[Congressional Record Volume 151, Number 148 (Wednesday, November 9, 2005)]
[Senate]
[Page S12628]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         WAR RESERVES STOCKPILE

  Mr. WARNER. I ask unanimous consent the Senate proceed to the 
immediate consideration of S. 1988 introduced earlier today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1988) to authorize the transfer of items in the 
     War Reserves Stockpile for Allies, Korea.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. WARNER. Mr. President, I ask unanimous consent the bill be read 
the third time and passed, the motion to reconsider be laid upon the 
table, and any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1988) was read the third time and passed, as follows:

       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.

  Mr. WARNER. I must say to the distinguished Presiding Officer, the 
war reserves stockpile for Korea, I don't know if that includes me with 
it or not. I did spend a period of time over there in 1951 and 1952 in 
the winter with the Marines. Likely I will be here again tomorrow 
morning to pursue the authorization bill.

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