United States-India Enhanced Cooperation Act of 2019

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘United States-India 4 Enhanced Cooperation Act of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) The turmoil in the world poses a serious 8 threat to United States national security interests 9 and requires cooperation with allies and friendly na- 10 VerDate Sep 11 2014 22:01 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2123.IH H2123 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2123 IH tions that are willing to work with the United States 1 in pursuit of shared objectives. 2 (2) The June 7, 2016, paragraph 17 of the 3 India-United States Joint Statement entitled ‘‘The 4 United States and India: Enduring Global Partners 5 in the 21st Century’’, notes that the United States- 6 India defense relationship can be an anchor of sta- 7 bility, and given the increasingly strengthened co- 8 operation in defense, the United States recognized 9 India as a Major Defense Partner. 10 (3) As such, the United States committed to 11 continue to work toward facilitating technology shar- 12 ing with and transfer of advanced strategic military 13 capability to India on a level commensurate with 14 that of its closest allies and partners. The leaders of 15 the two countries reached an understanding under 16 which India would receive license-free access to a 17 wide range of dual-use technologies in conjunction 18 with steps that India has committed to take to ad- 19 vance its export control objectives. 20 (4) As such, in support of India’s initiative to 21 develop a domestic defense industrial capability and 22 to support integration into the global supply chain, 23 the United States committed to continuing to facili- 24 tate the export of goods and technologies, consistent 25 VerDate Sep 11 2014 22:01 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2123.IH H2123 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2123 IH with United States law, for projects, programs and 1 joint ventures in support of official United States- 2 India defense and security cooperation. 3 (5) Section 1292 of the National Defense Au- 4 thorization Act for Fiscal Year 2017 (22 U.S.C. 5 2751 note), relating to enhancing defense and secu- 6 rity cooperation with India, requests that the Sec- 7 retary of Defense and Secretary of State jointly take 8 such actions as may be necessary to recognize In- 9 dia’s status as a major defense partner of the 10 United States, consistent with the June 7, 2016, 11 India-United States Joint Statement. 12 (6) On July 30, 2018, Secretary of Commerce 13 Wilbur Ross announced that India, because of its 14 status as a major defense partner, would be moved 15 to the Department of Commerce’s Strategic Trade 16 Authorization Tier 1 license designation list which 17 enables greater availability for exports and reexports 18 to, and transfers within, India for articles under the 19 Export Administration Regulations. In its final rule 20 issued on August 3, 2018, the Department of Com- 21 merce’s Bureau of Industry and Security stated that 22 the rule, which enabled India to be moved to the 23 Tier 1 list, ‘‘befits India’s status as a Major Defense 24 Partner’’. 25 VerDate Sep 11 2014 22:01 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2123.IH H2123 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2123 IH (7) The Asia Reassurance Initiative Act of 1 2018 (Public Law 115–409) recognizes the ‘‘vital 2 role of the strategic partnership between the United 3 States and India’’, and finds that the designation of 4 India as a major defense partner ‘‘elevates defense 5 trade and technology cooperation between the 6 United States and India to a level commensurate 7 with the closest allies and partners of the United 8 States’’. 9 SEC. 3. STATEMENT OF POLICY. 