Asia-Pacific Maritime Security Initiative Act of 2016

Summary: Asia-Pacific Maritime Security Initiative Act of 2016 This bill expresses the sense of Congress that: (1) the United States should support the efforts of the Southeast Asian nations to strengthen their maritime security capacity, and (2) the maritime security of U.S. allies and partners bordering the South China Sea would be enhanced by the transfer of an Oliver Hazard Perry class frigate to an appropriate regional country. In selecting Asia-Pacific region countries to receive maritime capacity building assistance, the Department of State may prioritize those countries that will contribute to achieving the following regional objectives:   retaining access to waterways that are critical to the security and free flow of commerce and U.S. security objectives,  improving maritime domain awareness,  countering piracy,  disrupting maritime trafficking that benefits organizations that are threats to U.S. security, and  enhancing country or regional organization capabilities to respond to emerging maritime security threats.   The bill urges the State Department to seek a bilateral memorandum of understanding with each of the governments of the Philippines, Malaysia, Vietnam, and Indonesia to outline the delivery of planned maritime security capabilities through FY2020.  The bill authorizes: (1) international military education/training and foreign military financing for the Asia-Pacific region, and (2) the Southeast Asia Maritime Law Enforcement Initiative. The Foreign Assistance Act of 1961 is amended to provide priority delivery of excess defense articles to Malaysia, Vietnam, and Indonesia for articles that are used for maritime security-related missions. The President shall ensure that the U.S. government treats proposed arms sales for Taiwan with the same procedures that are accorded to all other countries.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Asia-Pacific Maritime Security 
Initiative Act of 2016''.

SEC. 2. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.

    In this Act, the term ``appropriate committees of Congress'' 
means--
            (1) the Committee on Foreign Relations, the Committee on 
        Armed Services, and the Committee on Appropriations of the 
        Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Armed Services, and the Committee on Appropriations of the 
        House of Representatives.

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

SEC. 101. STATEMENT OF POLICY ON UNITED STATES INTERESTS IN THE ASIA-
              PACIFIC MARITIME DOMAINS.

    It is the policy of the United States that, as a longstanding Asia-
Pacific power, the United States has enduring national interests in the 
Asia-Pacific region, including the South China Sea. These interests 
include--
            (1) the maintenance of peace and stability and the peaceful 
        settlement of disputes;
            (2) rights, freedom, and lawful uses of the sea in the 
        waters and airspace in the Asia-Pacific maritime domains, which 
        are critical to the prosperity, stability, and security of the 
        Asia-Pacific region;
            (3) the maintenance of United States alliances and security 
        partnerships in the region;
            (4) unimpeded lawful and sustainable commerce, to include 
        the cessation of illegal, unreported, and unregulated fishing, 
        joint use and development of the South China Sea's underwater 
        and seabed resources, and support for the ecological 
        sustainment of the South China Sea; and
            (5) respect for international law.

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 not take a position on the competing territorial 
        claims to land features in the South China Sea;
            (2) to oppose claims in the maritime domains that impinge 
        on the rights, freedoms, and lawful use of the seas that belong 
        to all nations;
            (3) to uphold the principle that territorial and maritime 
        claims, including territorial seas, must be derived from land 
        features and otherwise comport with international law; and
            (4)(A) to note that the 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'' is binding on 
        all parties involved in accordance with international law and 
        pursuant to the Philippines and the treaty obligations of the 
        People's Republic of China; and
            (B) to call on the parties to abide by the ruling.

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 provocative reclamation and island building 
        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, consistent with international law, 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 are inconsistent with 
        international law; and
            (4) to oppose unilateral declarations of administrative and 
        military districts or fishing regulations in contested areas in 
        the South China Sea, which have raised tensions.

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

    (a) Statement of Policy.--It is the policy of the United States--
            (1) to affirm its unwavering commitment and support for 
        allies and partners in the Asia-Pacific region;
            (2) to reaffirm Article IV of the United States-Philippines 
        Mutual Defense Treaty which provides that ``each Party 
        recognizes that an armed attack on either Party in the Pacific 
        Area on either of the Parties would be dangerous to its own 
        peace and safety and declares that it would act to meet the 
        common dangers in accordance with its constitutional 
        processes''; and
            (3) to affirm that Article V of the United States-Japan 
        Treaty of Mutual Cooperation and Security applies to the 
        Japanese-administered Senkaku Islands.
    (b) Sense of Congress.--It is the sense of the Congress that the 
United States should continue supporting the efforts to the Southeast 
Asian nations to strengthen their maritime security capacity, domain 
awareness, and integration of their capabilities.

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;
            (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, asserting provocative administrative measures or 
        controls in disputed areas in the South China Sea, or 
        inhabiting uninhabited land features; and
            (3) to support efforts by claimants through ASEAN to seek a 
        peaceful settlement of disputes among themselves and with the 
        People's Republic of China.

