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.
(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.
END
