PUBLIC LAW 109–159—DEC. 30, 2005 119 STAT. 2955

Public Law 109–159

109th Congress

An Act

To authorize the transfer of items in the War Reserves Stockpile for Allies, Korea.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. WAR RESERVES STOCKPILE FOR ALLIES, KOREA.

(a) AUTHORITY TO TRANSFER ITEMS IN STOCKPILE.—

(1) IN GENERAL.—Notwithstanding section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the President

is authorized to transfer to the Republic of Korea, on such

conditions as the President may determine, any or all of the

items described in paragraph (2).

(2) COVERED ITEMS.—The items referred to in paragraph

(1) are munitions, equipment, and materiel such as tanks,

trucks, artillery, mortars, general purpose bombs, repair parts,

barrier material, and ancillary equipment if such items are—

(A) obsolete or surplus items;

(B) in the inventory of the Department of Defense;

(C) intended for use as reserve stocks for the Republic

of Korea; and

(D) as of the date of the enactment of this Act, located

in a stockpile in the Republic of Korea or Japan.

(3) VALUATION OF CONCESSIONS.—The value of concessions

negotiated pursuant to paragraph (1) shall be at least equal

to the fair market value of the items transferred, less any

savings (which may not exceed the fair market value of the

items transferred) accruing to the Department of Defense from

an avoidance of the cost of removal of such items from the

Republic of Korea or of the disposal of such items. The concessions may include cash compensation, services, waiver of

charges otherwise payable by the United States (such as

charges for demolition of United States-owned or United Statesintended munitions), and other items of value.

(4) TERMINATION.—No transfer may be made under the

authority of this subsection after the date that is three years

after the date of the enactment of this Act.

(b) CERTIFICATION REGARDING MATERIEL IN STOCKPILE.—Not

later than 60 days after the date of the enactment of this Act,

the Secretary of Defense shall certify to the appropriate committees

of Congress whether or not the ammunition, equipment, and materiel in the War Reserves Stockpile for Allies, Korea that are available for transfer to the Republic of Korea is of any utility to

the United States for any of the following:

(1) Counterterrorism operations.

(2) Contingency operations.

Deadline.

President.

Dec. 30, 2005

[S. 1988]

119 STAT. 2956 PUBLIC LAW 109–159—DEC. 30, 2005

LEGISLATIVE HISTORY—S. 1988:

CONGRESSIONAL RECORD, Vol. 151 (2005):

Nov. 9, considered and passed Senate.

Dec. 18, considered and passed House.

Æ

(3) Training.

(4) Stockpile, pre-positioning, or war reserve requirements.

(c) TERMINATION OF STOCKPILE.—

(1) IN GENERAL.—At the conclusion of the transfer to the

Republic of Korea under subsection (a) of items in the War

Reserves Stockpile for Allies, Korea pursuant to that subsection,

the War Reserves Stockpile for Allies, Korea program shall

be terminated.

(2) DISPOSITION OF REMAINING ITEMS.—Any items

remaining in the War Reserves Stockpile for Allies, Korea

as of the termination of the War Reserves Stockpile for Allies,

Korea program under paragraph (1) shall be removed, disposed

of, or both by the Department of Defense.

(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this

section, the term ‘‘appropriate committees of Congress’’ means—

(1) the Committees on Armed Services, Appropriations,

and Foreign Relations of the Senate; and

(2) the Committees on Armed Services, Appropriations,

and International Relations of the House of Representatives.

Approved December 30, 2005.