I 

114TH CONGRESS 

2D SESSION H. R. 5890 

To promote stability and security in the Asia-Pacific maritime domains, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 14, 2016 

Mr. SALMON (for himself, Mr. ENGEL, Mr. DESJARLAIS, Mr. BERA, and Ms. 

BORDALLO) introduced the following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To promote stability and security in the Asia-Pacific 

maritime domains, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Asia-Pacific Maritime 

5 Security Initiative Act of 2016’’. 

6 SEC. 2. APPROPRIATE COMMITTEES OF CONGRESS DE7 FINED. 

8 In this Act, the term ‘‘appropriate committees of 

9 Congress’’ means— 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 5890 IH

1 (1) the Committee on Foreign Relations, the 

2 Committee on Armed Services, and the Committee 

3 on Appropriations of the Senate; and 

4 (2) the Committee on Foreign Affairs, the 

5 Committee on Armed Services, and the Committee 

6 on Appropriations of the House of Representatives. 

7 TITLE I—UNITED STATES POL8 ICY ON ASIA-PACIFIC MARI9 TIME SECURITY 

10 SEC. 101. STATEMENT OF POLICY ON UNITED STATES IN11 TERESTS IN THE ASIA-PACIFIC MARITIME DO12 MAINS. 

13 It is the policy of the United States that, as a long14 standing Asia-Pacific power, the United States has endur15 ing national interests in the Asia-Pacific region, including 

16 the South China Sea. These interests include— 

17 (1) the maintenance of peace and stability and 

18 the peaceful settlement of disputes; 

19 (2) rights, freedom, and lawful uses of the sea 

20 in the waters and airspace in the Asia-Pacific mari21 time domains, which are critical to the prosperity, 

22 stability, and security of the Asia-Pacific region; 

23 (3) the maintenance of United States alliances 

24 and security partnerships in the region; 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 5890 IH

1 (4) unimpeded lawful and sustainable com2 merce, to include the cessation of illegal, unreported, 

3 and unregulated fishing, joint use and development 

4 of the South China Sea’s underwater and seabed re5 sources, and support for the ecological sustainment 

6 of the South China Sea; and 

7 (5) respect for international law. 

8 SEC. 102. STATEMENT OF POLICY ON CLAIMS THAT IM9 PINGE ON RIGHTS, FREEDOMS, AND LAWFUL 

10 USE OF THE SEAS. 

11 It is the policy of the United States— 

12 (1) to not take a position on the competing ter13 ritorial claims to land features in the South China 

14 Sea; 

15 (2) to oppose claims in the maritime domains 

16 that impinge on the rights, freedoms, and lawful use 

17 of the seas that belong to all nations; 

18 (3) to uphold the principle that territorial and 

19 maritime claims, including territorial seas, must be 

20 derived from land features and otherwise comport 

21 with international law; and 

22 (4)(A) to note that the decision by the Inter23 national Tribunal on the Law of the Sea in the case 

24 of ‘‘The Republic of Philippines v. The People’s Re25 public of China’’ is binding on all parties involved in 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•HR 5890 IH

1 accordance with international law and pursuant to 

2 the Philippines and the treaty obligations of the 

3 People’s Republic of China; and 

4 (B) to call on the parties to abide by the ruling. 

5 SEC. 103. STATEMENT OF POLICY ON OPPOSITION TO UNI6 LATERAL ACTIONS TO CHANGE THE STATUS 

7 QUO IN THE SOUTH CHINA SEA. 

8 It is the policy of the United States— 

9 (1) to oppose the unilateral actions by any 

10 claimant seeking to change the status quo in the 

11 South China Sea through the use of coercion, intimi12 dation, or military force; 

13 (2) to oppose provocative reclamation and is14 land building activities in the South China Sea, in15 cluding the militarization of any reclaimed features; 

16 (3) to oppose actions by any country to prevent 

17 any other country from exercising, consistent with 

18 international law, its sovereign rights to the re19 sources of the exclusive economic zone (EEZ) and 

20 continental shelf by making claims to those areas in 

21 the South China Sea that are inconsistent with 

22 international law; and 

23 (4) to oppose unilateral declarations of adminis24 trative and military districts or fishing regulations in 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•HR 5890 IH

1 contested areas in the South China Sea, which have 

2 raised tensions. 

