Sec. 30226. Statement of policy on maritime freedom of operations in international waterways and airspace of the Indo-Pacific and on artificial land features in the South China Sea
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/bill/117/hr/4521/pcs/section-30226A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress— condemns coercive and threatening actions or the use of force to impede freedom of navigation operations in international airspace by military or civilian aircraft, to alter the status quo, or to destabilize the Indo-Pacific region; urges the Government of the People’s Republic of China to refrain from implementing the declared East China Sea Air Defense Identification Zone (ADIZ), or an ADIZ in the South China Sea, where contrary to freedom of overflight in international airspace, and to refrain from taking similar provocative actions elsewhere in the Indo-Pacific region; reaffirms that the 2016 Permanent Court of Arbitration decision is final and legally binding on both parties and that the People’s Republic of China’s claims to offshore resources across most of the South China Sea are unlawful; and condemns the People’s Republic of China for failing to abide by the 2016 Permanent Court of Arbitration ruling, despite the PRC’s obligations as a state party to the United Nations Convention on the Law of the Sea.
It shall be the policy of the United States to— reaffirm its commitment and support for allies and partners in the Indo-Pacific region, including with respect to the mutual defense treaties with Indo-Pacific allies; oppose claims that impinge on the rights, freedoms, and lawful use of the sea, or the airspace above it, that are available to all countries, and oppose the militarization of new and reclaimed land features in the South China Sea; continue certain policies with respect to the PRC claims in the South China Sea, specifically— that PRC claims in the South China Sea, including to offshore resources across most of the South China Sea, are unlawful; that the PRC cannot lawfully assert a maritime claim vis-à-vis the Philippines in areas that the Permanent Court of Arbitration found to be in the Philippines’ Exclusive Economic Zone
(EEZ)or on its continental shelf; to reject any PRC claim to waters beyond a 12 nautical mile territorial sea derived from islands it claims in the Spratly Islands; and that the PRC has no lawful territorial or maritime claim to James Shoal; urge all parties to refrain from engaging in destabilizing activities, including environmentally harmful and provocative land reclamation; ensure that disputes are managed without intimidation, coercion, or force; call on all claimants to clarify or adjust claims in accordance with international law; uphold the principle that territorial and maritime claims, including territorial waters or territorial seas, must derive from land features and otherwise comport with international law; oppose the imposition of new fishing regulations covering disputed areas in the South China Sea, regulations which have raised tensions in the region; support an effective Code of Conduct, if that Code of Conduct reflects the interests of Southeast Asian claimant countries and does not serve as a vehicle for the People’s Republic of China to advance its unlawful maritime claims; reaffirm that an existing body of international rules and guidelines, including the International Regulations for Preventing Collisions at Sea, done at London October 12, 1972 (COLREGs), is sufficient to ensure the safety of navigation between the United States Armed Forces and the forces of other countries, including the People’s Republic of China; support the development of regional institutions and bodies, including the ASEAN Regional Forum, the ASEAN Defense Minister’s Meeting Plus, the East Asia Summit, and the expanded ASEAN Maritime Forum, to build practical cooperation in the region and reinforce the role of international law; encourage the deepening of partnerships with other countries in the region for maritime domain awareness and capacity building, as well as efforts by the United States Government to explore the development of appropriate multilateral mechanisms for a common operating picture in the South China Sea among Southeast Asian countries that would serve to help countries avoid destabilizing behavior and deter risky and dangerous activities; oppose actions by any country to prevent any other country from exercising its sovereign rights to the resources of the exclusive economic zone
(EEZ)and continental shelf by making claims to those areas in the South China Sea that have no support in international law; and assure the continuity of operations by the United States in the Indo-Pacific region, including, when appropriate, in cooperation with partners and allies, to reaffirm freedom of navigation and overflight and other lawful uses of the sea.