aa. International Security Assistance Act of 1978

Partial text of Public Law 95-384 [S. 3075], 92 Stat. 730, approved Sep tember 26, 1978, as amended by Public Law 97-113 [International Seri rity and Development Cooperation Act of 1981, S. 1196], 95 Stat. 1519 a 1560, approved December 29, 1981; and by Public Law 103-199 [FRIEND SHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17, 1993

NOTE.-Except for the provisions noted below, the International Security Assistance Act of 1978 consists of amendments to the Arms Export Control Act, the Foreign Assistance Act of 1961, the Foreign Assistance Act of 1974, the International Security Assistance Act of 1977, the International Security Assistance and Arms Export Control Act of 1976, the Mutual Security Act of 1954, the Foreign Military Sales Act Amendments, 1971, the Export Administration Act of 1969, and the Emergency Security Assistance Act of 1973.

AN ACT To amend the Foreign Assistance Act of 1961 and the Arms Export Contra Act to authorize international security assistance programs for fiscal year 1979. and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

Section 1. This Act may be cited as the "International Security Assistance Act of 1978".

UNITED STATES POLICY REGARDING THE EASTERN MEDITERRANEAN Sec. 13.1 (a) Section 620(x) of the Foreign Assistance Act of 1961 shall be of no further force and effect upon the President's determination and certification to the Congress 2 that the resumption of full military cooperation with Turkey is in the national interest of the United States and in the interest of the North Atlantic Treaty Organization and that the Government of Turkey is acting in good faith to achieve a just and peaceful settlement of the Cyprus problem, the early peaceable return of refugees to their homes and properties, and continued removal of Turkish military troops from

122 U.S.C. 2370 note.

2 Such determination and certification, dated September 26, 1978, was submitted to the Congress.

Cyprus in the context of a solution to the Cyprus problem, and the early serious resumption of inter-communal talks aimed at a just, negotiated settlement.

SPECIAL SECURITY ASSISTANCE PROGRAM FOR THE MODERNIZATION OF THE ARMED FORCES OF THE REPUBLIC OF KOREA Sec. 23.4 (a)(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 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 Sec. 734(a)(12) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out subsec. (b), which had required a report from the President concerning multilateral discussions with other arms suppliers on the issue of restraining the flow of conventional arms to developing countries. The President submitted this report to Congress on December 28, 1979.

422 U.S.C. 2428b.

(3) a comparable defense capability could be provided by les advance defense articles in the stocks of the Department of De fense 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 determinatio made under this subsection prior to the transfer of the defense artcles described in such determination.

(c) The President shall transmit to the Congress, together with the presentation materials for security assistance programs pro posed 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) 5 *** [Repealed-1981]

(e)(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)6*** [Repealed-1981]

Sec. 24.7 United States Relations With the Soviet Union *** [Repealed-1993]

Sec. 25.8 Report on Review of Arms Sales Controls on NonLethal Items *** [Repealed-1981]

UNITED STATES-REPUBLIC OF CHINA MUTUAL DEFENSE TREATY Sec. 26.7 (a) The Congress finds that—

(1) the continued security and stability of East Asia is a matter of major strategic interest to the United States;

(2) the United States and the Republic of China have for a period of twenty-four years been linked together by the Mutual Defense Treaty of 1954;

(3) the Republic of China has during that twenty-four-year period faithfully and continually carried out its duties and obligations under that treaty; and

(4) it is the responsibility of the Senate to give its advice and consent to treaties entered into by the United States.

(b) It is the sense of the Congress that there should be prior consultation between the Congress and the executive branch on any

5 Sec. 734(a)(12) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out subsec. (d), which had required a report from the President 120 days prior to each phase of troop withdrawal from Korea regarding the viability of such withdrawal.

6 Sec. 734(a)(12) of the International Security and Development Cooperation Act of 1981 (Pub lic Law 97-113; 95 Stat. 1560) struck out para. (2), which had required a report from the Presi dent prior to any future withdrawals of U.S. ground forces from Korea concerning a number of issues which might be affected by the withdrawal.

7 Formerly at 22 U.S.C. 2151 note. Sec. 706 of the FRIENDSHIP Act (Public Law 103–199, 107 Stat. 2317) repealed sec. 24.

Subsec. (c), which had required a report from the President concerning his review of US policy toward the Soviet Union as outlined in subsec. (b), was repealed by sec. 734(a)12) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat 1560). The President submitted this report on January 4, 1979.

