[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5387 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5387

 To authorize actions to advance the United States-India relationship, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2016

Mr. Engel (for himself and Mr. Crowley) introduced the following bill; 
which was referred to the Committee on Foreign Affairs, and in addition 
to the Committees on Ways and Means and Armed Services, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To authorize actions to advance the United States-India relationship, 
                        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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Special Global 
Partnership with India Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definition.
Sec. 4. Statement of policy.
 TITLE I--ACTIONS TO ADVANCE THE SPECIAL GLOBAL PARTNERSHIP WITH INDIA

Sec. 101. Actions to advance the Special Global Partnership.
Sec. 102. Enhanced defense cooperation between the United States and 
                            India.
Sec. 103. Eligibility of India for the strategic trade authorization 
                            exception to certain export control 
                            licensing requirements.
Sec. 104. Assistance to promote and support the economic, 
                            environmental, and other sectors of India.
            TITLE II--SENSE OF CONGRESS AND OTHER PROVISIONS

Sec. 201. Membership of India in Asia-Pacific Economic Cooperation.
Sec. 202. Sense of Congress on high-standard bilateral investment 
                            treaty.
Sec. 203. Sense of Congress on Civilian Nuclear Cooperation Initiative.
Sec. 204. Report on totalization agreement with India.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The peoples of the United States and India have a long 
        history of friendship and the interests of the peoples of the 
        United States, India, and the rest of the world will benefit 
        from a stronger United States-India partnership.
            (2) President Clinton's historic visit to India in March 
        2000 and Indian Prime Minister Atal Bihari Vajpayee's 
        reciprocal visit to the United States in September 2000 served 
        as a key platform for the growth of the United States-India 
        partnership.
            (3) Leaders in both countries belonging to both major 
        political parties have prioritized the United States-India 
        relationship including United States Presidents George W. Bush 
        and Barack Obama and Indian Prime Ministers Manmohan Singh and 
        Narendra Modi.
            (4) The November 2001 agreement establishing a strategic 
        partnership between India and the United States was an 
        inflection point in the United States-India relationship. The 
        January 2004 formation of the Next Steps in the Strategic 
        Partnership with India (NSSP) maintained forward momentum in 
        the United States-India relationship and expanded cooperation 
        in civilian nuclear activities, space programs, and high-
        technology trade.
            (5) The agreement to conclude the path-breaking Civilian 
        Nuclear Cooperation Initiative (CNCI) was a key outcome of the 
        NSSP and served as notification of the end of a cold war era in 
        the United States-India relationship.
            (6) The rise of a democratic India as an Indo-Pacific power 
        is in the national security, political, and economic interest 
        of the United States.
            (7) United States-India security cooperation has helped 
        promote India's role as a security provider in the Indian Ocean 
        region with direct benefit to the United States and other 
        countries, such as Yemen, where in April 2015 the Government of 
        India assisted in evacuating United States citizens from the 
        country.
            (8) India has become an instrumental partner in delivering 
        humanitarian and disaster relief in the Asia-Pacific region, 
        including following the 2004 Indian Ocean Tsunami, and in the 
        aftermath of the April 2015 earthquake in Nepal, where the 
        Indian Air Force used United States-origin C-130 and C-17 
        aircraft to evacuate Indian, American, and third-country 
        nationals and send relief supplies.
            (9) Since 2002, the United States and India have held a 
        series of increasingly complex combined bilateral exercises 
        involving all military services. Such engagement has been a key 
        aspect of United States-India relations in recent years--India 
        now conducts more exercises and personnel exchanges with the 
        United States than with any other country.
            (10) The June 2015 renewal of a ten-year defense framework 
        agreement meant to expand bilateral security cooperation 
        demonstrates the continued growth of the defense cooperation 
        between India and the United States.
            (11) As a result of the Defense Technology and Trade 
        Initiative, established in 2012, United States and Indian 
        businesses have partnered on the codevelopment of defense 
        equipment, establishing a base from which to launch 
        codevelopment and coproduction efforts in the future and expand 
        India's defense industrial base.
            (12) Two-way trade between India and the United States 
        continues to expand, supporting thousands of United States 
        jobs, and has in only a decade nearly tripled from $36 billion 
        in 2005 to over $107 billion in 2015.
            (13) The Asia-Pacific Economic Cooperation (APEC) regional 
        economic forum supports sustainable economic growth and 
        prosperity in the Asia-Pacific region. India's geography 
        provides an avenue for continued trade and investment 
        partnerships with APEC member states.
            (14) India became an APEC observer in November 2011 at the 
        invitation of the United States, and India's achieving full 
        membership furthers regional economic integration and is in the 
        interest of the United States.
            (15) India's ``Look East, Act East'' strategy to expand 
        economic engagement with East and Southeast Asia demonstrates 
        its effort to pursue external oriented, market-driven economic 
        policies and aligns very closely with the United States 
        strategy to rebalance its Asia Pacific Strategy.
            (16) India is the world's seventh largest economy in 
        nominal terms and the third largest economy based on 
        purchasing-power parity.
            (17) A significant number of Indian nationals contribute, 
        according to some estimates, upwards of $1,000,000,000 into the 
        Social Security system of the United States.
            (18) The United States and India have made tremendous 
        strides in science and technology collaboration, including in 
        the Moon and Mars exploration, high-energy physics, and in 
        joint efforts to develop a High Intensity Superconducting 
        proton accelerator.

