[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1988 Enrolled Bill (ENR)]
S.1988
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
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 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 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.
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.