[Congressional Record Volume 162, Number 89 (Tuesday, June 7, 2016)]
[Senate]
[Pages S3547-S3548]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4450. Mr. SULLIVAN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 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:

       After section 1241, insert the following:

[[Page S3548]]

  


     SEC. 1241A. UNITED STATES POLICY WITH RESPECT TO FREEDOM OF 
                   NAVIGATION OPERATIONS IN INTERNATIONAL WATERS 
                   AND AIRSPACE.

       (a) Findings.--Congress makes the following findings:
       (1) Since the Declaration of Independence in 1776, which 
     was inspired in part as a response to a ``tyrant'' who 
     ``plundered our seas, ravaged our Coasts'' and who wrote laws 
     ``for cutting off our Trade with all parts of the world'', 
     freedom of seas and promotion of international commerce have 
     been core security interests of the United States.
       (2) Article I, section 8 of the Constitution of the United 
     States establishes enumerated powers for Congress which 
     include regulating commerce with foreign nations, punishing 
     piracies and felonies committed on the high seas and offenses 
     against the law of nations, and providing and maintaining a 
     Navy.
       (3) For centuries, the United States has maintained a 
     bedrock commitment to ensuring the right to freedom of 
     navigation for all law-abiding parties in every region of the 
     world.
       (4) In support of international law, the longstanding 
     United States commitment to freedom of navigation and 
     ensuring the free access to sea lanes to promote global 
     commerce remains a core security interest of the United 
     States.
       (5) This is particularly true in areas of the world that 
     are critical transportation corridors and key routes for 
     global commerce, such as the South China Sea and the East 
     China Sea, through which a significant portion of global 
     commerce transits.
       (6) The consistent exercise of freedom of navigation 
     operations and overflights by United States naval and air 
     forces throughout the world plays a critical role in 
     safeguarding the freedom of the seas for all lawful nations, 
     supporting international law, and ensuring the continued safe 
     passage and promotion of global commerce and trade.
       (b) Declaration of Policy.--It is the policy of the United 
     States to fly, sail, and operate throughout the oceans, seas, 
     and airspace of the world wherever international law allows.
       (c) Implementation of Policy.--
       (1) In general.--In furtherance of the policy set forth in 
     subsection (b), the Secretary of Defense shall--
       (A) plan and execute a robust series of routine and regular 
     freedom of navigation operations (FONOPs) throughout the 
     world, with a particular emphasis on critical transportation 
     corridors and key routes for global commerce (such as the 
     South China Sea and the East China Sea);
       (B) execute, in such critical transportation corridors, 
     routine and regular maritime freedom of navigation operations 
     throughout the year;
       (C) in addition to the operations executed pursuant to 
     subparagraph (B), execute routine and regular maritime 
     freedom of navigation operations throughout the year, in 
     accordance with international law, including the use of 
     expanded military options and maneuvers beyond innocent 
     passage (including fire-control radars, small boat launches, 
     and helicopter patrols);
       (D) to the maximum extent practicable, execute freedom of 
     navigation operations pursuant to this subsection with 
     regional partner countries and allies of the United States; 
     and
       (E) when necessary, execute other routine and regular 
     freedom of navigation operations to challenge maritime and 
     airspace claims by other countries that are not consistent 
     with international law.
       (2) Waiver.--The Secretary may waive a requirement in 
     paragraph (1) to execute a freedom of navigation operation 
     otherwise specified by that paragraph if the Secretary 
     certifies to the congressional defense committees in writing 
     that the waiver is in the national security interests of the 
     United States and includes with such certification a 
     justification for the waiver.
       (d) Annual Reports.--
       (1) In general.--Not later then June 30 each year, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the freedom of navigation 
     operations executed pursuant to subsection (c) during the 
     preceding calendar year.
       (2) Elements.--Each report under this subsection shall 
     include, for the calendar year covered by such report, the 
     following:
       (A) A list of each freedom of navigation operation 
     executed.
       (B) A description of each such operation, including--
       (i) the location of the operation;
       (ii) the type of claim challenged by the operation;
       (iii) the specific military operations conducted during the 
     operation; and
       (iv) each partner country or ally, if any, included in the 
     operation.
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