3 SEC. 104. STATEMENT OF POLICY AND SENSE OF CON4 GRESS ON THE COMMITMENT AND SUPPORT 

5 OF THE UNITED STATES FOR ALLIES AND 

6 PARTNERS IN THE ASIA-PACIFIC REGION. 

7 (a) STATEMENT OF POLICY.—It is the policy of the 

8 United States— 

9 (1) to affirm its unwavering commitment and 

10 support for allies and partners in the Asia-Pacific 

11 region; 

12 (2) to reaffirm Article IV of the United States13 Philippines Mutual Defense Treaty which provides 

14 that ‘‘each Party recognizes that an armed attack on 

15 either Party in the Pacific Area on either of the Par16 ties would be dangerous to its own peace and safety 

17 and declares that it would act to meet the common 

18 dangers in accordance with its constitutional proc19 esses’’; and 

20 (3) to affirm that Article V of the United 

21 States-Japan Treaty of Mutual Cooperation and Se22 curity applies to the Japanese-administered Senkaku 

23 Islands. 

24 (b) SENSE OF CONGRESS.—It is the sense of the 

25 Congress that the United States should continue supVerDate Sep 11 2014 01:53 Aug 02, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5890.IH H5890

SSpencer on DSK4SPTVN1PROD with BILLS
6 

•HR 5890 IH

1 porting the efforts to the Southeast Asian nations to 

2 strengthen their maritime security capacity, domain 

3 awareness, and integration of their capabilities. 

4 SEC. 105. STATEMENT OF POLICY ON EFFORTS OF THE AS5 SOCIATION OF SOUTHEAST ASIAN NATIONS 

6 AND THE PEOPLE’S REPUBLIC OF CHINA TO 

7 DEVELOP AN EFFECTIVE CODE OF CONDUCT. 

8 It is the policy of the United States— 

9 (1) to support efforts by the Association of 

10 Southeast Asian Nations (ASEAN) and the People’s 

11 Republic of China to develop an effective Code of 

12 Conduct; 

13 (2) to encourage claimants not to undertake 

14 new or unilateral attempts to change the status quo 

15 since the signing of the 2002 Declaration of Con16 duct, including reclamation activities, asserting pro17 vocative administrative measures or controls in dis18 puted areas in the South China Sea, or inhabiting 

19 uninhabited land features; and 

20 (3) to support efforts by claimants through 

21 ASEAN to seek a peaceful settlement of disputes 

22 among themselves and with the People’s Republic of 

23 China. 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

•HR 5890 IH

1 SEC. 106. STATEMENT OF POLICY ON THE CONTINUITY OF 

2 OPERATIONS IN THE ASIA-PACIFIC REGION. 

3 It is the policy of the United States to assure the 

4 continuity of operations in the Asia-Pacific region, includ5 ing, when appropriate, in cooperation with partners and 

6 allies, in order to reaffirm the rights, freedoms, and lawful 

7 uses of the sea and airspace in accordance with inter8 national law. 

9 TITLE II—MARITIME CAPACITY 

10 BUILDING ASSISTANCE 

11 SEC. 201. PRIORITIES FOR MARITIME CAPACITY BUILDING 

12 ASSISTANCE. 

13 (a) SELECTION OF COUNTRIES.—In selecting coun14 tries in the Asia-Pacific region with respect to the provi15 sion of maritime capacity building assistance, the Sec16 retary of State may prioritize those countries that will con17 tribute to the achievement of following objectives: 

18 (1) Retaining unhindered lawful access to and 

19 use of waterways in the Asia-Pacific region that are 

20 critical to ensuring the security and free flow of 

21 commerce and achieving United States national se22 curity objectives. 

23 (2) Improving maritime domain awareness in 

24 the Asia-Pacific region. 

