109TH CONGRESS

1ST SESSION S. 1988

AN ACT

To authorize the transfer of items in the War Reserves

Stockpile for Allies, Korea.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION. 1. WAR RESERVES STOCKPILE FOR ALLIES,

2 KOREA.

3 (a) AUTHORITY TO TRANSFER ITEMS IN STOCK4 PILE.—

5 (1) IN GENERAL.—Notwithstanding section 514

6 of the Foreign Assistance Act of 1961 (22 U.S.C.

7 2321h), the President is authorized to transfer to

8 the Republic of Korea, on such conditions as the

9 President may determine, any or all of the items de10 scribed in paragraph (2).

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

12 paragraph (1) are munitions, equipment, and mate13 riel such as tanks, trucks, artillery, mortars, general

14 purpose bombs, repair parts, barrier material, and

15 ancillary equipment if such items are—

16 (A) obsolete or surplus items;

17 (B) in the inventory of the Department of

18 Defense;

19 (C) intended for use as reserve stocks for

20 the Republic of Korea; and

21 (D) as of the date of the enactment of this

22 Act, located in a stockpile in the Republic of

23 Korea or Japan.

24 (3) VALUATION OF CONCESSIONS.—The value

25 of concessions negotiated pursuant to paragraph (1)

26 shall be at least equal to the fair market value of the
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1 items transferred, less any savings (which may not

2 exceed the fair market value of the items trans3 ferred) accruing to the Department of Defense from

4 an avoidance of the cost of removal of such items

5 from the Republic of Korea or of the disposal of

6 such items. The concessions may include cash com7 pensation, services, waiver of charges otherwise pay8 able by the United States (such as charges for dem9 olition of United States-owned or United States-in10 tended munitions), and other items of value.

11 (4) TERMINATION.—No transfer may be made

12 under the authority of this subsection after the date

13 that is three years after the date of the enactment

14 of this Act.

15 (b) CERTIFICATION REGARDING MATERIEL IN

16 STOCKPILE.—Not later than 60 days after the date of the

17 enactment of this Act, the Secretary of Defense shall cer18 tify to the appropriate committees of Congress whether

19 or not the ammunition, equipment, and materiel in the

20 War Reserves Stockpile for Allies, Korea that are available

21 for transfer to the Republic of Korea is of any utility to

22 the United States for any of the following:

23 (1) Counterterrorism operations.

24 (2) Contingency operations.

25 (3) Training.
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1 (4) Stockpile, pre-positioning, or war reserve re2 quirements.

3 (c) TERMINATION OF STOCKPILE.—

4 (1) IN GENERAL.—At the conclusion of the

5 transfer to the Republic of Korea under subsection

6 (a) of items in the War Reserves Stockpile for Allies,

7 Korea pursuant to that subsection, the War Re8 serves Stockpile for Allies, Korea program shall be

9 terminated.

10 (2) DISPOSITION OF REMAINING ITEMS.—Any

11 items remaining in the War Reserves Stockpile for

12 Allies, Korea as of the termination of the War Re13 serves Stockpile for Allies, Korea program under

14 paragraph (1) shall be removed, disposed of, or both

15 by the Department of Defense.

16 (d) APPROPRIATE COMMITTEES OF CONGRESS DE17 FINED.—In this section, the term ‘‘appropriate commit18 tees of Congress’’ means—

19 (1) the Committees on Armed Services, Appro20 priations, and Foreign Relations of the Senate; and
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1 (2) the Committees on Armed Services, Appro2 priations, and International Relations of the House

3 of Representatives.

Passed the Senate November 9, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1988

AN ACT

To authorize the transfer of items in the War

Reserves Stockpile for Allies, Korea.