[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2865 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2865

To promote stability and security in the Asia-Pacific maritime domains, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2016

  Mr. Cardin (for himself, Mr. Gardner, Mr. Menendez, and Mr. Schatz) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To promote stability and security in the Asia-Pacific maritime domains, 
                        and for other purposes.

    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 ``Asia-Pacific Maritime Security 
Initiative Act of 2016''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee of Foreign Relations, the 
                Committee on Armed Services, and the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee of Foreign Affairs, the Committee 
                on Armed Services, and the Committee on Appropriations 
                of the House of Representatives.
            (2) Incremental expenses.--The term ``incremental 
        expenses''--
                    (A) means the reasonable and proper cost of the 
                goods and services that are consumed by a country as a 
                direct result of that country's participation in 
                training under the authority of this section, including 
                rations, fuel, training ammunition, and transportation; 
                and
                    (B) does not include pay, allowances, and other 
                normal costs of a country's personnel.
            (3) Other security forces.--The term ``other security 
        forces'' includes national security forces that conduct 
        maritime security, but does not include self-described militias 
        and paramilitary organizations.

    TITLE I--UNITED STATES POLICY ON ASIA-PACIFIC MARITIME SECURITY

SEC. 101. STATEMENT OF POLICY ON MAINTENANCE OF FREEDOM OF OPERATIONS 
              IN INTERNATIONAL WATERS AND AIRSPACE IN THE ASIA-PACIFIC 
              MARITIME DOMAINS.

    It is the policy of the United States that, as a longstanding Asia-
Pacific power, the United States will maintain and exercise routine 
freedom of operations in the international waters and airspace in the 
Asia-Pacific maritime domains, which are critical to the prosperity, 
stability, and security of the Asia-Pacific region.

SEC. 102. STATEMENT OF POLICY ON CLAIMS THAT IMPINGE ON RIGHTS, 
              FREEDOMS, AND LAWFUL USE OF THE SEAS.

    It is the policy of the United States--
            (1) to oppose all claims in the maritime domains that 
        impinges on the rights, freedoms, and lawful use of the seas 
        that belong to all nations; and
            (2) to uphold the principle that territorial and maritime 
        claims, including territorial waters or territorial seas, must 
        be derived from land features and otherwise comport with 
        international law.

SEC. 103. STATEMENT OF POLICY ON OPPOSITION TO UNILATERAL ACTIONS TO 
              CHANGE THE STATUS QUO IN THE SOUTH CHINA SEA.

    It is the policy of the United States--
            (1) to oppose the unilateral actions by any claimant 
        seeking to change the status quo in the South China Sea through 
        the use of coercion, intimidation, or military force;
            (2) to oppose reclamation activities in the South China 
        Sea, including the militarization of any reclaimed features;
            (3) to oppose actions by any country to prevent any other 
        country from exercising its sovereign rights to the resources 
        of the exclusive economic zone (EEZ) and continental shelf by 
        making claims to those areas in the South China Sea that have 
        no support in international law;
            (4) to oppose unilateral declarations of administrative and 
        military districts in contested areas in the South China Sea;
            (5) to oppose the militarization of new and reclaimed land 
        features in the South China Sea;
            (6) to oppose the imposition of new fishing regulations 
        covering disputed areas in the South China Sea, which have 
        raised tensions in the region; and
            (7)(A) to welcome the expected landmark decision by the 
        International Tribunal on the Law of the Sea in the case of 
        ``The Republic of Philippines v. The People's Republic of 
        China'';
            (B) to note that the decision is binding on all parties 
        involved and will constitute international law;
            (C) to call on all parties to abide by the ruling; and
            (D) to encourage other South China Sea claimants to seek 
        similar clarification of maritime disputes through arbitration.

SEC. 104. STATEMENT OF POLICY ON THE COMMITMENT AND SUPPORT OF THE 
              UNITED STATES FOR ALLIES AND PARTNERS IN THE ASIA-PACIFIC 
              REGION.

