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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States-Republic 
of Korea Defense Cooperation Improvement Act of 2008’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Close and continuing cooperation in defense 
between the United States and the Republic of 
Korea continues to be in the national security inter-
est of the United States. 
(2) The Republic of Korea was designated a 
Major Non-NATO Ally in 1987, the first such des-
ignation. 
(3) The Republic of Korea has been a major 
purchaser of United States defense articles and serv-
ices through the Foreign Military Sales (FMS) pro-
gram, totaling $6,900,000,000 in deliveries over the 
last 10 years. 
(4) Purchases of United States defense articles, 
services, and major defense equipment facilitate and 
increase the interoperability of Republic of Korea 
military forces with United States military forces. 
(5) Congress has previously enacted important, 
special defense cooperation arrangements for the Re-
public of Korea, as in the Act entitled ‘‘An Act to 
authorize the transfer of items in the War Reserves 
Stockpile for Allies, Korea’’, approved December 30, 
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2005 (Public Law 109–159), which authorized the 
President, notwithstanding section 514 of the For-
eign Assistance Act of 1961 (22 U.S.C. 2321h), to 
transfer to the Republic of Korea certain defense 
items to be included in a war reserve stockpile for 
that country. 
(6) Such actions by Congress and sales to the 
Republic of Korea enhance defense ties with that 
country and ensure favorable consideration by the 
Government of the Republic of Korea when it con-
siders acquisitions of certain weapons systems. 
(7) Enhanced support for defense cooperation 
with the Republic of Korea is important to the na-
tional security of the United States, including 
through creation of a status in law for the Republic 
of Korea similar to the countries in the North Atlan-
tic Treaty Organization, Japan, Australia, and New 
Zealand, with respect to consideration by Congress 
of foreign military sales to the Republic of Korea. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that expeditious consider-
ation of certifications of letters of offer to sell defense arti-
cles, defense services, design and construction services, 
and major defense equipment to the Republic of Korea 
under section 36(b) of the Arms Export Control Act (22 
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U.S.C. 2776(b)) is fully consistent with United States se-
curity and foreign policy interests and the objectives of 
world peace and security. 
SEC. 4. AMENDMENTS TO ARMS EXPORT CONTROL ACT. 
The Arms Export Control Act (22 U.S.C. 2751 et 
seq.) is amended— 
(1) in section 3 (22 U.S.C. 2753)— 
(A) in subsection (b)(2), by inserting ‘‘the 
Government of the Republic of Korea,’’ before 
‘‘the Government of Australia’’; and 
(B) in subsection (d)— 
(i) in paragraph (2)(B), by inserting 
‘‘the Republic of Korea,’’ before ‘‘Japan’’; 
(ii) in paragraph (3)(A)(i), by insert-
ing ‘‘the Republic of Korea,’’ before ‘‘Aus-
tralia’’; and 
(iii) in paragraph (5), by inserting 
‘‘the Republic of Korea,’’ before ‘‘Aus-
tralia’’; 
(2) in section 21 (22 U.S.C. 2761)— 
(A) in subsection (e)(2)(A), by inserting 
‘‘the Republic of Korea,’’ before ‘‘Japan’’; and 
(B) in subsection (h)— 
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(i) in paragraph (1)(A), by inserting 
‘‘the Republic of Korea,’’ before ‘‘Aus-
tralia’’; and 
(ii) in paragraph (2), by striking ‘‘or 
to any member government of that Organi-
zation if that Organization or member gov-
ernment’’ and inserting ‘‘, to any member 
government of that Organization, or to the 
Governments of the Republic of Korea, 
Australia, New Zealand, Japan, or Israel if 
that Organization, member government, or 
the Governments of the Republic of Korea, 
Australia, New Zealand, Japan, or Israel’’; 
(3) in section 36 (22 U.S.C. 2776)— 
(A) in subsection (b)— 
(i) in paragraph (1), by inserting ‘‘the 
Republic of Korea,’’ before ‘‘Japan’’; 
(ii) in paragraph (2), by inserting 
‘‘the Republic of Korea,’’ before ‘‘Japan’’; 
and 
(iii) in paragraph (6), by inserting 
‘‘the Republic of Korea,’’ before ‘‘Aus-
tralia’’; 
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