[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.