[Congressional Record (Bound Edition), Volume 158 (2012), Part 10]
[Senate]
[Pages 13386-13387]
[From the U.S. Government Publishing Office, www.gpo.gov]




 REAFFIRMING STRONG SUPPORT OF THE UNITED STATES OF THE PARTIES IN THE 
                            SOUTH CHINA SEA

  Mr. REID. Mr. President, I ask unanimous consent that the Foreign 
Relations Committee be discharged from further consideration of S. Res. 
524, and the Senate proceed to its consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 524) reaffirming the strong support 
     of the United States for the 2002 declaration of conduct of 
     parties in the South China Sea among the member states of 
     ASEAN and the People's Republic of China, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, I ask unanimous consent that the resolution 
be agreed to, the Webb amendment to the preamble be agreed to, the 
preamble, as amended, be agreed to, the motions to reconsider be laid 
upon the table, with no intervening action or debate, and any related 
statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 524) was agreed to.
  The amendment (No. 2779) was agreed to, as follows:

                    (Purpose: To amend the preamble)

       In the preamble, strike the 6th whereas clause and all that 
     follows through the end and insert the following:
       Whereas ASEAN plays an important role, in partnership with 
     others in the regional and international community, in 
     addressing maritime security issues in the Asia-Pacific 
     region and into the Indian Ocean, including open access to 
     the maritime domain of Asia;
       Whereas the South China Sea is a vital part of the maritime 
     domain of Asia, including critical sea lanes of communication 
     and commerce between the Pacific and Indian oceans;
       Whereas, in the declaration on the conduct of parties in 
     the South China Sea, the governments of the member states of 
     ASEAN and the Government of the People's Republic of China 
     have affirmed ``that the adoption of a code of conduct in the 
     South China Sea would further promote peace and stability in 
     the region'' and have agreed to work towards the attainment 
     of a code of conduct;
       Whereas, pending the peaceful settlement of territorial and 
     jurisdictional disputes, the member states of ASEAN and the 
     People's Republic of China have committed to ``exercise self-
     restraint in the conduct of activities that would complicate 
     or escalate disputes and stability, including, among others, 
     refraining from action of inhabiting presently uninhabited 
     islands, reefs, shoals, and other features and to handle 
     their differences in a constructive manner'';
       Whereas, pending the peaceful settlement of territorial and 
     jurisdictional disputes, the member states of ASEAN and the 
     People's Republic of China affirmed their commitment ``to the 
     freedom of navigation in and overflight of the South China 
     Sea provided for by the universally recognized principles of 
     international law, including the 1982 UN Convention on the 
     Law of the Sea'';
       Whereas, although not a party to these disputes, the United 
     States has national interests in freedom of navigation, the 
     maintenance of peace and stability, respect for international 
     law, and unimpeded lawful commerce;
       Whereas the Government of the People's Republic of China 
     has recently taken unilateral steps to declare the Paracel 
     and Spratly Islands, and their adjacent waters to be a 
     prefectural-level city, and has identified government leaders 
     to assert administrative control over 200 islets, sandbanks, 
     and reefs and 2,000,000 square kilometers of water;
       Whereas the Central Military Commission in China also 
     announced the deployment of a garrison of soldiers to this 
     area; and
       Whereas these steps are contrary to agreed upon principles 
     with regard to resolving disputes and impede a peaceful 
     resolution of the sovereignty disputes in the South China 
     Sea: Now, therefore, be it

  The preamble, as amended, was agreed to.
  The resolution with its preamble as amended, reads as follows:

