[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2901 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2901

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2016

Mr. Warner (for himself and Mr. Cornyn) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 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 ``Advancing U.S.-India Defense 
Cooperation 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; and
            (3) 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) Required Actions.--The President should take action to--
            (1) formalize India's status as a major partner of the 
        United States;
            (2) 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;
            (3) 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;
            (4) strengthen the effectiveness of the DTTI and the 
        durability of the Department of Defense's ``India Rapid 
        Reaction Cell'';
            (5) resolve issues impeding United States-India defense 
        trade, security cooperation, and co-production and co-
        development opportunities;
            (6) 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;
            (7) 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 
        closest defense partners of the United States;
            (8) pursue greater government-to-government and commercial 
        military transactions between the United States and India; and
            (9) support the development and alignment of India's export 
        control and procurement regimes with those of the United States 
        and multilateral control regimes.
    (d) 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.
    (e) Assessment Required.--
            (1) In general.--The President shall, on an annual basis, 
        carry out an assessment of the extent to which India possesses 
        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 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.
    (f) 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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