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REAFFIRMING THE PEACEFUL AND COLLABORATIVE RESOLUTION

OF MARITIME AND JURISDICTIONAL DISPUTES IN THE SOUTH

CHINA SEA AND THE EAST CHINA SEA AS PROVIDED FOR

BY UNIVERSALLY RECOGNIZED PRINCIPLES OF INTERNATIONAL LAW, AND REAFFIRMING THE STRONG SUPPORT

OF THE UNITED STATES GOVERNMENT FOR FREEDOM OF

NAVIGATION AND OTHER INTERNATIONALLY LAWFUL USES

OF SEA AND AIRSPACE IN THE ASIA-PACIFIC REGION

MARKUP

BEFORE THE

SUBCOMMITTEE ON ASIA AND THE PACIFIC

OF THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED THIRTEENTH CONGRESS

SECOND SESSION

ON

H. Res. 714

SEPTEMBER 17, 2014

Serial No. 113–204

Printed for the use of the Committee on Foreign Affairs

(

Available via the World Wide Web: http://www.foreignaffairs.house.gov/ or

http://www.gpo.gov/fdsys/

(II)

COMMITTEE ON FOREIGN AFFAIRS 

EDWARD R. ROYCE, California, Chairman 

CHRISTOPHER H. SMITH, New Jersey 

ILEANA ROS-LEHTINEN, Florida 

DANA ROHRABACHER, California 

STEVE CHABOT, Ohio 

JOE WILSON, South Carolina 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

MATT SALMON, Arizona 

TOM MARINO, Pennsylvania 

JEFF DUNCAN, South Carolina 

ADAM KINZINGER, Illinois 

MO BROOKS, Alabama 

TOM COTTON, Arkansas 

PAUL COOK, California 

GEORGE HOLDING, North Carolina 

RANDY K. WEBER SR., Texas 

SCOTT PERRY, Pennsylvania 

STEVE STOCKMAN, Texas 

RON DESANTIS, Florida 

DOUG COLLINS, Georgia 

MARK MEADOWS, North Carolina 

TED S. YOHO, Florida 

SEAN DUFFY, Wisconsin 

CURT CLAWSON, Florida 

ELIOT L. ENGEL, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

BRAD SHERMAN, California 

GREGORY W. MEEKS, New York 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

THEODORE E. DEUTCH, Florida 

BRIAN HIGGINS, New York 

KAREN BASS, California 

WILLIAM KEATING, Massachusetts 

DAVID CICILLINE, Rhode Island 

ALAN GRAYSON, Florida 

JUAN VARGAS, California 

BRADLEY S. SCHNEIDER, Illinois 

JOSEPH P. KENNEDY III, Massachusetts 

AMI BERA, California 

ALAN S. LOWENTHAL, California 

GRACE MENG, New York 

LOIS FRANKEL, Florida 

TULSI GABBARD, Hawaii 

JOAQUIN CASTRO, Texas

AMY PORTER, Chief of Staff THOMAS SHEEHY, Staff Director

JASON STEINBAUM, Democratic Staff Director 

SUBCOMMITTEE ON ASIA AND THE PACIFIC

STEVE CHABOT, Ohio, Chairman 

DANA ROHRABACHER, California 

MATT SALMON, Arizona 

MO BROOKS, Alabama 

GEORGE HOLDING, North Carolina 

SCOTT PERRY, Pennsylvania 

DOUG COLLINS, Georgia 

CURT CLAWSON, Florida 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

AMI BERA, California 

TULSI GABBARD, Hawaii 

BRAD SHERMAN, California 

GERALD E. CONNOLLY, Virginia 

WILLIAM KEATING, Massachusetts 

(III)

C O N T E N T S 

Page

MARKUP OF 

H. Res. 714, Reaffirming the peaceful and collaborative resolution of maritime 

and jurisdictional disputes in the South China Sea and the East China 

Sea as provided for by universally recognized principles of international 

law, and reaffirming the strong support of the United States Government 

for freedom of navigation and other internationally lawful uses of sea 

and airspace in the Asia-Pacific region .............................................................. 3

APPENDIX 

Markup notice .......................................................................................................... 14

Markup minutes ...................................................................................................... 15

Markup summary .................................................................................................... 16

