II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘United States-India Defense Cooperation Act of 2024’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


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Sec. 8. International Military Education and Training cooperation with India. 

Sec. 9. Supporting stability and conflict prevention in South Asia. 

1 SEC. 2. STATEMENT OF POLICY. 

2 (a) IN GENERAL.—It is the policy of the United 

3 States— 

4 (1) to support the Republic of India in its re5 sponse to growing threats to its internationally rec6 ognized land and maritime borders; 

7 (2) to provide necessary security assistance to 

8 the Republic of India to deter actions by foreign ac9 tors that violate the Republic of India’s land and 

10 maritime borders, as recognized by the United 

11 States Government; and 

12 (3) to cooperate with the Republic of India with 

13 respect to defense, civil space, technology, medicine, 

14 and economic investments. 

15 (b) EXCEPTION FOR SANCTIONABLE TRANSACTIONS

16 UNDER SECTION 231 OF THE COUNTERING AMERICA’S

17 ADVERSARIES THROUGH SANCTIONS ACT.—Section 231 

18 of the Countering America’s Adversaries Through Sanc19 tions Act (Public Law 115–44; 22 U.S.C. 9525) is amend20 ed by adding at the end the following: 

21 ‘‘(g) EXCEPTION.—Sanctions imposed pursuant to 

22 subsection (a) shall not apply with respect to a foreign 

23 person or an agency or instrumentality of a foreign state 


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1 for transactions concerning capabilities currently in use by 

2 the armed forces of the Republic of India.’’. 

3 SEC. 3. SENSE OF CONGRESS. 

4 It is the sense of Congress that— 

5 (1) expeditious consideration of certifications of 

6 letters of offer to sell defense articles, defense serv7 ices, design and construction services, and major de8 fense equipment to the Republic of India under sec9 tion 36(b) of the Arms Export Control Act (22 

10 U.S.C. 2776(b)) is fully consistent with United 

11 States national security and foreign policy interests; 

12 and 

13 (2) it is in the interest of peace and stability for 

14 the Republic of India to have the capabilities needed 

15 to deter threats against its sovereignty. 

16 SEC. 4. DEFINED TERM. 

17 In this Act, the term ‘‘appropriate congressional com18 mittees’’ means— 

19 (1) the Committee on Armed Services of the 

20 Senate; and 

21 (2) the Committee on Armed Services of the 

22 House of Representatives. 

23 SEC. 5. ENHANCED DEFENSE COOPERATION. 

24 (a) IN GENERAL.—During the 3-year period begin25 ning on the date of the enactment of this Act, the Republic 


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1 of India shall be treated as if it were a country listed in 

2 the provisions of law described in subsection (b) for pur3 poses of applying and administering such provisions of 

4 law. 

5 (b) ARMS EXPORT CONTROL ACT.—The provisions 

6 of law described in this subsection are— 

7 (1) paragraphs (3)(A)(i) and (5) of section 3(d) 

8 of the Arms Export Control Act (22 U.S.C. 

9 2753(d)); 

10 (2) subsections (e)(2)(A), (h)(1)(A), and (h)(2) 

11 of section 21 of such Act (22 U.S.C. 2761); 

12 (3) subsections (b)(1), (b)(2), (b)(6), (c), and 

13 (d)(2)(A) of section 36 of such Act (22 U.S.C. 

14 2776); and 

15 (4) sections 62(c)(1) and 63(a)(2) of such Act 

16 (22 U.S.C. 2796a(c)(1) and 2796b(a)(2)). 

17 SEC. 6. MEMORANDUM OF UNDERSTANDING. 

18 Subject to the availability of appropriations, the Sec19 retary of State is authorized to enter into a memorandum 

20 of understanding with the Republic of India to increase 

21 military cooperation, including joint military exercises, 

22 personnel exchanges, support for international peace23 keeping missions, and enhanced strategic dialogue. 


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1 SEC. 7. EXPEDITED EXCESS DEFENSE ARTICLES TRANSFER 

2 PROGRAM. 

3 (a) IN GENERAL.—During each of the fiscal years 

4 2025 through 2027, the delivery of excess defense articles 

5 to the Republic of India shall be given the same priority 

6 as the priority given to other countries and regions under 

7 section 516(c)(2) of the Foreign Assistance Act of 1961 

8 (22 U.S.C. 2321j(c)(2)). 

9 (b) REPORT.—Not later than October 31 of each of 

10 the fiscal years referred to in subsection (a), the Secretary 

11 of Defense, with the concurrence of the Secretary of State, 

12 shall submit a report to the appropriate congressional 

13 committees that describes— 

14 (1) the Republic of India’s defense needs; and 

15 (2) how the United States intends to address 

16 such needs through transfers of excess defense 

17 equipment to the Republic of India during such fis18 cal year. 

