Sec. 1292. ENHANCING DEFENSE AND SECURITY COOPERATION WITH INDIA
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## SEC. 1292 ENHANCING DEFENSE AND SECURITY COOPERATION WITH INDIA **[**[22 U.S.C. 2751 note](/us/usc/t22/s2751)**]** ### (a)20 Actions ####
(1)In general The Secretary of Defense and Secretary of State should jointly take such actions as may be necessary to— #####
(A)recognize India’s status as a major defense partner of the United States; #####
(B)designate an individual within the executive branch who has experience in defense acquisition and technology— ######
(i)to reinforce and ensure, through interagency policy coordination, the success of the Framework for the United States-India Defense Relationship; ######
(ii)to help resolve remaining issues impeding United States-India defense trade, security cooperation, and co-production and co-development opportunities; and ######
(iii)to promote United States defense trade with India for the benefit of job creation and commercial competitiveness in the United States; #####
(C)approve and facilitate the transfer of advanced technology, consistent with United States conventional arms transfer policy, to support combined military planning with India’s military 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; #####
(D)strengthen the effectiveness of the U.S.-India Defense Trade and Technology Initiative and the durability of the Department of Defense’s “India Rapid Reaction Cell”; #####
(E)collaborate with the Government of India to develop 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, and to advance the Communications Interoperability and Security Memorandum of Agreement and The Basic Exchange and Cooperation Agreement for Geospatial Cooperation; #####
(F)promote policies that will encourage the efficient review and authorization of defense sales and exports to India; #####
(G)encourage greater government-to-government and commercial military transactions between the United States and India; #####
(H)support the development and alignment of India’s export control and procurement regimes with those of the United States and multilateral control regimes; #####
(I)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, including common security, and to enhance role of United States partners and allies in the defense relationship between the United States and India; #####
(J)support joint exercises, operations, and patrols and mutual defense planning with India; #####
(K)work with representatives of the Government of the Islamic Republic of Afghanistan and the Government of India to promote stability and development in Afghanistan; and #####
(L)support such other matters with respect to defense and security cooperation with India that the Secretary of Defense or the Secretary of State consider appropriate. 20Section 1258(a) of Public Law 115–91 provides for several amendments to section 1292(a) of the National Defense Authorization Act for the Fiscal Year 2017. Such instruction probably should not have included the word “the” after “Act for”; however, such amendments were executed to reflect the probable intent of Congress. ####
(2)Report #####
(A)In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter until December 31, 2021, the Secretary of Defense and Secretary of State shall jointly submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on how the United States is supporting its defense relationship with India in relation to the actions described in paragraph (1). #####
(B)Contents The report shall also include— ######
(i)a forward-looking strategy with specific benchmarks for measurable progress toward enhancing India’s status as a major defense partner and defense and security cooperation with India; ######
(ii)a description of any limitations that hinder or slows progress in implementing the actions described in subparagraphs
(A)through
(L)of paragraph (1); ######
(iii)a description of actions India is taking, or the actions the Secretary of Defense or the Secretary of State believe India should take, to advance the relationship between the United States, including actions relating to subparagraphs
(A)through
(L)of paragraph (1); ######
(iv)a description of the measures that can be taken by the United States and India to improve interoperability; and ######
(v)a description of the progress made in enabling agreements between the United States and India. ####
(3)Report form The report required by paragraph
(2)shall be submitted in unclassified form, but may include a classified annex. ###
(b)Bilateral Coordination To enhance cooperation and encourage military-to-military engagement between the United States and India, the Secretary of Defense should take appropriate actions to ensure that exchanges between senior military officers and senior civilian defense officials of the United States Government and the Government of India— ####
(1)are at a level appropriate to enhance engagement between the militaries of the two countries for threat analysis, military doctrine, force planning, mutual security interests, logistical support, intelligence, tactics, techniques and procedures, humanitarian assistance, and disaster relief; ####
(2)include exchanges of general and flag officers between the two countries; ####
(3)enhance cooperative military operations, including maritime security, counter-piracy, counter-terror cooperation, and domain awareness, in the Indo-Asia-Pacific region; ####
(4)accelerate the development of combined military planning for missions such as those identified in subsection (a)(1)(C) or in paragraph
(1)of this subsection, or other missions in the national security interests of both countries; and ####
(5)solicit and recognize actions and efforts by India that would allow the United States to treat India as a major defense partner. ###
(c)Assessment Required ####
(1)In general The Secretary of Defense and Secretary of State shall jointly, on an ongoing basis, conduct an assessment 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. ####
(2)Use of assessment The President shall ensure that the assessment described in paragraph
(1)is used, consistent with United States conventional arms transfer policy, to inform the review by the United States of requests to export defense articles, defense services, or related technology to India under the Arms Export Control Act (22 U.S.C. 2751 et seq.), and to inform any regulatory and policy adjustments that may be appropriate.
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