Sec. 202. Military assistance

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The President is authorized, notwithstanding any other provision of law, to direct the drawdown of defense articles from the stocks of the Department of Defense, defense services from the Department of Defense, and military education and training for an entity operating inside Syria that is not ineligible under section 203. Such assistance may include the following: Non-lethal military equipment and defense information, including— protective gear, including flak jackets and other forms of body armor; individual equipment, tents, and organizational tool sets; and communications equipment.

Subject to the President making the certification required under subsection (g), lethal military equipment, including— defense articles; and defense services. Defense articles provided pursuant to this section may not include anti-aircraft defensive systems. The President may waive the restriction under subsection

(b)if— it is in the vital national security interest to do so; the President notifies Congress not later than 15 days before such waiver shall be issued; the President transmits to the appropriate congressional committees a report described in subsection

(h)with the certification required under subsection

(g)specifically with respect to anti-aircraft systems not later than 15 days before the issuance of such a waiver; and the President certifies that the United States has consulted with regional allies regarding the systems provided. The President shall notify the appropriate congressional committees at least 15 days in advance of each obligation of assistance under this section, including a detailed description of the assistance to be provided, in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 ). Defense articles, defense services, and military education and training provided under subsection

(a)shall be made available without reimbursement to the Department of Defense except to the extent that funds are appropriated pursuant to paragraph (2). There are authorized to be appropriated to the President for fiscal year 2013 such sums as may be necessary to reimburse the applicable appropriation, fund, or account for the value of the defense articles, defense services, or military education and training provided under subsection

(a)of this section. Amounts authorized to be appropriated under this section are authorized to remain available until expended, and are in addition to amounts otherwise available for the purposes described in this section. The President shall certify, and include in each notification submitted pursuant to subsection (a)(2) and (c)(3), that the defense articles, defense services, and military education and training to be provided under this section to an entity operating inside Syria are consistent with the maintenance of regional stability and with the overall security and stability of neighboring friends and allies. The report referred to in subsection (c)(3) is a report that contains a detailed description of the following: The intended recipients of the anti-aircraft defense systems that are at issue. The areas where such systems would be deployed. The targets against which such systems would be deployed. An assessment of how such systems would affect the military and humanitarian situation in Syria. An assessment of the risks and benefits of the intended transfer of such systems.

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22 USC 2394–1

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Sec. 202

Military assistance

Cite22 USC 2394–1

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