[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 714 Engrossed in House (EH)]

H. Res. 714

                In the House of Representatives, U. S.,

                                                      December 3, 2014.
Whereas the maritime domains of the Asia-Pacific region, which include both the 
        sea and airspace above the domains, are critical to the region's 
        prosperity, stability, and security, including global commerce;
Whereas the maritime domain in the Asia-Pacific region between the Pacific and 
        Indian Oceans includes critical sea lines of commerce and communication;
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, although the United States Government is not a claimant in maritime 
        disputes in either the East China or South China Seas, the United States 
        has an interest in the peaceful diplomatic resolution of disputed claims 
        in accordance with international law, in freedom of navigation and 
        overflight, and in the free-flow of commerce free of coercion, 
        intimidation, or the use of force;
Whereas in 2002, the Association of Southeast Asian Nations (ASEAN) and China 
        agreed to the Declaration on the Conduct of Parties in the South China 
        Sea, and committed to developing an effective Code of Conduct;
Whereas that declaration 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'';
Whereas since that time, tensions over the disputed maritime and territorial 
        areas have increased;
Whereas on September 2010, tensions escalated in the East China Sea near 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 on February 25, 2011, a frigate from the People's Liberation Army Navy 
        (PLAN) fired shots at three 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 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;
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 Spratly Islands;
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, in the exclusive 
        economic zone of Vietnam;
Whereas on July 22, 2011, an Indian naval vessel, sailing about 45 nautical 
        miles off the coast of Vietnam, was warned by a Chinese naval vessel 
        that it was allegedly violating Chinese territorial waters;
Whereas in April 2012, tensions escalated between the Philippines and China 
        following a standoff over the Scarborough Shoal;
Whereas in June 2012, Vietnam passed a Maritime law that claimed sovereignty and 
        jurisdiction over the Paracel and Spratly Islands;
Whereas in June 2012, China's cabinet, the State Council, approved the 
        establishment of the city of Sansha to oversee the areas claimed by 
        China in the South China Sea;
Whereas in July 2012, Chinese military authorities announced that they had 
        established a corresponding People's Liberation Army garrison in Sansha, 
        in the new prefecture;
Whereas 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 within the exclusive economic zone of Vietnam;
Whereas in January 2013, a Chinese naval ship allegedly fixed its weapons-
        targeting radar on Japanese vessels in the vicinity of the Senkaku 
        islands in the East China Sea, and, on April 23, 2013, eight Chinese 
        marine surveillance ships entered the 12-nautical-mile territorial zone 
        off the Senkaku Islands, further escalating regional tensions;
Whereas on May 9, 2013, a fatal shooting incident occurred in which shots fired 
        from a Philippine Coast Guard patrol boat resulted in the death of a 
        Taiwanese fisherman;
Whereas on May 1, 2014, China's state-owned energy company, CNOOC, anchored its 
        deepwater drilling rig Hai Yang Shi You 981 (HD-981) in Vietnamese 
        waters and deployed over 80 vessels, including seven military vessels, 
        to support its provocative actions and attempt to change the status quo 
        by force;
Whereas Chinese vessels accompanying Hai Yang Shi You 981 (HD-981) intimidated 
        Vietnamese Coast Guard ships in violation of the Convention on the 
        International Regulations for Preventing Collisions at Sea, ramming 
        multiple Vietnamese vessels, and using helicopters and water cannons to 
        obstruct others;
Whereas on May 5, 2014, vessels from the Maritime Safety Administration of China 
        (MSAC) established an exclusion zone with a radius of three nautical 
        miles around Hai Yang Shi You 981 (HD-981);
Whereas China's actions in support of the Hai Yang Shi You 981 (HD-981) drilling 
        activity constitute a unilateral attempt to change the status quo by 
        force;
Whereas claimants have participated in land reclamation and building up of land 
        features, and whereas such activities have raised tensions among the 
        claimants;
Whereas, without prior consultations with the United States, Japan, the Republic 
        of Korea or other nations of the Asia-Pacific region, China declared an 
        Air Defense Identification Zone (ADIZ) over the East China Sea on 
        November 23, 2013;
Whereas China announced that all aircraft, even if they do not intend to enter 
        the ADIZ airspace, would have to submit flight plans, maintain radio 
        contact, and follow directions from the Chinese Ministry of National 
        Defense;
Whereas the ``rules of engagement'' declared by China, which at one time 
        included the threat of ``emergency defensive measures'', are in 
        violation of the concept of ``due regard for the safety of civil 
        aviation'' under the Chicago Convention of the International Civil 
