[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.
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