The Honorable Gerald E. Connolly, a Representative in Congress from the 

Commonwealth of Virginia: Prepared statement .............................................. 17

(1)

REAFFIRMING THE PEACEFUL AND COLLABORATIVE RESOLUTION OF MARITIME AND JURISDICTIONAL DISPUTES IN 

THE SOUTH CHINA SEA AND THE EAST CHINA SEA AS 

PROVIDED FOR BY UNIVERSALLY RECOGNIZED PRINCIPLES OF INTERNATIONAL LAW, AND REAFFIRMING THE 

STRONG SUPPORT OF THE UNITED STATES GOVERNMENT 

FOR FREEDOM OF NAVIGATION AND OTHER INTERNATIONALLY LAWFUL USES OF SEA AND AIRSPACE IN 

THE ASIA-PACIFIC REGION 

WEDNESDAY, SEPTEMBER 17, 2014

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON ASIA AND THE PACIFIC,

COMMITTEE ON FOREIGN AFFAIRS,

Washington, DC. 

The committee met, pursuant to notice, at 2 o’clock p.m., in room 

2172 Rayburn House Office Building, Hon. Steve Chabot (chairman 

of the subcommittee) presiding. 

Mr. CHABOT. The committee will come to order. Pursuant to notice, I call up H. Res. 714, a resolution reaffirming the peaceful and 

collaborative resolution of maritime and jurisdictional disputes in 

the South China Sea and the East China Sea for purposes of markup and move its recommendation to the full committee. Without objection, the resolution is considered as read and open to amendment at any point. I will now recognize myself for the purpose of 

speaking on the resolution. 

Tensions in the South China and East China Seas have grown 

significantly over the last year. Beijing placed an oil rig in territorial waters claimed by Vietnam; China unilaterally established 

an air defense identification zone (ADIZ) over the East China Sea; 

and the Philippines filed an arbitration case against China’s assertions over waters within the Philippines’ exclusive economic zone. 

We have witnessed a dangerously aggressive China trying to assert 

greater control over these territories to change the regional status 

quo in a way that violates core principles of international law; and 

we have seen our friends and allies in the region respond in defense by doubling their military spending and building their navies. 

A dangerous pattern is emerging, but a strategy to effectively 

manage the growth of these territorial and jurisdictional tensions 

is, at least at this time, not yet clear. 

H. Res. 714, introduced by my good friend, the ranking member, 

Mr. Faleomavaega from American Samoa, reaffirms U.S. commitment to the peaceful resolutions of territorial disputes in the South 

China and East China Seas. It recognizes the need to uphold international law as a way to safeguard the rights and freedoms of all 

2

nations in the Asia-Pacific region and further emphasizes the need 

for China to act as a responsible international stakeholder that respects international law, standards, and institutions. 

I am a co-sponsor of this resolution because the U.S. must support its friends and allies in the region against China’s increasingly 

hostile behavior. We must help facilitate a collaborative process to 

resolve these disputes. There is no other issue in the Asia-Pacific 

region more worrisome than the rising tensions we are seeing as 

a result of China’s efforts to coercively change and destabilize the 

regional status quo. 

As we will discuss in the hearing following today’s markup—

which will begin very shortly after the markup concludes—relations with China deserve more attention because the list of conflicts and challenges is growing in the range of security, political, 

and economic matters as is the risk of miscalculation by our two 

nations—China and the United States. 

I support this resolution and I would like to yield to the principal 

sponsor of the legislation, Mr. Faleomavaega, for the purpose of 

making an opening statement. 

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Mr. FALEOMAVAEGA. Mr. Chairman, thank you for holding this 

markup on House Resolution 714. I thank you for your friendship, 

as well as your support of this bipartisan resolution. Again, I commend you for your leadership and taking care in following up on 

this proposal. 

I also want to thank our ranking member, our former chairman, 

Congresswoman Ros-Lehtinen, Congressman Bera, and Congressman Bordallo for co-sponsoring this important legislation. Also Resolution 714 will provide peaceful and corroborative resolution of 

maritime and jurisdictional disputes in South China and East 

China Seas as provided for by universally-recognized principles of 

international law and reaffirms the strong support of the United 

States Government for affirmative navigation and other international lawful uses of sea and air spaces in the Asia Pacific region. 