25 (3) Countering piracy in the Asia-Pacific re26 gion. 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

•HR 5890 IH

1 (4) Disrupting illicit maritime trafficking activi2 ties and other forms of maritime trafficking activity 

3 in the Asia-Pacific that directly benefit organizations 

4 that have been determined to be a security threat to 

5 the United States. 

6 (5) Enhancing the maritime capabilities of a 

7 country or regional organization to respond to 

8 emerging threats to maritime security in the Asia9 Pacific region. 

10 (b) PRIORITIES.—In carrying out the provision of 

11 maritime capacity building under subsection (a)— 

12 (1) priority may be placed on assistance to en13 hance the maritime security capabilities of the mili14 tary or security forces of countries in the Asia-Pa15 cific region that have maritime missions and the 

16 government agencies responsible for such forces; and 

17 (2) assistance may be provided to countries in 

18 the Asia-Pacific region to enhance the capabilities of 

19 such countries, or of regional organizations that in20 cludes such countries, to conduct— 

21 (A) maritime intelligence, surveillance, and 

22 reconnaissance; 

23 (B) littoral and port security; 

24 (C) Coast Guard operations; 

25 (D) command and control; and 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

•HR 5890 IH

1 (E) management and oversight of maritime 

2 activities. 

3 (c) ANNUAL REPORT.—The Secretary of State shall 

4 include in the report required to be submitted under sec5 tion 802 information on the status of the provision of 

6 equipment, training, supplies, or other services provided 

7 pursuant to maritime capacity building in the Asia-Pacific 

8 in the preceding year. 

9 SEC. 202. SECURITY ASSISTANCE COORDINATION. 

10 The Secretary of State should seek to develop a bilat11 eral memorandum of understanding with each of the Gov12 ernments of the Philippines, Malaysia, Vietnam, and Indo13 nesia to outline the delivery of planned maritime security 

14 capabilities to assist such countries, consistent with this 

15 Act and subject to availability of appropriations, through 

16 fiscal year 2020. Each memorandum of understanding 

17 should account for Foreign Military Financing program 

18 and any other United States security assistance authori19 ties and programs provided to the relevant country. 

20 TITLE III—INTERNATIONAL MIL21 ITARY EDUCATION AND 

22 TRAINING 

23 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

24 There is authorized to be appropriated to the Sec25 retary of State $15,000,000 for each of the fiscal years 


SSpencer on DSK4SPTVN1PROD with BILLS
10 

•HR 5890 IH

1 2017 through 2020 for assistance under chapter 5 of part 

2 II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 

3 et seq.) (relating to international military education and 

4 training) for the Asia-Pacific region in accordance with 

5 the provisions of this Act. 

6 TITLE IV—FOREIGN MILITARY 

7 FINANCING PROGRAM 

8 SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 

9 There is authorized to be appropriated to the Presi10 dent $10,000,000 for fiscal year 2017 for assistance under 

11 section 23 of the Arms Export Control Act (22 U.S.C. 

12 2763) (relating to Foreign Military Financing program) 

13 for the Asia-Pacific region in accordance with the provi14 sions of this Act. 

15 TITLE V—MARITIME LAW 

16 ENFORCEMENT INITIATIVE 

17 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

18 There is authorized to be appropriated to the Sec19 retary of State $10,000,000 for fiscal year 2017 for Inter20 national Narcotics Control and Law Enforcement assist21 ance for the support of the Southeast Asia Maritime Law 

22 Enforcement Initiative, including the development of inte23 grated, regional capabilities to better understand the sur24 rounding maritime space by maritime law enforcement auVerDate Sep 11 2014 23:34 Aug 01, 2016 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5890.IH H5890

SSpencer on DSK4SPTVN1PROD with BILLS
11 

•HR 5890 IH

1 thorities in the following countries and among the fol2 lowing countries on a regional basis: 

3 (1) The Philippines. 

4 (2) Malaysia. 

5 (3) Vietnam. 

6 (4) Indonesia. 

