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 Repealed.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, particularly those directly involved. (b)(1) Any implementation of the foregoing policy shall be carried out in regular consulta- tion with the Congress. (2) Repealed. Pub. L. 103–236, title I, § 139(5), Apr. 30, 1994, 108 Stat. 398. (Pub. L. 95–105, title V, § 512, Aug. 17, 1977, 91 Stat. 861; Pub. L. 103–236, title I, § 139(5), Apr. 30, 1994, 108 Stat. 398.) Editorial Notes CODIFICATION Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Year 1978, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter. AMENDMENTS 1994—Subsec. (b)(2). Pub. L. 103–236 struck out par. (2) which read as follows: ‘‘Not later than February 15, 1978, and not later than February 15 of each year there- after until any such withdrawal is completed, the President shall transmit a report in writing to the Speaker of the House of Representatives and the Com- mittees on Foreign Relations, Armed Services, and In- telligence of the Senate assessing the implementation of the foregoing policy.’’ § 2428b. Special security assistance for mod- ernization of Armed Forces of Korea (a) Transfer authority of President of defense ar- ticles and services located in Korea; applica- ble 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 Divi- sion and support forces from Korea, such United States Government-owned defense arti- cles 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, with- out reimbursement, defense services (includ- ing technical and operational training) in Korea directly related to the United States Government-owned defense articles trans- ferred to the Republic of Korea under this sub- section. (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 here- tofore 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 au- thorized, in lieu of such transfers, to transfer ad- ditional defense articles from the stocks of the Department of Defense, wherever located, to the Republic of Korea to compensate for the mili- tary capability of defense articles withdrawn from Korea in any case where he determines that— (1) the transfer of specific defense articles lo- cated in Korea would have a significant ad- verse 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 ad- verse 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. Page 945 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2429a–2 (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 se- curity 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 in- tended 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. (Pub. L. 95–384, § 23, Sept. 26, 1978, 92 Stat. 743; Pub. L. 97–113, title VII, § 734(a)(12), Dec. 29, 1981, 95 Stat. 1560.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (a)(2), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to this chapter (§ 2151 et seq.). Chapter 2 of part II of that Act is classified gen- erally to part II (§ 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 Se- curity 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 re- specting viability of troop withdrawals from Korea. Subsec. (e)(2). Pub. L. 97–113 struck out par. (2) which required Presidential reports to Congress respecting ef- fect of further troop withdrawals from Korea. §§ 2429, 2429a. Repealed. Pub. L. 103–236, title VIII, § 826(b), Apr. 30, 1994, 108 Stat. 519 Section 2429, Pub. L. 87–195, pt. III, § 669, as added Pub. L. 94–329, title III, § 305, June 30, 1976, 90 Stat. 755; amended Pub. L. 95–92, § 12, Aug. 4, 1977, 91 Stat. 620; Pub. L. 95–384, §§ 10(b)(4), 12(c)(3), Sept. 26, 1978, 92 Stat. 735, 737; Pub. L. 97–113, title VII, § 737(b), Dec. 29, 1981, 95 Stat. 1562, related to nuclear enrichment transfers by or to recipients of economic, military or security supporting assistance from the United States. See sec- tion 2799aa of this title. Section 2429a, Pub. L. 87–195, pt. III, § 670, as added Pub. L. 95–92, § 12, Aug. 4, 1977, 91 Stat. 620; amended Pub. L. 95–384, §§ 10(b)(4), 12(c)(3), Sept. 26, 1978, 92 Stat. 735, 737; Pub. L. 97–113, title VII, § 737(c), Dec. 29, 1981, 95 Stat. 1562; Pub. L. 99–83, title XII, § 1204(a), (b), Aug. 8, 1985, 99 Stat. 277, prohibited assistance to countries involved in transfer of nuclear reprocessing equipment, materials, or technology. See section 2799aa–1 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal by section 826(b) of Pub. L. 103–236 effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as an Effective Date note under section 6301 of this title. § 2429a–1. Annual report on nuclear transfer ac- tivities Beginning with the fiscal year 1983 and for each fiscal year thereafter, the President shall prepare and transmit to the Congress, as part of the presentation materials for foreign assistance programs proposed for that fiscal year, a classi- fied report describing the nuclear programs and related activities of any country for which a waiver of section 2799aa or 2799aa–1 of this title is in effect, including an assessment of— (1) the extent and effectiveness of Inter- national Atomic Energy Agency safeguards at that country’s nuclear facilities; and (2) the capability, actions, and intentions of the government of that country with respect to the manufacture or acquisition of a nuclear explosive device. (Pub. L. 97–113, title VII, § 735, Dec. 29, 1981, 95 Stat. 1561; Pub. L. 103–236, title VIII, § 826(c), Apr. 30, 1994, 108 Stat. 519.) Editorial Notes CODIFICATION Section was enacted as part of the International Se- curity and Development Cooperation Act of 1981, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter. AMENDMENTS 1994—Pub. L. 103–236 substituted ‘‘section 2799aa or 2799aa–1’’ for ‘‘section 2429 or 2429a’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as an Effective Date note under section 6301 of this title. § 2429a–2. Enforcement of nonproliferation trea- ties (a) Policy It is the sense of the Congress that the Presi- dent should instruct the United States Perma- nent Representative to the United Nations to enhance the role of that institution in the en- forcement of nonproliferation treaties through the passage of a United Nations Security Coun- cil resolution which would state that, any non- nuclear weapon state that is found by the United Nations Security Council, in consulta- tion with the International Atomic Energy Agency (IAEA), to have terminated, abrogated, or materially violated an IAEA full-scope safe- guards agreement would be subjected to inter- national economic sanctions, the scope of which to be determined by the United Nations Secu- rity Council. (b) Prohibition Notwithstanding any other provision of law, no United States assistance under the Foreign