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Title II — Matters relating to foreign nations

H.R. 4495 · 113th Congress · Apr 28, 2014 · Lineage

II Matters relating to foreign nations

Sec. 201 Statement of policy on maritime disputes in the Asia-Pacific region

(a)
Findings— Congress finds the following:
(1)
The United States has a national interest in maintaining freedom of navigation, freedom of the seas, respect for international law, and unimpeded lawful commerce, including in the East China and South China Seas.
(2)
There has been an unprecedented increase in aggressive actions by the Government of the People’s Republic of China in the East China Sea, to include—
(A)
dangerous activities by Chinese maritime agencies in areas near the Senkaku islands, including the intrusion of between 6 and 25 Chinese ships into Japanese administered territory in the East China Sea each month since September 2012, between 26 and 124 ships into the “contiguous zone” in the same time period, and 9 ships into Japanese administered territory and 33 ships into the contiguous zone in February 2014; and
(B)
a unilateral declaration on November 23, 2013, without prior consultations with the United States, Japan, the Republic of Korea, or other nations of the Asia-Pacific region, of an Air Defense Identification Zone (ADIZ) in the East China Sea.
(3)
In recent years, there have also been numerous dangerous and destabilizing incidents in the South China Sea, specifically in waters near the coasts of the Philippines, the People’s Republic of China, Malaysia, and Vietnam, where the use of coercion, intimidation, and military force by claimants seeking to change the status quo have raised tensions in the region. Such unilateral actions include—
(A)
continued restrictions on access to Scarborough Reef and pressure on long-standing Philippine presence at the Second Thomas Shoal by the People’s Republic of China;
(B)
establishing hydrocarbon blocks up for bid in areas that are under dispute;
(C)
announcing administrative and military districts in contested areas in the South China Sea; and
(D)
imposing new fishing regulations covering disputed areas.
(4)
On December 5, 2013, the USS Cowpens was lawfully operating in international waters in the South China Sea when a People’s Liberation Army Navy vessel crossed its bow at a distance of less than 500 yards and stopped in the water, forcing the USS Cowpens to take evasive action to avoid a collision. Such action appears contrary to the international legal obligations of the People’s Republic of China under International Regulations for Preventing Collisions at Sea (COLREGs).
(5)
The increasing frequency and assertiveness of patrols and competing regulations over disputed territory and maritime areas and airspace in the South China Sea and the East China Sea are raising tensions and increasing the risk of miscalculation and confrontation.
(6)
The Association of Southeast Asian Nations (ASEAN) has promoted multilateral talks on disputed areas without settling the issue of sovereignty, and in 2002 joined with the People’s Republic of China in signing a Declaration on the Conduct of Parties in the South China Sea that 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”.
(7)
The United States Government has a clear interest in the peaceful diplomatic resolution of disputed maritime claims in accordance with international law and is firmly opposed to coercion, intimidation, threats, or the use of force.
(b)
Statement of policy— The United States—
(1)
reaffirms its unwavering commitment and support for allies and partners in the Asia-Pacific region, and for the longstanding United States policy that Article V of the United States-Japan Mutual Defense Treaty applies to the Japanese-administered Senkaku Islands;
(2)
opposes claims that impinge on the rights, freedoms, and lawful use of the sea that belong to all nations and urges all parties to refrain from engaging in destabilizing activities, including illegal occupation or efforts to unlawfully assert administration over disputed claims;
(3)
supports the development of regional institutions and bodies, including the Association of Southeast Asian Nations (ASEAN) Regional Forum, the ASEAN Defense Minister’s Meeting Plus, the East Asia Summit, and the expanded ASEAN Maritime Forum, to increase regional cooperation and ensure that disputes are managed without intimidation, coercion, or force; and
(4)
continues United States military operations in, and transit through, international waters and airspace in the Asia-Pacific region, in accordance with established principles and practices of international law.

Sec. 202 Sense of Congress reaffirming security commitment to Japan

It is the sense of Congress that—
(1)
the United States highly values its alliance with the Government of Japan as a cornerstone of peace and security in the region, based on shared values of democracy, the rule of law, free and open markets, and respect for human rights in order to promote peace, security, stability, and economic prosperity in the Asia-Pacific region;
(2)
the United States welcomes Japan’s determination to contribute more proactively to regional and global peace and security;
(3)
the United States supports recent increases in Japanese defense funding, adoption of a National Security Strategy, formation of security institutions such as the Japanese National Security Council, re-examination of the legal basis for its security including the matter of exercising its right of collective self-defense and other moves that will enable Japan to bear even greater alliance responsibilities;
(4)
the United States and Japan should continue to improve joint interoperability and collaborate on developing future capabilities with which to maintain regional stability in an increasingly uncertain security environment;
(5)
the United States and Japan should continue efforts to strengthen regional multilateral institutions that promote economic and security cooperation based on internationally accepted rules and norms;
(6)
the United States acknowledges that the Senkaku Islands are under the administration of Japan and opposes any unilateral actions that would seek to undermine such administration, affirms that unilateral actions of a third party will not affect the United States acknowledgment of the administration of Japan over the Senkaku Islands, and remains committed under the Treaty of Mutual Cooperation and Security to respond to any armed attack in the territories under the administration of Japan; and
(7)
the United States reaffirms its commitment to the Government of Japan under Article V of the Treaty of Mutual Cooperation and Security that “[e]ach Party recognizes that an armed attack against either Party in the territories under the administration of Japan would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional provisions and processes”.

