II 

109TH CONGRESS 

1ST SESSION S. 1988 

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

Korea. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 9, 2005 

Mr. LUGAR introduced the following bill; which was read twice, considered, 

read the third time, and passed 

A BILL 

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, 

3 SECTION 1. WAR RESERVES STOCKPILE FOR ALLIES, 

4 KOREA. 

5 (a) AUTHORITY TO TRANSFER ITEMS IN STOCK6 PILE.— 

7 (1) IN GENERAL.—Notwithstanding section 514 

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

9 2321h), the President is authorized to transfer to 

10 the Republic of Korea, on such conditions as the 
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•S 1988 CPS 

1 President may determine, any or all of the items de2 scribed in paragraph (2). 

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

4 paragraph (1) are munitions, equipment, and mate5 riel such as tanks, trucks, artillery, mortars, general 

6 purpose bombs, repair parts, barrier material, and 

7 ancillary equipment if such items are— 

8 (A) obsolete or surplus items; 

9 (B) in the inventory of the Department of 

10 Defense; 

11 (C) intended for use as reserve stocks for 

12 the Republic of Korea; and 

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

14 Act, located in a stockpile in the Republic of 

15 Korea or Japan. 

16 (3) VALUATION OF CONCESSIONS.—The value 

17 of concessions negotiated pursuant to paragraph (1) 

18 shall be at least equal to the fair market value of the 

19 items transferred, less any savings (which may not 

20 exceed the fair market value of the items trans21 ferred) accruing to the Department of Defense from 

22 an avoidance of the cost of removal of such items 

23 from the Republic of Korea or of the disposal of 

24 such items. The concessions may include cash com25 pensation, services, waiver of charges otherwise pay-
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•S 1988 CPS 

1 able by the United States (such as charges for dem2 olition of United States-owned or United States-in3 tended munitions), and other items of value. 

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

5 under the authority of this subsection after the date 

6 that is three years after the date of the enactment 

7 of this Act. 

8 (b) CERTIFICATION REGARDING MATERIEL IN

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

10 enactment of this Act, the Secretary of Defense shall cer11 tify to the appropriate committees of Congress whether 

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

13 War Reserves Stockpile for Allies, Korea that are available 

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

15 the United States for any of the following: 

16 (1) Counterterrorism operations. 

17 (2) Contingency operations. 

18 (3) Training. 

19 (4) Stockpile, pre-positioning, or war reserve re20 quirements. 

21 (c) TERMINATION OF STOCKPILE.— 

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

23 transfer to the Republic of Korea under subsection 

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

25 Korea pursuant to that subsection, the War Re-
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•S 1988 CPS 

1 serves Stockpile for Allies, Korea program shall be 

2 terminated. 

3 (2) DISPOSITION OF REMAINING ITEMS.—Any 

4 items remaining in the War Reserves Stockpile for 

5 Allies, Korea as of the termination of the War Re6 serves Stockpile for Allies, Korea program under 

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

8 by the Department of Defense. 

9 (d) APPROPRIATE COMMITTEES OF CONGRESS DE10 FINED.—In this section, the term ‘‘appropriate commit11 tees of Congress’’ means— 

12 (1) the Committees on Armed Services, Appro13 priations, and Foreign Relations of the Senate; and 

14 (2) the Committees on Armed Services, Appro15 priations, and International Relations of the House 

16 of Representatives. 

Æ