Sec. 1275. Rules governing the transfer of precision-guided munitions to Israel above the annual restriction

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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— all other requirements set forth in the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.); and the requirements set forth in the Arms Export Control Act ( 22 U.S.C. 2751 et seq.). 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— does not affect the ability of the United States to maintain a sufficient supply of precision-guided munitions to satisfy United States warfighting requirements; does not harm the combat readiness of the United States; 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 is in the national security interest of the United States. 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. 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— certify to the appropriate congressional committees that the transfer supports the national security interests of the United States; and 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. The Secretary of Defense shall conduct an assessment with respect to the following matters: The current quantity and type of precision-guided munitions in the stockpile pursuant to section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011), as amended. The quantity and type of precision-guided munitions necessary for Israel to combat Hezbollah and hostile forces that threaten Israel. The quantity and type of precision-guided munitions necessary for Israel in the event of a sustained armed confrontation with other armed groups and terrorist organizations. The current United States inventory of precision-guided munitions of the type specified in subparagraphs (A), (B), and

(C)and ability of that inventory to meet requirements of current Operation Plans. Department of Defense efforts to expand precision-guided munitions production and stockpiles to meet operational requirements. Israel’s efforts to expand precision-guided munitions production and stockpiles to meet operational requirements. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the results of the assessment required by paragraph (1), including a description of such results with respect to each matter described in that paragraph. The report required by subparagraph

(A)shall be submitted in classified form. The authority of the President to transfer precision-guided munitions under this section shall terminate on the date that is three years after the date of the enactment of this Act.

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