[Pages S3618-S3621]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2603. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed to the bill H.R. 5515, to authorize 
appropriations for fiscal year 2019 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XII, add the following:

  Subtitle H--South China Sea and East China Sea Sanctions Act of 2018

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``South China Sea and 
     East China Sea Sanctions Act of 2018''.

     SEC. 1282. FINDINGS.

       Congress makes the following findings:
       (1) According to the Asia-Pacific Maritime Security 
     Strategy issued by the Department of Defense in August 2015, 
     ``Although the United States takes no position on competing 
     sovereignty claims to land features in the region, all such 
     claims must be based upon land (which in the case of islands 
     means naturally formed areas of land that are above water at 
     high tide), and all maritime claims must derive from such 
     land in accordance with international law.''.
       (2) According to the annual report of the Department of 
     Defense to Congress on the military power of the People's 
     Republic of China submitted in April 2016, ``Throughout 2015, 
     China continued to assert sovereignty claims over features in 
     the East and South China Seas. In the East China Sea, China 
     continued to use maritime law enforcement ships and aircraft 
     to patrol near the Senkaku (Diaoyu) Islands in order to 
     challenge Japan's claim. In the South China Sea, China paused 
     its land reclamation effort in the Spratly Islands in late 
     2015 after adding more than 3,200 acres of land to the seven 
     features it occupies in the archipelago. Although these 
     artificial islands do not provide China with any additional 
     territorial or maritime rights within the South China Sea, 
     China will be able to use them as persistent civil-military 
     bases to enhance its long-term presence in the South China 
     Sea significantly.''.
       (3) On May 30, 2015, at the Shangri-la Dialogue of the 
     International Institute for Strategic Studies, Secretary of 
     Defense Ashton Carter stated that ``with its actions in the 
     South China Sea, China is out of step with both the 
     international rules and norms that underscore the Asia-
     Pacific's security architecture, and the regional consensus 
     that favors diplomacy and opposes coercion''.
       (4) On July 24, 2015, Admiral Harry Harris, Jr., noted at a 
     forum in Colorado that each year more than $5,300,000,000,000 
     in global sea-based trade passes through the South China Sea.
       (5) On June 4, 2016, at the Shangri-la Dialogue, Secretary 
     of Defense Ashton Carter stated: ``[T]he United States will 
     stand with regional partners to uphold core principles, like 
     freedom of navigation and overflight and the peaceful 
     resolution of disputes through legal means and in accordance 
     with international law. As I affirmed here last year, and 
     America's Freedom of Navigation Operations in the South China 
     Sea have demonstrated, the United States will continue to 
     fly, sail and operate wherever international law allows, so 
     that everyone in the region can do the same.''.
       (6) On July 12, 2016, the Permanent Court of Arbitration's 
     Tribunal organized pursuant to the United Nations Convention 
     on the Law of the Sea issued its unanimous award in the 
     arbitration instituted by Republic of the Philippines against 
     the People's Republic of China. The Tribunal noted that its 
     award is final and binding under that Convention.
       (7) Also according to the award, the Tribunal ``concluded 
     that, to the extent China had historical rights to resources 
     in the waters of the South China Sea, such rights were 
     extinguished to the extent they were incompatible with the 
     exclusive economic zones provided for in the Convention. The 
     Tribunal concluded that there was no legal basis for China to 
     claim historic rights to resources within the sea areas 
     falling within the `nine-dash line'.''.
       (8) Also according to the award, the Tribunal ``held that 
     the Spratly Islands cannot generate maritime zones 
     collectively as a unit. Having found that none of the 
     features claimed by China was capable of generating an 
     exclusive economic zone, the Tribunal found that it could--
     without delimiting a boundary--declare that certain sea areas 
     are within the exclusive economic zone of the Philippines, 
     because those areas are not overlapped by any possible 
     entitlement of China.''.
       (9) Also according to the award, the Tribunal ``found that 
     China had violated the Philippines' sovereign rights in its 
     exclusive economic zone by (a) interfering with Philippine 
     fishing and petroleum exploration, (b) constructing 
     artificial islands and (c) failing to prevent Chinese 
     fishermen from fishing in the zone. The Tribunal also held 
     that fishermen from the Philippines (like those from China) 
     had traditional fishing rights at Scarborough Shoal and that 
     China had interfered with these rights in restricting access. 
     The Tribunal further held that Chinese law enforcement 
     vessels had unlawfully created a serious risk of collision 
     when they physically obstructed Philippine vessels.''.
       (10) On July 12, 2016, the Ministry of Foreign Affairs of 
     the People's Republic of China issued a statement that China 
     ``declares that the [Tribunal] award is null and void and has 
     no binding force. China neither accepts nor recognizes it. . 
     . . China's territorial sovereignty and maritime rights and 
     interests in the South China Sea shall under no circumstances 
     be affected by those

