[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6313 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6313

     To promote peaceful and collaborative resolution of maritime 
territorial disputes in the South China Sea and its environs and other 
          maritime areas adjacent to the East Asian mainland.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2012

  Mr. Faleomavaega (for himself and Ms. Ros-Lehtinen) introduced the 
following bill; which was referred to the Committee on Foreign Affairs, 
and in addition to the Committee on Armed Services, 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 promote peaceful and collaborative resolution of maritime 
territorial disputes in the South China Sea and its environs and other 
          maritime areas adjacent to the East Asian mainland.

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

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) The South China Sea contains vital commercial shipping 
        lanes and points of access between the Indian Ocean and Pacific 
        Ocean and provides a maritime lifeline to Taiwan, Japan, and 
        the Korean peninsula.
            (2) China, Vietnam, the Philippines, Taiwan, Malaysia, and 
        Brunei have disputed territorial claims over the Spratly 
        Islands, and China, Taiwan, and Vietnam have disputed 
        territorial claims over the Paracel Islands.
            (3) In 2009, the Government of the People's Republic of 
        China introduced the 9-dotted line (also known as the Cow 
        Tongue line) to officially claim most of the 648,000 square 
        miles of the South China Sea, more than any other nation 
        involved in these territorial disputes.
            (4) Although not a party to these disputes, the United 
        States has a national economic and security interest in 
        maintaining peace, stability and prosperity in East Asia and 
        ensuring that no party threatens or uses force unilaterally to 
        assert maritime territorial claims in East Asia, including in 
        the South China Sea, the East China Sea, or the Yellow Sea.
            (5) The Association of Southeast Asian Nations (ASEAN) has 
        promoted multilateral talks in disputed areas without settling 
        the issue of sovereignty.
            (6) In 2002, ASEAN and China signed a Declaration on the 
        Conduct of Parties in the South China Sea. That declaration 
        committed all parties to those territorial disputes to 
        ``reaffirm their respect for and commitment to the freedom of 
        navigation in and overflight 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''. Yet, in September 2010, tensions 
        were raised in the East China Sea off of the Senkaku 
        (Diaoyutai) Islands, a territory under the legal administration 
        of Japan, when a Chinese fishing vessel deliberately rammed 
        Japanese Coast Guard patrol boats.
            (7) The Government of the People's Republic of China 
        deliberately heightened these tensions by making a series of 
        diplomatic protests, including on one occasion summoning the 
        Japanese Ambassador after midnight, by threatening ``further 
        repercussions'' if Japan did not immediately release the 
        Chinese ship captain involved in the collisions, and by 
        encouraging anti-Japanese demonstrations in Chinese cities.
            (8) On February 25, 2011, a frigate from China's navy fired 
        shots at 3 fishing boats from the Philippines.
            (9) On March 2, 2011, the Government of the Philippines 
        reported that two patrol boats from China attempted to ram one 
        of its surveillance ships.
            (10) On May 26, 2011, a maritime security vessel from China 
        cut the cables of an exploration ship from Vietnam, the Binh 
        Minh, in the South China Sea in waters near Cam Ranh Bay in the 
        exclusive economic zone of Vietnam.
            (11) On May 31, 2011, three Chinese military vessels used 
        guns to threaten the crews of four Vietnamese fishing boats 
        while they were fishing in the waters of the Truong Sa 
        (Spratly) archipelago.
            (12) On June 3, 2011, Vietnam's Foreign Ministry released a 
        statement that ``Vietnam is resolutely opposed to these acts by 
        China that seriously violated the sovereign and jurisdiction 
        rights of Viet Nam to its continental shelf and Exclusive 
        Economic Zone (EEZ).''.
            (13) On June 9, 2011, three vessels from China, including 
        one fishing vessel and two maritime security vessels, ran into 
        and disabled the cables of another exploration ship from 
        Vietnam, the Viking 2, in the exclusive economic zone of 
        Vietnam.
            (14) On June 13-14, 2011, the Government of Vietnam held a 
        live-fire military exercise on the uninhabited island of Hon 
        Ong, 25 miles off the coast of Vietnam in the South China Sea.
            (15) On June 25, 2011, Chinese Peoples' Liberation Army 
        Major General (Ret.) Peng Guangqian stated in a television 
        interview that ``China once taught Vietnam a lesson. If Vietnam 
        is not sincere, it will receive a bigger lesson'', adding that 
        ``If Vietnam continues to act tough, play with the knife, 
        sooner or later it will get cut.''.
            (16) On June 26, 2011, the Chinese news agency Xinhua 
        announced that China and Vietnam had agreed to hold talks on 
        how to resolve conflicts arising from a sovereignty dispute 
        over the South China Sea after a June 25 meeting in Beijing 
        between Dai Bingguo, the senior Chinese official in charge of 
        foreign affairs, and Vietnamese Vice Foreign Minister and 
        Special Envoy Ho Xuan Son.
            (17) It was reported, on June 17, 2011, that the 
        Philippines removed a string of wooden markers that Manila 
        determined was placed by China in disputed areas of the South 
        China Sea amid growing regional tensions.
            (18) On June 23, 2011, Secretary of State Hillary Rodham 
        Clinton told visiting Philippines Foreign Secretary Albert del 
        Rosario that ``We are determined and committed to supporting 
        the defense of the Philippines.''.
            (19) Philippines Foreign Secretary del Rosario stated that 
        the Philippines is a small country, but is ``prepared to do 
        what is necessary to stand up to any aggressive action in our 
        backyard''.
            (20) The United States, on June 23, 2011, stated that it 
        was ready to provide hardware to modernize the military of the 
        Philippines.
            (21) The United States and the Philippines conducted 
        combined naval exercises in the Sulu Sea, near the South China 
        Sea, from June 28 to July 8, 2011.
            (22) On June 17, 2011, China dispatched one of its largest 
        patrol ships, the Haixun 31, on a voyage through disputed areas 
        of the South China Sea in a deliberate show of force en route 
        to a port of call in Singapore.
            (23) China's official media stated that the sailing route 
        of the Haixun 31 in the South China Sea was determined to 
        protect its ``rights and sovereignty''.
            (24) A spokesperson for Singapore's Ministry of Foreign 
        Affairs pointed out, on June 20, 2011, that ``as a major 
        trading nation, Singapore has a critical interest in anything 
        affecting freedom of navigation in all international sea lanes, 
        including those in the South China Sea''.
            (25) Singapore further urged China to clarify its claims in 
        the South China Sea with more precision as the current 
        ambiguity as to their extent has caused serious concerns in the 
        international maritime community.
            (26) The actions of the Government of the People's Republic 
        of China in the South China Sea have also affected United 
        States military and maritime vessels transiting through 
        international air space and waters, including the collision of 
        a fighter plane of China with a United States surveillance 
        plane in 2001, the harassment of the USNS Impeccable in March 
        2009, and the collision of a Chinese submarine with the sonar 
        cable of the USS John McCain in June 2009.
            (27) In July 2010, People's Daily, the official newspaper 
        of the Chinese Communist Party, reported that General Ma 
        Xiaotian, deputy chief of the general staff of the People's 
        Liberation Army, said that China ``strongly opposed'' combined 
        naval exercises to be conducted in the West (Yellow) Sea by the 
        United States and the Republic of Korea.
            (28) These exercises were to be conducted in international 
        waters, as well as Republic of Korea territorial waters, in the 
        vicinity of the site of the March 2010 North Korean torpedo 
        attack on the South Korean military vessel Cheonan, which 
        resulted in 46 deaths.
            (29) These exercises were to include participation by the 
        USS George Washington aircraft carrier group.
            (30) In July 2010, Chinese Major General Luo Yuan, a 
        researcher at the Chinese Academy of Military Sciences, in an 
        interview with a Hong Kong TV station, stressed the importance 
        of the Yellow Sea as ``a gateway to China's capital region'' 
        and said that ``if a U.S. aircraft carrier enters the Yellow 
        Sea, it will become a living target''.
            (31) On July 23, 2010, Secretary of State Hillary Rodham 
        Clinton stated at the Association of Southeast Asian Nations 
        Regional Forum that ``the United States, like every nation, has 
        a national interest in freedom of navigation, open access to 
        Asia's maritime commons, and respect for international law in 
        the South China Sea''.
            (32) Secretary Clinton further expressed the support of the 
        United States for the Declaration by the Association of 
        Southeast Asian Nations and China in 2002 on the Conduct of 
        Parties in the South China Sea, and stated, ``The United States 
        supports a collaborative diplomatic process by all claimants 
        for resolving the various territorial disputes without 
        coercion.''.
            (33) On October 12, 2010, former Secretary of Defense 
        Robert Gates stated at the ASEAN Defense Ministers Meeting-
        Plus, ``The U.S. position on maritime security remains clear: 
        we have a national interest in freedom of navigation; in 
        unimpeded economic development and commerce; and in respect for 
        international law.''. Former Secretary Gates further maintained 
        ``The United States has always exercised our rights and 
        supported the rights of others to transit through, and operate 
        in, international waters.''.
            (34) On June 4, 2011, at the Shangri-La Dialogue in 
        Singapore, former Secretary Gates stated that ``maritime 
        security remains an issue of particular importance for the 
        region, with questions about territorial claims and the 
        appropriate use of the maritime domain presenting on-going 
        challenges to regional stability and prosperity''.
            (35) On June 5, 2011, at the Shangri-La Dialogue, Liang 
        Guanglie, the Defense Minister from China, said, ``China is 
        committed to maintaining peace and stability in the South China 
        Sea.''.
            (36) On June 14, 2011, Hong Lei, the spokesman for the 
        Chinese Foreign Ministry, stated that ``China always upholds 
        and has been committed to a proper resolution of differences 
        and disputes over the South China Sea in a peaceful manner 
        through bilateral direct negotiation and friendly consultation 
        with relevant countries.''.
            (37) On June 22, 2011, Chinese Vice Foreign Minister Cui 
        Tiankai told reporters, in reference to the South China Sea 
        disputes, that ``I believe the individual countries are 
        actually playing with fire, and I hope the fire will not be 
        drawn to the United States.''.
            (38) On June 29, 2011, the Defense Ministry of the People's 
        Republic of China stated that ``Recent drills by the Chinese 
        navy are routine and not connected to the situation in the 
        South China Sea'', further calling for people to view the 
        exercises in a ``rational'' way.
            (39) On April 8, 2012, a Philippine plane spotted eight 
        Chinese fishing boats in the vicinity of the Scarborough Shoal, 
        which both countries claim.
            (40) A Philippine coast guard cutter and two Chinese 
        maritime surveillance craft began a tense 10-day standoff, with 
        the Philippine vessel, citing the upcoming typhoon season, 
        withdrawing but the Chinese ships remained in the area. 
        Moreover, China constructed barriers to prevent Philippine 
        vessels from entering the Scarborough Shoal where it was 
        reported that Chinese flags were raised.
            (41) A Chinese foreign ministry spokesman condemned a long-
        planned joint military exercise between the U.S. and the 
        Philippines in April, saying ``The major trend of the times in 
        this region is peace and development. Military exercise does 
        not represent the major call of the times.''.
            (42) In June of 2012, Vietnam passed a law claiming 
        sovereignty over the Paracel and Spratly Islands and called for 
        mutual respect for international law.
            (43) China quickly criticized the law, with a foreign 
        ministry statement calling it a ``serious violation of China's 
        territorial sovereignty'' and that China expressed its 
        ``resolute and vehement opposition''.
            (44) In June of 2012, China's cabinet, the State Council, 
        approved the establishment of a prefecture-level government in 
        the city of Sansha to oversee the areas claimed by China in the 
        South China Sea.
            (45) On June 23, 2012, the China National Offshore Oil 
        Corporation invited bids for oil exploration in areas within 
        200 nautical miles of the continental shelf and exclusive 
        economic zone of Vietnam.
            (46) On June 28, 2012, the Chinese Defense Ministry 
        announced that military authorities were considering 
        establishing a military presence in the prefecture capitol of 
        Sansha.
            (47) Also on June 28, Chinese military press spokesman 
        Senior Colonel Geng Yansheng announced that the PLA had begun 
        ``regular, combat-ready patrols'' in the South China Sea.
            (48) On July 11, 2012, Chinese patrol ships were spotted 
        near the disputed Senkaku (Diaoyutai) Islands in the East China 
        Sea.
            (49) When the Japanese coast guard told the Chinese ships 
        to leave, the crew told them, ``We are conducting official duty 
        in Chinese waters. Do not interfere. Leave China's territorial 
        waters.''.
            (50) Japan's Vice Foreign Minister Kenichrio Sasae called 
        the exchange ``extremely serious'' and ``unacceptable,'' and a 
        government spokesperson was quoted as saying, ``It is clear 
        that historically and legally Senkaku is an inherent territory 
        of Japan.''.
            (51) At the July 2012 ASEAN Regional Forum (ARF), Secretary 
        Clinton said, ``We believe the nations of the region should 
        work collaboratively and diplomatically to resolve disputes 
        without coercion, without intimidation, without threats, and 
        without the use of force.''.
            (52) Although ASEAN has agreed on the elements of the Code 
        of Conduct (COC), China stated that it would enter negotiations 
        with ASEAN on the COC ``when the time is ripe''.
            (53) A day following the conclusion of the ARF meeting on 
        July 14, 2012, a Chinese naval warship ran aground while on 
        patrol about 60 miles from the province of Palawan in the 
        Philippines on Half Moon Shoal in the disputed Spratlys.
            (54) While the grounded warship was in the process of 
        removing itself from the Half Moon Shoal a day later, Xinhua 
        announced that 30 Chinese fishing boats, guarded by an official 
        government ship, had set sail for the South China Sea.
            (55) On July 19, 2012, the Chinese Central Military 
        Commission approved the establishment of the ``military defense 
        and watch zone of Sansha'' at the division level.
            (56) On July 26, 2012, China then appointed a Chief 
        Commander and a Political Commissar of ``the military defense 
        and watch zone of Sansha''.
            (57) On July 23, 2012, Philippine President Benigno Aquino 
        III announced in his state of the nation address that the 
        Philippines had purchased more than 40 military aircraft, 
        including attack helicopters and two refurbished C-130 cargo 
        planes, as well as a second former U.S. Coast Guard cutter.
            (58) In the nationally televised address before Congress, 
        President Aquino stressed that he would not back down to 
        Chinese pressure, saying ``I do not think it excessive to ask 
        that our rights be respected, just as we respect their rights 
        as a fellow nation in a world we need to share.''.
            (59) A day earlier, on July 22, China's Central Military 
        Commission approved the deployment of a garrison of soldiers to 
        guard Chinese claims in the Spratlys, the Paracels and the 
        Macclesfield Bank.
            (60) On July 24, 2012, China declared a new municipality on 
        Yongxing, or Woody Island, where the previously announced 
        military garrison will be stationed.
            (61) A State Department spokeswoman said that the United 
        States is concerned about such ``unilateral moves'' and wants 
        to see ``all of these issues resolved at the table''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that, in light of the congressional 
finding described in section 1, the Secretary of State should--
            (1) reaffirm the strong support of the United States for 
        the peaceful resolution of maritime territorial disputes in the 
        South China Sea, the Taiwan Strait, the East China Sea, and the 
        Yellow Sea and pledge continued efforts to facilitate a 
        collaborative, peaceful proves to resolve these disputes;
            (2) condemn the use of threat or force by naval, maritime 
        security, and fishing vessels from China in the South China Sea 
        and the East China Sea as well as the use of force by China's 
        North Korean ally in the Yellow Sea;
            (3) note that overt threats and gun boat diplomacy are not 
        constructive means for settling these outstanding maritime 
        disputes;
            (4) call on all parties to these territorial disputes to 
        refrain from threatening force or using force to assert 
        territorial claims;
            (5) welcome the diplomatic efforts of Association of 
        Southeast Asian Nations (ASEAN) and the United States allies 
        and partners in Taiwan, Japan, and the Republic of Korea to 
        amiably and fairly resolve these outstanding disputes; and
            (6) support the continuation of operations by the United 
        States Armed Forces in support of freedom of navigation rights 
        in international waters and air space in the South China Sea, 
        the East China Sea, the Taiwan Strait, and the Yellow Sea.
                                 <all>