I 

116TH CONGRESS 

1ST SESSION H. R. 3508 

To impose sanctions with respect to the People’s Republic of China in relation 

to activities in the South China Sea and the East China Sea, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2019 

Mr. GALLAGHER (for himself and Mr. PANETTA) introduced the following bill; 

which was referred to the Committee on Foreign Affairs, and in addition 

to the Committees on the Judiciary, Financial Services, Armed Services, 

and Transportation and Infrastructure, 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 impose sanctions with respect to the People’s Republic 

of China in relation to activities in the South China 

Sea and the East China Sea, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘South China Sea and East China Sea Sanctions Act of 

6 2019’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Policy of the United States with respect to the South China Sea and 

the East China Sea. 

Sec. 5. Sense of Congress with respect to the South China Sea and the East 

China Sea. 

Sec. 6. Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea and the East China Sea. 

Sec. 7. Determinations and report on Chinese companies active in the South 

China Sea and the East China Sea. 

Sec. 8. Prohibition against documents portraying the South China Sea or the 

East China Sea as part of China. 

Sec. 9. Prohibition on facilitating certain investments in the South China Sea 

or the East China Sea. 

Sec. 10. Department of Justice affirmation of non-recognition of annexation. 

Sec. 11. Non-recognition of Chinese sovereignty over the South China Sea or 

the East China Sea. 

Sec. 12. Prohibition on certain assistance to countries that recognize Chinese 

sovereignty over the South China Sea or the East China Sea. 

3 SEC. 2. FINDINGS. 

4 Congress makes the following findings: 

5 (1) According to the Asia-Pacific Maritime Se6 curity Strategy issued by the Department of Defense 

7 in August 2015, ‘‘Although the United States takes 

8 no position on competing sovereignty claims to land 

9 features in the region, all such claims must be based 

10 upon land (which in the case of islands means natu11 rally formed areas of land that are above water at 

12 high tide), and all maritime claims must derive from 

13 such land in accordance with international law.’’. 

14 (2) According to the annual report of the De15 partment of Defense to Congress on the military 

16 power of the People’s Republic of China submitted 


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1 in April 2016, ‘‘Throughout 2015, China continued 

2 to assert sovereignty claims over features in the 

3 East and South China Seas. In the East China Sea, 

4 China continued to use maritime law enforcement 

5 ships and aircraft to patrol near the Senkaku 

6 (Diaoyu) Islands in order to challenge Japan’s 

7 claim. In the South China Sea, China paused its 

8 land reclamation effort in the Spratly Islands in late 

9 2015 after adding more than 3,200 acres of land to 

10 the seven features it occupies in the archipelago. Al11 though these artificial islands do not provide China 

12 with any additional territorial or maritime rights 

13 within the South China Sea, China will be able to 

14 use them as persistent civil-military bases to en15 hance its long-term presence in the South China Sea 

16 significantly.’’. 

17 (3) On May 30, 2015, at the Shangri-la Dia18 logue of the International Institute for Strategic 

19 Studies, Secretary of Defense Ashton Carter stated 

20 that ‘‘with its actions in the South China Sea, China 

21 is out of step with both the international rules and 

22 norms that underscore the Asia-Pacific’s security ar23 chitecture, and the regional consensus that favors di24 plomacy and opposes coercion’’. 


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1 (4) On July 24, 2015, Admiral Harry Harris, 

2 Jr., noted at a forum in Colorado that each year 

3 more than $5,300,000,000,000 in global sea-based 

4 trade passes through the South China Sea. 

5 (5) On June 4, 2016, at the Shangri-la Dia6 logue, Secretary of Defense Ashton Carter stated: 

7 ‘‘[T]he United States will stand with regional part8 ners to uphold core principles, like freedom of navi9 gation and overflight and the peaceful resolution of 

10 disputes through legal means and in accordance with 

11 international law. As I affirmed here last year, and 

12 America’s Freedom of Navigation Operations in the 

13 South China Sea have demonstrated, the United 

14 States will continue to fly, sail and operate wherever 

15 international law allows, so that everyone in the re16 gion can do the same.’’. 