    It is the policy of the United States--
            (1) to reaffirm its unwavering commitment and support for 
        allies and partners in the Asia-Pacific region, including 
        longstanding United States policy regarding Article V of the 
        United States-Philippines Mutual Defense Treaty;
            (2) to reaffirm that Article V of the United States-Japan 
        Mutual Defense Treaty applies to the Japanese-administered 
        Senkaku Islands; and
            (3) to station and regularly deploy the newest and most 
        advanced United States air power assets to the Asia-Pacific 
        region, including F-22 stealth fighters, B-2 and B-52 strategic 
        bombers, and the expected forward-stationing of F-35 aircraft 
        in Iwakuni, Japan.

SEC. 105. STATEMENT OF POLICY ON EFFORTS OF THE ASSOCIATION OF 
              SOUTHEAST ASIAN NATIONS AND THE PEOPLE'S REPUBLIC OF 
              CHINA TO DEVELOP AN EFFECTIVE CODE OF CONDUCT.

    It is the policy of the United States--
            (1) to support efforts by the Association of Southeast 
        Asian Nations (ASEAN) and the People's Republic of China to 
        develop an effective Code of Conduct; and
            (2) to encourage claimants not to undertake new or 
        unilateral attempts to change the status quo since the signing 
        of the 2002 Declaration of Conduct, including reclamation 
        activities or asserting administrative measures or controls in 
        disputed areas in the South China Sea.

SEC. 106. STATEMENT OF POLICY ON THE CONTINUITY OF OPERATIONS BY THE 
              ARMED FORCES IN THE ASIA-PACIFIC REGION.

    It is the policy of the United States to assure the continuity of 
operations by the United States Armed Forces in the Asia-Pacific 
region, including, when appropriate, in cooperation with partners and 
allies, in order to reaffirm the principle of freedom of operations in 
international waters and airspace in accordance with established 
principles and practices of international law.

                 TITLE II--MARITIME SECURITY INITIATIVE

SEC. 201. MARITIME SECURITY INITIATIVE.

    (a) Program Authorized.--
            (1) In general.--The Secretary of Defense, in concurrence 
        with the Secretary of State, is authorized to provide 
        assistance, for the purpose of increasing maritime security and 
        domain awareness for countries in the Asia-Pacific region--
                    (A) to provide assistance to national military or 
                other security forces of such countries that have among 
                their functional responsibilities maritime security 
                missions;
                    (B) to provide training to ministry, agency, and 
                headquarters level organizations for such forces; and
                    (C) to provide assistance to and training to other 
                relevant foreign affairs, maritime, or security-related 
                ministries, agencies, departments or offices that 
                manage and oversight of maritime activities and policy 
                that the Secretary may so designate.
            (2) Designation of assistance and training.--The provision 
        of assistance and training under this section may be referred 
        to as the ``Maritime Security Initiative''.
            (3) Construction of limitations.--The Secretary may provide 
        assistance under this section without regard to any other 
        provision of law, other than section 620M of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2378d).
    (b) Eligible Countries.--In selecting countries in the Asia-Pacific 
region to which assistance is to be provided under the Initiative, the 
Secretary of Defense, in concurrence with the Secretary of State, shall 
prioritize the provision of assistance to countries that will 
contribute to the achievement of following objectives:
            (1) Retaining unhindered access to and use of international 
        waterways in the Asia-Pacific region that are critical to 
        ensuring the security and free flow of commerce and achieving 
        United States national security objectives.
            (2) Improving maritime domain awareness in the Asia-Pacific 
        region.
            (3) Countering piracy in the Asia-Pacific region.
            (4) Disrupting illicit maritime trafficking activities and 
        other forms of maritime trafficking activity in the Asia-
        Pacific that directly benefit organizations that have been 
        determined to be a security threat to the United States.
            (5) Enhancing the maritime capabilities of a country or 
        regional organization to respond to emerging threats to 
        maritime security in the Asia-Pacific region.
    (c) Types of Assistance and Training.--
            (1) Authorized elements of assistance.--Assistance provided 
        under subsection (a)(1)(A) may include the provision of 
        equipment, supplies, training, and small-scale military 
        construction.
            (2) Required elements of assistance and training.--
        Assistance and training provided under subsection (a) shall 
        include elements that promote the following:
                    (A) Observance of and respect for human rights and 
                fundamental freedoms.
                    (B) Respect for legitimate civilian authority 
                within the country to which the assistance is provided.
    (d) Priorities for Assistance and Training.--In developing programs 
for assistance or training to be provided under subsection (a), the 
Secretary of Defense shall accord a priority to assistance, training, 
or both that will enhance the maritime capabilities of the recipient 
foreign country, or a regional organization of which the recipient 
country is a member, to respond to emerging threats to maritime 
security.
    (e) Incremental Expenses of Personnel of Certain Other Countries 
for Training.--
            (1) Authority for payment.--If the Secretary of Defense 
        determines that the payment of incremental expenses in 
        connection with training described in subsection (a)(1)(B) will 
        facilitate the participation in such training of organization 
        personnel of foreign countries specified in paragraph (2), the 
        Secretary may use amounts available under subsection (f) for 
        assistance and training under subsection (a) for the payment of 
        such incremental expenses.
            (2) Covered countries.--The foreign countries specified in 
        this paragraph are the following:
                    (A) Brunei.
                    (B) Singapore.
                    (C) Taiwan.
    (f) Availability of Funds.--
            (1) Fiscal year 2017.--Of the amounts authorized to be 
        appropriated for fiscal year 2017 for the Department of Defense 
        for operation and maintenance, Defense-wide, $75,000,000 may be 
        available for the provision of assistance and training under 
        subsection (a).
            (2) Fiscal years 2018 through 2021.--In each of fiscal 
        years 2018 through 2021, from amounts authorized to be 
        appropriated for the Department of Defense for such fiscal year 
        for operation and maintenance, Defense-wide, $100,000,000 may 
        be available for the provision of assistance and training under 
        subsection (a).
            (3) Notice on source of funds.--If the Secretary of Defense 
        uses funds available to the Department pursuant to paragraph 
        (1) to provide assistance and training under subsection (a) 
        during a fiscal half-year, not later than 30 days after the end 
        of such fiscal half-year, the Secretary shall submit to the 
        appropriate congressional committees a notice on the account or 
        accounts providing such funds.
    (g) Notice to Congress on Assistance and Training.--Not later than 
15 days before exercising the authority under subsection (a) or (e) 
with respect to a recipient foreign country, the Secretary of Defense 
shall submit to the appropriate congressional committees a notification 
containing the following information:
            (1) The recipient foreign country.
            (2) A detailed justification of the program for the 
        provision of the assistance or training concerned, and its 
        relationship to United States security interests.
            (3) The budget for the program, including a timetable of 
        planned expenditures of funds to implement the program, an 
        implementation timeline for the program with milestones 
        (including anticipated delivery schedules for any assistance 
        under the program), the military department or component 
        responsible for management of the program, and the anticipated 
        completion date for the program.
            (4) A description of the arrangements, if any, to support 
        host nation sustainment of any capability developed pursuant to 
        the program, and the source of funds to support sustainment 
        efforts and performance outcomes to be achieved under the 
        program beyond its completion date, if applicable.
            (5) A description of the program objectives and an 
        assessment framework to be used to develop capability and 
        performance metrics associated with operational outcomes for 
        the recipient force.
            (6) Such other matters as the Secretary considers 
        appropriate.
    (h) Annual Report.--The Secretary of Defense shall submit to the 
appropriate congressional committees each year a report on the status 
of the provision of equipment, training, supplies, or other services 
provided pursuant to the program carried out under this section during 
the preceding year.
    (i) Expiration.--Assistance and training may not be provided under 
this section after September 30, 2022.

  TITLE III--SPECIAL FOREIGN MILITARY SALES STATUS FOR THE PHILIPPINES

SEC. 301. SPECIAL FOREIGN MILITARY SALES STATUS FOR THE PHILIPPINES.

    The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended--
            (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 
        21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2), 
        by inserting ``the Philippines,'' before ``or New Zealand'' 
        each place it appears;
            (2) in section 3(b)(2), by inserting ``the Government of 
        the Philippines,'' before ``or the Government of New Zealand''; 
        and
            (3) in section 21(h), by inserting ``the Philippines,'' 
        before ``or Israel'' each place it appears.

                             TITLE IV--IMET

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for fiscal year 2017 for the 
Department of State, out of amounts appropriated or otherwise made 
available for assistance under chapter 5 of part II of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2301 et seq.) (relating to 
international military education and training (IMET) assistance), 
$15,000,000 for activities in the Asia-Pacific region in accordance 
with this Act.

                  TITLE V--FOREIGN MILITARY FINANCING

SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

    In addition to any amounts appropriated pursuant to section 23 of 
the Arms Export Control Act (22 U.S.C. 2763) (relating to foreign 
military financing assistance), there is authorized to be appropriated 
$10,000,000 for fiscal year 2017 for activities in the Asia-Pacific 
region in accordance with this Act.

SEC. 502. PRIORITIES FOR ASSISTANCE.

    (a) Selection of Countries.--In selecting countries in the Asia-
Pacific region to which security assistance should be provided, the 
Secretary of State may prioritize the provision of maritime capacity 
building assistance to countries in the Asia-Pacific that will 
contribute to the achievement of following objectives:
            (1) Retaining unhindered access to and use of international 
        waterways in the Asia-Pacific region that are critical to 
        ensuring the security and free flow of commerce and achieving 
        United States national security objectives.
            (2) Improving maritime domain awareness in the Asia-Pacific 
        region.
            (3) Countering piracy in the Asia-Pacific region.
            (4) Disrupting illicit maritime trafficking activities and 
        other forms of maritime trafficking activity in the Asia-
        Pacific that directly benefit organizations that have been 
        determined to be a security threat to the United States.
            (5) Enhancing the maritime capabilities of a country or 
        regional organization to respond to emerging threats to 
        maritime security in the Asia-Pacific region.
    (b) Priorities.--In carrying out the provision of maritime capacity 
building--
            (1) priority may be placed on assistance to enhance the 
        maritime security capabilities of the military or security 
        forces of countries in the Asia-Pacific region that have 
        maritime missions and the government agencies responsible for 
        such forces; and
            (2) assistance may be provided to a country in the Asia-
        Pacific region to enhance the capabilities of that country, or 
        of a regional organization that includes that country, to 
        conduct--
                    (A) maritime intelligence, surveillance, and 
                reconnaissance;
                    (B) littoral and port security;
                    (C) Coast Guard operations;
                    (D) command and control; and
                    (E) management and oversight of maritime 
                activities.
    (c) Annual Report.--The Secretary of State shall submit to the 
appropriate committees of Congress each year a report on the status of 
the provision of equipment, training, supplies, or other services 
provided pursuant to maritime capacity building in the Asia-Pacific in 
the preceding year.

             TITLE VI--MARITIME LAW ENFORCEMENT INITIATIVE

SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for fiscal year 2017 for the 
Department of State for International Narcotics Control and Law 
Enforcement (INCLE), $7,500,000 for the support of the Southeast Asia 
maritime Law Enforcement Initiative.

             TITLE VII--TRANSFER OF EXCESS DEFENSE ARTICLES

SEC. 701. PRIORITY FOR TRANSFER OF EXCESS DEFENSE ARTICLES.

    Section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321j(c)(2)) is amended by striking ``and to the Philippines'' and 
inserting ``to the Philippines, and to other major non-NATO allies of 
the United States located in the Asia-Pacific region (including Japan, 
South Korea, Thailand, Australia and New Zealand) and other maritime 
ASEAN member states''.

SEC. 702. TRANSFER OF NAVAL VESSELS TO FOREIGN RECIPIENT.

    The Secretary of State, with the concurrence of the Secretary of 
Defense, is authorized to transfer one OLIVER HAZARD PERRY class guided 
missile frigate on a grant basis under section 516 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321j) to a foreign government 
pursuant to the program authorized in section 201(a) for the purposes 
of this Act.

