Short title

This Act may be cited as the

United States-Republic of Korea Defense Cooperation Improvement Act of 2008

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 interest of the United States. (2)The Republic of Korea was designated a Major Non-NATO Ally in 1987, the first such designation. (3)The Republic of Korea has been a major purchaser of United States defense articles and services through the Foreign Military Sales (FMS) program, 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 Republic 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, 2005 (Public Law 109–159), which authorized the President, notwithstanding section 514 of the Foreign 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 considers acquisitions of certain weapons systems. (7)Enhanced support for defense cooperation with the Republic of Korea is important to the national 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 Atlantic Treaty Organization, Japan, Australia, and New Zealand, with respect to consideration by Congress of foreign military sales to the Republic of Korea.

Sense of Congress

It is the sense of Congress that expeditious consideration of certifications of letters of offer to sell defense articles, 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 U.S.C. 2776(b)) is fully consistent with United States security and foreign policy interests and the objectives of world peace and security.

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 inserting the Republic of Korea, before Australia; and (iii)in paragraph (5), by inserting the Republic of Korea, before Australia; (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)— (i)in paragraph (1)(A), by inserting the Republic of Korea, before Australia; and (ii)in paragraph (2), by striking or to any member government of that Organization if that Organization or member government 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 Australia; (B)in subsection (c), by inserting the Republic of Korea, before Australia both places it appears; and (C)in subsection (d)(2)(A), by inserting the Republic of Korea, before Australia; (4)in section 62(c)(1) (22 U.S.C. 2796a(c)(1)), by inserting the Republic of Korea, before Australia; and (5)in section 63(a)(2) (22 U.S.C. 2796b(a)(2)), by inserting the Republic of Korea, before Australia.

Amendment to Foreign Assistance Act of 1961

Section 656(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2416(a)(2)) by inserting Republic of Korea, before Australia.