[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5443 Referred in Senate (RFS)]

  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 Representatives of the 
United States of America in Congress assembled,

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 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.

SEC. 3. 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.

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 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''.

SEC. 5. 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''.

            Passed the House of Representatives September 23, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.