IIB 

110TH CONGRESS 

2D SESSION H. R. 5443 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Received 

OCTOBER 2 (legislative day, SEPTEMBER 17), 2008 

Read twice and referred to the Committee on Foreign Relations 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

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

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

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

6 (1) Close and continuing cooperation in defense 

7 between the United States and the Republic of 

8 Korea continues to be in the national security inter9 est of the United States. 

10 (2) The Republic of Korea was designated a 

11 Major Non-NATO Ally in 1987, the first such des12 ignation. 

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

14 purchaser of United States defense articles and serv15 ices through the Foreign Military Sales (FMS) pro16 gram, totaling $6,900,000,000 in deliveries over the 

17 last 10 years. 

18 (4) Purchases of United States defense articles, 

19 services, and major defense equipment facilitate and 

20 increase the interoperability of Republic of Korea 

21 military forces with United States military forces. 

22 (5) Congress has previously enacted important, 

23 special defense cooperation arrangements for the Re24 public of Korea, as in the Act entitled ‘‘An Act to 

25 authorize the transfer of items in the War Reserves 

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


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1 2005 (Public Law 109–159), which authorized the 

2 President, notwithstanding section 514 of the For3 eign Assistance Act of 1961 (22 U.S.C. 2321h), to 

4 transfer to the Republic of Korea certain defense 

5 items to be included in a war reserve stockpile for 

6 that country. 

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

8 Republic of Korea enhance defense ties with that 

9 country and ensure favorable consideration by the 

10 Government of the Republic of Korea when it con11 siders acquisitions of certain weapons systems. 

12 (7) Enhanced support for defense cooperation 

13 with the Republic of Korea is important to the na14 tional security of the United States, including 

15 through creation of a status in law for the Republic 

16 of Korea similar to the countries in the North Atlan17 tic Treaty Organization, Japan, Australia, and New 

18 Zealand, with respect to consideration by Congress 

19 of foreign military sales to the Republic of Korea. 

20 SEC. 3. SENSE OF CONGRESS. 

21 It is the sense of Congress that expeditious consider22 ation of certifications of letters of offer to sell defense arti23 cles, defense services, design and construction services, 

24 and major defense equipment to the Republic of Korea 

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


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1 U.S.C. 2776(b)) is fully consistent with United States se2 curity and foreign policy interests and the objectives of 

3 world peace and security. 

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

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

6 seq.) is amended— 

7 (1) in section 3 (22 U.S.C. 2753)— 

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

9 Government of the Republic of Korea,’’ before 

10 ‘‘the Government of Australia’’; and 

11 (B) in subsection (d)— 

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

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

14 (ii) in paragraph (3)(A)(i), by insert15 ing ‘‘the Republic of Korea,’’ before ‘‘Aus16 tralia’’; and 

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

18 ‘‘the Republic of Korea,’’ before ‘‘Aus19 tralia’’; 

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

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

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

23 (B) in subsection (h)— 


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

2 ‘‘the Republic of Korea,’’ before ‘‘Aus3 tralia’’; and 

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

5 to any member government of that Organi6 zation if that Organization or member gov7 ernment’’ and inserting ‘‘, to any member 

8 government of that Organization, or to the 

9 Governments of the Republic of Korea, 

10 Australia, New Zealand, Japan, or Israel if 

11 that Organization, member government, or 

12 the Governments of the Republic of Korea, 

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

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

15 (A) in subsection (b)— 

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

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

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

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

20 and 

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

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


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1 (B) in subsection (c), by inserting ‘‘the Re2 public of Korea,’’ before ‘‘Australia’’ both 

3 places it appears; and 

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

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

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

7 by inserting ‘‘the Republic of Korea,’’ before ‘‘Aus8 tralia’’; and 

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

10 2796b(a)(2)), by inserting ‘‘the Republic of Korea,’’ 

11 before ‘‘Australia’’. 

12 SEC. 5. AMENDMENT TO FOREIGN ASSISTANCE ACT OF 

13 1961. 

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

15 1961 (22 U.S.C. 2416(a)(2)) by inserting ‘‘Republic of 

16 Korea,’’ before ‘‘Australia’’. 

Passed the House of Representatives September 23, 

2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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