SEC. 3. DEFINITION.

    In this Act, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Appropriations and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Appropriations and the Committee on 
        Foreign Relations of the Senate.

SEC. 4. STATEMENT OF POLICY.

    Congress declares that India is a Special Global Partner of the 
United States.

 TITLE I--ACTIONS TO ADVANCE THE SPECIAL GLOBAL PARTNERSHIP WITH INDIA

SEC. 101. ACTIONS TO ADVANCE THE SPECIAL GLOBAL PARTNERSHIP.

    (a) In General.--The President shall seek to take the actions 
described in subsection (b) with respect to advancing the United 
States-India relationship.
    (b) Actions Described.--The actions referred to in subsection (a) 
are the following:
            (1) Institutionalize an annual strategic and commercial 
        dialogue with India to be held at the ministerial level.
            (2) Institutionalize an annual defense policy dialogue to 
        coordinate with the Ministry of Defense for the Government of 
        India on--
                    (A) combined military planning for missions such as 
                humanitarian assistance and disaster relief, maritime 
                domain awareness, and other missions deemed to be in 
                the national security interests of both countries;
                    (B) defense procurement planning to include 
                humanitarian assistance and disaster relief, border 
                maintenance and control, and maritime domain awareness; 
                and
                    (C) promoting better alignment among India's export 
                control and procurement regimes with those of the 
                United States and the multilateral control regimes.
            (3) Expand cooperation with the Government of India in the 
        defense, intelligence, civilian sectors, including with respect 
        to high-technology goods, space exploration, climate change, 
        agriculture, innovation, entrepreneurship, human rights, 
        women's empowerment, sport, medicine, infrastructure, high-
        energy physics, environmental and earth sciences, and renewable 
        energy. For high-technology goods, such cooperation may include 
        export control-related trade in homeland, cyber, and 
        counterterror security technologies, high technology 
        manufacturing equipment, including machine tools, defense 
        trade, and fostering collaboration in biotechnology, 
        pharmaceuticals, medical devices, and health-related 
        information technology.
            (4) Encourage further development of advanced technology 
        programs between the United States and India consistent with 
        United States policy.
            (5) Cooperate with the Government of India to develop 
        mutually agreeable mechanisms to verify the security of defense 
        articles and defense services and related technology, such as 
        appropriate cyber security and end use monitoring arrangements 
        consistent with United States export control laws and policy.
            (6) Strengthen the effectiveness of the Defense Technology 
        and Trade Initiative and the durability of the Department of 
        Defense's ``India Rapid Reaction Cell''.
            (7) 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, border management 
        and security, and maritime domain awareness, consistent with 
        United States conventional arms transfer policy and national 
        security interests.
            (8) Promote policies that will encourage the efficient 
        review and authorization of defense sales and exports to India.
            (9) Encourage greater government-to-government and 
        commercial military transactions between the United States and 
        India.
            (10) Promote additional foreign policy consultations 
        between the United States and the Government of India, with a 
        special emphasis on matters relating the Indian Ocean and Asia 
        Pacific region and other areas.
            (11) Enhance scientific cooperation between India and the 
        United States.
    (c) Additional Authorities.--In carrying out the actions described 
in subsection (b), the President is authorized, subject to existing 
requirements of law and any applicable agreements or understandings 
between the United States and India, to share and exchange with India 
research, technology, intelligence, information, equipment, and 
personnel, including through sales, leases, or exchanges in kind, that 
the President determines will advance the national security interests 
of the United States.
    (d) Cooperative Research Pilot Programs.--The Secretary of Defense, 
acting through the Director of the Advanced Research Projects Agency is 
authorized to enter into cooperative research pilot programs with India 
to enhance India's capabilities in the following:
            (1) Border, maritime, and aviation security.
            (2) Explosives detection.
            (3) Humanitarian and disaster management.
            (4) Counterterrorism.