17 (6) On July 12, 2016, the Permanent Court of 

18 Arbitration’s Tribunal organized pursuant to the 

19 United Nations Convention on the Law of the Sea 

20 issued its unanimous award in the arbitration insti21 tuted by Republic of the Philippines against the Peo22 ple’s Republic of China. The Tribunal noted that its 

23 award is final and binding under that Convention. 

24 (7) Also according to the award, the Tribunal 

25 ‘‘concluded that, to the extent China had historical 


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1 rights to resources in the waters of the South China 

2 Sea, such rights were extinguished to the extent they 

3 were incompatible with the exclusive economic zones 

4 provided for in the Convention. The Tribunal con5 cluded that there was no legal basis for China to 

6 claim historic rights to resources within the sea 

7 areas falling within the ‘nine-dash line’.’’. 

8 (8) Also according to the award, the Tribunal 

9 ‘‘held that the Spratly Islands cannot generate mari10 time zones collectively as a unit. Having found that 

11 none of the features claimed by China was capable 

12 of generating an exclusive economic zone, the Tri13 bunal found that it could—without delimiting a 

14 boundary—declare that certain sea areas are within 

15 the exclusive economic zone of the Philippines, be16 cause those areas are not overlapped by any possible 

17 entitlement of China.’’. 

18 (9) Also according to the award, the Tribunal 

19 ‘‘found that China had violated the Philippines’ sov20 ereign rights in its exclusive economic zone by (a) 

21 interfering with Philippine fishing and petroleum ex22 ploration, (b) constructing artificial islands, and (c) 

23 failing to prevent Chinese fishermen from fishing in 

24 the zone. The Tribunal also held that fishermen 

25 from the Philippines (like those from China) had 


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1 traditional fishing rights at Scarborough Shoal and 

2 that China had interfered with these rights in re3 stricting access. The Tribunal further held that Chi4 nese law enforcement vessels had unlawfully created 

5 a serious risk of collision when they physically ob6 structed Philippine vessels.’’. 

7 (10) On July 12, 2016, the Ministry of Foreign 

8 Affairs of the People’s Republic of China issued a 

9 statement that China ‘‘declares that the [Tribunal] 

10 award is null and void and has no binding force. 

11 China neither accepts nor recognizes it. . . . China’s 

12 territorial sovereignty and maritime rights and inter13 ests in the South China Sea shall under no cir14 cumstances be affected by those awards. China op15 poses and will never accept any claim or action 

16 based on those awards.’’. 

17 (11) On July 12, 2016, the Government of the 

18 People’s Republic of China issued the fifth state19 ment in the name of that Government since 1979 

20 that— 

21 (A) stated that the People’s Republic of 

22 China has sovereignty over the 4 rocks and 

23 shoals in the South China Sea; 

24 (B) claims internal waters, territorial seas, 

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1 nomic zones, and a continental shelf based on 

2 that sovereignty claim; and 

3 (C) continues to claim historic rights in 

4 the South China Sea. 

5 (12) On July 12, 2016, Assistant Secretary of 

6 State and Department of State Spokesperson John 

7 Kirby noted that the ‘‘United States strongly sup8 ports the rule of law. We support efforts to resolve 

9 territorial and maritime disputes in the South China 

10 Sea peacefully, including through arbitration. . . . 

11 we urge all claimants to avoid provocative state12 ments or actions. This decision can and should serve 

13 as a new opportunity to renew efforts to address 

14 maritime disputes peacefully.’’. 

15 (13) On July 13, 2016, the Vice Foreign Min16 ister of the People’s Republic of China, Liu 

17 Zhenmin, said that declaring an air defense identi18 fication zone in the South China Sea would depend 

19 on the threat China faces and stated that ‘‘[i]f our 

20 security is threatened, we of course have the right 

21 to set it up’’. 

