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[109th Congress Public Law 159]
[From the U.S. Government Printing Office]

[DOCID: f:publ159.109]

[[Page 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. <<NOTE: Dec. 30, 2005 -  [S. 1988]>> 

    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 <<NOTE: President.>> 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 States-intended 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 <<NOTE: Deadline.>> 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.

[[Page 119 STAT. 2956]]

            (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.

LEGISLATIVE HISTORY--S. 1988:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 151 (2005):
            Nov. 9, considered and passed Senate.
            Dec. 18, considered and passed House.

                                  <all>
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