[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4841-S4842]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2515. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 1266. ENHANCED DEFENSE COOPERATION WITH INDIA.

       (a) Short Title.--This section may be cited as the ``United 
     States-India Defense Cooperation Act of 2024''.
       (b) Statement of Policy.--
       (1) In general.--It is the policy of the United States--
       (A) to support the Republic of India in its response to 
     growing threats to its internationally recognized land and 
     maritime borders;
       (B) 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
       (C) to cooperate with the Republic of India with respect to 
     defense, civil space, technology, medicine, and economic 
     investments.
       (2) 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.''.
       (c) 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.
       (d) 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.
       (e) Enhanced Defense Cooperation.--
       (1) 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 paragraph (2) for purposes of 
     applying and administering such provisions of law.
       (2) Arms export control act.--The provisions of law 
     described in this paragraph are--
       (A) paragraphs (3)(A)(i) and (5) of section 3(d) of the 
     Arms Export Control Act (22 U.S.C. 2753(d));
       (B) subsections (e)(2)(A), (h)(1)(A), and (h)(2) of section 
     21 of such Act (22 U.S.C. 2761);
       (C) subsections (b)(1), (b)(2), (b)(6), (c), and (d)(2)(A) 
     of section 36 of such Act (22 U.S.C. 2776); and
       (D) sections 62(c)(1) and 63(a)(2) of such Act (22 U.S.C. 
     2796a(c)(1) and 2796b(a)(2)).
       (f) 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.
       (g) Expedited Excess Defense Articles Transfer Program.--
       (1) 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)).
       (2) Report.--Not later than October 31 of each of the 
     fiscal years referred to in paragraph (1), the Secretary of 
     Defense, with the concurrence of the Secretary of State, 
     shall submit a report to the appropriate congressional 
     committees that describes--
       (A) the Republic of India's defense needs; and
       (B) how the United States intends to address such needs 
     through transfers of excess defense equipment to the Republic 
     of India during such fiscal year.
       (h) International Military Education and Training 
     Cooperation With India.--
       (1) 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 
     paragraph (2).
       (2) Assistance described.--The assistance described in this 
     paragraph consists of--
       (A) training future military leaders of the Republic of 
     India;
       (B) fostering a better understanding of the United States 
     among leaders of the Republic of India;
       (C) improving the rapport between the Armed Forces of the 
     United States and the Armed Forces of the Republic of India 
     to build lasting partnerships;
       (D) enhancing interoperability and capabilities for joint 
     operations involving the United States and the Republic of 
     India; and
       (E) focusing on professional military education, civilian 
     control of the military, and protection of human rights in 
     the Republic of India.
       (i) Supporting Stability and Conflict Prevention in South 
     Asia.--
       (1) 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.
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) 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;

[[Page S4842]]

       (B) a list of all instances in which the Islamic Republic 
     of Pakistan has provided safe haven to terrorist groups; and
       (C) a determination and description of any assistance the 
     Islamic Republic of Pakistan has provided to militants in the 
     union territory of Jammu and Kashmir.
       (3) Form of report.--The report required under paragraph 
     (1) shall be submitted in an unclassified form, but may 
     include a classified annex.
       (4) Effect of determination.--If the Secretary of State 
     determines in the report required under paragraph (1) 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 in 
     accordance with paragraph (1).
       (5) Waiver.--The Secretary of State may waive the 
     limitation under paragraph (4) for a specific transfer of 
     defense articles or equipment, or for the provision of a 
     specific training or other assistance, if the Secretary--
       (A) certifies to the appropriate congressional committees 
     that a transfer or provision of assistance is needed by the 
     Government of the Islamic Republic of Pakistan--
       (i) 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;
       (ii) 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
       (iii) 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
       (B) 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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