22 (14) On July 18, 2016, the People’s Liberation 

23 Army Air Force of the People’s Republic of China 

24 stated that it had conducted a ‘‘combat air patrol’’ 

25 over the South China Sea and that it would become 


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1 ‘‘regular practice’’ in the future. A spokesperson 

2 stated that the People’s Liberation Army Air Force 

3 ‘‘will firmly defend national sovereignty, security and 

4 maritime interests, safeguard regional peace and 

5 stability, and cope with various threats and chal6 lenges’’. 

7 (15) On August 2, 2016, the Supreme People’s 

8 Court of the People’s Republic of China issued a ju9 dicial interpretation that people caught illegally fish10 ing in Chinese waters could be jailed for up to one 

11 year. 

12 (16) In the Agreement concerning the Ryukyu 

13 Islands and the Daito Islands with Related Arrange14 ments, signed at Washington and Tokyo June 17, 

15 1971 (23 UST 446), between the United States and 

16 Japan (commonly referred to as the ‘‘Okinawa Re17 version Treaty’’), the United States agreed to apply 

18 the Treaty of Mutual Cooperation and Security, with 

19 Agreed Minute and Exchanges of Notes (11 UST 

20 1632), signed at Washington January 19, 1961, be21 tween the United States and Japan, to the area cov22 ered by the Okinawa Reversion Treaty, including the 

23 Senkaku Islands. 

24 (17) In April 2014, President Barack Obama 

25 stated, ‘‘The policy of the United States is clear— 


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1 the Senkaku Islands are administered by Japan and 

2 therefore fall within the scope of Article 5 of the 

3 U.S.-Japan Treaty of Mutual Cooperation and Secu4 rity. And we oppose any unilateral attempts to un5 dermine Japan’s administration of these islands.’’. 

6 (18) In February 2017, President Donald 

7 Trump and Japanese Prime Minister Shinzo Abe 

8 issued a joint statement that ‘‘affirmed that Article 

9 V of the U.S.-Japan Treaty of Mutual Cooperation 

10 and Security covers the Senkaku Islands’’. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY14 ABLE-THROUGH ACCOUNT.—The terms ‘‘account’’, 

15 ‘‘correspondent account’’, and ‘‘payable-through ac16 count’’ have the meanings given those terms in sec17 tion 5318A of title 31, United States Code. 

18 (2) ALIEN.—The term ‘‘alien’’ has the meaning 

19 given that term in section 101(a) of the Immigration 

20 and Nationality Act (8 U.S.C. 1101(a)). 

21 (3) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘‘appropriate congressional com23 mittees’’ means— 

24 (A) the Committee on Foreign Relations, 

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1 mittee on Banking, Housing, and Urban Af2 fairs, and the Select Committee on Intelligence 

3 of the Senate; and 

4 (B) the Committee on Foreign Affairs, the 

5 Committee on Armed Services, the Committee 

6 on Financial Services, and the Permanent Se7 lect Committee on Intelligence of the House of 

8 Representatives. 

9 (4) CHINESE PERSON.—The term ‘‘Chinese 

10 person’’ means— 

11 (A) an individual who is a citizen or na12 tional of the People’s Republic of China; or 

13 (B) an entity organized under the laws of 

14 the People’s Republic of China or otherwise 

15 subject to the jurisdiction of the Government of 

16 the People’s Republic of China. 

17 (5) FINANCIAL INSTITUTION.—The term ‘‘fi18 nancial institution’’ means a financial institution 

19 specified in subparagraph (A), (B), (C), (D), (E), 

20 (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), 

21 (Y), or (Z) of section 5312(a)(2) of title 31, United 

22 States Code. 

23 (6) FOREIGN FINANCIAL INSTITUTION.—The 

24 term ‘‘foreign financial institution’’ has the meaning 

25 given that term in section 1010.605 of title 31, Code 


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1 of Federal Regulations (or any corresponding similar 

2 regulation or ruling). 