Mr. Chairman, this resolution is similar to Senate Resolution 

4102 which was passed in July of this year in response to China’s 

aggressive acts which threaten the security structure of the region. 

In May of this year, China anchored its HD-981 oil rig within the 

exclusive economic zone of Vietnam and deployed over 80 missiles 

including 7 military vessels to support its attempt to change the 

status quo by force. 

Since 2009, China has escalated tensions in the South China and 

East China Sea. China has increased oil explorations in disputed 

areas, implemented measures which attempt to change crucial regulations, cut the cables of a Vietnamese exploration ship, used guns 

to threaten Vietnamese fishing boats, warned an Indian naval vessel, rammed Japanese patrol boats, fired shots at a Filipino fishing 

boat, caned a Taiwanese fisherman, conducted military exercises in 

the South China Sea to flex its power. Added to other claimants, 

declared an air defense identification zone or ADIZ over the East 

China Sea and this is just the tip of the iceberg, Mr. Chairman. 

The Governments of Japan, Korea, the Philippines, Australia 

and Indonesia have expressed deep concern about China’s declaration of an ADIZ over the East China Sea. Such a zone violates 

international norms and accepted practices. With the successful 

passage of Senate Resolution 412, the Senate has made it very 

clear that the United States will not allow China’s announcement 

of an ADIZ to alter how the United States Government conducts 

operations in the region. 

Freedom of navigation and other lawful uses of sea and air 

spaces in the Asia Pacific region are embodied in international 

laws and not created by China or any other state to others. China 

must respect international laws governing sea and air. Left unchecked, Mr. Chairman, I believe China will continue to assert its 

way through the region and such provocative actions on the part 

of China will not bode well for the region, nor for the United 

States, especially since these are not only local or regional issues, 

but serious international issues that impact the safety in commerce 

of our global community. 

I commend the Government of Vietnam for its peaceful, but courteous stand which led to China’s withdrawal of Chinese vessel HD981 oil rig and I also appreciate the Governments of Taiwan and 

Japan for peacefully reaching agreement to jointly share fishing reVerDate 0ct 09 2002 16:35 Oct 09, 2014 Jkt 000000 PO 00000 Frm 00015 Fmt 6633 Sfmt 6633 F:\WORK\_AP\091714M\89812 SHIRL
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sources in their overlapping EEZ zones through the East China 

Sea Initiative. Resolutions can be achieved through peaceful means 

and so I sincerely hope that China and the association of Southeast 

Asia nations will develop an effective code of conduct and I ask respectfully my colleagues to support this resolution. 

Thank you, Mr. Chairman. 

Mr. CHABOT. Thank you very much, Mr. Faleomavaega and we 

thank you for your leadership on this issue. As I indicated I support the measure and would urge its passage. 

Are there any other members who seek recognition? If not, are 

there any amendments? If not, the question occurs on the motion 

to report the resolution favorably. 

All in favor say aye. 

Any opposed say nay. 

It appears that the ayes have it. And in the opinion of the Chair, 

the ayes have it and the motion is approved and the resolution is 

reported favorably. Without objection, the resolution will be reported favorably to the full committee. And that takes care——

Mr. FALEOMAVAEGA. Will the chairman yield? 

Mr. CHABOT. I would be happy to yield to the gentleman. 

Mr. FALEOMAVAEGA. I realize that members of our committee, 

other members of our committee are not here, but this is not to 

give the impression that this has not been through the approval 

process of our committee. There are other members who do support 

it, but they are not here physically. And I just want to make sure 

that for the record that the public will understand the situation. 

Mr. CHABOT. Yes, I agree with the gentleman’s statement and 

there are alot of markups going on. I am supposed to be in another 

markup which is going on right now in another committee and I 

am sure they are happening all over the place. It is probably the 

last week before the election which is about a month off and there 

is a lot of business that is trying to be wrapped up in this week. 

Mr. FALEOMAVAEGA. It is the nature of the beast. 

Mr. CHABOT. It is the nature of the beast. That is for sure. So 

at this time, the committee will stand adjourned only until we have 

an opportunity to switch over the necessary places at the desk and 

as soon as our witnesses arrive, we will get started on the hearing. 

So we are adjourned for a short period of time. 

[Whereupon, at 2:15 p.m., the subcommittee was adjourned.] 

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