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

Federal law — U.S. Code and appendices · legal_authorities

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

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Stable record: federal_law:legal_authorities:record_usc_850934713c77a1fcd33f9f91
Source file: Laws/federal/codes/united-states-code/title-22/section-2428b-special-security-assistance-for-modernization-of-armed-forces-of-korea--acba6bead8.md
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Source location: Title 22, Chapter 32, § 2428b; chapter-032-foreign-assistance.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2311&num=0&edition=prelim) 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) 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, § 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, § 734(a)(12), Dec. 29, 1981, 95 Stat. 1560.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2311 — General authority

**(a) Defense articles and services; noncombatant personnel; transfer of funds** The President is authorized to furnish military assistance, on such terms and conditions as he may determine, to any friendly country or international organization, the assisting of which the President finds will strengthen the security of the United States and promote world peace and which is otherwise eligible to receive such assistance, by— (1) acquiring for any source and providing (by loan or grant) any defense article or defense service; (2) assigning or detailing members of the Armed Forces of the United States and other personnel of the Department of Defense to perform duties of a noncombatant nature; or (3) transferring such of the funds appropriated or otherwise made available under this part as the President may determine for assistance to a recipient country, to the account in which funds for the procurement of defense articles and defense services under section 21 and section 22 of the Arms Export Control Act [[22 U.S.C. 2761](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761&num=0&edition=prelim) and 2762] have been deposited for such recipient, to be merged with such deposited funds, and to be used solely to meet obligations of the recipient for payment for sales under that Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.]. Sales which are wholly paid from funds transferred under paragraph (3) or from funds made available on a non-repayable basis under section 23 of the Arms Export Control Act [[22 U.S.C. 2763](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2763&num=0&edition=prelim)] shall be priced to exclude the costs of salarie

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of policy

(a) United States development cooperation policy

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of

Page 532 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151 Sec. 2394a. Extortion and illegal payments to offi- cials of foreign countries receiving international security assistance. 2394b. HELP Commission. 2394c. Information on covered United States foreign assistance programs. 2395. General authorities. 2395a. International agreements concerning debt relief; transmittal to congres- sional committees. 2396. Availability of funds. 2396a. Property Management Fund. 2396b. USAID Buying Power Maintenance Ac- count. 2397. Administrative expenses. 2398. Assistance to countries pursuant to other statutes. 2399 to 2399a. Repealed or Transferred. 2399b. False claims and ineligible commodities. 2399c. Coordination of policies and programs. 2399d. Shipping differential. PART III—MISCELLANEOUS PROVISIONS 2401. Effective date; identification of pro- grams. 2402. Saving provisions. 2403. Definitions. 2404. Unexpended balances. 2405. Separability. 2406. Development programs for dependable fuel supplies. 2407. Special authorization for use of foreign currencies. 2408. Repealed. 2409. Use of United States Armed Forces. 2410, 2410a. Repealed. 2411. Limitation upon exercise of special au- thorities. 2412. Limitation on foreign assistance appro- priations. 2413. Changes in allocation of foreign assist- ance. 2414. Presidential findings and determina- tions. 2414a. Annual report to Congress on voting practices at United Nations. 2415. Annual military assistance report. 2416. Annual foreign military training report. 2417 to 2419. Repealed. 2420. Police training prohibition. 2421. Trade and Development Agency. 2421a. Capital projects office within Agency for International Development. 2421b. Capital projects for

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2151

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2311 — General authority

Page 780 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2305 EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2305. National Security Assistance Strategy (a) Multiyear plan Not later than 180 days after October 6, 2000, and annually thereafter at the time of submis- sion of the congressional presentation materials of the foreign operations appropriations budget request, the Secretary of State should submit to the appropriate committees of Congress a plan setting forth a National Security Assistance Strategy for the United States. (b) Elements of the Strategy The National Security Assistance Strategy should— (1) set forth a multi-year plan for security assistance programs; (2) be consistent with the National Security Strategy of the United States; (3) be coordinated with the Secretary of De- fense and the Chairman of the Joint Chiefs of Staff; (4) be prepared, in consultation with other agencies, as appropriate; (5) identify overarching security assistance objectives, including identification of the role that specific security assistance programs will play in achieving such objectives; (6) identify a primary security assistance ob- jective, as well as specific secondary objec- tives, for individual countries; (7) identify, on a country-by-country basis, how specific resources will be allocated to ac- complish both primary and secondary objec- tives; (8) discuss how specific types of assistance,

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2311

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2428b — Special security assistance for mod-

Page 944 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2428 56673, as amended, set out as a note under section 2381 of this title. § 2428. Repealed. Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560 Section, Pub. L. 87–195, pt. III, § 668, as added Pub. L. 94–329, title IV, § 411, June 30, 1976, 90 Stat. 760, required annual reports respecting the Republic of Korea’s armed forces modernization and self-sufficiency pro- gram, the role of the United States in the security of the Republic of Korea, and prospects for a withdrawal of United States forces from the country. See section 2375 of this title. § 2428a. Congressional declaration of policy to- ward Korea; transmittal of report to Speaker of the House and Congressional committees (a) The Congress declares that— (1) United States policy toward Korea should continue to be arrived at by joint decision of the President and the Congress; (2) in any implementation of the President’s policy of gradual and phased reduction of United States ground forces from the Republic of Korea, the United States should seek to ac- complish such reduction in stages consistent with United States interests in Asia, notably Japan, and with the security interests of the Republic of Korea; (3) any implementation of this policy should be carried out with a careful regard to the in- terest of the United States in continuing its close relationship with the people and govern- ment of Japan, in fostering democratic prac- tices in the Republic of Korea, and in main- taining stable relations among the countries of East Asia; and (4) these interests can be served most effec- tively by a policy which involves consulta- tions by the United States Government, as ap- propriate, with the governments of the region,

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2428b

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