[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1988 Referred in House (RFH)]
109th CONGRESS
1st Session
S. 1988
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 14, 2005
Referred to the Committee on International Relations, and in addition
to the Committee on Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
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.
Passed the Senate November 9, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary.