Title: United States-India Enhanced Cooperation Act of 2019
Policy area: International Affairs

Summary:
United States-India Enhanced Cooperation Act of 2019
This bill adjusts India's status, for the purposes of various restrictions and requirements related to the transfer of defense articles and services, so that it is similar to the status of U.S. allies such as Australia and Japan.
Under current law, the President must notify Congress of the proposed transfer of certain defense articles or services to another country, and Congress typically has 30 days to pass a joint resolution to block the transfer. The bill specifies that such transfers to India are subject to only a 15-day window for Congress to block the transfer. The bill also authorizes the President to (1) reduce or waive certain administrative and research costs related to the sale of defense articles or services to India; and (2) provide to India services related to the transfer of defense articles or services, such as quality inspection, without charge.
The bill expands existing annual reporting requirements relating to the U.S.-India defense partnership to include a description of the progress made in implementing existing agreements between the two countries, including the Defense Technology and Trade Initiative.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2123 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2123

To provide for United States actions to advance the United States-India 
                        strategic relationship.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 8, 2019

 Mr. Wilson of South Carolina (for himself, Mr. Sherman, Mr. Holding, 
  Ms. Gabbard, Mr. Yoho, and Mr. Bera) introduced the following bill; 
         which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To provide for United States actions to advance the United States-India 
                        strategic relationship.

    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 ``United States-India Enhanced 
Cooperation Act of 2019''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The turmoil in the world poses a serious threat to 
        United States national security interests and requires 
        cooperation with allies and friendly nations that are willing 
        to work with the United States in pursuit of shared objectives.
            (2) The June 7, 2016, paragraph 17 of the India-United 
        States Joint Statement entitled ``The United States and India: 
        Enduring Global Partners in the 21st Century'', notes that the 
        United States-India defense relationship can be an anchor of 
        stability, and given the increasingly strengthened cooperation 
        in defense, the United States recognized India as a Major 
        Defense Partner.
            (3) As such, the United States committed to continue to 
        work toward facilitating technology sharing with and transfer 
        of advanced strategic military capability to India on a level 
        commensurate with that of its closest allies and partners. The 
        leaders of the two countries reached an understanding under 
        which India would receive license-free access to a wide range 
        of dual-use technologies in conjunction with steps that India 
        has committed to take to advance its export control objectives.
            (4) As such, in support of India's initiative to develop a 
        domestic defense industrial capability and to support 
        integration into the global supply chain, the United States 
        committed to continuing to facilitate the export of goods and 
        technologies, consistent with United States law, for projects, 
        programs and joint ventures in support of official United 
        States-India defense and security cooperation.
            (5) Section 1292 of the National Defense Authorization Act 
        for Fiscal Year 2017 (22 U.S.C. 2751 note), relating to 
        enhancing defense and security cooperation with India, requests 
        that the Secretary of Defense and Secretary of State jointly 
        take such actions as may be necessary to recognize India's 
        status as a major defense partner of the United States, 
        consistent with the June 7, 2016, India-United States Joint 
        Statement.
            (6) On July 30, 2018, Secretary of Commerce Wilbur Ross 
        announced that India, because of its status as a major defense 
        partner, would be moved to the Department of Commerce's 
        Strategic Trade Authorization Tier 1 license designation list 
        which enables greater availability for exports and reexports 
        to, and transfers within, India for articles under the Export 
        Administration Regulations. In its final rule issued on August 
        3, 2018, the Department of Commerce's Bureau of Industry and 
        Security stated that the rule, which enabled India to be moved 
        to the Tier 1 list, ``befits India's status as a Major Defense 
        Partner''.
            (7) The Asia Reassurance Initiative Act of 2018 (Public Law 
        115-409) recognizes the ``vital role of the strategic 
        partnership between the United States and India'', and finds 
        that the designation of India as a major defense partner 
        ``elevates defense trade and technology cooperation between the 
        United States and India to a level commensurate with the 
        closest allies and partners of the United States''.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States to--
            (1) approve and facilitate the transfer of advanced 
        technology and strategic capability, consistent with United 
        States conventional arms transfer policy, to support combined 
        military planning with India for missions such as humanitarian 
        assistance and disaster relief, counter piracy, freedom of 
        navigation, and maritime domain awareness missions, and to 
        promote weapons systems interoperability;
            (2) reassure India that the United States recognizes the 
        importance of security of supply for major defense capabilities 
        acquired from the United States and its industries, and as such 
        will endeavor, consistent with United States law, to not 
        disrupt such supply;
            (3) collaborate with the Government of India in developing 
        mutually agreeable mechanisms to verify the security of defense 
        articles, defense services, and related technology, such as 
        appropriate cyber security and end-use monitoring arrangements, 
        consistent with United States export control laws and policy;
            (4) promote policies that will encourage the efficient 
        review and authorization of defense sales and export to India; 
        and
            (5) continue to enhance defense and security cooperation 
        with India in order to advance United States interests in the 
        South Asia and greater Indo-Asia-Pacific regions.

SEC. 4. UNITED STATES ACTIONS TO ADVANCE THE UNITED STATES-INDIA 
              STRATEGIC RELATIONSHIP.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States should take the following actions to advance the United States-
India strategic relationship:
            (1) Seek to enhance the capabilities of the United States 
        and India to address emerging common threats, increase security 
        cooperation, and expand joint military exercises.
            (2) Encourage and facilitate the role as priority partners 
        in the South Asia and greater Indo-Asia-Pacific regions.
            (3) Support the mutual interest in maritime security and 
        maritime domain awareness, as well as enhanced military 
        cooperation in joint exercises, training, and humanitarian 
        assistance and disaster relief.
            (4) Conduct a joint assessment, led by the Secretary of 
        State in partnership with the Secretary of Defense, of the 
        extent to which India possesses capabilities to support and 
        carry out military operations of mutual interest to the United 
        States and India, including an assessment of the defense export 
        control regulations and policies that need appropriate 
        modification, in recognition of India's capabilities and its 
        status as a major defense partner.
    (b) Report.--Subparagraph (B) of section 1292(a)(2) of the National 
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 
Stat. 2559; 22 U.S.C. 2751 note) is amended--
            (1) in clause (iv), by striking ``and'' after the semicolon 
        at the end;
            (2) in clause (v), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new clause:
                            ``(vi) a description in the progress made 
                        in implementing existing agreements between the 
                        United States and India, including the 
                        Communications Compatibility and Security 
                        Agreement (COMCASA) signed at the U.S.-India 
                        2+2 Ministerial Dialogue in September 2018, the 
                        Defense Technology and Trade Initiative (DTTI), 
                        and the Memorandum of Intent between the U.S. 
                        Defense Innovation Unit (DIU) and the Indian 
                        Defence Innovation Organization--Innovation for 
                        Defence Excellence (DIO-iDEX).''.
    (c) 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 section 3(b)(2), by inserting ``the Government of 
        India,'' before ``or the Government of New Zealand'';
            (2) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 
        21(e)(2)(A), 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; 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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