I 

110TH CONGRESS 

2D SESSION H. R. 5443 

To improve defense cooperation between the Republic of Korea and the 

United States. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2008 

Mr. ROYCE (for himself and Mrs. TAUSCHER) introduced the following bill; 

which was referred to the Committee on Foreign Affairs 

A BILL 

To improve defense cooperation between the Republic of 

Korea and the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States-Republic 

5 of Korea Defense Cooperation Improvement Act of 2008’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Close and continuing cooperation in defense 

9 between the United States and the Republic of 


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1 Korea continues to be in the national security inter2 est of the United States. 

3 (2) The Republic of Korea was designated a 

4 Major Non-NATO Ally in 1987, the first such des5 ignation. 

6 (3) The Republic of Korea has been a major 

7 purchaser of United States defense articles and serv8 ices through the Foreign Military Sales (FMS) pro9 gram, totaling $6,900,000,000 in deliveries over the 

10 last 10 years. 

11 (4) Purchases of United States defense articles, 

12 services, and major defense equipment facilitate and 

13 increase the interoperability of Republic of Korea 

14 military forces with United States military forces. 

15 (5) Congress has previously enacted important, 

16 special defense cooperation arrangements for the Re17 public of Korea, as in the Act entitled ‘‘An Act to 

18 authorize the transfer of items in the War Reserves 

19 Stockpile for Allies, Korea’’, approved December 30, 

20 2005 (Public Law 109–159), which authorized the 

21 President, notwithstanding section 514 of the For22 eign Assistance Act of 1961 (22 U.S.C. 2321h), to 

23 transfer to the Republic of Korea certain defense 

24 items to be included in a war reserve stockpile for 

25 that country. 


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1 (6) Such actions by Congress and sales to the 

2 Republic of Korea enhance defense ties with that 

3 country and ensure favorable consideration by the 

4 Government of the Republic of Korea when it con5 siders acquisitions of certain weapons systems. 

6 (7) Enhanced support for defense cooperation 

7 with the Republic of Korea is important to the na8 tional security of the United States, including 

9 through creation of a status in law for the Republic 

10 of Korea similar to the countries in the North Atlan11 tic Treaty Organization, Japan, Australia, and New 

12 Zealand, with respect to consideration by Congress 

13 of foreign military sales to the Republic of Korea. 

14 SEC. 3. SENSE OF CONGRESS. 

15 It is the sense of Congress that expeditious consider16 ation of certifications of letters of offer to sell defense arti17 cles, defense services, design and construction services, 

18 and major defense equipment to the Republic of Korea 

19 under section 36(b) of the Arms Export Control Act (22 

20 U.S.C. 2776(b)) is fully consistent with United States se21 curity and foreign policy interests and the objectives of 

22 world peace and security. 

23 SEC. 4. AMENDMENTS TO ARMS EXPORT CONTROL ACT. 

24 The Arms Export Control Act (22 U.S.C. 2751 et 

25 seq.) is amended— 


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1 (1) in section 3 (22 U.S.C. 2753)— 

2 (A) in subsection (b)(2), by inserting ‘‘the 

3 Government of the Republic of Korea,’’ before 

4 ‘‘the Government of Australia’’; and 

5 (B) in subsection (d)— 

6 (i) in paragraph (2)(B), by inserting 

7 ‘‘the Republic of Korea,’’ before ‘‘Japan’’; 

8 (ii) in paragraph (3)(A)(i), by insert9 ing ‘‘the Republic of Korea,’’ before ‘‘Aus10 tralia’’; and 

11 (iii) in paragraph (5), by inserting 

12 ‘‘the Republic of Korea,’’ before ‘‘Aus13 tralia’’; 

14 (2) in section 21 (22 U.S.C. 2761)— 

15 (A) in subsection (e)(2)(A), by inserting 

16 ‘‘the Republic of Korea,’’ before ‘‘Japan’’; and 

17 (B) in subsection (h)— 

18 (i) in paragraph (1)(A), by inserting 

19 ‘‘the Republic of Korea,’’ before ‘‘Aus20 tralia’’; and 

21 (ii) in paragraph (2), by striking ‘‘or 

22 to any member government of that Organi23 zation if that Organization or member gov24 ernment’’ and inserting ‘‘, to any member 

25 government of that Organization, or to the 


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1 Governments of the Republic of Korea, 

2 Australia, New Zealand, Japan, or Israel if 

3 that Organization, member government, or 

4 the Governments of the Republic of Korea, 

5 Australia, New Zealand, Japan, or Israel’’; 

6 (3) in section 36 (22 U.S.C. 2776)— 

7 (A) in subsection (b)— 

8 (i) in paragraph (1), by inserting ‘‘the 

9 Republic of Korea,’’ before ‘‘Japan’’; 

10 (ii) in paragraph (2), by inserting 

11 ‘‘the Republic of Korea,’’ before ‘‘Japan’’; 

12 and 

13 (iii) in paragraph (6), by inserting 

14 ‘‘the Republic of Korea,’’ before ‘‘Aus15 tralia’’; 

16 (B) in subsection (c), by inserting ‘‘the Re17 public of Korea,’’ before ‘‘Australia’’ both 

18 places it appears; and 

19 (C) in subsection (d)(2)(A), by inserting 

20 ‘‘the Republic of Korea,’’ before ‘‘Australia’’; 

21 (4) in section 62(c)(1) (22 U.S.C. 2796a(c)(1)), 

22 by inserting ‘‘the Republic of Korea,’’ before ‘‘Aus23 tralia’’; and 


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1 (5) in section 63(a)(2) (22 U.S.C. 

2 2796b(a)(2)), by inserting ‘‘the Republic of Korea,’’ 

3 before ‘‘Australia’’. 

4 SEC. 5. AMENDMENT TO FOREIGN ASSISTANCE ACT OF 

5 1961. 

6 Section 656(a)(2) of the Foreign Assistance Act of 

7 1961 (22 U.S.C. 2416(a)(2)) by inserting ‘‘Republic of 

8 Korea,’’ before ‘‘Australia’’. 

Æ 


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