S.Amdt. 2515

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;

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(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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