,,ii #aadth ,,congress #b;d ,session ,s4 #bhfe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bg1 #bjaf ,mr4 ,cardin 7for himself1 ,mr4 ,gardner1 ,mr4 ,menendez1 and ,mr4 ,schatz7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to promote stability and security in the ,asia-,pacific maritime domains1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,asia-,pacific ,maritime ,security ,initiative ,act of #bjaf4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate committees of ,congress means-- 7,a7 the ,committee of ,foreign ,relations1 the ,committee on ,armed ,services1 and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee of ,foreign ,affairs1 the ,committee on ,armed ,services1 and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,incremental expenses ,the term incremental expenses-- 7,a7 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 section1 including rations1 fuel1 training ammunition1 and transportation2 and 7,b7 does not include pay1 allowances1 and other normal costs of a country's personnel4 7#c7 ,other security forces ,the term other security forces includes national security forces that conduct maritime security1 but does not include self-described militias and paramilitary organizations4 ,i ,united ,states policy on ,asia-,pacific maritime security #aja4 ,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 that1 as a longstanding ,asia-,pacific power1 the ,united ,states will maintain and exercise routine freedom of operations in the international waters and airspace in the ,asia-,pacific maritime domains1 which are critical to the prosperity1 stability1 and security of the ,asia-,pacific region4 #ajb4 ,statement of policy on claims that impinge on rights1 freedoms1 and lawful use of the seas ,it is the policy of the ,united ,states-- 7#a7 to oppose all claims in the maritime domains that impinges on the rights1 freedoms1 and lawful use of the seas that belong to all nations2 and 7#b7 to uphold the principle that territorial and maritime claims1 including territorial waters or territorial seas1 must be derived from land features and otherwise comport with international law4 #ajc4 ,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-- 7#a7 to oppose the unilateral actions by any claimant seeking to change the status quo in the ,south ,china ,sea through the use of coercion1 intimidation1 or military force2 7#b7 to oppose reclamation activities in the ,south ,china ,sea1 including the militarization of any reclaimed features2 7#c7 to oppose actions by any country to prevent any other country from exercising its sovereign rights to the resources of the exclusive economic zone 7,,eez7 and continental shelf by making claims to those areas in the ,south ,china ,sea that have no support in international law2 7#d7 to oppose unilateral declarations of administrative and military districts in contested areas in the ,south ,china ,sea2 7#e7 to oppose the militarization of new and reclaimed land features in the ,south ,china ,sea2 7#f7 to oppose the imposition of new fishing regulations covering disputed areas in the ,south ,china ,sea1 which have raised tensions in the region2 and 7#g7 7,a7 to welcome the expected landmark decision by the ,international ,tribunal on the ,law of the ,sea in the case of ,the ,republic of ,philippines v4 ,the ,people's ,republic of ,china2 7,b7 to note that the decision is binding on all parties involved and will constitute international law2 7,c7 to call on all parties to abide by the ruling2 and 7,d7 to encourage other ,south ,china ,sea claimants to seek similar clarification of maritime disputes through arbitration4 #ajd4 ,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-- 7#a7 to reaffirm its unwavering commitment and support for allies and partners in the ,asia-,pacific region1 including longstanding ,united ,states policy regarding ,article ,v of the ,united ,states-,philippines ,mutual ,defense ,treaty2 7#b7 to reaffirm that ,article ,v of the ,united ,states-,japan ,mutual ,defense ,treaty applies to the ,japanese-administered ,senkaku ,islands2 and 7#c7 to station and regularly deploy the newest and most advanced ,united ,states air power assets to the ,asia-,pacific region1 including ,f-#bb stealth fighters1 ,b-#b and ,b-#eb strategic bombers1 and the expected forward-stationing of ,f-#ce aircraft in ,iwakuni1 ,japan4 #aje4 ,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-- 7#a7 to support efforts by the ,association of ,southeast ,asian ,nations 7,,asean7 and the ,people's ,republic of ,china to develop an effective ,code of ,conduct2 and 7#b7 to encourage claimants not to undertake new or unilateral attempts to change the status quo since the signing of the #bjjb ,declaration of ,conduct1 including reclamation activities or asserting administrative measures or controls in disputed areas in the ,south ,china ,sea4 #ajf4 ,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 