[[Page S3619]]

     awards. China opposes and will never accept any claim or 
     action based on those awards.''.
       (11) On July 12, 2016, the Government of the People's 
     Republic of China issued the fifth statement in the name of 
     that Government since 1979 that--
       (A) stated that the People's Republic of China has 
     sovereignty over the 4 rocks and shoals in the South China 
     Sea;
       (B) claims internal waters, territorial seas, contiguous 
     zones, one or more exclusive economic zones, and a 
     continental shelf based on that sovereignty claim; and
       (C) continues to claim historic rights in the South China 
     Sea.
       (12) On July 12, 2016, Assistant Secretary of State and 
     Department of State Spokesperson John Kirby noted that the 
     ``United States strongly supports the rule of law. We support 
     efforts to resolve territorial and maritime disputes in the 
     South China Sea peacefully, including through arbitration. . 
     . . we urge all claimants to avoid provocative statements or 
     actions. This decision can and should serve as a new 
     opportunity to renew efforts to address maritime disputes 
     peacefully.''.
       (13) On July 13, 2016, the Vice Foreign Minister of the 
     People's Republic of China, Liu Zhenmin, said that declaring 
     an air defense identification zone in the South China Sea 
     would depend on the threat China faces and stated that ``[i]f 
     our security is threatened, we of course have the right to 
     set it up''.
       (14) On July 18, 2016, the People's Liberation Army Air 
     Force of the People's Republic of China stated that it had 
     conducted a ``combat air patrol'' over the South China Sea 
     and that it would become ``regular practice'' in the future. 
     A spokesperson stated that the People's Liberation Army Air 
     Force ``will firmly defend national sovereignty, security and 
     maritime interests, safeguard regional peace and stability, 
     and cope with various threats and challenges''.
       (15) On August 2, 2016, the Supreme People's Court of the 
     People's Republic of China issued a judicial interpretation 
     that people caught illegally fishing in Chinese waters could 
     be jailed for up to one year.
       (16) In the Agreement concerning the Ryukyu Islands and the 
     Daito Islands with Related Arrangements, signed at Washington 
     and Tokyo June 17, 1971 (23 UST 446), between the United 
     States and Japan (commonly referred to as the ``Okinawa 
     Reversion Treaty''), the United States agreed to apply the 
     Treaty of Mutual Cooperation and Security, with Agreed Minute 
     and Exchanges of Notes (11 UST 1632), signed at Washington 
     January 19, 1961, between the United States and Japan, to the 
     area covered by the Okinawa Reversion Treaty, including the 
     Senkaku Islands.
       (17) In April 2014, President Barack Obama stated, ``The 
     policy of the United States is clear--the Senkaku Islands are 
     administered by Japan and therefore fall within the scope of 
     Article 5 of the U.S.-Japan Treaty of Mutual Cooperation and 
     Security. And we oppose any unilateral attempts to undermine 
     Japan's administration of these islands.''.
       (18) In February 2017, President Donald Trump and Japanese 
     Prime Minister Shinzo Abe issued a joint statement that 
     ``affirmed that Article V of the U.S.-Japan Treaty of Mutual 
     Cooperation and Security covers the Senkaku Islands''.

     SEC. 1283. DEFINITIONS.

       In this subtitle:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) Alien.--The term ``alien'' has the meaning given that 
     term in section 101(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)).
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Committee on Banking, Housing, and Urban 
     Affairs, and the Select Committee on Intelligence of the 
     Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, the Committee on Financial Services, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (4) Chinese person.--The term ``Chinese person'' means--
       (A) an individual who is a citizen or national of the 
     People's Republic of China; or
       (B) an entity organized under the laws of the People's 
     Republic of China or otherwise subject to the jurisdiction of 
     the Government of the People's Republic of China.
       (5) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 
     5312(a)(2) of title 31, United States Code.
       (6) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given that term in 
     section 1010.605 of title 31, Code of Federal Regulations (or 
     any corresponding similar regulation or ruling).
       (7) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (8) Person.--The term ``person'' means any individual or 
     entity.
       (9) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 1284. POLICY OF THE UNITED STATES WITH RESPECT TO THE 
                   SOUTH CHINA SEA AND THE EAST CHINA SEA.