Sec. 203 Report on opportunities to strengthen relationship between the United States and the Republic of Korea

(a)
Sense of Congress— It is the sense of Congress that—
(1)
the United States and the Republic of Korea have forged a strong security alliance over the last 60 years;
(2)
the alliance has been strengthened in joint missions to fight the global war on terror and has been further bolstered through a continuous trend of meaningful sales of United States military hardware to Korea;
(3)
the relationship between the two countries was further solidified in 2011 through the United States–Korea Free Trade Agreement which has led to growth in trade of goods and services; and
(4)
additional opportunities should be identified to ensure that this relationship continues to grow in the long term and more closely reflects United States relationships with other free trade agreement partner countries.
(b)
Report required— Not later than October 1, 2014, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives, a report on opportunities to further strengthen the relationship between the United States and the Republic of Korea with an emphasis on matters relating to security and trade.

Sec. 204 Maritime capabilities of Taiwan and its contribution to regional peace and stability

(a)
Report required— Not later than April 1, 2016, the Secretary of Defense shall, in consultation with the Chairman of the Joint Chiefs of Staff, submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on—
(1)
the maritime balance of forces between the People’s Republic of China and Taiwan; and
(2)
the posture and readiness of the navy of Taiwan to respond to an attack or other contingency against the territory of Taiwan.
(b)
Elements— The report under subsection (a) shall include the following:
(1)
A description and assessment of the posture and readiness of elements of the Chinese People’s Liberation Army expected or available to threaten the maritime or territorial security of Taiwan, including an assessment of—
(A)
the undersea and surface warfare capabilities of the People’s Liberation Army Navy in the littoral areas in and around the Taiwan Strait;
(B)
the amphibious and heavy sealift capabilities of the People’s Liberation Army Navy;
(C)
the capabilities of the People’s Liberation Army Air Force to establish air dominance over Taiwan; and
(D)
the capabilities of the People’s Liberation Army Second Artillery Corps to suppress or destroy the forces of Taiwan necessary to defend the security of Taiwan.
(2)
A description and assessment of the posture and readiness of elements of the armed forces of Taiwan expected or available to maintain the maritime or territorial security of Taiwan, including an assessment of—
(A)
the undersea and surface warfare capabilities of the navy of Taiwan;
(B)
the land-based anti-ship cruise missile capabilities of Taiwan; and
(C)
other anti-access or area-denial capabilities, such as mines, that contribute to the deterrence of Taiwan against actions taken to determine the future of Taiwan by other than peaceful means.
(c)
Form— The report required by subsection (a) may be submitted in classified or unclassified form.
(d)
Sense of congress— It is the sense of Congress that—
(1)
the United States, in accordance with the Taiwan Relations Act (Public Law 96–8), should continue to make available to Taiwan such defense articles and services as may be necessary to enable Taiwan to maintain a sufficient self-defense capability;
(2)
the growth and modernization of the People’s Liberation Army, including its focus on “preparing for potential conflict in the Taiwan Strait [which] appears to remain the principal focus and primary driver of China’s military investment”, as noted in the 2013 Office of the Secretary of Defense Annual Report to Congress: Military and Security Developments Involving the People’s Republic of China, requires greater attention to the needed defense capabilities of Taiwan; and
(3)
the United States should consider opportunities to help enhance the maritime capabilities and nautical skills of the Taiwanese navy that can contribute to Taiwan’s self-defense and to regional peace and stability, in areas such as humanitarian assistance and disaster relief operations, including extending an invitation to Taiwan to participate in the 2014 Rim of the Pacific international maritime exercise.

Sec. 205 Modifications to annual report on military and security developments involving the People’s Republic of China

(a)
Matters To be included— Subsection (b) of section 1202 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 781; 10 U.S.C. 113 note) is amended—
(1)
by redesignating paragraphs (10) through (20) as paragraphs (11) through (21), respectively; and
(2)
by inserting after paragraph (9) the following:

“(10) The developments in maritime law enforcement capabilities and organization of the People’s Republic of China, focusing on activities in contested maritime areas in the South China Sea and East China Sea. Such analyses shall include an assessment of the nature of China’s maritime law enforcement activities directed against United States allies and partners. Such maritime activities shall include activities originating or suspect of originating from China and shall include government and nongovernment activities that are believed to be sanctioned or supported by the Chinese government.”

(b)
Effective Date— The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to reports required to be submitted under subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2000, as so amended, on or after that date.