22 U.S.C. § 2428b — Special security assistance for modernization of Armed Forces of Korea

(a) Transfer authority for defense articles and services in Korea.

(1) The President was authorized until December 31, 1982—

(A) to transfer to South Korea, without reimbursement and only together with the withdrawal of the 2d Infantry Division and support forces from Korea, U.S.-Government-owned defense articles located in Korea and held by departing Army units, as the President determined; and

(B) to provide South Korea, without reimbursement, defense services in Korea, including technical and operational training, directly related to the transferred articles.

(2) A transfer under this section had to follow all terms and conditions of the Foreign Assistance Act of 1961 that applied to providing defense articles and services under chapter 2 of part II of that Act. However, funds appropriated under that Act, whether before or after the transfer, could not reimburse a U.S. Government agency for the transfer or related services.

(b) Additional transfer authority for articles outside Korea. To prevent transfers under subsection (a) from significantly harming the readiness of the U.S. Armed Forces, the President could, instead of those transfers, transfer additional defense articles from Department of Defense stocks wherever located to South Korea. These articles would compensate for the military capability of articles withdrawn from Korea, but only if the President determined that—

(1) transferring the specific articles in Korea would significantly harm the readiness of the U.S. Armed Forces;

(2) South Korea’s Armed Forces needed the capability provided by those articles to maintain the military balance on the Korean peninsula; and

(3) less advanced articles in Department of Defense stocks could provide a comparable capability and could be transferred without significantly harming U.S. military readiness.

Before transferring the articles covered by a determination, the President had to report that determination to Congress.

(c) Report on transferred articles. With the presentation materials for security-assistance programs proposed for each fiscal year through fiscal year 1983, the President had to send Congress a report describing the types, quantities, and value of defense articles provided or intended to be provided to South Korea under this section.

(d) Repealed. This subsection was repealed by Pub. L. 97–113, title VII, § 734(a)(12), December 29, 1981, 95 Stat. 1560.

(e) Congressional policy on further troop withdrawals.

(1) Congress expressed its view that further withdrawal of U.S. ground forces from South Korea might seriously risk upsetting the military balance in the region and required full advance consultation with Congress.

(2) Repealed. This provision was repealed by Pub. L. 97–113, title VII, § 734(a)(12), December 29, 1981, 95 Stat. 1560.