       It is the policy of the United States--
       (1) to support the principle that disputes between 
     countries should be resolved peacefully consistent with 
     international law;
       (2) to reaffirm its unwavering commitment and support for 
     allies and partners in the Asia-Pacific region, including 
     longstanding United States policy--
       (A) regarding Article V of the Mutual Defense Treaty, 
     signed at Washington August 30, 1951 (3 UST 3947), between 
     the United States and the Philippines; and
       (B) that Article V of the Mutual Defense Assistance 
     Agreement, with Annexes, signed at Tokyo March 8, 1954 (5 UST 
     661), between the United States and Japan, applies to the 
     Senkaku Islands, which are administered by Japan; and
       (3) to support the principle of freedom of navigation and 
     overflight and to continue to use the sea and airspace 
     wherever international law allows.

     SEC. 1285. SENSE OF CONGRESS WITH RESPECT TO THE SOUTH CHINA 
                   SEA AND THE EAST CHINA SEA.

       It is the sense of Congress that--
       (1) the United States--
       (A) opposes all claims in the maritime domains that 
     impinges on the rights, freedoms, and lawful use of the seas 
     that belong to all countries;
       (B) opposes unilateral actions by the government of any 
     country seeking to change the status quo in the South China 
     Sea through the use of coercion, intimidation, or military 
     force;
       (C) opposes actions by the government of any country to 
     interfere in any way in the free use of waters and airspace 
     in the South China Sea or East China Sea;
       (D) opposes actions by the government of any country to 
     prevent any other country from exercising its sovereign 
     rights to the resources of the exclusive economic zone and 
     continental shelf by making claims that have no support in 
     international law; and
       (E) upholds the principle that territorial and maritime 
     claims, including with respect to territorial waters or 
     territorial seas, must be derived from land features and 
     otherwise comport with international law;
       (2) the People's Republic of China should not continue to 
     pursue illegitimate claims and to militarize an area that is 
     essential to global security;
       (3) the United States should--
       (A) continue and expand freedom of navigation operations 
     and overflights;
       (B) reconsider the traditional policy of not taking a 
     position on individual claims; and
       (C) respond to provocations by the People's Republic of 
     China with commensurate actions that impose costs on any 
     attempts to undermine security in the region;
       (4) the Senkaku Islands are covered by Article V of the 
     Mutual Defense Assistance Agreement, with Annexes, signed at 
     Tokyo March 8, 1954 (5 UST 661), between the United States 
     and Japan; and
       (5) the United States should firmly oppose any unilateral 
     actions by the People's Republic of China that seek to 
     undermine Japan's control of the Senkaku Islands.

     SEC. 1286. SANCTIONS WITH RESPECT TO CHINESE PERSONS 
                   RESPONSIBLE FOR CHINA'S ACTIVITIES IN THE SOUTH 
                   CHINA SEA AND THE EAST CHINA SEA.

       (a) Initial Imposition of Sanctions.--On and after the date 
     that is 60 days after the date of the enactment of this Act, 
     the President shall impose the sanctions described in 
     subsection (b) with respect to--
       (1) any Chinese person that contributes to construction or 
     development projects, including land reclamation, island-
     making, lighthouse construction, building of base stations 
     for mobile communications services, building of electricity 
     and fuel supply facilities, or civil infrastructure projects, 
     in areas of the South China Sea contested by one or more 
     members of the Association of Southeast Asian Nations;
       (2) any Chinese person that is responsible for or complicit 
     in, or has engaged in, directly or indirectly, actions or 
     policies that threaten the peace, security, or stability of 
     areas of the South China Sea contested by one or more members 
     of the Association of Southeast Asian Nations or areas of the 
     East China Sea administered by Japan or the Republic of 
     Korea, including through the use of vessels and aircraft to 
     impose the sovereignty of the People's Republic of China in 
     those areas;
       (3) any Chinese person that engages, or attempts to engage, 
     in an activity or transaction that materially contributes to, 
     or poses a risk of materially contributing to, an activity 
     described in paragraph (1) or (2); and
       (4) any person that--
       (A) is owned or controlled by a person described in 
     paragraph (1), (2), or (3);
       (B) is acting for or on behalf of such a person; or
       (C) provides, or attempts to provide--
       (i) financial, material, technological, or other support to 
     a person described in paragraph (1), (2), or (3); or
       (ii) goods or services in support of an activity described 
     in paragraph (1), (2), or (3).
       (b) Sanctions Described.--

[[Page S3620]]

       (1) Blocking of property.--The President shall block, in 
     accordance with the International Emergency Economic Powers 
     Act (50 U.S.C. 1701 et seq.), all transactions in all 
     property and interests in property of any person subject to 
     subsection (a) if such property and interests in property are 
     in the United States, come within the United States, or are 
     or come within the possession or control of a United States 
     person.
       (2) Exclusion from united states.--The Secretary of State 
     shall deny a visa to, and the Secretary of Homeland Security 
     shall exclude from the United States, any person subject to 
     subsection (a) that is an alien.
       (3) Current visa revoked.--The issuing consular officer, 
     the Secretary of State, or the Secretary of Homeland Security 
     (or a designee of one of such Secretaries) shall revoke any 
     visa or other entry documentation issued to any person 
     subject to subsection (a) that is an alien, regardless of 
     when issued. The revocation shall take effect immediately and 
     shall automatically cancel any other valid visa or entry 
     documentation that is in the alien's possession.
       (c) Exceptions; Penalties.--
       (1) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of subsection (b)(1).
       (2) Compliance with united nations headquarters 
     agreement.--Paragraphs (2) and (3) of subsection (b) shall 
     not apply if admission to the United States is necessary to 
     permit the United States to comply with the Agreement 
     regarding the Headquarters of the United Nations, signed at 
     Lake Success June 26, 1947, and entered into force November 
     21, 1947, between the United Nations and the United States.
       (3) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of regulations prescribed under subsection 
     (b)(1) to the same extent that such penalties apply to a 
     person that commits an unlawful act described in subsection 
     (a) of such section 206.
       (d) Additional Imposition of Sanctions.--
       (1) In general.--The President shall prohibit the opening, 
     and prohibit or impose strict conditions on the maintaining, 
     in the United States of a correspondent account or a payable-
     through account by a foreign financial institution that the 
     President determines knowingly, on or after the date that is 
     60 days after the date of the enactment of this Act, conducts 
     or facilitates a significant financial transaction for a 
     person subject to subsection (a) if the Director of National 
     Intelligence determines that the Government of the People's 
     Republic of China has--
       (A) declared an air defense identification zone over any 
     part of the South China Sea;
       (B) initiated reclamation work at another disputed location 
     in the South China Sea, such as at Scarborough Shoal;
       (C) seized control of Second Thomas Shoal;
       (D) deployed surface-to-air missiles to any of the 
     artificial islands the People's Republic of China has built 
     in the Spratly Island chain, including Fiery Cross, Mischief, 
     or Subi Reefs;
       (E) established territorial baselines around the Spratly 
     Island chain;
       (F) increased harassment of Philippine vessels; or
       (G) increased provocative actions against the Japanese 
     Coast Guard or Maritime Self-Defense Force or United States 
     forces in the East China Sea.
       (2) Report.--
       (A) In general.--The determination of the Director of 
     National Intelligence referred to in paragraph (1) shall be 
     submitted in a report to the President and the appropriate 
     congressional committees.
       (B) Form of report.--The report required by subparagraph 
     (A) shall be submitted in unclassified form, but may include 
     a classified annex.

     SEC. 1287. DETERMINATIONS AND REPORT ON CHINESE COMPANIES 
                   ACTIVE IN THE SOUTH CHINA SEA AND THE EAST 
                   CHINA SEA.

       (a) In General.--The Secretary of State shall submit to the 
     appropriate congressional committees a report that identifies 
     each Chinese person the Secretary determines is engaged in 
     the activities described in section 1286(a).
       (b) Consideration.--In preparing the report required under 
     subsection (a), the Secretary of State shall make specific 
     findings with respect to whether each of the following 
     persons is involved in the activities described in section 
     1286(a):
       (1) CCCC Tianjin Dredging Co., Ltd.
       (2) CCCC Dredging (Group) Company, Ltd.
       (3) China Communications Construction Company (CCCC), Ltd.
       (4) China Petroleum Corporation (Sinopec Group).
       (5) China Mobile.
       (6) China Telecom.
       (7) China Southern Power Grid.
       (8) CNFC Guangzhou Harbor Engineering Company.
       (9) Zhanjiang South Project Construction Bureau.
       (10) Hubei Jiangtian Construction Group.
       (11) China Harbour Engineering Company (CHEC).
       (12) Guangdong Navigation Group (GNG) Ocean Shipping.
       (13) Shanghai Leading Energy Shipping.
       (14) China National Offshore Oil Corporation (CNOOC).
       (15) China Oilfield Services Limited (COSL).
       (16) China Precision Machinery Import/Export Corporation 
     (CPMIEC).
       (17) China Aerospace Science and Industry Corporation 
     (CASIC).
       (18) Aviation Industry Corporation of China (AVIC).
       (19) Shenyang Aircraft Corporation.
       (20) Shaanxi Aircraft Corporation.
       (21) China Ocean Shipping (Group) Company (COSCO).
       (22) China Southern Airlines.
       (23) Zhan Chaoying.
       (24) Sany Group.
       (25) Chinese persons affiliated with any of the entities 
     specified in paragraphs (1) through (24).
       (c) Submission and Form.--
       (1) Submission.--The report required by subsection (a) 
     shall be submitted not later than 60 days after the date of 
     the enactment of this Act and every 180 days thereafter until 
     the date that is 3 years after the date of the enactment of 
     this Act.
       (2) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex if the Secretary of State determines it is necessary 
     for the national security interests of the United States to 
     do so.
       (3) Public availability.--The Secretary of State shall 
     publish the unclassified part of the report required by 
     subsection (a) on a publicly available website of the 
     Department of State.

