[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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