
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2428b]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                   Part III--Miscellaneous Provisions
 
Sec. 2428b. Special security assistance for modernization of 
        Armed Forces of Korea
        

(a) Transfer authority of President of defense articles and services 
        located in Korea; applicable terms and conditions; reimbursement

    (1) The President is authorized until December 31, 1982--
        (A) to transfer, without reimbursement, to the Republic of 
    Korea, only in conjunction with the withdrawal of the 2d Infantry 
    Division and support forces from Korea, such United States 
    Government-owned defense articles as he may determine which are 
    located in Korea in the custody of units of the United States Army 
    scheduled to depart from Korea; and
        (B) to furnish to the Republic of Korea, without reimbursement, 
    defense services (including technical and operational training) in 
    Korea directly related to the United States Government-owned defense 
    articles transferred to the Republic of Korea under this subsection.

    (2) Any transfer under the authority of this section shall be made 
in accordance with all the terms and conditions of the Foreign 
Assistance Act of 1961 [22 U.S.C. 2151 et seq.] applicable to the 
furnishing of defense articles and defense services under chapter 2 of 
part II of that Act [22 U.S.C. 2311 et seq.], except that no funds 
heretofore or hereafter appropriated under that Act shall be available 
to reimburse any agency of the United States Government for any such 
transfer or related services.

(b) Additional transfer authority of President of defense articles 
        located outside of Korea; prerequisites for determinations 
        respecting transfers; report by President to Congress of 
        determinations

    In order that transfers of defense articles under subsection (a) of 
this section will not cause significant adverse impact on the readiness 
of the Armed Forces of the United States, the President is authorized, 
in lieu of such transfers, to transfer additional defense articles from 
the stocks of the Department of Defense, wherever located, to the 
Republic of Korea to compensate for the military capability of defense 
articles withdrawn from Korea in any case where he determines that--
        (1) the transfer of specific defense articles located in Korea 
    would have a significant adverse impact on the readiness of the 
    United States Armed Forces;
        (2) the defense capability provided by those defense articles is 
    needed by the Armed Forces of the Republic of Korea in order to 
    maintain the military balance on the Korean peninsula; and
        (3) a comparable defense capability could be provided by less 
    advanced defense articles in the stocks of the Department of Defense 
    which could be transferred without significant adverse impact on the 
    readiness of the United States Armed Forces.

The President shall report to the Congress each determination made under 
this subsection prior to the transfer of the defense articles described 
in such determination.

(c) Report by President to Congress of types, etc., of transferred 
        defense articles

    The President shall transmit to the Congress, together with the 
presentation materials for security assistance programs proposed for 
each fiscal year through and including the fiscal year 1983, a report 
describing the types, quantities, and value of defense articles 
furnished or intended to be furnished to the Republic of Korea under 
this section.

(d) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(12), Dec. 29, 1981, 
        95 Stat. 1560

(e) Congressional policy respecting further troop withdrawals

    (1) It is the sense of the Congress that further withdrawal of 
ground forces of the United States from the Republic of Korea may 
seriously risk upsetting the military balance in that region and 
requires full advance consultation with the Congress.
    (2) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(12), Dec. 29, 
1981, 95 Stat. 1560.

(Pub. L. 95-384, Sec. 23, Sept. 26, 1978, 92 Stat. 743; Pub. L. 97-113, 
title VII, Sec. 734(a)(12), Dec. 29, 1981, 95 Stat. 1560.)

                       References in Text

    The Foreign Assistance Act of 1961, referred to in subsec. (a)(2), 
is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is 
classified principally to this chapter (Sec. 2151 et seq.). Chapter 2 of 
part II of that Act is classified generally to part II (Sec. 2311 et 
seq.) of subchapter II of this chapter. For complete classification of 
this Act to the Code, see Short Title note set out under section 2151 of 
this title and Tables.

                          Codification

    Section was enacted as part of the International Security Assistance 
Act of 1978, and not as part of the Foreign Assistance Act of 1961 which 
comprises this chapter.


                               Amendments

    1981--Subsec. (d). Pub. L. 97-113 struck out subsec. (d) which 
required Presidential reports to Congress respecting viability of troop 
withdrawals from Korea.
    Subsec. (e)(2). Pub. L. 97-113 struck out par. (2) which required 
Presidential reports to Congress respecting effect of further troop 
withdrawals from Korea.
