I 
112TH CONGRESS 
2D SESSION 
H. R. 6313 
To promote peaceful and collaborative resolution of maritime territorial dis-
putes in the South China Sea and its environs and other maritime 
areas adjacent to the East Asian mainland. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 2, 2012 
Mr. FALEOMAVAEGA (for himself and Ms. ROS-LEHTINEN) introduced the fol-
lowing bill; which was referred to the Committee on Foreign Affairs, and 
in addition to the Committee on Armed Services, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To promote peaceful and collaborative resolution of maritime 
territorial disputes in the South China Sea and its envi-
rons and other maritime areas adjacent to the East 
Asian mainland. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress finds the following: 
(1) The South China Sea contains vital com-
mercial shipping lanes and points of access between 
the Indian Ocean and Pacific Ocean and provides a 
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maritime lifeline to Taiwan, Japan, and the Korean 
peninsula. 
(2) 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. 
(3) In 2009, the Government of the People’s 
Republic of China introduced the 9-dotted line (also 
known as the Cow Tongue line) to officially claim 
most of the 648,000 square miles of the South 
China Sea, more than any other nation involved in 
these territorial disputes. 
(4) Although not a party to these disputes, the 
United States has a national economic and security 
interest in maintaining peace, stability and pros-
perity in East Asia and ensuring that no party 
threatens or uses force unilaterally to assert mari-
time territorial claims in East Asia, including in the 
South China Sea, the East China Sea, or the Yellow 
Sea. 
(5) The Association of Southeast Asian Nations 
(ASEAN) has promoted multilateral talks in dis-
puted areas without settling the issue of sovereignty. 
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(6) In 2002, ASEAN and China signed a Dec-
laration on the Conduct of Parties in the South 
China Sea. 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 pro-
vided for by the universally recognized principles of 
international law’’, and to ‘‘resolve their territorial 
and jurisdictional disputes by peaceful means, with-
out resorting to the threat or use of force’’. Yet, 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. 
(7) The Government of the People’s Republic of 
China deliberately heightened these tensions by mak-
ing 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 encour-
aging anti-Japanese demonstrations in Chinese cit-
ies. 
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(8) On February 25, 2011, a frigate from Chi-
na’s navy fired shots at 3 fishing boats from the 
Philippines. 
(9) On March 2, 2011, the Government of the 
Philippines reported that two patrol boats from 
China attempted to ram one of its surveillance ships. 
(10) On May 26, 2011, a maritime security ves-
sel 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. 
(11) On May 31, 2011, three Chinese military 
vessels used guns to threaten the crews of four Viet-
namese fishing boats while they were fishing in the 
waters of the Truong Sa (Spratly) archipelago. 
(12) On June 3, 2011, Vietnam’s Foreign Min-
istry released a statement that ‘‘Vietnam is reso-
lutely 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).’’. 
(13) On June 9, 2011, three vessels from 
China, including one fishing vessel and two maritime 
security vessels, ran into and disabled the cables of 
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another exploration ship from Vietnam, the Viking 
2, in the exclusive economic zone of Vietnam. 
(14) 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. 
(15) On June 25, 2011, Chinese Peoples’ Lib-
eration 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 Viet-
nam continues to act tough, play with the knife, 
sooner or later it will get cut.’’. 
(16) On June 26, 2011, the Chinese news agen-
cy Xinhua announced that China and Vietnam had 
agreed to hold talks on how to resolve conflicts aris-
ing 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 for-
eign affairs, and Vietnamese Vice Foreign Minister 
and Special Envoy Ho Xuan Son. 
(17) It was reported, on June 17, 2011, that 
the Philippines removed a string of wooden markers 
that Manila determined was placed by China in dis-
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puted areas of the South China Sea amid growing 
regional tensions. 
(18) On June 23, 2011, Secretary of State Hil-
lary Rodham Clinton told visiting Philippines For-
eign Secretary Albert del Rosario that ‘‘We are de-
termined and committed to supporting the defense 
of the Philippines.’’. 
(19) 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’’. 
(20) The United States, on June 23, 2011, 
stated that it was ready to provide hardware to mod-
ernize the military of the Philippines. 
(21) 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. 
(22) On June 17, 2011, China dispatched one 
of its largest patrol ships, the Haixun 31, on a voy-
age through disputed areas of the South China Sea 
in a deliberate show of force en route to a port of 
call in Singapore. 
(23) China’s official media stated that the sail-
ing route of the Haixun 31 in the South China Sea 
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was determined to protect its ‘‘rights and sov-
ereignty’’. 