SEC. 102. ENHANCED DEFENSE COOPERATION BETWEEN THE UNITED STATES AND 
              INDIA.

    (a) In General.--The President may, for the period described in 
subsection (c), include India as a country listed in the provisions of 
law described in subsection (b) for the purposes of applying and 
administering such provisions of law, if the President notifies the 
appropriate congressional committees in writing at least 30 days before 
so including India as such country for such purposes.
    (b) Provisions of Law.--The provisions of law described in this 
subsection are--
            (1) subsections (b)(2), (d)(2)(B), (d)(3)(A)(i), and (d)(5) 
        of section 3 of the Arms Export Control Act (22 U.S.C. 2753);
            (2) subsections (e)(2)(A), (h)(1)(A), and (h)(2) of section 
        21 of such Act (22 U.S.C. 2761);
            (3) subsections (b)(1), (b)(2), (b)(6), (c), and (d)(2)(A) 
        of section 36 of such Act (22 U.S.C. 2776);
            (4) section 62(c)(1) of such Act (22 U.S.C. 2796a(c)(1)); 
        and
            (5) section 63(a)(2) of such Act (22 U.S.C. 2796b(a)(2)).
    (c) Period of Application.--India may be included in the list of 
countries described in subsection (b) for a period of not more than 5 
years. Such period may be renewed for one or more subsequent periods of 
not more than 5 years if the President determines, with respect to each 
such renewal, that it is in the national interest of the United States 
to renew such period and notifies the appropriate congressional 
committees of such determination before the period to be renewed 
expires.

SEC. 103. ELIGIBILITY OF INDIA FOR THE STRATEGIC TRADE AUTHORIZATION 
              EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING 
              REQUIREMENTS.

    (a) In General.--The President shall include India on the list of 
countries eligible for the strategic trade authorization exception 
under section 740.20(c)(1) of title 15, Code of Federal Regulations, to 
the requirement for a license for the export, re-export, or in-country 
transfer of an item subject to controls under the Export Administration 
Regulations if the President submits to the appropriate congressional 
committees a certification described in subsection (b).
    (b) Certification Described.--A certification described in this 
subsection is a certification by the President that the Government of 
India meets the requirements necessary to become a party to the Missile 
Technology Control Regime, the Australia Group, the Nuclear Suppliers 
Group, and the Wassenaar Arrangement.

SEC. 104. ASSISTANCE TO PROMOTE AND SUPPORT THE ECONOMIC, 
              ENVIRONMENTAL, AND OTHER SECTORS OF INDIA.

