S.Amdt. 4450

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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