3 (7) KNOWINGLY.—The term ‘‘knowingly’’, with 

4 respect to conduct, a circumstance, or a result, 

5 means that a person has actual knowledge, or should 

6 have known, of the conduct, the circumstance, or the 

7 result. 

8 (8) PERSON.—The term ‘‘person’’ means any 

9 individual or entity. 

10 (9) UNITED STATES PERSON.—The term 

11 ‘‘United States person’’ means— 

12 (A) a United States citizen or an alien law13 fully admitted for permanent residence to the 

14 United States; or 

15 (B) an entity organized under the laws of 

16 the United States or of any jurisdiction within 

17 the United States, including a foreign branch of 

18 such an entity. 

19 SEC. 4. POLICY OF THE UNITED STATES WITH RESPECT TO 

20 THE SOUTH CHINA SEA AND THE EAST CHINA 

21 SEA. 

22 It is the policy of the United States— 

23 (1) to support the principle that disputes be24 tween countries should be resolved peacefully con25 sistent with international law; 


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1 (2) to reaffirm its unwavering commitment and 

2 support for allies and partners in the Asia-Pacific 

3 region, including longstanding United States pol4 icy— 

5 (A) regarding Article V of the Mutual De6 fense Treaty, signed at Washington August 30, 

7 1951 (3 UST 3947), between the United States 

8 and the Philippines; and 

9 (B) that Article V of the Mutual Defense 

10 Assistance Agreement, with Annexes, signed at 

11 Tokyo March 8, 1954 (5 UST 661), between 

12 the United States and Japan, applies to the 

13 Senkaku Islands, which are administered by 

14 Japan; and 

15 (3) to support the principle of freedom of navi16 gation and overflight and to continue to use the sea 

17 and airspace wherever international law allows. 

18 SEC. 5. SENSE OF CONGRESS WITH RESPECT TO THE 

19 SOUTH CHINA SEA AND THE EAST CHINA SEA. 

20 It is the sense of Congress that— 

21 (1) the United States— 

22 (A) opposes all claims in the maritime do23 mains that impinge on the rights, freedoms, 

24 and lawful use of the seas that belong to all 

25 countries; 


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1 (B) opposes unilateral actions by the gov2 ernment of any country seeking to change the 

3 status quo in the South China Sea through the 

4 use of coercion, intimidation, or military force; 

5 (C) opposes actions by the government of 

6 any country to interfere in any way in the free 

7 use of waters and airspace in the South China 

8 Sea or East China Sea; 

9 (D) opposes actions by the government of 

10 any country to prevent any other country from 

11 exercising its sovereign rights to the resources 

12 of the exclusive economic zone and continental 

13 shelf by making claims that have no support in 

14 international law; and 

15 (E) upholds the principle that territorial 

16 and maritime claims, including with respect to 

17 territorial waters or territorial seas, must be de18 rived from land features and otherwise comport 

19 with international law; 

20 (2) the People’s Republic of China should not 

21 continue to pursue illegitimate claims and to milita22 rize an area that is essential to global security; 

23 (3) the United States should— 

24 (A) continue and expand freedom of navi25 gation operations and overflights; 


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1 (B) reconsider the traditional policy of not 

2 taking a position on individual claims; and 

3 (C) respond to provocations by the Peo4 ple’s Republic of China with commensurate ac5 tions that impose costs on any attempts to un6 dermine security in the region; 

