[Congressional Record Volume 162, Number 90 (Wednesday, June 8, 2016)]
[Senate]
[Page S3664]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4600. Mr. CORNYN 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:

       At the end of subtitle H of title XII, add the following:

     SEC. 1277. REPORT ON POTENTIAL VIOLATIONS BY IRAN OF THE 
                   RIGHT UNDER INTERNATIONAL LAW TO CONDUCT 
                   INNOCENT PASSAGE.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate congressional committees a report 
     that includes a determination with respect to whether, during 
     or after the incident that began on January 12, 2016, in 
     which forces of Iran boarded two United States Navy riverine 
     combat vessels and detained at gunpoint the crews of those 
     vessels, any of the actions of the forces of Iran constituted 
     a violation of the right under international law to conduct 
     innocent passage.
       (b) Actions to Be Assessed.--In assessing actions of the 
     forces of Iran under subsection (a), the Secretary shall 
     consider, at a minimum, the following actions:
       (1) The stopping, boarding, search, and seizure of the two 
     United States Navy riverine combat vessels in the incident 
     described in subsection (a).
       (2) The removal from their vessels and detention of members 
     of the United States Armed Forces in that incident.
       (3) The theft or confiscation of electronic navigational 
     equipment or any other equipment from the vessels.
       (4) The forcing of one or more members of the United States 
     Armed Forces to apologize for their actions.
       (5) The display, videotaping, or photographing of members 
     of the United States Armed Forces and the subsequent 
     broadcasting or other use of those photographs or videos.
       (6) The forcing of female members of the United States 
     Armed Forces to wear head coverings.
       (c) Description of Actions.--In the case of each action 
     that the Secretary determines under subsection (a) is a 
     violation of the right under international law to conduct 
     innocent passage, the Secretary shall include in the report 
     required by that subsection a description of the action and 
     an explanation of how the action violated that right.
       (d) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (e) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services of the Senate; and
       (B) the Committee on Armed Services of the House of 
     Representatives.
       (2) Forces of iran.--The term ``forces of Iran'' means the 
     Islamic Revolutionary Guard Corps, members of other military 
     or paramilitary units of the Government of Iran, and other 
     agents of that Government.
       (3) Innocent passage.--The term ``innocent passage'' means 
     the principle under customary international law that all 
     vessels have the right to conduct innocent passage through 
     another country's territorial waters for the purpose of 
     continuous and expeditious traversing.
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