H.R. 5443

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

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        [Congressional Bills 110th Congress]
[From the U.S. Government Printing 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.