                              S. Res. 524

       Whereas the Association of Southeast Asian Nations (ASEAN) 
     plays a key role in strengthening and contributing to peace, 
     stability, and prosperity in the Asia-Pacific region;
       Whereas the vision of the ASEAN Leaders in their goals set 
     out in the ASEAN Charter to integrate ASEAN economically, 
     politically, and culturally furthers regional peace, 
     stability, and prosperity;
       Whereas the United States Government recognizes the 
     importance of a strong, cohesive, and integrated ASEAN as a 
     foundation for effective regional frameworks to promote peace 
     and security and economic growth and to ensure that the Asia-
     Pacific community develops according to rules and norms 
     agreed upon by all of its members;
       Whereas the United States is enhancing political, security 
     and economic cooperation in Southeast Asia through ASEAN, and 
     seeks to continue to enhance its role in partnership with 
     ASEAN and others in the region in addressing transnational 
     issues ranging from climate change to maritime security;
       Whereas the United States Government welcomes the 
     development of a peaceful and prosperous China which respects 
     international norms, international laws, international 
     institutions, and international rules, and enhances security 
     and peace, and seeks to advance a ``cooperative partnership'' 
     between the United States and China;
       Whereas ASEAN plays an important role, in partnership with 
     others in the regional and international community, in 
     addressing maritime security issues in the Asia-Pacific 
     region and into the Indian Ocean, including open access to 
     the maritime domain of Asia;
       Whereas the South China Sea is a vital part of the maritime 
     domain of Asia, including critical sea lanes of communication 
     and commerce between the Pacific and Indian oceans;
       Whereas in the declaration on the conduct of parties in the 
     South China Sea, the governments of the member states of 
     ASEAN and the Government of the People's Republic of China 
     have affirmed ``that the adoption of a code of conduct in the 
     South China Sea would further promote peace and stability in 
     the region'' and have agreed to work towards the attainment 
     of a code of conduct;
       Whereas pending the peaceful settlement of territorial and 
     jurisdictional disputes, the member states of ASEAN and the 
     People's Republic of China have committed to ``exercise self-
     restraint in the conduct of activities that would complicate 
     or escalate disputes and stability, including, among others, 
     refraining from action of inhabiting presently uninhabited 
     islands, reefs, shoals, and other features and to handle 
     their differences in a constructive manner'';
       Whereas pending the peaceful settlement of territorial and 
     jurisdictional disputes, the member states of ASEAN and the 
     People's Republic of China affirmed their commitment ``to the 
     freedom of navigation in and overflight of the South China 
     Sea provided for by the universally recognized principles of 
     international law, including the 1982 UN Convention on the 
     Law of the Sea'';
       Whereas although not a party to these disputes, the United 
     States has national interests in freedom of navigation, the 
     maintenance of peace and stability, respect for international 
     law, and unimpeded lawful commerce;
       Whereas the Government of the People's Republic of China 
     has recently taken unilateral steps to declare the Paracel 
     and Spratly Islands, and their adjacent waters to be a 
     prefectural-level city, and has identified government leaders 
     to assert administrative control over 200 islets, sandbanks, 
     and reefs and 2,000,000 square kilometers of water;
       Whereas the Central Military Commission in China also 
     announced the deployment of a garrison of soldiers to this 
     area; and
       Whereas these steps are contrary to agreed upon principles 
     with regard to resolving disputes and impede a peaceful 
     resolution of the sovereignty disputes in the South China 
     Sea: Now, therefore, be it
       Resolved, That the Senate--
       (1) reaffirms the strong support of the United States for 
     the 2002 declaration of conduct of parties in the South China 
     Sea among the member states of ASEAN and the People's 
     Republic of China;

[[Page 13387]]

       (2) supports the member states of ASEAN, and the Government 
     of the People's Republic of China, as they seek to adopt a 
     legally binding code of conduct of parties in the South China 
     Sea, and urges all countries to substantively support ASEAN 
     in its efforts in this regard;
       (3) strongly urges that, pending adoption of a code of 
     conduct, all parties, consistent with commitments under the 
     declaration of conduct, ``exercise self-restraint in the 
     conduct of activities that would complicate or escalate 
     disputes and stability, including, among others, refraining 
     from action of inhabiting presently uninhabited islands, 
     reefs, shoals and other features and to handle their 
     differences in a constructive manner'';
       (4) supports a collaborative diplomatic process by all 
     claimants for resolving outstanding territorial and 
     jurisdictional disputes, allowing parties to peacefully 
     settle claims and disputes using international law;
       (5) reaffirms the United States commitment--
       (A) to assist the nations of Southeast Asia to remain 
     strong and independent;
       (B) to help ensure each nation enjoys peace and stability;
       (C) to broaden and deepen economic, political, diplomatic, 
     security, social, and cultural partnership with ASEAN and its 
     member states; and
       (D) to promote the institutions of emerging regional 
     architecture and prosperity; and
       (6) supports enhanced operations by the United States armed 
     forces in the Western Pacific, including in the South China 
     Sea, including in partnership with the armed forces of others 
     countries in the region, in support of freedom of navigation, 
     the maintenance of peace and stability, respect for 
     international law, including the peaceful resolution of 
     issues of sovereignty, and unimpeded lawful commerce.

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