§2428b Special Security Assistance for Modernization of Armed Forces of Korea

Summary

The President may, until December 31, 1982, give the Republic of Korea U.S. government-owned military equipment that is in Korea and held by units of the 2d Infantry Division and its support forces when those units leave. He may also provide related defense services and training in Korea, all without asking Korea to pay. These transfers must follow the rules of the Foreign Assistance Act, but no money from that Act may be used to pay U.S. agencies back for the equipment or services. If sending the Korea-based items would hurt U.S. military readiness, the President can instead send other defense items from Department of Defense stocks anywhere in the world. He may do that only if three things are true: sending the Korea items would seriously hurt U.S. readiness, Korea needs the capability to keep the military balance on the peninsula, and similar capability can be given by less advanced items from DOD stocks without hurting U.S. readiness. The President must tell Congress about each such decision before the transfer. He must also report to Congress, with the security assistance materials for each year through fiscal year 1983, the types, amounts, and value of items given or planned to be given under this authority. Congress also stated that any further withdrawal of U.S. ground forces from Korea could upset the military balance and needs full advance consultation with Congress.