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Bill
Notes

Title III — Matters relating to foreign nations

H.R. 2621 · 115th Congress · May 24, 2017 · Lineage

III Matters relating to foreign nations

Sec. 301 Assessment of freedom of navigation operations in the South China Sea

(a)
Findings— Congress finds the following:
(1)
The United States has a national interest in maintaining freedom of navigation, freedom of the seas, respect for international law, and unimpeded lawful commerce, in the South China Sea.
(2)
On February 4, 2017, Secretary of Defense James Mattis stated, “Freedom of navigation is absolute, and whether it be commercial shipping of our U.S. Navy, we will practice in international waters and transit international waters as appropriate.”.
(3)
In February 24, 2016, Admiral Harry Harris, Jr., Commander of the United States Pacific Command, stated that “Chinese coercion, artificial island construction, and militarization in the South China Sea threaten the most fundamental aspect of global prosperity—freedom of navigation.”.
(4)
In July 2016, the Permanent Court of Arbitration of the Hague ruled that China’s claims to “historic rights” across a vast expanse of the South China Sea were not valid under the United Nations Convention on the Law of the Sea.
(5)
The Permanent Court also said that none of the land formations in the Spratly Islands in the South China Sea—regardless of the party in control—are large enough to warrant an extension of the exclusive maritime zones beyond the existing boundary of 12 miles from disputed features in the South China Sea.
(6)
The United States Navy has routinely conducted freedom of navigation operations within 12 miles of disputed features in the South China Sea.
(7)
On February 24, 2016, Admiral Harris stated that “these operations [freedom of navigation operations] are an important military tool to demonstrate America’s commitment to the rule of law, including the fundamental concept of freedom of navigation”.
(b)
Sense of congress— It is the sense of Congress that—
(1)
the United States should condemn any assertion that limits the right to freedom of navigation and overflight; and
(2)
the United States should keep to a regular and routine schedule for Freedom of Navigation Operations in the sea and air.
(c)
Assessment required—
(1)
In general— The Secretary of Defense, in consultation with the Secretary of State, shall conduct an assessment of United States policy on conducting Freedom of Navigation Operation patrols in the South China Sea.
(2)
Elements— The assessment required under paragraph (1) shall include the following:
(A)
A review of United States policy regarding freedom of navigation in the global commons, including in the South China Sea.
(B)
A plan for conducting freedom of navigation operations in the South China Sea with regularity and frequency.
(d)
Report required—
(1)
In general— Not later than September 30, 2017, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report that includes the assessment required under subsection (c).
(2)
Form— The report required under paragraph (1) shall be submitted in unclassified form and may include a classified annex.

Sec. 302 Sense of Congress reaffirming security commitments to the Governments of Japan and South Korea and trilateral cooperation between the United States, Japan, and South Korea

It is the sense of Congress that—
(1)
the United States values its alliances with the Governments of Japan and South Korea, based on shared values of democracy, the rule of law, free and open markets, and respect for human rights;
(2)
the United States reaffirms its commitment to these alliances with Japan and South Korea, which are critical for the preservation of peace and stability in the Asia-Pacific region and throughout the world;
(3)
the United States reaffirms its commitment to Article V of the Treaty of Mutual Cooperation and Security between the United States of America and Japan, which applies to the Japanese-administered Senkaku Islands;
(4)
the United States supports continued implementation and expansion of defense cooperation with Japan in accordance with the 2015 U.S.-Japan Defense Guidelines and additional measures to strengthen this defense cooperation, including by expanding foreign military sales, establishing new cooperative technology development programs, increasing military exercises, or other actions as appropriate;
(5)
the United States and South Korea share deep concerns that the nuclear and ballistic missile programs of North Korea and its repeated provocations pose great threats to peace and stability on the Korean Peninsula, and the United States recognizes that South Korea has made important commitments to the bilateral security alliance, including by hosting a Terminal High Altitude Area Defense (THAAD) system;
(6)
the United States and South Korea should continue further defense cooperation, by enhancing mutual security based on the Mutual Defense Treaty Between the United States and the Republic of Korea and investing in capabilities critical to the combined defense;
(7)
the United States welcomes greater security cooperation with, and among, Japan and South Korea to promote mutual interests and to address shared concerns, including the bilateral military intelligence-sharing pact between Japan and South Korea, signed on November 23, 2016, and the trilateral intelligence sharing agreement between the United States, Japan, and South Korea, signed on December 29, 2015; and
(8)
recognizing that North Korea poses a threat to the United States, Japan, and South Korea, and that the security of the three countries is intertwined, the United States welcomes and encourages deeper trilateral defense cooperation, including through expanded exercises, training, and information sharing that strengthens integration.

Sec. 303 Sense of Congress on the Association of Southeast Asian Nations

(a)
Finding— Congress finds that 2017 is the 50th anniversary of the formation of the Association of Southeast Asian Nations (ASEAN), which includes Indonesia, Malaysia, the Philippines, Singapore, Thailand, Brunei, Vietnam, Laos, Burma, and Cambodia.
(b)
Sense of Congress— It is the sense of Congress that—
(1)
the United States supports the development of regional institutions and bodies, including the ASEAN Regional Forum, the ASEAN Defense Ministers Meeting Plus, the East Asia Summit, and the expanded ASEAN Maritime Forum, to increase regional cooperation and ensure that disputes are managed without intimidation, coercion, or force;
(2)
the United States recognizes ASEAN efforts to promote peace, stability, and prosperity in the region, including the steps taken to highlight the importance of peaceful dispute resolution and the need for adherence to international rules and standards.
(3)
United States defense engagement with ASEAN and the ASEAN Defense Ministers Meeting Plus should continue to be forums to discuss shared challenges in the maritime domain and the need for greater information sharing among ASEAN nations; and
(4)
the United States welcomes continued work with ASEAN and other regional partners to establish more reliable and routine crisis communication mechanisms.

Sec. 304 Sense of Congress on strengthening the defense of Taiwan

It is the sense of Congress that—
(1)
the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) codified the basis for commercial, cultural, and other relations between the United States and Taiwan, and the Six Assurances are an important aspect in guiding bilateral relations;
(2)
section 3(a) of that Act states that “the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability”;
(3)
the United States, in accordance with such section, should make available and provide timely review of requests for defense articles and defense services that may be necessary for Taiwan to maintain a sufficient self-defense capability;
(4)
Taiwan should significantly increase its defense budget to maintain a sufficient self-defense capability;
(5)
the United States should support expanded exchanges focused on practical training for Taiwan personnel by and with United States military units, including exchanges between services, to empower senior military officers to identify and develop asymmetric and innovative capabilities that strengthen Taiwan’s ability to deter aggression;
(6)
the United States should seek opportunities for expanded training and exercises with Taiwan;
(7)
the United States should encourage Taiwan’s continued investments in asymmetric self-defense capabilities that are mobile, survivable against threatening forces, and able to take full advantage of Taiwan’s geography; and
(8)
the United States should continue to—
(A)
support humanitarian assistance and disaster relief exercises that increase Taiwan’s resiliency and ability to respond to and recover from natural disasters; and
(B)
recognize Taiwan’s already valuable military contributions to such efforts.

Sec. 305 Sense of Congress on reaffirming the importance of the United States-Australia defense alliance

(a)
Findings— Congress finds the following:
(1)
The United States and Australia maintain a critical strategic relationship underpinned by shared democratic values, common interests, and strong defense ties.
(2)
In 2017, the United States and Australia will mark the 75th anniversary of the Battles of the Coral Sea, Midway, and Guadalcanal, and Australia has been a loyal ally through modern engagements, particularly with respect to international efforts in Afghanistan and against the Islamic State of Iraq and the Levant (ISIL).
(3)
The United States and Australia have been bound by the Security Treaty Between Australia, New Zealand and the United States of America, signed at San Francisco on September 1, 1951, which codified military obligations for each party outside as well as within the Pacific region for the preservation of peace and stability.
(4)
The Force Posture Agreement between the Government of Australia and the Government of the United States of America, signed at Sydney on August 12, 2014, strengthened the relationship between the two countries, a relationship that is an anchor for peace and security both in the Asia-Pacific region and worldwide.
(5)
Vice President Michael Pence stated on April 22, 2017, that “the historic Alliance between the United States and Australia is inviolate, it is immutable, and it is a beacon that shines throughout the Asia Pacific and inspires the wider world”. The Vice President stated that “the United States will continue to work closely with Australia” to secure peace in the Asia-Pacific region.
(6)
Former Secretary of Defense Ashton Carter stated in 2016 that the United States-Australia alliance continues to be essential in terms of “accelerating the defeat of ISIL together in Iraq and Syria”.
(b)
Sense of Congress— It is the sense of Congress that—
(1)
the United States values its alliance with the Government of Australia, and the shared values and interests between both countries are essential to promoting peace, security, stability, and economic prosperity in the Indo-Asia-Pacific region;
(2)
the annual rotations of United States Marine Corps forces to Darwin, Australia, and enhanced rotations of United States Air Force aircraft to Australia pave the way for even closer defense and security cooperation;
(3)
the Treaty Between the Government of the United States of America and the Government of Australia Concerning Defense Trade Cooperation, done at Sydney, September 5, 2007, should continue to facilitate industry collaboration and innovation to meet shared security challenges and reinforce military ties;
(4)
as described by Australian Prime Minister Malcolm Turnbull, North Korea is “a threat to the peace of the region” and the United States and Australia should continue to cooperate to defend against the threat of North Korea’s nuclear and missile capabilities; and
(5)
the United States and Australia also should continue to address the threat of terrorism and strengthen information sharing.