A bill to authorize the transfer of items in the War Reserves Stockpile for Allies, Korea.
PL 109-159 (S.1988), enacted 12/30/2005

119 STAT. 2955
PUBLIC LAW 109–159—DEC. 30, 2005
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 For-
eign 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 conces-
sions 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 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 mate-
riel in the War Reserves Stockpile for Allies, Korea that are avail-
able 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]
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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.
(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.
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