7 (4) the Senkaku Islands are covered by Article 

8 V of the Mutual Defense Assistance Agreement, with 

9 Annexes, signed at Tokyo March 8, 1954 (5 UST 

10 661), between the United States and Japan; and 

11 (5) the United States should firmly oppose any 

12 unilateral actions by the People’s Republic of China 

13 that seek to undermine Japan’s control of the 

14 Senkaku Islands. 

15 SEC. 6. SANCTIONS WITH RESPECT TO CHINESE PERSONS 

16 RESPONSIBLE FOR CHINA’S ACTIVITIES IN 

17 THE SOUTH CHINA SEA AND THE EAST CHINA 

18 SEA. 

19 (a) INITIAL IMPOSITION OF SANCTIONS.—On and 

20 after the date that is 60 days after the date of the enact21 ment of this Act, the President shall impose the sanctions 

22 described in subsection (b) with respect to— 

23 (1) any Chinese person that contributes to con24 struction or development projects, including land 

25 reclamation, island-making, lighthouse construction, 


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1 building of base stations for mobile communications 

2 services, building of electricity and fuel supply facili3 ties, or civil infrastructure projects, in areas of the 

4 South China Sea contested by one or more members 

5 of the Association of Southeast Asian Nations; 

6 (2) any Chinese person that is responsible for 

7 or complicit in, or has engaged in, directly or indi8 rectly, actions or policies that threaten the peace, se9 curity, or stability of areas of the South China Sea 

10 contested by one or more members of the Associa11 tion of Southeast Asian Nations or areas of the East 

12 China Sea administered by Japan or the Republic of 

13 Korea, including through the use of vessels and air14 craft to impose the sovereignty of the People’s Re15 public of China in those areas; 

16 (3) any Chinese person that engages, or at17 tempts to engage, in an activity or transaction that 

18 materially contributes to, or poses a risk of materi19 ally contributing to, an activity described in para20 graph (1) or (2); and 

21 (4) any person that— 

22 (A) is owned or controlled by a person de23 scribed in paragraph (1), (2), or (3); 

24 (B) is acting for or on behalf of such a 

25 person; or 


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1 (C) provides, or attempts to provide— 

2 (i) financial, material, technological, 

3 or other support to a person described in 

4 paragraph (1), (2), or (3); or 

5 (ii) goods or services in support of an 

6 activity described in paragraph (1), (2), or 

7 (3). 

8 (b) SANCTIONS DESCRIBED.— 

9 (1) BLOCKING OF PROPERTY.—The President 

10 shall block and prohibit, in accordance with the 

11 International Emergency Economic Powers Act (50 

12 U.S.C. 1701 et seq.), all transactions in all property 

13 and interests in property of any person subject to 

14 subsection (a) if such property and interests in prop15 erty are in the United States, come within the 

16 United States, or are or come within the possession 

17 or control of a United States person. 

18 (2) EXCLUSION FROM UNITED STATES.—The 

19 Secretary of State shall deny a visa to, and the Sec20 retary of Homeland Security shall exclude from the 

21 United States, any person subject to subsection (a) 

22 that is an alien. 

23 (3) CURRENT VISA REVOKED.—The issuing 

24 consular officer, the Secretary of State, or the Sec25 retary of Homeland Security (or a designee of one 


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1 of such Secretaries) shall revoke any visa or other 

2 entry documentation issued to any person subject to 

3 subsection (a) that is an alien, regardless of when 

4 issued. The revocation shall take effect immediately 

5 and shall automatically cancel any other valid visa or 

6 entry documentation that is in the alien’s possession. 

7 (c) EXCEPTIONS; PENALTIES.— 

8 (1) INAPPLICABILITY OF NATIONAL EMER9 GENCY REQUIREMENT.—The requirements of section 

10 202 of the International Emergency Economic Pow11 ers Act (50 U.S.C. 1701) shall not apply for pur12 poses of subsection (b)(1). 

13 (2) COMPLIANCE WITH UNITED NATIONS HEAD14 QUARTERS AGREEMENT.—Paragraphs (2) and (3) of 

15 subsection (b) shall not apply if admission of an 

16 alien to the United States is necessary to permit the 

17 United States to comply with the Agreement regard18 ing the Headquarters of the United Nations, signed 

19 at Lake Success June 26, 1947, and entered into 

20 force November 21, 1947, between the United Na21 tions and the United States. 