        Aviation Organization and thereby are a departure from accepted 
        practice;
Whereas China's declaration of an ADIZ over the East China Sea has contributed 
        to increased uncertainty and unsafe conditions in the maritime region in 
        East Asia and the broader Asia-Pacific region;
Whereas freedom of navigation and other lawful uses of sea and airspace in the 
        Asia-Pacific region are embodied in international law, not granted by 
        certain states to others;
Whereas the United States Government expressed profound concerns with China's 
        unilateral, provocative, dangerous, and destabilizing declaration of 
        such a zone, including the potential for misunderstandings and 
        miscalculations by aircraft operating lawfully in international 
        airspace;
Whereas China's declaration of an ADIZ in the East China Sea will not alter how 
        the United States Government conducts operations in the region or the 
        unwavering United States commitment to peace, security and stability in 
        the Asia-Pacific region;
Whereas other governments in the Asia-Pacific region, including the Governments 
        of Japan, Korea, Philippines, Australia and Indonesia have expressed 
        deep concern about China's declaration of such a zone, regarding it as 
        an effort to unduly infringe upon the freedom of flight in international 
        airspace and to change the status quo that could escalate tensions and 
        potentially cause unintentional consequences in the East China Sea;
Whereas the United States Government does not support unilateral actions taken 
        by any claimant seeking to change the status quo through the use of 
        coercion, intimidation, or military force;
Whereas the United States Government is deeply concerned about unilateral 
        actions taken by any state to prevent any other state from exercising 
        its sovereign rights to the resources of the exclusive economic zone 
        (EEZ) and continental shelf by making claims to those areas that have no 
        apparent basis in international law; declarations of administrative and 
        military districts in contested areas in the South and East China Seas; 
        and the imposition of new fishing regulations covering disputed areas, 
        which have raised tensions in the region;
Whereas international law is important to safeguard the rights and freedoms of 
        all states in the Asia-Pacific region;
Whereas China and Vietnam have undertaken discussions to reduce tensions between 
        their navies;
Whereas in November 2014, the United States and China signed a non-binding 
        memorandum of understanding (MOU) on ``rules of behavior for safety of 
        air and maritime encounters'';
Whereas the MOU currently addresses only maritime behaviors and both sides have 
        agreed to complete an additional annex on air-to-air encounters in 2015;
Whereas the United States welcomes the agreement by Japan and China, in advance 
        of their bilateral meeting in November 2014, to reduce tensions over 
        disputed islands in the East China Sea and to ``gradually resume 
        political, diplomatic and security dialogues''; and
Whereas a peaceful and prosperous China, which acts as a responsible 
        international stakeholder and which respects international laws, 
        standards, and institutions, will enhance security and peace in the 
        Asia-Pacific region: 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 and the East China Sea and pledges continued efforts to facilitate a 
        collaborative, peaceful process to resolve these disputes;
            (2) reaffirms the strong support for freedom of navigation and over 
        flight and condemns coercive and threatening actions or the use of force 
        to impede these freedoms in international maritime domains and airspace 
        by military or civilian vessels, to alter the status quo or to 
        destabilize the Asia-Pacific region;
            (3) does not recognize the East China Sea Air Defense Identification 
        Zone (ADIZ) declared by China, which is contrary to freedom of 
        overflight in international airspace, and calls on China to refrain from 
        taking similar provocative actions elsewhere in the Asia-Pacific region, 
        including in the South China Sea;
            (4) urges the Association of Southeast Asian Nations (ASEAN), all 
        United States allies and partners, and all claimants to amiably and 
        fairly resolve these outstanding disputes, including through the 
        conclusion of a Code of Conduct for the South China Sea;
            (5) urges the conclusion of the annex to the non-binding memorandum 
        of understanding (MOU) between the United States and China on ``rules of 
        behavior for safety of air and maritime encounters'' addressing air-to-
        air encounters in 2015;
            (6) supports the continuation of operations by the United States to 
        support freedom of navigation in international waters and air space in 
        the South China Sea and the East China Sea; and
            (7) encourages the continuation of efforts by the United States 
        Government to strengthen partnerships in the region to build capacity 
        for maritime domain awareness in support of freedom of navigation, 
        maintenance of peace and stability, and respect for universally 
        recognized principles of international law.
            Attest:

                                                                          Clerk.