(24) 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’’. 
(25) Singapore further urged China to clarify 
its claims in the South China Sea with more preci-
sion as the current ambiguity as to their extent has 
caused serious concerns in the international mari-
time community. 
(26) The actions of the Government of the Peo-
ple’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 sub-
marine with the sonar cable of the USS John 
McCain in June 2009. 
(27) In July 2010, People’s Daily, the official 
newspaper of the Chinese Communist Party, re-
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ported that General Ma Xiaotian, deputy chief of the 
general staff of the People’s Liberation Army, said 
that China ‘‘strongly opposed’’ combined naval exer-
cises to be conducted in the West (Yellow) Sea by 
the United States and the Republic of Korea. 
(28) 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 re-
sulted in 46 deaths. 
(29) These exercises were to include participa-
tion by the USS George Washington aircraft carrier 
group. 
(30) In July 2010, Chinese Major General Luo 
Yuan, a researcher at the Chinese Academy of Mili-
tary 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’’. 
(31) On July 23, 2010, Secretary of State Hil-
lary Rodham Clinton stated at the Association of 
Southeast Asian Nations Regional Forum that ‘‘the 
United States, like every nation, has a national in-
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terest in freedom of navigation, open access to 
Asia’s maritime commons, and respect for inter-
national law in the South China Sea’’. 
(32) 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 dis-
putes without coercion.’’. 
(33) On October 12, 2010, former Secretary of 
Defense Robert Gates stated at the ASEAN Defense 
Ministers Meeting-Plus, ‘‘The U.S. position on mari-
time security remains clear: we have a national in-
terest in freedom of navigation; in unimpeded eco-
nomic development and commerce; and in respect for 
international law.’’. 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.’’. 
(34) On June 4, 2011, at the Shangri-La Dia-
logue in Singapore, former Secretary Gates stated 
that ‘‘maritime security remains an issue of par-
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ticular 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’’. 
(35) On June 5, 2011, at the Shangri-La Dia-
logue, Liang Guanglie, the Defense Minister from 
China, said, ‘‘China is committed to maintaining 
peace and stability in the South China Sea.’’. 
(36) On June 14, 2011, Hong Lei, the spokes-
man 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.’’. 
(37) On June 22, 2011, Chinese Vice Foreign 
Minister Cui Tiankai told reporters, in reference to 
the South China Sea disputes, that ‘‘I believe the in-
dividual countries are actually playing with fire, and 
I hope the fire will not be drawn to the United 
States.’’. 
(38) On June 29, 2011, the Defense Ministry 
of the People’s Republic of China stated that ‘‘Re-
cent drills by the Chinese navy are routine and not 
connected to the situation in the South China Sea’’, 
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further calling for people to view the exercises in a 
‘‘rational’’ way. 
(39) On April 8, 2012, a Philippine plane spot-
ted eight Chinese fishing boats in the vicinity of the 
Scarborough Shoal, which both countries claim. 
(40) A Philippine coast guard cutter and two 
Chinese maritime surveillance craft began a tense 
10-day standoff, with the Philippine vessel, citing 
the upcoming typhoon season, withdrawing but the 
Chinese ships remained in the area. Moreover, China 
constructed barriers to prevent Philippine vessels 
from entering the Scarborough Shoal where it was 
reported that Chinese flags were raised. 
(41) A Chinese foreign ministry spokesman 
condemned a long-planned joint military exercise be-
tween the U.S. and the Philippines in April, saying 
‘‘The major trend of the times in this region is peace 
and development. Military exercise does not rep-
resent the major call of the times.’’. 
(42) In June of 2012, Vietnam passed a law 
claiming sovereignty over the Paracel and Spratly 
Islands and called for mutual respect for inter-
national law. 
(43) China quickly criticized the law, with a 
foreign ministry statement calling it a ‘‘serious viola-
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tion of China’s territorial sovereignty’’ and that 
China expressed its ‘‘resolute and vehement opposi-
tion’’. 
(44) In June of 2012, China’s cabinet, the 
State Council, approved the establishment of a pre-
fecture-level government in the city of Sansha to 
oversee the areas claimed by China in the South 
China Sea. 
(45) On June 23, 2012, the China National 
Offshore Oil Corporation invited bids for oil explo-
ration in areas within 200 nautical miles of the con-
tinental shelf and exclusive economic zone of Viet-
nam. 
