I 

109TH CONGRESS 

1ST SESSION S. 1988 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2005 

Referred to the Committee on International Relations, and in addition to the 

Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

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: EMILY J. REYNOLDS, 

Secretary.