§ 2428b. Special security assistance for modernization of Armed Forces of Korea

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–384 § 23 · 92 Stat. 730

   Enacted · 22 U.S.C. § 2428b

   Pub. L. 95–384, § 23, Sept. 26, 1978, 92 Stat. 743

   Source evidence

   Code source credit
   Pub. L. 95–384, § 23, Sept. 26, 1978, 92 Stat. 743

   Enacted provision · exact public law section
   Sec. 23. (a) (1) The President is authorized until December 31, 22 USC 2428b. 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 22 USC 2151 note. 22 USC 2311. Act of 1961 applicable to the furnishing of defense articles and defense services under chapter 2 of part II of that Act, 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) In order that transfers of defense articles under subsection (a) 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of Defense, wherever located, to the Republic of Korea to compensate for the military capability of defense articles withdrawn from Korea in any case where he determines that— (1) the transfer of specific defense articles located in Korea would have a significant adverse impact on the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 Report to Congress. 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) 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) The President should also transmit to the Congress, 120 days prior to each phase of troop withdrawal, a report on the viability of the withdrawal. This report should include assessments of the military balance on the Korean peninsula, the impact of withdrawal on the military balance, the adequacy of United States military assistance to the Republic of Korea, the impact of withdrawal on the United Nations and the Republic of Korea command structure. Republic of Korea defensive fortifications and defense industry developments, the United States reinforcement capability, and the progress of diplomatic efforts to reduce tensions in the area. (e) (1) It Congressional consultation. 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) Prior to any further withdrawal, the President shall report to Report to Congress. the Congress on the effect of any proposed withdrawal plan on preserving deterrence in Korea, the reaction anticipated from North Korea, the effect of the plan on increasing incentives for the Republic of Korea to develop an independent nuclear deterrent, the effect of any withdrawal on our long-term military and economic partnership with Japan, the effect of any proposed withdrawal on the United States-Chinese and United States-Soviet military balance, and the possible implications of any proposed withdrawal on the Soviet-Chinese military situation.

2. 1981

   Pub. L. 97–113 title VII § 734(a)(12) · 95 Stat. 1519

   Struck · 22 U.S.C. § 2428b(d)

   Pub. L. 97–113 struck out subsec. (d) which required Presidential reports to Congress respecting viability of troop withdrawals from Korea

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 97–113 struck out subsec. (d) which required Presidential reports to Congress respecting viability of troop withdrawals from Korea.

   Enacted provision · exact public law section
   (12) The International Security Assistance Act of 1978: Sections 15(b), 23(d), 23(e)(2), 24(c), 25, and 27.

3. 1981

   Pub. L. 97–113 title VII § 734(a)(12) · 95 Stat. 1519

   Struck · 22 U.S.C. § 2428b(e)(2)

   Pub. L. 97–113 struck out par. (2) which required Presidential reports to Congress respecting effect of further troop withdrawals from Korea

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (12) The International Security Assistance Act of 1978: Sections 15(b), 23(d), 23(e)(2), 24(c), 25, and 27.

3 of 3 references resolved to an enrolled provision