(46) On June 28, 2012, the Chinese Defense 
Ministry announced that military authorities were 
considering establishing a military presence in the 
prefecture capitol of Sansha. 
(47) Also on June 28, Chinese military press 
spokesman Senior Colonel Geng Yansheng an-
nounced that the PLA had begun ‘‘regular, combat- 
ready patrols’’ in the South China Sea. 
(48) On July 11, 2012, Chinese patrol ships 
were spotted near the disputed Senkaku (Diaoyutai) 
Islands in the East China Sea. 
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(49) When the Japanese coast guard told the 
Chinese ships to leave, the crew told them, ‘‘We are 
conducting official duty in Chinese waters. Do not 
interfere. Leave China’s territorial waters.’’. 
(50) Japan’s Vice Foreign Minister Kenichrio 
Sasae called the exchange ‘‘extremely serious’’ and 
‘‘unacceptable,’’ and a government spokesperson was 
quoted as saying, ‘‘It is clear that historically and le-
gally Senkaku is an inherent territory of Japan.’’. 
(51) At the July 2012 ASEAN Regional Forum 
(ARF), Secretary Clinton said, ‘‘We believe the na-
tions of the region should work collaboratively and 
diplomatically to resolve disputes without coercion, 
without intimidation, without threats, and without 
the use of force.’’. 
(52) Although ASEAN has agreed on the ele-
ments of the Code of Conduct (COC), China stated 
that it would enter negotiations with ASEAN on the 
COC ‘‘when the time is ripe’’. 
(53) A day following the conclusion of the ARF 
meeting on July 14, 2012, a Chinese naval warship 
ran aground while on patrol about 60 miles from the 
province of Palawan in the Philippines on Half 
Moon Shoal in the disputed Spratlys. 
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(54) While the grounded warship was in the 
process of removing itself from the Half Moon Shoal 
a day later, Xinhua announced that 30 Chinese fish-
ing boats, guarded by an official government ship, 
had set sail for the South China Sea. 
(55) On July 19, 2012, the Chinese Central 
Military Commission approved the establishment of 
the ‘‘military defense and watch zone of Sansha’’ at 
the division level. 
(56) On July 26, 2012, China then appointed 
a Chief Commander and a Political Commissar of 
‘‘the military defense and watch zone of Sansha’’. 
(57) On July 23, 2012, Philippine President 
Benigno Aquino III announced in his state of the 
nation address that the Philippines had purchased 
more than 40 military aircraft, including attack heli-
copters and two refurbished C–130 cargo planes, as 
well as a second former U.S. Coast Guard cutter. 
(58) In the nationally televised address before 
Congress, President Aquino stressed that he would 
not back down to Chinese pressure, saying ‘‘I do not 
think it excessive to ask that our rights be respected, 
just as we respect their rights as a fellow nation in 
a world we need to share.’’. 
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(59) A day earlier, on July 22, China’s Central 
Military Commission approved the deployment of a 
garrison of soldiers to guard Chinese claims in the 
Spratlys, the Paracels and the Macclesfield Bank. 
(60) On July 24, 2012, China declared a new 
municipality on Yongxing, or Woody Island, where 
the previously announced military garrison will be 
stationed. 
(61) A State Department spokeswoman said 
that the United States is concerned about such ‘‘uni-
lateral moves’’ and wants to see ‘‘all of these issues 
resolved at the table’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that, in light of the con-
gressional finding described in section 1, the Secretary of 
State should— 
(1) reaffirm the strong support of the United 
States for the peaceful resolution of maritime terri-
torial disputes in the South China Sea, the Taiwan 
Strait, the East China Sea, and the Yellow Sea and 
pledge continued efforts to facilitate a collaborative, 
peaceful proves to resolve these disputes; 
(2) condemn the use of threat or force by naval, 
maritime security, and fishing vessels from China in 
the South China Sea and the East China Sea as well 
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as the use of force by China’s North Korean ally in 
the Yellow Sea; 
(3) note that overt threats and gun boat diplo-
macy are not constructive means for settling these 
outstanding maritime disputes; 
(4) call on all parties to these territorial dis-
putes to refrain from threatening force or using 
force to assert territorial claims; 
(5) welcome the diplomatic efforts of Associa-
tion of Southeast Asian Nations (ASEAN) and the 
United States allies and partners in Taiwan, Japan, 
and the Republic of Korea to amiably and fairly re-
solve these outstanding disputes; and 
(6) support the continuation of operations by 
the United States Armed Forces in support of free-
dom 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. 
Æ 
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