Text: S.1988 — 109th Congress (2005-2006)All Information (Except Text)
Public Law No: 109-159 (12/30/2005)
[109th Congress Public Law 159]
[From the U.S. Government Printing Office]
[[Page 119 STAT. 2955]]
Public Law 109-159
To authorize the transfer of items in the War Reserves Stockpile for
Allies, Korea. <<NOTE: Dec. 30, 2005 - [S. 1988]>>
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 <<NOTE: President.>> 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
(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 <<NOTE: Deadline.>> 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.
[[Page 119 STAT. 2956]]
(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.
Approved December 30, 2005.
LEGISLATIVE HISTORY--S. 1988:
CONGRESSIONAL RECORD, Vol. 151 (2005):
Nov. 9, considered and passed Senate.
Dec. 18, considered and passed House.