22 (3) PENALTIES.—The penalties provided for in 

23 subsections (b) and (c) of section 206 of the Inter24 national Emergency Economic Powers Act (50 

25 U.S.C. 1705) shall apply to a person that violates, 


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1 attempts to violate, conspires to violate, or causes a 

2 violation of regulations prescribed under subsection 

3 (b)(1) to the same extent that such penalties apply 

4 to a person that commits an unlawful act described 

5 in subsection (a) of such section 206. 

6 (d) ADDITIONAL IMPOSITION OF SANCTIONS.— 

7 (1) IN GENERAL.—The President shall prohibit 

8 the opening, and prohibit or impose strict conditions 

9 on the maintaining, in the United States of a cor10 respondent account or a payable-through account by 

11 a foreign financial institution that the President de12 termines knowingly, on or after the date that is 60 

13 days after the date of the enactment of this Act, 

14 conducts or facilitates a significant financial trans15 action for a person subject to subsection (a) if the 

16 Director of National Intelligence determines that the 

17 Government of the People’s Republic of China has— 

18 (A) declared an air defense identification 

19 zone over any part of the South China Sea; 

20 (B) initiated reclamation work at another 

21 disputed location in the South China Sea, such 

22 as at Scarborough Shoal; 

23 (C) seized control of Second Thomas 

24 Shoal; 


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1 (D) deployed surface-to-air missiles to any 

2 of the artificial islands the People’s Republic of 

3 China has built in the Spratly Island chain, in4 cluding Fiery Cross, Mischief, or Subi Reefs; 

5 (E) established territorial baselines around 

6 the Spratly Island chain; 

7 (F) increased harassment of Philippine 

8 vessels; or 

9 (G) increased provocative actions against 

10 the Japanese Coast Guard or Maritime Self-De11 fense Force or United States forces in the East 

12 China Sea. 

13 (2) REPORT.— 

14 (A) IN GENERAL.—The determination of 

15 the Director of National Intelligence referred to 

16 in paragraph (1) shall be submitted in a report 

17 to the President and the appropriate congres18 sional committees. 

19 (B) FORM OF REPORT.—The report re20 quired by subparagraph (A) shall be submitted 

21 in unclassified form, but may include a classi22 fied annex. 


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1 SEC. 7. DETERMINATIONS AND REPORT ON CHINESE COM2 PANIES ACTIVE IN THE SOUTH CHINA SEA 

3 AND THE EAST CHINA SEA. 

4 (a) IN GENERAL.—The Secretary of State shall sub5 mit to the appropriate congressional committees a report 

6 that identifies each Chinese person the Secretary deter7 mines is engaged in the activities described in section 6(a). 

8 (b) CONSIDERATION.—In preparing the report re9 quired under subsection (a), the Secretary shall make spe10 cific findings with respect to whether each of the following 

11 persons is involved in the activities described in section 

12 6(a): 

13 (1) CCCC Tianjin Dredging Co., Ltd. 

14 (2) CCCC Dredging (Group) Company, Ltd. 

15 (3) China Communications Construction Com16 pany (CCCC), Ltd. 

17 (4) China Petroleum Corporation (Sinopec 

18 Group). 

19 (5) China Mobile. 

20 (6) China Telecom. 

21 (7) China Southern Power Grid. 

22 (8) CNFC Guangzhou Harbor Engineering 

23 Company. 

24 (9) Zhanjiang South Project Construction Bu25 reau. 

26 (10) Hubei Jiangtian Construction Group. 


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1 (11) China Harbour Engineering Company 

2 (CHEC). 

3 (12) Guangdong Navigation Group (GNG) 

4 Ocean Shipping. 

5 (13) Shanghai Leading Energy Shipping. 