    (a) In General.--The President is authorized to provide assistance 
to India to support the activities described in subsection (b).
    (b) Activities Supported.--The activities described in this 
subsection are activities to--
            (1) promote economic growth, including through regional 
        economic integration, innovation and entrepreneurship, 
        including through support for technology hubs and the 
        Government of India's digital and skill India initiatives, and 
        technical and vocational education;
            (2) support greater access to clean water and sanitation, 
        including through support for the Government of India's Swachh 
        Bharat campaigns, and improved access to public health 
        services, including support for cooperative cancer research, 
        prevention, control, and management and strengthened engagement 
        between the Centers for Disease Control and Prevention and 
        India's National Centre for Disease Control;
            (3) promote infrastructure development, including through 
        the establishment of an Infrastructure Collaboration Platform 
        that would enhance participation of United States businesses in 
        infrastructure projects in India, including in the 
        establishment of ``smart cities'';
            (4) promote efficient urban energy infrastructure, the 
        scaling of renewable energy integration into India's power 
        grid, and support for the Government of India's efforts to 
        upgrade its alternative energy institutes and to develop new 
        energy innovation centers;
            (5) support India's efforts to transition to a low-carbon 
        and climate-resilient energy economy, including financing to 
        facilitate expanded cooperation and enhance United States 
        private sector investment in Indian clean energy and other 
        infrastructure projects;
            (6) further international military education and training 
        opportunities for Indian military personnel consistent with 
        United States policy;
            (7) scale innovation in technologies for the benefit of the 
        peoples of the United States and India and to harness 
        innovation to solve global development challenges;
            (8) further educational exchange with a focus on vocational 
        education, increase the number of United States students who 
        study in India, and promote the Global Initiative of Academic 
        Networks to further academic exchanges with India, including 
        technical support to the Indian Institutes of Technology (IITs) 
        and other educational institutions, to strengthen research and 
        entrepreneurship capabilities;
            (9) expand joint development initiatives in third countries 
        in a range of sectors, including agricultural productivity, 
        election monitoring, clean energy, health, women's empowerment, 
        and disaster preparedness;
            (10) support the Government of India's efforts to improve 
        access to formal banking for India's poor, including through 
        India's Jan Dhan initiative; and
            (11) support collaboration in hydrology and water studies 
        and monsoon modeling.

            TITLE II--SENSE OF CONGRESS AND OTHER PROVISIONS

SEC. 201. MEMBERSHIP OF INDIA IN ASIA-PACIFIC ECONOMIC COOPERATION.

    (a) Sense of Congress.--It is the sense of Congress that India's 
entry into the Asia-Pacific Economic Cooperation (APEC) regional 
economic forum would advance the United States goal of increasing 
economic integration across Asia, further a constructive economic 
dialogue with India, and serve as a catalyst for India to abide by 
international trade norms and continue its process of economic 
liberalization.
    (b) Secretary of State Actions.--The Secretary of State shall seek 
to--
            (1) work with the Government of India in order to ensure 
        that India meets the necessary criteria for entry into APEC and 
        develop a strategy to obtain membership status for India in 
        APEC, including participation in related meetings, working 
        groups, activities, and mechanisms; and
            (2) actively engage with and urge APEC member states to 
        support such membership status for India.

SEC. 202. SENSE OF CONGRESS ON HIGH-STANDARD BILATERAL INVESTMENT 
              TREATY.

    It is the sense of Congress that--
            (1) strengthening the trade relationship between the United 
        States and India will have a meaningful impact upon the people 
        of the United States and India; and
            (2) in order to further strengthen and deepen the trade 
        relationship, the United States and the Government of India 
        should commence as soon as possible negotiations to finalize a 
        high-standard bilateral investment treaty.

SEC. 203. SENSE OF CONGRESS ON CIVILIAN NUCLEAR COOPERATION INITIATIVE.

    It is the sense of Congress that--
            (1) the Government of India should fully implement the 
        Civilian Nuclear Cooperation Initiative (CNCI); and
            (2) full implementation of the CNCI will lead to new 
        economic opportunities in both India and the United States and 
        expand India's ability to provide clean energy to its growing 
        population.

SEC. 204. REPORT ON TOTALIZATION AGREEMENT WITH INDIA.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, in coordination with the 
Commissioner of the Social Security Administration, shall submit to the 
appropriate congressional committees a report that--
            (1) specifies the statutory and regulatory requirements for 
        entry into an agreement with India for the purpose of 
        coordinating coverage under each country's social security 
        program (commonly referred to as a ``totalization agreement''); 
        and
            (2) evaluates the extent to which the social security 
        program of India meets or does not meet these and other 
        applicable requirements for such an agreement.
    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may contain a classified annex if necessary.
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