19 SEC. 8. INTERNATIONAL MILITARY EDUCATION AND TRAIN20 ING COOPERATION WITH INDIA. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to the Department of State 

23 $2,000,000 for each of the fiscal years 2025 through 

24 2027, which shall be used to provide the international mili25 tary education and training assistance for the Republic of 

26 India described in subsection (b). 


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1 (b) ASSISTANCE DESCRIBED.—The assistance de2 scribed in this subsection is— 

3 (1) training future military leaders of the Re4 public of India; 

5 (2) fostering a better understanding of the 

6 United States among leaders of the Republic of 

7 India; 

8 (3) improving the rapport between the Armed 

9 Forces of the United States and the Armed Forces 

10 of the Republic of India to build lasting partner11 ships; 

12 (4) enhancing interoperability and capabilities 

13 for joint operations involving the United States and 

14 the Republic of India; and 

15 (5) focusing on professional military education, 

16 civilian control of the military, and protection of 

17 human rights in the Republic of India. 

18 SEC. 9. SUPPORTING STABILITY AND CONFLICT PREVEN19 TION IN SOUTH ASIA. 

20 (a) REPORT REQUIRED.—Not later than 90 days 

21 after the date of the enactment of this Act, and annually 

22 thereafter not later than 30 days before the beginning of 

23 each fiscal year, the Secretary of State, in consultation 

24 with the heads of other relevant Federal agencies, shall 

25 submit a report to the appropriate congressional commitVerDate Sep 11 2014 00:18 Aug 23, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4793.IS S4793

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1 tees regarding offensive uses of force against the Republic 

2 of India. 

3 (b) ELEMENTS.—The report required under sub4 section (a) shall include— 

5 (1) a list of all instances in which the Islamic 

6 Republic of Pakistan has used offensive force, in7 cluding the use of proxies, against the Republic of 

8 India; 

9 (2) a list of all instances in which the Islamic 

10 Republic of Pakistan has provided safe haven to ter11 rorist groups; and 

12 (3) a determination and description of any as13 sistance the Islamic Republic of Pakistan has pro14 vided to militants in the union territory of Jammu 

15 and Kashmir. 

16 (c) FORM OF REPORT.—The report required under 

17 subsection (a) shall be submitted in an unclassified form, 

18 but may include a classified annex. 

19 (d) EFFECT OF DETERMINATION.—If the Secretary 

20 of State determines in the report required under sub21 section (a) that the Islamic Republic of Pakistan is pro22 viding assistance to militants in Jammu and Kashmir or 

23 is taking other offensive uses of force against the Republic 

24 of India, no security assistance under this Act or under 

25 any other Act may be provided to the Government of the 


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1 Islamic Republic of Pakistan until after the submission 

2 of a subsequent report required under subsection (a). 

3 (e) WAIVER.—The Secretary of State may waive the 

4 limitation under subsection (a) for a specific transfer of 

5 defense articles or equipment, or for the provision of a 

6 specific training or other assistance, if the Secretary— 

7 (1) certifies to the appropriate congressional 

8 committees that a transfer or provision of assistance 

9 is needed by the Government of the Islamic Republic 

10 of Pakistan— 

11 (A) to dismantle supplier networks relating 

12 to the acquisition of nuclear weapons-related 

13 materials, such as providing relevant informa14 tion from or direct access to Pakistani nationals 

15 associated with such networks; 

16 (B) to combat terrorist groups that have 

17 conducted attacks against the United States or 

18 coalition forces in Afghanistan, or against the 

19 territory or people of neighboring countries; or 

20 (C) to prevent al Qaeda, the Taliban, the 

21 Islamic State, and associated terrorist groups 

22 and offshoots, such as Lashkar-e-Taiba and 

23 Jaish-e-Mohammed, from operating in the terri24 tory of Pakistan, including carrying out cross25 border attacks into neighboring countries, closVerDate Sep 11 2014 00:18 Aug 23, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4793.IS S4793

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1 ing terrorist camps in the Federally Adminis2 tered Tribal Areas, dismantling terrorist bases 

3 of operations in other parts of the country, in4 cluding Quetta and Muridke, and taking action 

5 when provided with intelligence about high-level 

6 terrorist targets; and 

7 (2) not less than 30 days before such waiver 

8 takes effect, submits a report to the appropriate con9 gressional committees that justifies such waiver. 

Æ 


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