[United States Statutes at Large, Volume 119, 109th Congress, 1st Session] [From the U.S. Government Publishing Office, www.gpo.gov] 119 STAT. 2955 Public Law 109-159 109th Congress An Act 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 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 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 2956]] 119 STAT. 2956 (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. 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.