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

    It is the policy of the United States to assure the continuity of 
operations in the Asia-Pacific region, including, when appropriate, in 
cooperation with partners and allies, in order to reaffirm the rights, 
freedoms, and lawful uses of the sea and airspace in accordance with 
international law.

            TITLE II--MARITIME CAPACITY BUILDING ASSISTANCE

SEC. 201. PRIORITIES FOR MARITIME CAPACITY BUILDING ASSISTANCE.

    (a) Selection of Countries.--In selecting countries in the Asia-
Pacific region with respect to the provision of maritime capacity 
building assistance, the Secretary of State may prioritize those 
countries that will contribute to the achievement of following 
objectives:
            (1) Retaining unhindered lawful access to and use of 
        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 under subsection (a)--
            (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 countries in the Asia-
        Pacific region to enhance the capabilities of such countries, 
        or of regional organizations that includes such countries, 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 include in the 
report required to be submitted under section 802 information 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.

SEC. 202. SECURITY ASSISTANCE COORDINATION.

    The Secretary of State should seek to develop a bilateral 
memorandum of understanding with each of the Governments of the 
Philippines, Malaysia, Vietnam, and Indonesia to outline the delivery 
of planned maritime security capabilities to assist such countries, 
consistent with this Act and subject to availability of appropriations, 
through fiscal year 2020. Each memorandum of understanding should 
account for Foreign Military Financing program and any other United 
States security assistance authorities and programs provided to the 
relevant country.

        TITLE III--INTERNATIONAL MILITARY EDUCATION AND TRAINING

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary of State 
$15,000,000 for each of the fiscal years 2017 through 2020 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) for the Asia-Pacific region in accordance with 
the provisions of this Act.

              TITLE IV--FOREIGN MILITARY FINANCING PROGRAM

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the President $10,000,000 
for fiscal year 2017 for assistance under section 23 of the Arms Export 
Control Act (22 U.S.C. 2763) (relating to Foreign Military Financing 
program) for the Asia-Pacific region in accordance with the provisions 
of this Act.

              TITLE V--MARITIME LAW ENFORCEMENT INITIATIVE

SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary of State 
$10,000,000 for fiscal year 2017 for International Narcotics Control 
and Law Enforcement assistance for the support of the Southeast Asia 
Maritime Law Enforcement Initiative, including the development of 
integrated, regional capabilities to better understand the surrounding 
maritime space by maritime law enforcement authorities in the following 
countries and among the following countries on a regional basis:
            (1) The Philippines.
            (2) Malaysia.
            (3) Vietnam.
            (4) Indonesia.

             TITLE VI--TRANSFER OF EXCESS DEFENSE ARTICLES

SEC. 601. 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--
            (1) by striking ``Notwithstanding'' and inserting ``(A) 
        Notwithstanding'';
            (2) by striking ``and to the Philippines'' and inserting 
        ``to the Philippines, and, subject to subparagraph (B), to 
        Malaysia, Vietnam, and Indonesia''; and
            (3) by adding at the end the following:
            ``(B) The authority of subparagraph (A) to provide priority 
        to the delivery of excess defense articles under this section 
        to Malaysia, Vietnam, and Indonesia shall apply only with 
        respect to excess defense articles used for maritime security-
        related missions, including excess defense articles for 
        purposes of patrols, intelligence, surveillance, and 
        reconnaissance.''.

SEC. 602. SENSE OF CONGRESS ON TRANSFER OF NAVAL VESSEL.

    It is the sense of Congress that the maritime security of United 
States allies and partners bordering the South China Sea would be 
enhanced by the transfer of an Oliver Hazard Perry class frigate to an 
appropriate country in the region. Congress urges the Secretary of 
State to begin the process of consulting with Congress on the transfer 
of such a vessel as soon as possible.

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

SEC. 701. 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) Report.--Not later than 1 year after the date of the enactment 
of this Act, and every 5 years thereafter, the Secretary of State shall 
review and report to the appropriate committees of Congress on the 
compliance of the United States Government with the requirements of 
subsection (a).

                          TITLE VIII--REPORTS

SEC. 801. REPORT ON PLANS FOR THE MAINTENANCE OF RIGHTS, FREEDOMS, AND 
              LAWFUL USES OF THE SEAS AND AIRSPACE IN THE ASIA-PACIFIC 
              MARITIME DOMAINS.

    Not later than 180 days after the date of the enactment of this 
Act, and annually thereafter, the Secretary of State shall submit to 
the appropriate committees of Congress a report in classified form 
setting forth a plan, for each 1-year and 5-year periods beginning on 
the date of such report, that details all 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, consistent with international law, in international waters 
and airspace in the Asia-Pacific maritime domains.

SEC. 802. 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 submit to the appropriate committees 
of Congress a report (in classified or unclassified form) setting forth 
a plan, for each 1-year and 5-year period beginning on the date of such 
report, for security assistance and capacity building intended to 
enhance the maritime capabilities, respond to emerging threats, and 
maintain freedom of operations, consistent with international law, in 
the waters and airspace in the Asia-Pacific maritime domains.