[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1988 Considered and Passed Senate (CPS)]


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.

    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.
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