; (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 . 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.