6 (14) China National Offshore Oil Corporation 

7 (CNOOC). 

8 (15) China Oilfield Services Limited (COSL). 

9 (16) China Precision Machinery Import/Export 

10 Corporation (CPMIEC). 

11 (17) China Aerospace Science and Industry 

12 Corporation (CASIC). 

13 (18) Aviation Industry Corporation of China 

14 (AVIC). 

15 (19) Shenyang Aircraft Corporation. 

16 (20) Shaanxi Aircraft Corporation. 

17 (21) China Ocean Shipping (Group) Company 

18 (COSCO). 

19 (22) China Southern Airlines. 

20 (23) Zhan Chaoying. 

21 (24) Sany Group. 

22 (25) Chinese persons affiliated with any of the 

23 entities specified in paragraphs (1) through (24). 

24 (c) SUBMISSION AND FORM.— 


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1 (1) SUBMISSION.—The report required by sub2 section (a) shall be submitted not later than 60 days 

3 after the date of the enactment of this Act and every 

4 180 days thereafter until the date that is 3 years 

5 after such date of enactment. 

6 (2) FORM.—The report required by subsection 

7 (a) shall be submitted in unclassified form, but may 

8 include a classified annex if the Secretary deter9 mines it is necessary for the national security inter10 ests of the United States to do so. 

11 (3) PUBLIC AVAILABILITY.—The Secretary 

12 shall publish the unclassified part of the report re13 quired by subsection (a) on a publicly available 

14 website of the Department of State. 

15 SEC. 8. PROHIBITION AGAINST DOCUMENTS PORTRAYING 

16 THE SOUTH CHINA SEA OR THE EAST CHINA 

17 SEA AS PART OF CHINA. 

18 The Government Publishing Office may not publish 

19 any map, document, record, electronic resource, or other 

20 paper of the United States (other than materials relating 

21 to hearings held by committees of Congress or internal 

22 work product of a Federal agency) portraying or otherwise 

23 indicating that it is the position of the United States that 

24 the territory or airspace in the South China Sea contested 

25 by one or more members of the Association of Southeast 


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1 Asian Nations or the territory or airspace of areas of the 

2 East China Sea administered by Japan or the Republic 

3 of Korea is part of the territory or airspace of the People’s 

4 Republic of China. 

5 SEC. 9. PROHIBITION ON FACILITATING CERTAIN INVEST6 MENTS IN THE SOUTH CHINA SEA OR THE 

7 EAST CHINA SEA. 

8 (a) IN GENERAL.—No United States person may 

9 take any action to approve, facilitate, finance, or guar10 antee any investment, provide insurance, or underwriting 

11 in the South China Sea or the East China Sea that in12 volves any person with respect to which sanctions are im13 posed under section 6(a). 

14 (b) ENFORCEMENT.—The Secretary of the Treasury, 

15 in consultation with the Secretary of State, is authorized 

16 to take such actions, including the promulgation of such 

17 rules and regulations, as may be necessary to carry out 

18 the purposes of this section. 

19 (c) PENALTIES.—The penalties provided for in sub20 sections (b) and (c) of section 206 of the International 

21 Emergency Economic Powers Act (50 U.S.C. 1705) shall 

22 apply to a person that violates, attempts to violate, con23 spires to violate, or causes a violation of regulations pre24 scribed under this section to the same extent that such 


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1 penalties apply to a person that commits an unlawful act 

2 described in subsection (a) of such section 206. 

3 (d) EXCEPTION.—Subsection (a) shall not apply with 

4 respect to humanitarian assistance, disaster assistance, or 

5 emergency food assistance. 

