[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4793 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4793

   To improve defense cooperation between the United States and the 
                           Republic of India.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2024

   Mr. Rubio introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
   To improve defense cooperation between the United States and the 
                           Republic of India.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``United States-
India Defense Cooperation Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Statement of policy.
Sec. 3. Sense of Congress.
Sec. 4. Defined term.
Sec. 5. Enhanced defense cooperation.
Sec. 6. Memorandum of understanding.
Sec. 7. Expedited excess defense articles transfer program.
Sec. 8. International Military Education and Training cooperation with 
                            India.
Sec. 9. Supporting stability and conflict prevention in South Asia.

SEC. 2. STATEMENT OF POLICY.

    (a) In General.--It is the policy of the United States--
            (1) to support the Republic of India in its response to 
        growing threats to its internationally recognized land and 
        maritime borders;
            (2) to provide necessary security assistance to the 
        Republic of India to deter actions by foreign actors that 
        violate the Republic of India's land and maritime borders, as 
        recognized by the United States Government; and
            (3) to cooperate with the Republic of India with respect to 
        defense, civil space, technology, medicine, and economic 
        investments.
    (b) Exception for Sanctionable Transactions Under Section 231 of 
the Countering America's Adversaries Through Sanctions Act.--Section 
231 of the Countering America's Adversaries Through Sanctions Act 
(Public Law 115-44; 22 U.S.C. 9525) is amended by adding at the end the 
following:
    ``(g) Exception.--Sanctions imposed pursuant to subsection (a) 
shall not apply with respect to a foreign person or an agency or 
instrumentality of a foreign state for transactions concerning 
capabilities currently in use by the armed forces of the Republic of 
India.''.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) 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 India under section 36(b) of the Arms Export 
        Control Act (22 U.S.C. 2776(b)) is fully consistent with United 
        States national security and foreign policy interests; and
            (2) it is in the interest of peace and stability for the 
        Republic of India to have the capabilities needed to deter 
        threats against its sovereignty.

SEC. 4. DEFINED TERM.

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

SEC. 5. ENHANCED DEFENSE COOPERATION.

    (a) In General.--During the 3-year period beginning on the date of 
the enactment of this Act, the Republic of India shall be treated as if 
it were a country listed in the provisions of law described in 
subsection (b) for purposes of applying and administering such 
provisions of law.
    (b) Arms Export Control Act.--The provisions of law described in 
this subsection are--
            (1) paragraphs (3)(A)(i) and (5) of section 3(d) of the 
        Arms Export Control Act (22 U.S.C. 2753(d));
            (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); and
            (4) sections 62(c)(1) and 63(a)(2) of such Act (22 U.S.C. 
        2796a(c)(1) and 2796b(a)(2)).

SEC. 6. MEMORANDUM OF UNDERSTANDING.

    Subject to the availability of appropriations, the Secretary of 
State is authorized to enter into a memorandum of understanding with 
the Republic of India to increase military cooperation, including joint 
military exercises, personnel exchanges, support for international 
peacekeeping missions, and enhanced strategic dialogue.

SEC. 7. EXPEDITED EXCESS DEFENSE ARTICLES TRANSFER PROGRAM.

    (a) In General.--During each of the fiscal years 2025 through 2027, 
the delivery of excess defense articles to the Republic of India shall 
be given the same priority as the priority given to other countries and 
regions under section 516(c)(2) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2321j(c)(2)).
    (b) Report.--Not later than October 31 of each of the fiscal years 
referred to in subsection (a), the Secretary of Defense, with the 
concurrence of the Secretary of State, shall submit a report to the 
appropriate congressional committees that describes--
            (1) the Republic of India's defense needs; and
            (2) how the United States intends to address such needs 
        through transfers of excess defense equipment to the Republic 
        of India during such fiscal year.

SEC. 8. INTERNATIONAL MILITARY EDUCATION AND TRAINING COOPERATION WITH 
              INDIA.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of State $2,000,000 for each of the 
fiscal years 2025 through 2027, which shall be used to provide the 
international military education and training assistance for the 
Republic of India described in subsection (b).
    (b) Assistance Described.--The assistance described in this 
subsection is--
            (1) training future military leaders of the Republic of 
        India;
            (2) fostering a better understanding of the United States 
        among leaders of the Republic of India;
            (3) improving the rapport between the Armed Forces of the 
        United States and the Armed Forces of the Republic of India to 
        build lasting partnerships;
            (4) enhancing interoperability and capabilities for joint 
        operations involving the United States and the Republic of 
        India; and
            (5) focusing on professional military education, civilian 
        control of the military, and protection of human rights in the 
        Republic of India.

SEC. 9. SUPPORTING STABILITY AND CONFLICT PREVENTION IN SOUTH ASIA.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter not later than 30 days 
before the beginning of each fiscal year, the Secretary of State, in 
consultation with the heads of other relevant Federal agencies, shall 
submit a report to the appropriate congressional committees regarding 
offensive uses of force against the Republic of India.
    (b) Elements.--The report required under subsection (a) shall 
include--
            (1) a list of all instances in which the Islamic Republic 
        of Pakistan has used offensive force, including the use of 
        proxies, against the Republic of India;
            (2) a list of all instances in which the Islamic Republic 
        of Pakistan has provided safe haven to terrorist groups; and
            (3) a determination and description of any assistance the 
        Islamic Republic of Pakistan has provided to militants in the 
        union territory of Jammu and Kashmir.
    (c) Form of Report.--The report required under subsection (a) shall 
be submitted in an unclassified form, but may include a classified 
annex.
    (d) Effect of Determination.--If the Secretary of State determines 
in the report required under subsection (a) that the Islamic Republic 
of Pakistan is providing assistance to militants in Jammu and Kashmir 
or is taking other offensive uses of force against the Republic of 
India, no security assistance under this Act or under any other Act may 
be provided to the Government of the Islamic Republic of Pakistan until 
after the submission of a subsequent report required under subsection 
(a).
    (e) Waiver.--The Secretary of State may waive the limitation under 
subsection (a) for a specific transfer of defense articles or 
equipment, or for the provision of a specific training or other 
assistance, if the Secretary--
            (1) certifies to the appropriate congressional committees 
        that a transfer or provision of assistance is needed by the 
        Government of the Islamic Republic of Pakistan--
                    (A) to dismantle supplier networks relating to the 
                acquisition of nuclear weapons-related materials, such 
                as providing relevant information from or direct access 
                to Pakistani nationals associated with such networks;
                    (B) to combat terrorist groups that have conducted 
                attacks against the United States or coalition forces 
                in Afghanistan, or against the territory or people of 
                neighboring countries; or
                    (C) to prevent al Qaeda, the Taliban, the Islamic 
                State, and associated terrorist groups and offshoots, 
                such as Lashkar-e-Taiba and Jaish-e-Mohammed, from 
                operating in the territory of Pakistan, including 
                carrying out cross-border attacks into neighboring 
                countries, closing terrorist camps in the Federally 
                Administered Tribal Areas, dismantling terrorist bases 
                of operations in other parts of the country, including 
                Quetta and Muridke, and taking action when provided 
                with intelligence about high-level terrorist targets; 
                and
            (2) not less than 30 days before such waiver takes effect, 
        submits a report to the appropriate congressional committees 
        that justifies such waiver.
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