       TITLE VIII--EQUALITY OF TREATMENT IN ARMS SALES FOR TAIWAN

SEC. 801. EQUALITY OF TREATMENT IN ARMS SALES FOR TAIWAN.

    (a) In General.--The President shall ensure that the United States 
Government treats every proposed arms sales for Taiwan with the same 
timelines, processes, and procedures, including formal notification to 
Congress under the Arms Export Control Act (22 U.S.C. 2751 et seq.), 
accorded to proposed arms transfers for all other countries.
    (b) Inspector General Reporting.--Not later than one year after the 
date of the enactment of this Act, and annually thereafter for 5 years, 
the Inspectors General of the Department of State and the Department of 
Defense shall review and report to the appropriate congressional 
committees on the compliance of those departments with the requirements 
of subsection (a).

                           TITLE IX--REPORTS

SEC. 901. REPORT ON PLANS FOR THE MAINTENANCE OF FREEDOM OF OPERATIONS 
              IN INTERNATIONAL WATERS AND AIRSPACE IN THE ASIA-PACIFIC 
              MARITIME DOMAINS.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Defense shall, with the concurrence with the 
Secretary of State, submit to the appropriate committees of Congress a 
report in classified form setting forth a plan, for each of the six-
month, one-year, and three-year periods beginning on the date of such 
report, for freedom of navigation assertions, shows of force, bilateral 
and multilateral military exercises, port calls, and training intended 
to enhance the maritime capabilities, respond to emerging threats, and 
maintain freedom of operations in international waters and airspace in 
the Asia-Pacific maritime domains.

SEC. 902. REPORT ON PLANS FOR PARTNER CAPACITY BUILDING.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of State shall, with the concurrence with the 
Secretary of Defense, submit to the appropriate congressional 
committees a report (in classified or unclassified form) setting forth 
a plan, for each of the six-month, one-year, and five-year periods 
beginning on the date of such report, for Partner Capacity Building 
assistance intended to enhance the maritime capabilities, respond to 
emerging threats, and maintain freedom of operations in international 
waters and airspace in the Asia-Pacific maritime domains.

SEC. 903. ANNUAL REPORT ON MILITARY AND NONMILITARY ACTIVITIES OF CHINA 
              IN THE SOUTH CHINA SEA.

    Not later than 90 days after the date of the enactment of this Act, 
and annually thereafter, the Secretary of State, in consultation with 
the Secretary of Defense, shall submit to the appropriate congressional 
committees an unclassified comprehensive report, with a classified 
annex if necessary, detailing the military and nonmilitary activities 
of the People's Republic of China in the South China Sea.

SEC. 904. NOTICE TO CONGRESS ON ASSISTANCE AND TRAINING.

    Not later than 15 days before exercising the authority under 
section 201, section 401, or section 501 or pursuant to the amendments 
made by section 301 with respect to a recipient foreign country, the 
Secretary of State or the Secretary of Defense, as the case may be, 
shall submit to the appropriate congressional committees a notification 
containing the following elements:
            (1) The name of the recipient foreign country.
            (2) A detailed justification for the provision of the 
        assistance or training concerned, and its relationship to 
        United States security interests.
            (3) The budget for the program, including--
                    (A) a timetable of planned expenditures of funds to 
                implement the program;
                    (B) an implementation timeline for the program with 
                milestones (including anticipated delivery schedules 
                for any assistance under the program);
                    (C) the military department or component 
                responsible for management of the program; and
                    (D) the anticipated completion date for the 
                program.
            (4) A description of the arrangements, if any, to support 
        host nation sustainment of any capability developed pursuant to 
        the program, and the source of funds to support sustainment 
        efforts and performance outcomes to be achieved under the 
        program beyond its completion date, if applicable.
            (5) A description of the program objectives and an 
        assessment framework to be used to develop capability and 
        performance metrics associated with operational outcomes for 
        the recipient force.
            (6) Such other matters as the Secretary considers 
        appropriate.
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