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Referenced Laws
50 U.S.C. 4518
22 U.S.C. 2318(a)
22 U.S.C. 2348a(c)
22 U.S.C. 2364(a)(4)
22 U.S.C. 2751 et seq.
22 U.S.C. 2360
Public Law 108–287
Public Law 115–141
22 U.S.C. 2321h(b)
8 U.S.C. 1189
Section 1
201. Drawdown authority Section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)) is amended by adding at the end the following new paragraph: For fiscal year 2024, in addition to amounts otherwise specified in this section, the President may direct the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value not to exceed $7,000,000,000, to be provided to Israel. Section 506(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)) is amended by adding at the end the following new subparagraph: For fiscal year 2024, in addition to amounts otherwise specified in this section, an aggregate value not to exceed $200,000,000 of any such articles, services, and military education and training may be provided to Israel pursuant to subparagraph (A) of this paragraph, not more than $75,000,000 of which may be provided from the drawdown from the inventory and resources of the Department of Defense. Section 552(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2348a(c)) is amended by adding at the end the following: For fiscal year 2024, in addition to the aggregate value of $25,000,000 authorized in the text in paragraph (1) designated as paragraph (2) of the sentence preceding the immediately preceding sentence, the President may direct the drawdown of commodities and services from the inventory and resources of any agency of the United States Government for the purposes of providing necessary and immediate assistance to Israel of a value not to exceed $25,000,000.. Section 614(a)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)(4)) is amended by adding at the end the following new subparagraph: Notwithstanding the limitations in this subsection and in addition to other amounts in this subsection, in fiscal year 2024, the authority of this subsection may be used to authorize the use of up to $1,000,000,000 of funds made available for use under this chapter or the Arms Export Control Act (22 U.S.C. 2751 et seq.), to be provided to Israel. During fiscal year 2024, section 610(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2360) shall be applied by substituting 20 per centum for 10 per centum and 40 per centum for 20 per centum. (4)For fiscal year 2024, in addition to amounts otherwise specified in this section, the President may direct the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value not to exceed $7,000,000,000, to be provided to Israel.. (C)For fiscal year 2024, in addition to amounts otherwise specified in this section, an aggregate value not to exceed $200,000,000 of any such articles, services, and military education and training may be provided to Israel pursuant to subparagraph (A) of this paragraph, not more than $75,000,000 of which may be provided from the drawdown from the inventory and resources of the Department of Defense.. (D)Notwithstanding the limitations in this subsection and in addition to other amounts in this subsection, in fiscal year 2024, the authority of this subsection may be used to authorize the use of up to $1,000,000,000 of funds made available for use under this chapter or the Arms Export Control Act (22 U.S.C. 2751 et seq.), to be provided to Israel..
Section 2
202. Department of Defense stockpiles 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: in paragraph (2) of subsection (a), by striking armor and all that follows through the period at the end 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.; 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 in subsection (c), by inserting after authority of this section 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.
Section 3
203. Fiscal year limits on new stockpiles or additions to existing stockpiles located in foreign countries 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.
Section 4
204. General authorities and conditions Unless otherwise provided for by this Act, the additional amounts appropriated to appropriations accounts in this Act shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2024.
Section 5
205. Limitations None of the amounts appropriated or otherwise made available by this Act may be obligated or expended— in connection with the war in Ukraine; or for assistance to any entity that is— located in the territory of Gaza; or is controlled or influenced by Hamas, Palestinian Islamic Jihad, or any other organization designated by the Secretary of State as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
Section 6
206. Rule of construction Nothing in this Act may be construed to constitute a specific statutory authorization for the introduction of United States Armed Forces into hostilities or into situations wherein hostilities are clearly indicated by the circumstances.
Section 7
207. Short title This Act may be cited as the Israel Supplemental Appropriations Act of 2023.