10 It is the policy of the United States to— 11 (1) approve and facilitate the transfer of ad- 12 vanced technology and strategic capability, con- 13 sistent with United States conventional arms trans- 14 fer policy, to support combined military planning 15 with India for missions such as humanitarian assist- 16 ance and disaster relief, counter piracy, freedom of 17 navigation, and maritime domain awareness mis- 18 sions, and to promote weapons systems interoper- 19 ability; 20 (2) reassure India that the United States recog- 21 nizes the importance of security of supply for major 22 defense capabilities acquired from the United States 23 and its industries, and as such will endeavor, con- 24 VerDate Sep 11 2014 22:01 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2123.IH H2123 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 2123 IH sistent with United States law, to not disrupt such 1 supply; 2 (3) collaborate with the Government of India in 3 developing mutually agreeable mechanisms to verify 4 the security of defense articles, defense services, and 5 related technology, such as appropriate cyber secu- 6 rity and end-use monitoring arrangements, con- 7 sistent with United States export control laws and 8 policy; 9 (4) promote policies that will encourage the effi- 10 cient review and authorization of defense sales and 11 export to India; and 12 (5) continue to enhance defense and security 13 cooperation with India in order to advance United 14 States interests in the South Asia and greater Indo- 15 Asia-Pacific regions. 16 SEC. 4. UNITED STATES ACTIONS TO ADVANCE THE UNITED 17 STATES-INDIA STRATEGIC RELATIONSHIP. 18 (a) SENSE OF CONGRESS.—It is the sense of Con- 19 gress that the United States should take the following ac- 20 tions to advance the United States-India strategic rela- 21 tionship: 22 (1) Seek to enhance the capabilities of the 23 United States and India to address emerging com- 24 VerDate Sep 11 2014 22:01 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2123.IH H2123 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 2123 IH mon threats, increase security cooperation, and ex- 1 pand joint military exercises. 2 (2) Encourage and facilitate the role as priority 3 partners in the South Asia and greater Indo-Asia- 4 Pacific regions. 5 (3) Support the mutual interest in maritime se- 6 curity and maritime domain awareness, as well as 7 enhanced military cooperation in joint exercises, 8 training, and humanitarian assistance and disaster 9 relief. 10 (4) Conduct a joint assessment, led by the Sec- 11 retary of State in partnership with the Secretary of 12 Defense, of the extent to which India possesses ca- 13 pabilities to support and carry out military oper- 14 ations of mutual interest to the United States and 15 India, including an assessment of the defense export 16 control regulations and policies that need appro- 17 priate modification, in recognition of India’s capa- 18 bilities and its status as a major defense partner. 19 (b) REPORT.—Subparagraph (B) of section 20 1292(a)(2) of the National Defense Authorization Act for 21 Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2559; 22 22 U.S.C. 2751 note) is amended— 23 (1) in clause (iv), by striking ‘‘and’’ after the 24 semicolon at the end; 25 VerDate Sep 11 2014 22:01 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2123.IH H2123 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 2123 IH (2) in clause (v), by striking the period at the 1 end and inserting ‘‘; and’’; and 2 (3) by adding at the end the following new 3 clause: 4 ‘‘(vi) a description in the progress 5 made in implementing existing agreements 6 between the United States and India, in- 7 cluding the Communications Compatibility 8 and Security Agreement (COMCASA) 9 signed at the U.S.-India 2+2 Ministerial 10 Dialogue in September 2018, the Defense 11 Technology and Trade Initiative (DTTI), 12 and the Memorandum of Intent between 13 the U.S. Defense Innovation Unit (DIU) 14 and the Indian Defence Innovation Organi- 15 zation—Innovation for Defence Excellence 16 (DIO–iDEX).’’. 17 (c) FOREIGN MILITARY SALES AND EXPORT STATUS 18 UNDER ARMS EXPORT CONTROL ACT.—The Arms Ex- 19 port Control Act (22 U.S.C. 2751 et seq.) is amended— 20 (1) in section 3(b)(2), by inserting ‘‘the Govern- 21 ment of India,’’ before ‘‘or the Government of New 22 Zealand’’; 23 (2) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 24 3(d)(5), 21(e)(2)(A), 36(b)(1), 36(b)(2), 36(b)(6), 25 VerDate Sep 11 2014 22:01 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2123.IH H2123 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 2123 IH 36(c)(2)(A), 36(c)(5), 36(d)(2)(A), 62(c)(1), and 1 63(a)(2), by inserting ‘‘India,’’ before ‘‘or New Zea- 2 land’’ each place it appears; and 3 (3) in sections 21(h)(1)(A) and 21(h)(2), by in- 4 serting ‘‘India,’’ before ‘‘or Israel’’ each place it ap- 5 pears. 6 Æ VerDate Sep 11 2014 22:01 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H2123.IH H2123 pamtmann on DSKBFK8HB2PROD with BILLS