8 Sec. 734(a)(12) of the International Security and Development Cooperation Act of 1981 Pub lic Law 97-113; 95 Stat. 1560) repealed sec. 25, which had required a report from the President on a review of arms sales control on non-lethal items. The President submitted this report to Congress on January 26, 1979.

proposed policy changes affecting the continuation in force of the : Mutual Defense Treaty of 1954.9

Sec. 27.10 Rhodesia Embargo

* * * * [Repealed-1981]

NEGOTIATIONS BETWEEN ISRAEL AND EGYPT

Sec. 28.11 (a) The Congress finds that

(1) a lasting settlement of the Arab-Israel conflict is vital to United States national interests as well as to the interests of the countries of the region;

(2) support for a strong and secure Israel and the maintenance for this purpose of Israel's effective defense capabilities as essential to peace remains a fundamental tenet of United States foreign policy;

(3) direct, face-to-face negotiations between Israel and Egypt without preconditions is a historic opening for peace, and the support of such negotiations by other moderate Arab countries, can best promote a peace settlement based on mutual concessions and accommodations;

(4) the establishment of secure, recognized, and defensible borders between Israel and its neighbors will discourage hostilities; and

(5) full, normalized relations between Israel and its Arab neighbors, including trade, travel, tourism, communications, and diplomatic relations are vital for peace.

(b) It is the sense of the Congress that the Government of the United States should continue to promote direct negotiations between Israel and Egypt and to encourage other Arab countries to enter into negotiations leading to peace treaties with Israel.

(c) It is further the sense of the Congress that the United States should be responsive to Israel's economic needs and defense requirements, including the provision of additional advanced aircraft, in order to maintain Israel's defense capability which is essential to peace.

Sec. 30.12 Enactment of this Act shall not affect the authorizations of appropriations and limitations of authority applicable to the fiscal year 1978 which are contained in provisions of law amended by this Act (other than sections 31 (a), (b), and (d) of the Arms Export Control Act).

9 Pursuant to article X of the treaty, the State Department on December 23, 1978, delivered notice, effective January 1, 1979, that the United States was terminating the treaty. Under article X, the treaty remained in force until January 1, 1980.

10 Sec. 734(a)(12) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed sec. 27. It formerly read as follows:

"Sec. 27. In furtherance of the foreign policy interests of the United States, the Government of the United States shall not enforce sanctions against Rhodesia after December 31, 1978, provided that the President determines that

"(1) the Government of Rhodesia has demonstrated its willingness to negotiate in good faith at an all-parties conference, held under international auspices, on all relevant issues; and

"(2) a government has been installed, chosen by free elections in which all political and population groups have been allowed to participate freely, with observation by impartial, internationally-recognized observers.".

11 22 U.S.C. 2346a note.

12 22 U.S.C. 1754 note.

bb. International Security Assistance Act of 1977

Partial text of Public Law 95–92 [H.R. 6684], 91 Stat. 614, approved Augus 4, 1977, as amended by Public Law 95-384 [International Security Assist ance Act of 1978, S. 3075], 92 Stat. 730 at 747, approved September & 1978; and by Public Law 97-113 [International Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1560, approved Decem ber 29, 1981

NOTE.-Except for the provisions noted below, the International Security Assistance Act of 1977 consists of amendments to the Arms Export Control Act and the Foreign Assistance Act of 1961.

AN ACT To amend the Foreign Assistance Act of 1961 to authorize international security assistance programs for fiscal year 1978, to amend the Arms Export Control Act to make certain changes in the authorities of that Act, and for other pur poses.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

Section 1.1 This Act may be cited as the "International Security Assistance Act of 1977".

SECURITY SUPPORTING ASSISTANCE PROGRAM FOR EGYPT

Sec. 9.2 It is the sense of the Congress that the security supporting assistance program for Egypt plays an important role in the Middle East peace effort and that the Executive branch should concentrate its efforts in order to make the program a success.

Sec. 14.3 Prohibition on Assistance for Nuclear Powerplants *** [Repealed-1981]

222 U.S.C. 2346 note. Sec. 29(c)(2) of the International Security Assistance Act of 1978 (Puble Law 95-384; 92 Stat. 747) struck out subsecs. (b) through (e) of sec. 9. These subsections concerned the creation and activities of a Special Interagency Task Force to review the US. security supporting assistance program for Egypt.

Sec. 734(a)(13) of the International Security and Development Cooperation Act of 1981 (Pub lic Law 97-113; 95 Stat. 1560) repealed sec. 14, which had prohibited the use of funds made available under the Foreign Assistance Act of 1961 during fiscal year 1978 to finance the construction of, the operation or maintenance of, or the supply of fuel for, any nuclear powerplant under an agreement for cooperation between the United States and any other country.