense services of the Department of Defense and 
military education and training, provided to or identified for 
provision to Israel or to foreign countries that have provided support 
to Israel at the request of the United States: Provided further, That 
amounts made available under this heading may also be transferred to 
accounts under the heading ``Procurement'' for expansion of public and 
private plants, including the land necessary therefore, and procurement 
and installation of equipment, appliances, and machine tools in such 
plants, for the purpose of increasing production of critical munitions: 
Provided further, That of amounts made available under this heading may 
also be transferred to accounts under the heading ``Procurement'' and 
``Research, Development, Test and Evaluation'' for the acquisition of 
critical defense articles: Provided further, That funds transferred 
pursuant to a transfer authority provided under this heading shall be 
merged with and available for the same purposes and for the same time 
period as the appropriations to which the funds are transferred: 
Provided further, That the Secretary of Defense shall notify the 
congressional defense committees of the details of such transfers not 
less than 15 days before any such transfer: Provided further, That upon 
a determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided under this 
heading, such amounts may be transferred back and merged with this 
appropriation: Provided further, That amounts may be transferred 
between appropriations made under this heading: Provided further, That 
any transfer authority provided under this heading is in addition to 
any other transfer authority provided by law: Provided further, That 
such amount in this paragraph is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That such amounts shall be available only if the President 
designates such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                    procurement of ammunition, army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$801,400,000, to remain available until September 30, 2026, to respond 
to the situation in Israel and for related expenses. Provided, That 
such amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That such 
amount shall be available only if the President designates such amount 
as an emergency requirement pursuant to section 251(b)(2)(A).

                       procurement, defense-wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$4,000,000,000, to remain available until September 30, 2027, for the 
Secretary of Defense to provide to the Government of Israel for the 
procurement of the Iron Dome and David's Sling defense systems to 
counter short-range rocket threats: Provided, That such funds shall be 
transferred pursuant to an exchange of letters and are in addition to 
funds provided pursuant to the U.S.-Israel Iron Dome Procurement 
Agreement, as amended: Provided further, That nothing under this 
heading shall be construed to apply to amounts made available in prior 
appropriations Acts for the procurement of the Iron Dome and David's 
Sling defense systems: Provided further, That such amount is designated 
by the Congress as being for an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That such amounts 
shall be available only if the President designates such amount as an 
emergency requirement pursuant to section 251(b)(2)(A).

                    defense production act purchases

    For an additional amount for ``Defense Production Act Purchases'', 
$198,600,000, to remain available until expended, for activities by the 
Department of Defense pursuant to sections 108, 301, 302, and 303 of 
the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 
4533): Provided, That such amounts shall be obligated and expended by 
the Secretary of Defense as if delegated the necessary authorities 
conferred by the Defense Production Act of 1950: Provided further, That 
such amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That such 
amount shall be available only if the President designates such amount 
as an emergency requirement pursuant to section 251(b)(2)(A).

              RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

        research, development, test and evaluation, defense-wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $1,200,000,000, to remain available until 
September 30, 2026, for the Secretary of Defense to provide to the 
Government of Israel for the development of the Iron Beam defense 
system to counter short-range rocket threats: Provided, That such funds 
shall be transferred pursuant to an exchange of letters: Provided 
further, That nothing in the preceding proviso shall be construed to 
apply to amounts made available in prior appropriations Acts for the 
development of the Iron Beam defense system: Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That such amounts shall be available only if the President designates 
such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                    GENERAL PROVISIONS-THIS DIVISION

    Sec. 2001.  Section 12001 of the Department of Defense 
Appropriations Act, 2005 (Public Law 108-287), as amended by Public Law 
115-141, is amended as follows:
    (1) In paragraph (2) of subsection (a), by striking ``armor'' and 
all that follows through the end of the paragraph and inserting 
``defense articles that are in the inventory of the Department of 
Defense as of the date of transfer, are intended for use as reserve 
stocks for Israel, and are located in a stockpile for Israel as of the 
date of transfer'';
    (2) In subsection (b), by striking ``at least equal to the fair 
market value of the items transferred'' and inserting ``in an amount to 
be determined by the Secretary of Defense''; and
    (3) In subsection (c), by inserting before the comma in the first 
sentence the following: ``, or as far in advance of such transfer as is 
practicable as determined by the President on a case-by-case basis 
during extraordinary circumstances impacting the national security of 
the United States''.
    Sec. 2002.  For fiscal year 2024, section 514(b) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321h(b)) shall not apply to defense 
articles to be set aside, earmarked, reserved, or intended for use as 
reserve stocks in stockpiles in the State of Israel.
                                 <all>
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