II 118th CONGRESS 2d Session S. 4793 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. 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. 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. . 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. 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 . 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)). 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. 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. 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. 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.