Page:United States Statutes at Large Volume 119.djvu/2973

 PUBLIC LAW 109–159—DEC. 30, 2005

119 STAT. 2955

Public Law 109–159 109th Congress An Act Dec. 30, 2005 [S. 1988]

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 Statesintended 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.

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