7 TITLE VI—TRANSFER OF EXCESS 

8 DEFENSE ARTICLES 

9 SEC. 601. PRIORITY FOR TRANSFER OF EXCESS DEFENSE 

10 ARTICLES. 

11 Section 516(c)(2) of the Foreign Assistance Act of 

12 1961 (22 U.S.C. 2321j(c)(2)) is amended— 

13 (1) by striking ‘‘Notwithstanding’’ and insert14 ing ‘‘(A) Notwithstanding’’; 

15 (2) by striking ‘‘and to the Philippines’’ and in16 serting ‘‘to the Philippines, and, subject to subpara17 graph (B), to Malaysia, Vietnam, and Indonesia’’; 

18 and 

19 (3) by adding at the end the following: 

20 ‘‘(B) The authority of subparagraph (A) to pro21 vide priority to the delivery of excess defense articles 

22 under this section to Malaysia, Vietnam, and Indo23 nesia shall apply only with respect to excess defense 

24 articles used for maritime security-related missions, 


SSpencer on DSK4SPTVN1PROD with BILLS
12 

•HR 5890 IH

1 including excess defense articles for purposes of pa2 trols, intelligence, surveillance, and reconnaissance.’’. 

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

4 VESSEL. 

5 It is the sense of Congress that the maritime security 

6 of United States allies and partners bordering the South 

7 China Sea would be enhanced by the transfer of an Oliver 

8 Hazard Perry class frigate to an appropriate country in 

9 the region. Congress urges the Secretary of State to begin 

10 the process of consulting with Congress on the transfer 

11 of such a vessel as soon as possible. 

12 TITLE VII—EQUALITY OF TREAT13 MENT IN ARMS SALES FOR 

14 TAIWAN 

15 SEC. 701. EQUALITY OF TREATMENT IN ARMS SALES FOR 

16 TAIWAN. 

17 (a) IN GENERAL.—The President shall ensure that 

18 the United States Government treats every proposed arms 

19 sales for Taiwan with the same timelines, processes, and 

20 procedures, including formal notification to Congress 

21 under the Arms Export Control Act (22 U.S.C. 2751 et 

22 seq.), accorded to proposed arms transfers for all other 

23 countries. 

24 (b) REPORT.—Not later than 1 year after the date 

25 of the enactment of this Act, and every 5 years thereafter, 


SSpencer on DSK4SPTVN1PROD with BILLS
13 

•HR 5890 IH

1 the Secretary of State shall review and report to the ap2 propriate committees of Congress on the compliance of the 

3 United States Government with the requirements of sub4 section (a). 

5 TITLE VIII—REPORTS 

6 SEC. 801. REPORT ON PLANS FOR THE MAINTENANCE OF 

7 RIGHTS, FREEDOMS, AND LAWFUL USES OF 

8 THE SEAS AND AIRSPACE IN THE ASIA-PA9 CIFIC MARITIME DOMAINS. 

10 Not later than 180 days after the date of the enact11 ment of this Act, and annually thereafter, the Secretary 

12 of State shall submit to the appropriate committees of 

13 Congress a report in classified form setting forth a plan, 

14 for each 1-year and 5-year periods beginning on the date 

15 of such report, that details all freedom of navigation asser16 tions, shows of force, bilateral and multilateral military 

17 exercises, port calls, and training intended to enhance the 

18 maritime capabilities, respond to emerging threats, and 

19 maintain freedom of operations, consistent with inter20 national law, in international waters and airspace in the 

21 Asia-Pacific maritime domains. 

22 SEC. 802. REPORT ON PLANS FOR PARTNER CAPACITY 

23 BUILDING. 

24 Not later than 180 days after the date of the enact25 ment of this Act, the Secretary of State shall submit to 


SSpencer on DSK4SPTVN1PROD with BILLS
14 

•HR 5890 IH

1 the appropriate committees of Congress a report (in classi2 fied or unclassified form) setting forth a plan, for each 

3 1-year and 5-year period beginning on the date of such 

4 report, for security assistance and capacity building in5 tended to enhance the maritime capabilities, respond to 

6 emerging threats, and maintain freedom of operations, 

7 consistent with international law, in the waters and air8 space in the Asia-Pacific maritime domains. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS