[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4495 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4495
To strengthen the United States commitment to the security and
stability of the Asia-Pacific region, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2014
Mr. Forbes (for himself and Ms. Hanabusa) introduced the following
bill; which was referred to the Committee on Armed Services, and in
addition to the Committee on Foreign Affairs, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To strengthen the United States commitment to the security and
stability of the Asia-Pacific region, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Asia-Pacific
Region Priority Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Congressional defense committees.
TITLE I--MATTERS RELATING TO THE DEPARTMENT OF DEFENSE
Sec. 101. Report on Department of Defense munitions strategy for United
States Pacific Command.
Sec. 102. Establishment of Department of Defense unmanned systems
office.
Sec. 103. Independent assessment on countering anti-access and area-
denial capabilities in the Asia-Pacific
region.
Sec. 104. Assessment of the maritime balance of forces in the Asia-
Pacific region.
Sec. 105. Missile defense cooperation.
Sec. 106. Department of Defense Space Security and Defense Program.
Sec. 107. Space situational awareness.
Sec. 108. Sense of Congress on access to training ranges within United
States Pacific Command area of
responsibility.
Sec. 109. Sense of Congress on Pohakuloa Training Area in Hawaii.
Sec. 110. Special easement acquisition authority, Pacific Missile Range
Facility, Barking Sands, Kauai, Hawaii.
TITLE II--MATTERS RELATING TO FOREIGN NATIONS
Sec. 201. Statement of policy on maritime disputes in the Asia-Pacific
region.
Sec. 202. Sense of Congress reaffirming security commitment to Japan.
Sec. 203. Report on opportunities to strengthen relationship between
the United States and the Republic of
Korea.
Sec. 204. Maritime capabilities of Taiwan and its contribution to
regional peace and stability.
Sec. 205. Modifications to annual report on military and security
developments involving the People's
Republic of China.
SEC. 2. SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The United States has a national interest in
maintaining the stability and security of the global commons in
the Asia-Pacific region.
(2) In October 2011, Secretary of State Hillary Clinton
laid out an enduring vision for continued United States
involvement in the Asia-Pacific region throughout the coming
century through strengthened security alliances, deeper
relations with emerging powers, broader engagement with
regional multilateral institutions, greater trade and
investment, a broad-based security posture, and the pursuit of
democracy and protection of human rights.
(3) In November 2011, President Barack Obama stated before
the Australian Parliament that the United States will stand for
security as the foundation of peace and prosperity, the rights
and responsibilities of all nations and people, international
law enforcing agreements and norms, freedom of commerce and
navigation, integration of emerging powers into a regional
security architecture, and the peaceful resolution of disputes.
(4) In January 2012, the Defense Strategic Guidance,
released by the Department of Defense, emphasized the
importance of the Asia-Pacific region, citing ``U.S. economic
and security interests are inextricably linked to developments
in the arc extending from the Western Pacific and East Asia
into the Indian Ocean region and South Asia,'' and accordingly,
``we will of necessity rebalance toward the Asia-Pacific
region''.
(5) In June 2012, Secretary of Defense Leon Panetta
reaffirmed at the Shangri-La Dialogue that the United States
remains committed to the principles of open and free commerce,
a just international order that emphasizes rights and
responsibilities of all nations and a fidelity to the rule of
law, open access by all to the shared domains of sea, air,
space, and cyberspace, and the resolution of disputes without
coercion or the use of force.
(6) The United States relationships with its treaty allies
in the Asia-Pacific region, including Japan, the Republic of
Korea, Australia, the Philippines, and Thailand, are at the
heart of United States policy and engagement in the region, and
these countries share a common approach to supporting peace and
stability, freedom of navigation, and other internationally
lawful uses of sea and airspace in the region.
(7) The United States continues to work with these and
other regional countries on a range of transnational security
and humanitarian issues, including countering the proliferation
of weapons of mass destruction, encouraging the peaceful
resolution of territorial disputes, responding to and
mitigating humanitarian disasters, halting the illicit
trafficking of people, drugs, and weapons, coordinating to
monitor and combat the risk of pandemic disease, and fighting
the disruptive activities of state and non-state actors for the
betterment of regional stability and prosperity.
(8) The United States military continues to work closely
with the armed forces of these and other regional countries to
maintain vigilance against threats to the global commons and
international order, deter against acts of aggression, and
field capabilities to mitigate risks to allied and partner
states in the Asia-Pacific region.
(9) Security shifts in the Asia-Pacific region over the
past decade have prompted a reassessment of the forces and
capabilities necessary to provide domain awareness, credible
deterrence, and effective defense in future decades to uphold
the United States security commitments to the region and to
maintain regional stability.
(10) As provided in written testimony to the Committee on
Armed Services of the House of Representatives in March 2014,
Admiral Samuel Locklear, Commander of U.S. Pacific Command,
noted that, ``North Korea remains our most dangerous and
enduring challenge . . . North Korea's pursuit of nuclear
weapons and ballistic missiles, in contravention of its
international obligations, constitutes a significant threat to
peace and security on the Korean Peninsula and in Northeast
Asia.''.
(11) As provided in written testimony to the Committee on
Armed Services of the House of Representatives in November
2013, Dr. Larry Wortzel, Commissioner, United States-China
Economic and Security Review Commission, noted that, ``China's
military, the People's Liberation Army (PLA), is undergoing an
extensive modernization program that presents significant
challenges to U.S. security interests in Asia.''.
(12) As Under Secretary of Defense for Acquisition,
Technology and Logistics, Mr. Frank Kendall, testified before
the Committee on Armed Services of the House of Representatives
on January 28, 2014, ``Anti-access aerial denial capabilities
that concern us cover a range of conventional capabilities. In
the case of China in particular, for example, they include
space control investments, offense cyber capabilities,
conventional ballistic and cruise missiles with precision-
seekers designed both fixed land installations and surface
ships, including aircraft carriers; air-to-air capabilities,
including fifth-generation fighters, long-range missiles with
advance technologies seekers, and electronic warfare
systems.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the security, stability, and prosperity of the Asia-
Pacific region is vital to United States national interests;
(2) security and stability, largely provided by United
States forces and their forward presence, underwrite United
States national interests in the Asia-Pacific region;
(3) the United States remains unwavering in its commitment
and support for allies and partners in the Asia-Pacific region;
(4) efforts by the Department of Defense to realign forces,
commit additional assets, and increase investments to the Asia-
Pacific region are welcome signs of the United States continued
commitment to the region;
(5) to counter anti-access and area-denial capabilities,
deter regional aggression, assure allies and partners, sustain
military balance in the Asia-Pacific region, and enable more
effective operations in contested and denied environments, the
Department of Defense will need to--
(A) develop new concepts and initiatives, such as
Air-Sea Battle (ASB) and the Strategic Capabilities
Office (SCO);
(B) invest in a new generation of military
capabilities, in areas such as undersea warfare, power-
projection, munitions, amphibious capabilities,
resilient space architectures, and missile defenses;
and
(C) nurture technologies, in areas such as
electromagnetics, directed energy, hypersonics, and
electronic warfare; and
(6) the development of regional institutions and bodies,
including the Association of Southeast Asian Nations (ASEAN)
Regional Forum, the ASEAN Defense Minister's Meeting, the East
Asia Summit, and the expanded ASEAN Maritime Forum, should be
supported to build practical cooperation in the Asia-Pacific
region and reinforce the role of international law.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
TITLE I--MATTERS RELATING TO THE DEPARTMENT OF DEFENSE
SEC. 101. REPORT ON DEPARTMENT OF DEFENSE MUNITIONS STRATEGY FOR UNITED
STATES PACIFIC COMMAND.
(a) Report Required.--Not later than April 1, 2015, the Secretary
of Defense shall submit to the congressional defense committees a
report on the munitions strategy for the United States Pacific Command,
including an identification of munitions requirements, an assessment of
munitions gaps and shortfalls, and necessary munitions investments.
Such strategy shall cover the 10-year period beginning with 2015.
(b) Elements.--The report on munitions strategy required by
subsection (a) shall include the following:
(1) An identification of current and projected munitions
requirements, by class or type.
(2) An assessment of munitions gaps and shortfalls,
including a census of current munitions capabilities and
programs, not including ammunition.
(3) A description of current and planned munitions
programs, including with respect to procurement, research,
development, test and evaluation, and deployment activities.
(4) Schedules, estimated costs, and budget plans for
current and planned munitions programs.
(5) Identification of opportunities and limitations within
the associated industrial base.
(6) Identification and evaluation of technology needs and
applicable emerging technologies, including with respect to
directed energy, rail gun, and cyber technologies.
(7) An assessment of how current and planned munitions
programs, and promising technologies, may affect existing
operational concepts and capabilities of the military
departments or lead to new operational concepts and
capabilities.
(8) An assessment of programs and capabilities by other
countries to counter the munitions programs and capabilities of
the Armed Forces of the United States, not including with
respect to ammunition, and how such assessment affects the
munitions strategy of each military department.
(9) Any other matters the Secretary determines appropriate.
(c) Form.--The report under subsection (a) may be submitted in
classified or unclassified form.
SEC. 102. ESTABLISHMENT OF DEPARTMENT OF DEFENSE UNMANNED SYSTEMS
OFFICE.
(a) Policy.--It is the policy of the United States to maintain an
independent organization within the Department of Defense to develop
and coordinate the unmanned air, land, and sea capabilities of the
United States to ensure unity of effort and the prudent allocation of
resources in accordance with military needs.
(b) Establishment.--
(1) In general.--Chapter 4 of title 10, United States Code,
is amended by adding at the end the following next section:
``Sec. 145. Director of Defense Unmanned Systems
``(a) Appointment.--(1) There is a Director of Defense Unmanned
Systems in the Office of the Secretary of Defense, who shall be
appointed by the Secretary of Defense and who shall report directly to
the Deputy Secretary of Defense.
``(2) The Director shall be a member of the Senior Executive
Service or a general officer or flag officer.
``(b) Responsibilities.--The Director of Defense Unmanned Systems
shall serve as--
``(1) the principal advisor to both the Secretary of
Defense and Deputy Secretary of Defense on matters relating to
unmanned systems described in subsection (c); and
``(2) the principal Department of Defense liaison to other
Federal agencies, the defense industry, and centers of research
on such matters.
``(c) Matters Described.--The Director shall advise the Secretary
and Deputy Secretary on, at a minimum, following:
``(1) Policy and oversight of all matters related to
unmanned systems within the Department of Defense, including
the Office of the Secretary of Defense, the military
departments, the Joint Staff, the combatant commands, and the
Defense Agencies.
``(2) Coordination of acquisition and research,
development, technology, and engineering efforts relating to
the development, experimentation, and fielding of unmanned
systems to ensure unity of effort and interagency awareness of
emerging capabilities.
``(3) Recommendations regarding budget matters pertaining
to unmanned systems programs and resources across the military
departments.
``(4) Recommendations, in collaboration with the Joint
Staff and other strategic planning offices, to integrate
unmanned systems with existing operational concepts and
determining new concepts enabled by advances in unmanned
capabilities, including--
``(A) advanced intelligence, surveillance, and
reconnaissance opportunities;
``(B) new or greater roles in power projection
responsibilities;
``(C) support for deterrence posture and
capabilities;
``(D) cost imposition strategies;
``(E) force protection; and
``(F) compliance with the requirements set forth in
142 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3164),
as amended by section 141 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2116), including the unmanned
systems roadmap, which includes a technology appendix
clarifying key areas for Department of Defense
research, development, testing, and evaluation and
areas to encourage independent research and development
investment by private companies.
``(d) Unmanned Systems Defined.--In this section, the term
`unmanned systems' means platforms without human occupants that are
directed by some combination of human input or autonomous function and
that are used in furtherance of military objectives.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by adding at
the end the following new item:
``145. Director of Defense Unmanned Systems.''.
SEC. 103. INDEPENDENT ASSESSMENT ON COUNTERING ANTI-ACCESS AND AREA-
DENIAL CAPABILITIES IN THE ASIA-PACIFIC REGION.
(a) Assessment Required.--
(1) In general.--The Secretary of Defense shall enter into
an agreement with an independent entity to conduct an
assessment of anti-access and area-denial capabilities that
pose a threat to the United States and its allies and partners
in the Asia-Pacific region and strategies to mitigate such
threats.
(2) Matters to be included.--The assessment required under
paragraph (1) shall include--
(A) identification of anti-access and area-denial
capabilities;
(B) assessment of gaps and shortfalls in the
ability of the United States to address anti-access and
area-denial capabilities identified under subparagraph
(A) and plans of the Department of Defense to address
such gaps and shortfalls;
(C) assessment of Department of Defense strategies
to effectively deter aggression in the Asia-Pacific
region; and
(D) any other matters the independent entity
determines to be appropriate.
(b) Report Required.--
(1) In general.--Not later than March 1, 2015, the
Secretary of Defense shall submit to the congressional defense
committees a report that includes the assessment and strategies
required under subsection (a) and any other matters the
Secretary determines to be appropriate.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex if necessary.
(c) Department of Defense Support.--The Secretary of Defense shall
provide the independent entity described in subsection (a) with timely
access to appropriate information, data, and analysis so that the
entity may conduct a thorough and independent assessment as required
under subsection (a).
SEC. 104. ASSESSMENT OF THE MARITIME BALANCE OF FORCES IN THE ASIA-
PACIFIC REGION.
(a) Assessment Required.--
(1) In general.--The Director of the Office of Net
Assessment of the Department of Defense shall conduct an
assessment of the maritime balance of forces in the Asia-
Pacific region for the 10-year period beginning on the date of
the initiation of the assessment, with a focus on the Chinese
People's Liberation Army and State Oceanic Administration.
(2) Matters to be included.--The assessment required under
paragraph (1) shall include the following:
(A) An identification and projection of maritime
balance of forces in the Asia-Pacific region based on--
(i) a thorough assessment of the military
capabilities, readiness, and strategies of each
assessed state; and
(ii) current and planned United States
security initiatives and acquisition efforts,
in comparison with the efforts of regional
states.
(B) The implications of pursuing such strategies
for the United States defense posture, to include
capabilities, force posture, and the role of allies and
partners.
(b) Report Required.--
(1) In general.--Not later than March 1, 2015, the Director
of the Office of Net Assessment shall submit to the
congressional defense committees a report that includes the
assessment required under subsection (a).
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex if necessary.
SEC. 105. MISSILE DEFENSE COOPERATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Admiral Samuel Locklear, Commander of the United States
Pacific Command, testified before the Committee on Armed
Services of the House of Representatives on March 5, 2014, that
in the spring of 2013, North Korea ``conducted another
underground nuclear test, threatened the use of a nuclear
weapon against the United States, and concurrently conducted a
mobile missile deployment of an Intermediate Range Ballistic
Missile, reportedly capable of ranging our western most U.S.
territory in the Pacific.'';
(2) General Curtis Scaparrotti, Commander of the United
States Forces Korea, testified before such committee on April
2, 2014, that ``CFC [Combined Forces Command] is placing
special emphasis on missile defense, not only in terms of
systems and capabilities, but also with regard to implementing
an Alliance counter-missile strategy required for our combined
defense.''; and
(3) increased emphasis and cooperation on missile defense
among the United States, Japan, and the Republic of Korea,
enhances the security of allies of the United States in
Northeast Asia, increases the defense of forward-based forces
of the United States, and enhances the protection of the United
States.
(b) Assessment Required.--The Secretary of Defense shall conduct an
assessment to identify opportunities for increasing missile defense
cooperation among the United States, Japan, and the Republic of Korea,
and to evaluate options for short-range missile, rocket, and artillery
defense capabilities.
(c) Elements.--The assessment under subsection (b) shall include
the following:
(1) Candidate areas for increasing missile defense
cooperation, including greater information sharing, systems
integration, and joint operations.
(2) Potential challenges and limitations to enabling such
cooperation and plans for mitigating such challenges and
limitations.
(3) An assessment of the utility of short-range missile
defense and counter-rocket, artillery, and mortar system
capabilities, including with respect to--
(A) the requirements for such capabilities to meet
operational and contingency plan requirements in
Northeast Asia;
(B) cost, schedule, and availability;
(C) technology maturity and risk; and
(D) consideration of alternatives.
(d) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide to
the congressional defense committees a briefing on the assessment under
subsection (b).
SEC. 106. DEPARTMENT OF DEFENSE SPACE SECURITY AND DEFENSE PROGRAM.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) critical United States national security space systems
are facing a serious growing foreign threat;
(2) the People's Republic of China and the Russian
Federation are both developing capabilities to disrupt the use
of space by the United States in a conflict, as recently
outlined by the Director of National Intelligence in testimony
before Congress; and
(3) a fully developed multi-faceted space security and
defense program is needed to deter and defeat any adversaries'
acts of space aggression.
(b) Report on Ability of the United States To Deter and Defeat
Adversary Space Aggression.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing an assessment of
the ability of the Department of Defense to deter and defeat any act of
space aggression by an adversary.
(c) Study on Alternative Defense and Deterrence Strategies in
Response to Foreign Counterspace Capabilities.--
(1) Study required.--The Secretary of Defense, acting
through the Office of Net Assessment, shall conduct a study of
potential alternative defense and deterrent strategies in
response to the existing and projected counterspace
capabilities of China and Russia. Such study shall include an
assessment of the congruence of such strategies with the
current United States defense strategy and defense programs of
record, and the associated implications of pursuing such
strategies.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees the results of the study
required under paragraph (1).
SEC. 107. SPACE SITUATIONAL AWARENESS.
(a) Findings.--Congress finds the following:
(1) As General William Shelton testified before the
Committee on Armed Services of the House of Representatives on
April 3, 2014, ``[Space Situational Awareness] underpins
everything we do in space''.
(2) At the same hearing, Lieutenant General John Raymond,
Commander, Joint Functional Component Command for Space,
further testified that, ``Space Situational Awareness (SSA) is
fundamental to effective operation and defense of our
capabilities. SSA allows us to maintain the current and
predictive knowledge of the space domain and the operational
environment upon which space operations depend. We rely on SSA
to provide timely and accurate warning to alert national and
military leaders and our partners of impending threats and
hostile actions.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Defense $10,000,000 for fiscal year
2015 for research, development, test, and evaluation, Air Force, for
enhancing the space situational awareness capabilities of the Air
Force. Such authorization is in addition to any other authorization of
appropriations for the Secretary for such fiscal year.
SEC. 108. SENSE OF CONGRESS ON ACCESS TO TRAINING RANGES WITHIN UNITED
STATES PACIFIC COMMAND AREA OF RESPONSIBILITY.
(a) Findings.--Congress makes the following findings:
(1) Reliable access to military training ranges is an
essential component of military readiness.
(2) The training opportunities provided by military
training ranges are critical to maintaining the technical and
operational superiority of the Armed Forces.
(3) The 2014 Quadrennial Defense Review states that the
operational readiness of the Armed Forces hinges on unimpeded
access to land, air, and sea training and test space.
(4) A number of critical military training ranges are
located within the United States Pacific Command area of
responsibility.
(5) Due to the ``tyranny of distance'' in the Asia-Pacific
region, there are significant challenges in transporting
equipment and personnel to the various military training ranges
within the United States Pacific Command area of
responsibility.
(6) The Department of Defense continues a number of efforts
aimed at preserving military training ranges, while also
minimizing the environmental effects of training activities.
(7) The Department of Defense has a variety of authorities
that may be used to mitigate encroachment on military testing
and training missions.
(b) Sense of Congress.--In light of the findings specified in
subsection (a), it is the sense of Congress that the Secretary of
Defense should--
(1) ensure that members of the Armed Forces continue to
have reliable access to military training ranges;
(2) optimize the use of multilateral, joint training
facilities overseas in order to increase readiness and
interoperability with allies and partners of the United States;
(3) utilize a full range of assets, including both air- and
sea-based assets, to improve accessibility to military training
areas within the United States Pacific Command area of
responsibility;
(4) provide stable budget authority for long-term
investment in range and test center infrastructure,
prioritizing those within the United States Pacific Command
area of responsibility; and
(5) take appropriate action to identify and mitigate
encroachment or other challenges that have the potential to
impact access or operations on military training ranges.
SEC. 109. SENSE OF CONGRESS ON POHAKULOA TRAINING AREA IN HAWAII.
(a) Findings.--Congress makes the following findings:
(1) The Pohakuloa Training Area in Hawaii is a premier
military training area in the Pacific region, providing units
from all United States military services, as well as militaries
of allies and partners with realistic joint and combined arms
training opportunities not found elsewhere in the world.
(2) The 2014 Quadrennial Defense Review states that United
States forces in the Asia-Pacific region ``will resume regular
bilateral and multilateral training exercises, pursue increased
training opportunities to improve capabilities and capacity of
partner nations, as well as support humanitarian, disaster
relief, counterterrorism, and other operations that contribute
to the stability of the region.''.
(3) There are significant challenges in transporting
equipment and personnel to the Pohakuloa Training Area from the
Island of Oahu, where all United States Pacific Command service
components are permanently based.
(b) Sense of Congress.--In light of the findings specified in
subsection (a), it is the sense of Congress that the Secretary of
Defense should--
(1) maximize the use of the Pohakuloa Training Area in
Hawaii by all Armed Forces components, and increase its use for
bilateral and multilateral exercises with regional allies and
partners;
(2) utilize a full range of assets to improve access to the
Training Center, including both air- and sea-based assets such
as inactive Joint High Speed Vessels;
(3) invest in capabilities and modest improvements to lower
the cost of access to the Training Center, such as construction
of a C-17 capable runway; and
(4) take appropriate action to leverage existing
authorities and programs, as well as work with the State of
Hawaii and municipalities to leverage their authorities, to
address any challenges that have the potential to impede future
access to or operations on military training ranges.
SEC. 110. SPECIAL EASEMENT ACQUISITION AUTHORITY, PACIFIC MISSILE RANGE
FACILITY, BARKING SANDS, KAUAI, HAWAII.
(a) Easement Acquisition Authority.--Subject to subsection (d), the
Secretary of the Navy may use the authority provided by section 2684a
of title 10, United States Code, to acquire from willing sellers
easements and other interests in real property in the vicinity of the
Pacific Missile Range Facility, Barking Sands, Kauai, Hawaii, for the
purpose of--
(1) limiting encroachments on military training, testing,
and operations at that installation; or
(2) facilitating such training, testing, and operations.
(b) Eligible Entities.--Notwithstanding subsection (c) of section
2684a of title 10, United States Code, the Secretary may enter into an
agreement authorized by such section with any private entity for the
acquisition of an easement or other interest in real property in the
vicinity of the Pacific Missile Range Facility, Barking Sands.
(c) Consideration.--As consideration for the acquisition of an
easement or other interest in real property under this section, the
Secretary of the Navy may not pay an amount in excess of the fair
market value of the interest to be acquired.
(d) Conditions on Use of Authority.--
(1) No use of condemnation.--An easement or other interest
in real property may be acquired under this section only from a
willing seller.
(2) No acquisition of complete title.--Nothing in this
section shall be construed to permit the Secretary of the Navy
to use this section as authority to acquire all right, title,
and interest in and to real property in the vicinity of the
Pacific Missile Range Facility, Barking Sands.
(e) Vicinity Defined.--In this section, the term ``vicinity'' means
the area within 30 miles of the boundaries of the Pacific Missile Range
Facility, Barking Sands.
TITLE II--MATTERS RELATING TO FOREIGN NATIONS
SEC. 201. STATEMENT OF POLICY ON MARITIME DISPUTES IN THE ASIA-PACIFIC
REGION.
(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, including
in the East China and South China Seas.
(2) There has been an unprecedented increase in aggressive
actions by the Government of the People's Republic of China in
the East China Sea, to include--
(A) dangerous activities by Chinese maritime
agencies in areas near the Senkaku islands, including
the intrusion of between 6 and 25 Chinese ships into
Japanese administered territory in the East China Sea
each month since September 2012, between 26 and 124
ships into the ``contiguous zone'' in the same time
period, and 9 ships into Japanese administered
territory and 33 ships into the contiguous zone in
February 2014; and
(B) a unilateral declaration on November 23, 2013,
without prior consultations with the United States,
Japan, the Republic of Korea, or other nations of the
Asia-Pacific region, of an Air Defense Identification
Zone (ADIZ) in the East China Sea.
(3) In recent years, there have also been numerous
dangerous and destabilizing incidents in the South China Sea,
specifically in waters near the coasts of the Philippines, the
People's Republic of China, Malaysia, and Vietnam, where the
use of coercion, intimidation, and military force by claimants
seeking to change the status quo have raised tensions in the
region. Such unilateral actions include--
(A) continued restrictions on access to Scarborough
Reef and pressure on long-standing Philippine presence
at the Second Thomas Shoal by the People's Republic of
China;
(B) establishing hydrocarbon blocks up for bid in
areas that are under dispute;
(C) announcing administrative and military
districts in contested areas in the South China Sea;
and
(D) imposing new fishing regulations covering
disputed areas.
(4) On December 5, 2013, the USS Cowpens was lawfully
operating in international waters in the South China Sea when a
People's Liberation Army Navy vessel crossed its bow at a
distance of less than 500 yards and stopped in the water,
forcing the USS Cowpens to take evasive action to avoid a
collision. Such action appears contrary to the international
legal obligations of the People's Republic of China under
International Regulations for Preventing Collisions at Sea
(COLREGs).
(5) The increasing frequency and assertiveness of patrols
and competing regulations over disputed territory and maritime
areas and airspace in the South China Sea and the East China
Sea are raising tensions and increasing the risk of
miscalculation and confrontation.
(6) The Association of Southeast Asian Nations (ASEAN) has
promoted multilateral talks on disputed areas without settling
the issue of sovereignty, and in 2002 joined with the People's
Republic of China in signing a Declaration on the Conduct of
Parties in the South China Sea that committed all parties to
those territorial disputes to ``reaffirm their respect for and
commitment to the freedom of navigation in and over flight
above the South China Sea as provided for by the universally
recognized principles of international law'' and to ``resolve
their territorial and jurisdictional disputes by peaceful
means, without resorting to the threat or use of force''.
(7) The United States Government has a clear interest in
the peaceful diplomatic resolution of disputed maritime claims
in accordance with international law and is firmly opposed to
coercion, intimidation, threats, or the use of force.
(b) Statement of Policy.--The United States--
(1) reaffirms its unwavering commitment and support for
allies and partners in the Asia-Pacific region, and for the
longstanding United States policy that Article V of the United
States-Japan Mutual Defense Treaty applies to the Japanese-
administered Senkaku Islands;
(2) opposes claims that impinge on the rights, freedoms,
and lawful use of the sea that belong to all nations and urges
all parties to refrain from engaging in destabilizing
activities, including illegal occupation or efforts to
unlawfully assert administration over disputed claims;
(3) supports the development of regional institutions and
bodies, including the Association of Southeast Asian Nations
(ASEAN) Regional Forum, the ASEAN Defense Minister's 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;
and
(4) continues United States military operations in, and
transit through, international waters and airspace in the Asia-
Pacific region, in accordance with established principles and
practices of international law.
SEC. 202. SENSE OF CONGRESS REAFFIRMING SECURITY COMMITMENT TO JAPAN.
It is the sense of Congress that--
(1) the United States highly values its alliance with the
Government of Japan as a cornerstone of peace and security in
the region, based on shared values of democracy, the rule of
law, free and open markets, and respect for human rights in
order to promote peace, security, stability, and economic
prosperity in the Asia-Pacific region;
(2) the United States welcomes Japan's determination to
contribute more proactively to regional and global peace and
security;
(3) the United States supports recent increases in Japanese
defense funding, adoption of a National Security Strategy,
formation of security institutions such as the Japanese
National Security Council, re-examination of the legal basis
for its security including the matter of exercising its right
of collective self-defense and other moves that will enable
Japan to bear even greater alliance responsibilities;
(4) the United States and Japan should continue to improve
joint interoperability and collaborate on developing future
capabilities with which to maintain regional stability in an
increasingly uncertain security environment;
(5) the United States and Japan should continue efforts to
strengthen regional multilateral institutions that promote
economic and security cooperation based on internationally
accepted rules and norms;
(6) the United States acknowledges that the Senkaku Islands
are under the administration of Japan and opposes any
unilateral actions that would seek to undermine such
administration, affirms that unilateral actions of a third
party will not affect the United States acknowledgment of the
administration of Japan over the Senkaku Islands, and remains
committed under the Treaty of Mutual Cooperation and Security
to respond to any armed attack in the territories under the
administration of Japan; and
(7) the United States reaffirms its commitment to the
Government of Japan under Article V of the Treaty of Mutual
Cooperation and Security that ``[e]ach Party recognizes that an
armed attack against either Party in the territories under the
administration of Japan would be dangerous to its own peace and
safety and declares that it would act to meet the common danger
in accordance with its constitutional provisions and
processes''.
SEC. 203. REPORT ON OPPORTUNITIES TO STRENGTHEN RELATIONSHIP BETWEEN
THE UNITED STATES AND THE REPUBLIC OF KOREA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States and the Republic of Korea have forged
a strong security alliance over the last 60 years;
(2) the alliance has been strengthened in joint missions to
fight the global war on terror and has been further bolstered
through a continuous trend of meaningful sales of United States
military hardware to Korea;
(3) the relationship between the two countries was further
solidified in 2011 through the United States-Korea Free Trade
Agreement which has led to growth in trade of goods and
services; and
(4) additional opportunities should be identified to ensure
that this relationship continues to grow in the long term and
more closely reflects United States relationships with other
free trade agreement partner countries.
(b) Report Required.--Not later than October 1, 2014, the Secretary
of Defense shall submit to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives, a report on
opportunities to further strengthen the relationship between the United
States and the Republic of Korea with an emphasis on matters relating
to security and trade.
SEC. 204. MARITIME CAPABILITIES OF TAIWAN AND ITS CONTRIBUTION TO
REGIONAL PEACE AND STABILITY.
(a) Report Required.--Not later than April 1, 2016, the Secretary
of Defense shall, in consultation with the Chairman of the Joint Chiefs
of Staff, submit to the congressional defense committees, the Committee
on Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives a report on--
(1) the maritime balance of forces between the People's
Republic of China and Taiwan; and
(2) the posture and readiness of the navy of Taiwan to
respond to an attack or other contingency against the territory
of Taiwan.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A description and assessment of the posture and
readiness of elements of the Chinese People's Liberation Army
expected or available to threaten the maritime or territorial
security of Taiwan, including an assessment of--
(A) the undersea and surface warfare capabilities
of the People's Liberation Army Navy in the littoral
areas in and around the Taiwan Strait;
(B) the amphibious and heavy sealift capabilities
of the People's Liberation Army Navy;
(C) the capabilities of the People's Liberation
Army Air Force to establish air dominance over Taiwan;
and
(D) the capabilities of the People's Liberation
Army Second Artillery Corps to suppress or destroy the
forces of Taiwan necessary to defend the security of
Taiwan.
(2) A description and assessment of the posture and
readiness of elements of the armed forces of Taiwan expected or
available to maintain the maritime or territorial security of
Taiwan, including an assessment of--
(A) the undersea and surface warfare capabilities
of the navy of Taiwan;
(B) the land-based anti-ship cruise missile
capabilities of Taiwan; and
(C) other anti-access or area-denial capabilities,
such as mines, that contribute to the deterrence of
Taiwan against actions taken to determine the future of
Taiwan by other than peaceful means.
(c) Form.--The report required by subsection (a) may be submitted
in classified or unclassified form.
(d) Sense of Congress.--It is the sense of Congress that--
(1) the United States, in accordance with the Taiwan
Relations Act (Public Law 96-8), should continue to make
available to Taiwan such defense articles and services as may
be necessary to enable Taiwan to maintain a sufficient self-
defense capability;
(2) the growth and modernization of the People's Liberation
Army, including its focus on ``preparing for potential conflict
in the Taiwan Strait [which] appears to remain the principal
focus and primary driver of China's military investment'', as
noted in the 2013 Office of the Secretary of Defense Annual
Report to Congress: Military and Security Developments
Involving the People's Republic of China, requires greater
attention to the needed defense capabilities of Taiwan; and
(3) the United States should consider opportunities to help
enhance the maritime capabilities and nautical skills of the
Taiwanese navy that can contribute to Taiwan's self-defense and
to regional peace and stability, in areas such as humanitarian
assistance and disaster relief operations, including extending
an invitation to Taiwan to participate in the 2014 Rim of the
Pacific international maritime exercise.
SEC. 205. MODIFICATIONS TO ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.
(a) Matters To Be Included.--Subsection (b) of section 1202 of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 781; 10 U.S.C. 113 note) is amended--
(1) by redesignating paragraphs (10) through (20) as
paragraphs (11) through (21), respectively; and
(2) by inserting after paragraph (9) the following:
``(10) The developments in maritime law enforcement
capabilities and organization of the People's Republic of
China, focusing on activities in contested maritime areas in
the South China Sea and East China Sea. Such analyses shall
include an assessment of the nature of China's maritime law
enforcement activities directed against United States allies
and partners. Such maritime activities shall include activities
originating or suspect of originating from China and shall
include government and nongovernment activities that are
believed to be sanctioned or supported by the Chinese
government.''.
(b) Effective Date.--The amendments made by this section take
effect on the date of the enactment of this Act and apply with respect
to reports required to be submitted under subsection (a) of section
1202 of the National Defense Authorization Act for Fiscal Year 2000, as
so amended, on or after that date.
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