[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4825 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 4825

 To enhance defense and security cooperation with India, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 22, 2016

 Mr. Holding introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
 To enhance defense and security cooperation with India, and for other 
                               purposes.

    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 ``U.S.-India Defense Technology and 
Partnership Act''.

SEC. 2. ENHANCING DEFENSE AND SECURITY COOPERATION WITH INDIA.

    (a) Findings.--Congress finds the following:
            (1) The United States and India face mutual security 
        threats and a robust defense partnership is in the interest of 
        both countries.
            (2) The relationship between the United States and India 
        has developed over the past decade to become a multifaceted, 
        major strategic partnership rooted in shared democratic values 
        and the promotion of mutual prosperity, greater economic 
        cooperation, regional peace, security, and stability.
            (3) In 2012, the Department of Defense began an initiative 
        to increase senior-level oversight and engagement on defense 
        cooperation between the United States and India, which is 
        referred to as the U.S.-India Defense Technology and Trade 
        Initiative (DTTI).
            (4) On June 3, 2015, the Government of the United States 
        and the Government of India entered into an executive agreement 
        entitled ``Framework for the U.S.-India Defense Relationship'', 
        which renewed and updated the previous defense framework 
        agreement between the United States and India, executed on June 
        28, 2005.
            (5) Consistent with the Framework for the U.S.-India 
        Defense Relationship and the goals of the DTTI, it is in the 
        interest of United States national security to improve defense 
        cooperation and the alignment of systems with India, achieve 
        greater interaction between the armed forces of both countries, 
        increase the flow of technology and investment, develop 
        capabilities and partnerships in co-development and co-
        production, and strengthen two-way defense trade.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States-India defense partnership is vital to 
        regional and international stability and security;
            (2) the interest of United States national security can be 
        improved by further advancing the goals of the Framework for 
        the U.S.-India Defense Relationship and the effective operation 
        of the DTTI;
            (3) the President should take action to--
                    (A) formalize India's status as a major partner of 
                the United States;
                    (B) designate an official with experience in 
                defense acquisition and technology to reinforce and 
                ensure, through interagency policy coordination, the 
                success of the Framework for the U.S.-India Defense 
                Relationship;
                    (C) approve and facilitate the transfer of advanced 
                technology in the context of, and in order to satisfy, 
                combined military planning with the Indian military for 
                missions such as humanitarian assistance and disaster 
                relief, counter piracy, and maritime domain awareness;
                    (D) strengthen the effectiveness of the DTTI and 
                the durability of the Department of Defense's ``India 
                Rapid Reaction Cell'';
                    (E) resolve issues impeding United States-India 
                defense trade, security cooperation, and co-production 
                and co-development opportunities;
                    (F) collaborate with the Government of India to 
                develop mutually agreeable mechanisms to verify the 
                security of defense technology information and 
                equipment, such as tailored cyber security and end use 
                monitoring arrangements;
                    (G) promote policies that will encourage the 
                efficient review and authorization of defense sales and 
                exports to India, including the treatment of military 
                sales and export authorizations to India in a manner 
                similar to that of the United States closest defense 
                partners;
                    (H) pursue greater government-to-government and 
                commercial military transactions between the United 
                States and India; and
                    (I) support the development and alignment of 
                India's export control and procurement regimes with 
                those of the United States and multilateral control 
                regimes; and
            (4) the President's commitment to enhancing defense and 
        security cooperation with India should be considered a priority 
        with respect to advancing United States interests in the South 
        Asia and greater Indo-Pacific regions.
    (c) Military Contingency Plans.--The President is encouraged to 
coordinate with India on an annual basis to develop military 
contingency plans for addressing threats to mutual security interests 
of both countries.
    (d) Assessment Required.--
            (1) In general.--The President shall, on an annual basis, 
        carry out an assessment of the extent to which India possesses 
        strategic operational capabilities to execute military 
        operations of mutual interest between the United States and 
        India.
            (2) Use of assessment.--The President shall ensure that the 
        assessment described in paragraph (1) is used to inform the 
        review by the United States of applications to sell or export 
        defense articles, defense services, or technical data under the 
        Arms Export Control Act (22 U.S.C. 2751 et seq.).
            (3) Form.--The assessment described in paragraph (1) shall, 
        to the maximum extent practicable, be in classified form.
            (4) Definition.--In this subsection, the term ``strategic 
        operational capabilities'' means the ability to execute 
        military operations of mutual security interest while 
        sustaining minimal damages and casualties, through the use of 
        military means, possessed in sufficient quantity, including 
        weapons, command, control, communication, intelligence, 
        surveillance, and reconnaissance capabilities.
    (e) Foreign Military Sales and Export Status Under Arms Export 
Control Act.--The Arms Export Control Act (22 U.S.C. 2751 et seq.) is 
amended--
            (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 
        36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A), 36(c)(5), 
        36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting ``India,'' 
        before ``or New Zealand'' each place it appears;
            (2) in section 3(b)(2), by inserting ``the Government of 
        India,'' before ``or the Government of New Zealand''; and
            (3) in sections 21(h)(1)(A) and 21(h)(2), by inserting 
        ``India,'' before ``or Israel'' each place it appears.
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