6 SEC. 10. DEPARTMENT OF JUSTICE AFFIRMATION OF NON7 RECOGNITION OF ANNEXATION. 

8 In any matter before any United States court, upon 

9 request of the court or any party to the matter, the Attor10 ney General shall affirm the United States policy of not 

11 recognizing the de jure or de facto sovereignty of the Peo12 ple’s Republic of China over territory or airspace contested 

13 by one or more members of the Association of Southeast 

14 Asian Nations in the South China Sea or the territory or 

15 airspace of areas of the East China Sea administered by 

16 Japan or the Republic of Korea. 

17 SEC. 11. NON-RECOGNITION OF CHINESE SOVEREIGNTY 

18 OVER THE SOUTH CHINA SEA OR THE EAST 

19 CHINA SEA. 

20 (a) UNITED STATES ARMED FORCES.—The Sec21 retary of Defense may not take any action, including any 

22 movement of aircraft or vessels that implies recognition 

23 of the sovereignty of the People’s Republic of China over 

24 territory or airspace contested by one or more members 

25 of the Association of Southeast Asian Nations in the 


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1 South China Sea or the territory or airspace of areas of 

2 the East China Sea administered by Japan or the Repub3 lic of Korea. 

4 (b) UNITED STATES FLAGGED VESSELS.—No vessel 

5 that is issued a certificate of documentation under chapter 

6 121 of title 46, United States Code, may take any action 

7 that implies recognition of the sovereignty of the People’s 

8 Republic of China over territory or airspace contested by 

9 one or more members of the Association of Southeast 

10 Asian Nations in the South China Sea or the territory or 

11 airspace of areas of the East China Sea administered by 

12 Japan or the Republic of Korea. 

13 (c) UNITED STATES AIRCRAFT.—No aircraft oper14 ated by an air carrier that holds an air carrier certificate 

15 issued under chapter 411 of title 49, United States Code, 

16 may take any action that implies recognition of the sov17 ereignty of the People’s Republic of China over territory 

18 or airspace contested by one or more members of the Asso19 ciation of Southeast Asian Nations in the South China Sea 

20 or the territory or airspace of areas of the East China 

21 Sea administered by Japan or the Republic of Korea. 


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•HR 3508 IH

1 SEC. 12. PROHIBITION ON CERTAIN ASSISTANCE TO COUN2 TRIES THAT RECOGNIZE CHINESE SOV3 EREIGNTY OVER THE SOUTH CHINA SEA OR 

4 THE EAST CHINA SEA. 

5 (a) PROHIBITION.—Except as provided by subsection 

6 (c) or (d), no amounts may be obligated or expended to 

7 provide foreign assistance to the government of any coun8 try identified in a report required by subsection (b). 

9 (b) REPORT REQUIRED.— 

10 (1) IN GENERAL.—Not later than 60 days after 

11 the date of the enactment of this Act, and every 180 

12 days thereafter until the date that is 3 years after 

13 such date of enactment, the Secretary of State shall 

14 submit to the appropriate congressional committees 

15 a report identifying each country that the Secretary 

16 determines recognizes, after such date of enactment, 

17 the sovereignty of the People’s Republic of China 

18 over territory or airspace contested by one or more 

19 members of the Association of Southeast Asian Na20 tions in the South China Sea or the territory or air21 space of areas of the East China Sea administered 

22 by Japan or the Republic of Korea. 

23 (2) FORM.—The report required by paragraph 

24 (1) shall be submitted in unclassified form, but may 

25 include a classified annex if the Secretary of State 


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1 determines it is necessary for the national security 

2 interests of the United States to do so. 

3 (3) PUBLIC AVAILABILITY.—The Secretary of 

4 State shall publish the unclassified part of the report 

5 required by paragraph (1) on a publicly available 

6 website of the Department of State. 

7 (c) EXCEPTION.—This section shall not apply with 

8 respect to Taiwan, humanitarian assistance, disaster as9 sistance, emergency food assistance, or the Peace Corps. 

10 (d) WAIVER.—The President may waive the applica11 tion of subsection (a) with respect to the government of 

12 a country if the President determines that the waiver is 

13 in the national interests of the United States. 

Æ 


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