region1 including1 when appropriate1 in cooperation with partners and allies1 in order to reaffirm the principle of freedom of operations in international waters and airspace in accordance with established principles and practices of international law4 ,,ii ,maritime security initiative #bja4 ,maritime security initiative 7a7 ,program authorized 7#a7 ,in general ,the ,secretary of ,defense1 in concurrence with the ,secretary of ,state1 is authorized to provide assistance1 for the purpose of increasing maritime security and domain awareness for countries in the ,asia-,pacific region-- 7,a7 to provide assistance to national military or other security forces of such countries that have among their functional responsibilities maritime security missions2 7,b7 to provide training to ministry1 agency1 and headquarters level organizations for such forces2 and 7,c7 to provide assistance to and training to other relevant foreign affairs1 maritime1 or security-related ministries1 agencies1 departments or offices that manage and oversight of maritime activities and policy that the ,secretary may so designate4 7#b7 ,designation of assistance and training ,the provision of assistance and training under this section may be referred to as the ,maritime ,security ,initiative4 7#c7 ,construction of limitations ,the ,secretary may provide assistance under this section without regard to any other provision of law1 other than section #fbj,m of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcgh;d74 7b7 ,eligible countries ,in selecting countries in the ,asia-,pacific region to which assistance is to be provided under the ,initiative1 the ,secretary of ,defense1 in concurrence with the ,secretary of ,state1 shall prioritize the provision of assistance to countries that will contribute to the achievement of following objectives3 7#a7 ,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 objectives4 7#b7 ,improving maritime domain awareness in the ,asia-,pacific region4 7#c7 ,countering piracy in the ,asia-,pacific region4 7#d7 ,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 ,states4 7#e7 ,enhancing the maritime capabilities of a country or regional organization to respond to emerging threats to maritime security in the ,asia-,pacific region4 7c7 ,types of assistance and training 7#a7 ,authorized elements of assistance ,assistance provided under subsection 7a77#a77;,a7 may include the provision of equipment1 supplies1 training1 and small-scale military construction4 7#b7 ,required elements of assistance and training ,assistance and training provided under subsection 7a7 shall include elements that promote the following3 7,a7 ,observance of and respect for human rights and fundamental freedoms4 7,b7 ,respect for legitimate civilian authority within the country to which the assistance is provided4 7d7 ,priorities for assistance and training ,in developing programs for assistance or training to be provided under subsection 7a71 the ,secretary of ,defense shall accord a priority to assistance1 training1 or both that will enhance the maritime capabilities of the recipient foreign country1 or a regional organization of which the recipient country is a member1 to respond to emerging threats to maritime security4 7e7 ,incremental expenses of personnel of certain other countries for training 7#a7 ,authority for payment ,if the ,secretary of ,defense determines that the payment of incremental expenses in connection with training described in subsection 7a77#a77;,b7 will facilitate the participation in such training of organization personnel of foreign countries specified in paragraph 7#b71 the ,secretary may use amounts available under subsection 7f7 for assistance and training under subsection 7a7 for the payment of such incremental expenses4 7#b7 ,covered countries ,the foreign countries specified in this paragraph are the following3 7,a7 ,brunei4 7,b7 ,singapore4 7,c7 ,taiwan4 7f7 ,availability of funds 7#a7 ,fiscal year #bjag ,of the amounts authorized to be appropriated for fiscal year #bjag for the ,department of ,defense for operation and maintenance1 ,defense-wide1 #ge1jjj1jjj may be available for the provision of assistance and training under subsection 7a74 7#b7 ,fiscal years #bjah through #bjba ,in each of fiscal years #bjah through #bjba1 from amounts authorized to be appropriated for the ,department of ,defense for such fiscal year for operation and maintenance1 ,defense-wide1 #ajj1jjj1jjj may be available for the provision of assistance and training under subsection 7a74 7#c7 ,notice on source of funds ,if the ,secretary of ,defense uses funds available to the ,department pursuant to paragraph 7#a7 to provide assistance and training under subsection 7a7 during a fiscal half-year1 not later than #cj days after the end of such fiscal half-year1 the ,secretary shall submit to the appropriate congressional committees a notice on the account or accounts providing such funds4 7g7 ,notice to congress on assistance and training ,not later than #ae days before exercising the authority under subsection 7a7 or 7e7 with respect to a recipient foreign country1 the ,secretary of ,defense shall submit to the appropriate congressional committees a notification containing the following information3 7#a7 ,the recipient foreign country4 7#b7 ,a detailed justification of the program for the provision of the assistance or training concerned1 and its relationship to ,united ,states security interests4 7#c7 ,the budget for the program1 including a timetable of planned expenditures of funds to implement the program1 an implementation timeline for the program with milestones 7including anticipated delivery schedules for any assistance under the program71 the military department or component responsible for management of the program1 and the anticipated completion date for the program4 7#d7 ,a description of the arrangements1 if any1 to support host nation sustainment of any capability developed pursuant to the program1 and the source of funds to support sustainment efforts and performance outcomes to be achieved under the program beyond its completion date1 if applicable4 7#e7 ,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 force4 7#f7 ,such other matters as the ,secretary considers appropriate4 7h7 ,annual report ,the ,secretary of ,defense shall submit to the appropriate congressional committees each year a report on the status of the provision of equipment1 training1 supplies1 or other services provided pursuant to the program carried out under this section during the preceding year4 7i7 ,expiration ,assistance and training may not be provided under this section after ,september #cj1 #bjbb4 ,,iii ,special foreign military sales status for the ,philippines #cja4 ,special foreign military sales status for the ,philippines ,the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq47 is amended-- 7#a7 in sections #c7;d77#b77;,b71 #c7;d77#c77;,a77i71 #c7;d77#e71 #ba7;e77#b77;,a71 #cf7;b71 #cf7;c71 #cf7;d77#b77;,a71 #fb7;c77#a71 and #fc7;a77#b71 by inserting the ,philippines1 before or ,new ,zealand each place it appears2 7#b7 in section #c7;b77#b71 by inserting the ,government of the ,philippines1 before or the ,government of ,new ,zealand2 and 7#c7 in section #ba7;h71 by inserting the ,philippines1 before or ,israel each place it appears4 ,,iv ,,imet #dja4 ,authorization of appropriations ,there is authorized to be appropriated for fiscal year #bjag for the ,department of ,state1 out of amounts appropriated or otherwise made available for assistance under chapter #e of part ,,ii of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcja et seq47 7relating to international military education and training 7,,imet7 assistance71 #ae1jjj1jjj for activities in the ,asia-,pacific region in accordance with this ,act4 ,v ,foreign military financing #eja4 ,authorization of appropriations ,in addition to any amounts appropriated pursuant to section #bc of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfc7 7relating to foreign military financing assistance71 there is authorized to be appropriated #aj1jjj1jjj for fiscal year #bjag for activities in the ,asia-,pacific region in accordance with this ,act4 #ejb4 ,priorities for assistance 7a7 ,selection of countries ,in selecting countries in the ,asia-,pacific region to which security assistance should be provided1 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 objectives3 7#a7 ,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 objectives4 7#b7 ,improving maritime domain awareness in the ,asia-,pacific region4 7#c7 ,countering piracy in the ,asia-,pacific region4 7#d7 ,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 ,states4 7#e7 ,enhancing the maritime capabilities of a country or regional organization to respond to emerging threats to maritime security in the ,asia-,pacific region4 7b7 ,priorities ,in carrying out the provision of maritime capacity building-- 7#a7 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 forces2 and 7#b7 assistance may be provided to a country in the ,asia-,pacific region to enhance the capabilities of that country1 or of a regional organization that includes that country1 to conduct-- 7,a7 maritime intelligence1 surveillance1 and reconnaissance2 7,b7 littoral and port security2 7,c7 ,coast ,guard operations2 7,d7 command and control2 and 7,e7 management and oversight of maritime activities4 7c7 ,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 equipment1 training1 supplies1 or other services provided pursuant to maritime capacity building in the ,asia-,pacific in the preceding year4 ,,vi ,maritime law enforcement initiative #fja4 ,authorization of appropriations ,there is authorized to be appropriated for fiscal year #bjag for the ,department of ,state for ,international ,narcotics ,control and ,law ,enforcement 7,,incle71 #g1ejj1jjj for the support of the ,southeast ,asia maritime ,law ,enforcement ,initiative4 ,,vii ,transfer of excess defense articles #gja4 ,priority for transfer of excess defense articles ,section #eaf7;c77#b7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcba;j7c77#b77 is amended by striking and to the ,philippines and inserting to the ,philippines1 and to other major non-,,nato allies of the ,united ,states located in the ,asia-,pacific region 7including ,japan1 ,south ,korea1 ,thailand1 ,australia and ,new ,zealand7 and other maritime ,,asean member states4 #gjb4 ,transfer of naval vessels to foreign recipient ,the ,secretary of ,state1 with the concurrence of the ,secretary of ,defense1 is authorized to transfer one ,,oliver ,,hazard ,,perry class guided missile frigate on a grant basis under section #eaf of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcba;j7 to a foreign government pursuant to the program authorized in section #bja7;a7 for the purposes of this ,act4 ,,viii ,equality of treatment in arms sales for ,taiwan #hja4 ,equality of treatment in arms sales for taiwan 7a7 ,in general ,the ,president shall ensure that the ,united ,states ,government treats every proposed arms sales for ,taiwan with the same timelines1 processes1 and procedures1 including formal notification to ,congress under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq471 accorded to proposed arms transfers for all other countries4 7b7 ,inspector ,general reporting ,not later than one year after the date of the enactment of this ,act1 and annually thereafter for #e years1 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 7a74 ,,ix ,reports #ija4 ,report on plans for the maintenance of freedom of operations in international waters and airspace in the ,asia-,pacific maritime domains ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall1 with the concurrence with the ,secretary of ,state1 submit to the appropriate committees of ,congress a report in classified form setting forth a plan1 for each of the six-month1 one-year1 and three-year periods beginning on the date of such report1 for freedom of navigation assertions1 shows of force1 bilateral and multilateral military exercises1 port calls1 and training intended to enhance the maritime capabilities1 respond to emerging threats1 and maintain freedom of operations in international waters and airspace in the ,asia-,pacific maritime domains4 #ijb4 ,report on plans for partner capacity building ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall1 with the concurrence with the ,secretary of ,defense1 submit to the appropriate congressional committees a report 7in classified or unclassified form7 setting forth a plan1 for each of the six-month1 one-year1 and five-year periods beginning on the date of such report1 for ,partner ,capacity ,building assistance intended to enhance the maritime capabilities1 respond to emerging threats1 and maintain freedom of operations in international waters and airspace in the ,asia-,pacific maritime domains4 #ijc4 ,annual report on military and nonmilitary activities of ,china in the ,south ,china ,sea ,not later than #ij days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state1 in consultation with the ,secretary of ,defense1 shall submit to the appropriate congressional committees an unclassified comprehensive report1 with a classified annex if necessary1 detailing the military and nonmilitary activities of the ,people's ,republic of ,china in the ,south ,china ,sea4 #ijd4 ,notice to ,congress on assistance and training ,not later than #ae days before exercising the authority under section #bja1 section #dja1 or section #eja or pursuant to the amendments made by section #cja with respect to a recipient foreign country1 the ,secretary of ,state or the ,secretary of ,defense1 as the case may be1 shall submit to the appropriate congressional committees a notification containing the following elements3 7#a7 ,the name of the recipient foreign country4 7#b7 ,a detailed justification for the provision of the assistance or training concerned1 and its relationship to ,united ,states security interests4 7#c7 ,the budget for the program1 including-- 7,a7 a timetable of planned expenditures of funds to implement the program2 7,b7 an implementation timeline for the program with milestones 7including anticipated delivery schedules for any assistance under the program72 7,c7 the military department or component responsible for management of the program2 and 7,d7 the anticipated completion date for the program4 7#d7 ,a description of the arrangements1 if any1 to support host nation sustainment of any capability developed pursuant to the program1 and the source of funds to support sustainment efforts and performance outcomes to be achieved under the program beyond its completion date1 if applicable4 7#e7 ,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 force4 7#f7 ,such other matters as the ,secretary considers appropriate4