[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 352 Introduced in House (IH)]

112th CONGRESS
  1st Session
H. RES. 352

    Calling for a 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

                             July 15, 2011

  Ms. Ros-Lehtinen (for herself, Mr. Manzullo, Mr. Faleomavaega, Mr. 
 Royce, Mr. Gallegly, Mr. King of New York, Mr. Burton of Indiana, Mr. 
 Chabot, Mr. Rivera, Mrs. Ellmers, Mr. McCotter, Mr. Poe of Texas, Mr. 
 Cravaack, Mr. Johnson of Ohio, Mrs. Schmidt, Mr. Coble, Mr. Miller of 
   Florida, Mr. Forbes, Ms. Bordallo, Mr. Sablan, Mr. Pierluisi, Mr. 
 Payne, Mr. Engel, Ms. Hirono, Ms. Hanabusa, Mr. Baca, and Mr. Kelly) 
submitted the following resolution; 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

_______________________________________________________________________

                               RESOLUTION


 
    Calling for a 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.

Whereas 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;
Whereas 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;
Whereas the Government of the People's Republic of China claims most of the 
        648,000 square miles of the South China Sea, more than any other nation 
        involved in those territorial disputes;
Whereas although not a party to these disputes, the United States has a national 
        economic and security interest in ensuring that no party 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;
Whereas, 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;
Whereas, 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;
Whereas, 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), running counter to 
        the 1982 United Nations Convention on the Law of the Sea, and going 
        against the spirit and wording of the Declaration on the Conduct of 
        Parties in the East Sea (South China Sea) signed between ASEAN and China 
        in 2002'';
Whereas, 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;
Whereas, 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;
Whereas, 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'';
Whereas, 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;
Whereas, on February 25, 2011, a frigate from China's navy fired shots at 3 
        fishing boats from the Philippines;
Whereas, on March 2, 2011, the Government of the Philippines reported that two 
        patrol boats from China attempted to ram one of its surveillance ships;
Whereas 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;
Whereas, 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'';
Whereas 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'';
Whereas the United States, on June 23, 2011, stated that it was ready to provide 
        hardware to modernize the military of the Philippines;
Whereas 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;
Whereas the Association of Southeast Asian Nations (ASEAN) has promoted 
        multilateral talks and the establishment of Joint Development 
        Authorities in disputed areas to jointly develop the areas, without 
        settling the issue of sovereignty;
Whereas in 2002, ASEAN and China signed a Declaration on the Conduct of Parties 
        in the South China Sea;
Whereas 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'';
Whereas 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.'';
Whereas 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;
Whereas, 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;
Whereas 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'';
Whereas 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;
Whereas 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;
Whereas at a press roundtable in Beijing, China, held on January 15, 2008, 
        former Commander of the Pacific Command, Admiral Timothy Keating, stated 
        that ``We (the United States) don't need China's permission to go 
        through the Taiwan Strait. It's international water. We will exercise 
        our free right of passage whenever and wherever we choose as we have 
        done repeatedly in the past and we'll do in the future.'';
Whereas 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;
Whereas 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;
Whereas these exercises were to include participation by the USS George 
        Washington aircraft carrier group;
Whereas 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.'';
Whereas 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;
Whereas, 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'';
Whereas 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.'';
Whereas, 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.'';
Whereas 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.'';
Whereas, 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'';
Whereas, 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'';
Whereas, 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.'';
Whereas, 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.''; and
Whereas, 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: Now, therefore, 
        be it
    Resolved, That the House of Representatives--
            (1) reaffirms the strong support of the United States for 
        the peaceful resolution of maritime territorial disputes in the 
        South China Sea, the East China Sea, and the Yellow Sea and 
        pledges continued efforts to facilitate a collaborative, 
        peaceful process to resolve these disputes;
            (2) condemns the use of 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) notes that overt threats and gun boat diplomacy are not 
        constructive means for settling these outstanding maritime 
        disputes;
            (4) calls on all parties to these territorial disputes to 
        refrain from threatening force or using force to assert 
        territorial claims;
            (5) welcomes 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) supports 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>