     SEC. 1288. PROHIBITION AGAINST DOCUMENTS PORTRAYING THE SOUTH 
                   CHINA SEA OR THE EAST CHINA SEA AS PART OF 
                   CHINA.

       The Government Publishing Office may not publish any map, 
     document, record, electronic resource, or other paper of the 
     United States (other than materials relating to hearings held 
     by committees of Congress or internal work product of a 
     Federal agency) portraying or otherwise indicating that it is 
     the position of the United States that the territory or 
     airspace in the South China Sea contested by one or more 
     members of the Association of Southeast Asian Nations or the 
     territory or airspace of areas of the East China Sea 
     administered by Japan or the Republic of Korea is part of the 
     territory or airspace of the People's Republic of China.

     SEC. 1289. PROHIBITION ON FACILITATING CERTAIN INVESTMENTS IN 
                   THE SOUTH CHINA SEA OR THE EAST CHINA SEA.

       (a) In General.--No United States person may take any 
     action to approve, facilitate, finance, or guarantee any 
     investment, provide insurance, or underwriting in the South 
     China Sea or the East China Sea that involves any person with 
     respect to which sanctions are imposed under section 1286(a).
       (b) Enforcement.--The Secretary of the Treasury, in 
     consultation with the Secretary of State, is authorized to 
     take such actions, including the promulgation of such rules 
     and regulations, as may be necessary to carry out the 
     purposes of this section.
       (c) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of regulations prescribed under this 
     section to the same extent that such penalties apply to a 
     person that commits an unlawful act described in subsection 
     (a) of such section 206.
       (d) Exception.--Subsection (a) shall not apply with respect 
     to humanitarian assistance, disaster assistance, or emergency 
     food assistance.

     SEC. 1290. DEPARTMENT OF JUSTICE AFFIRMATION OF NON-
                   RECOGNITION OF ANNEXATION.

       In any matter before any United States court, upon request 
     of the court or any party to the matter, the Attorney General 
     shall affirm the United States policy of not recognizing the 
     de jure or de facto sovereignty of the People's Republic of 
     China over territory or airspace contested by one or more 
     members of the Association of Southeast Asian Nations in the 
     South China Sea or the territory or airspace of areas of the 
     East China Sea administered by Japan or the Republic of 
     Korea.

     SEC. 1291. NON-RECOGNITION OF CHINESE SOVEREIGNTY OVER THE 
                   SOUTH CHINA SEA OR THE EAST CHINA SEA.

       (a) United States Armed Forces.--The Secretary of Defense 
     may not take any action, including any movement of aircraft 
     or vessels that implies recognition of the sovereignty of the 
     People's Republic of China over territory or airspace 
     contested by one or more members of the Association of 
     Southeast Asian Nations in the South China Sea or the 
     territory or airspace of areas of the East China Sea 
     administered by Japan or the Republic of Korea.
       (b) United States Flagged Vessels.--No vessel that is 
     issued a certificate of documentation under chapter 121 of 
     title 46, United States Code, may take any action that 
     implies recognition of the sovereignty of the People's 
     Republic of China over territory or airspace contested by one 
     or more members of the Association of Southeast Asian Nations 
     in the South China Sea or the territory or airspace of areas 
     of the East China Sea administered by Japan or the Republic 
     of Korea.
       (c) United States Aircraft.--No aircraft operated by an air 
     carrier that holds an air carrier certificate issued under 
     chapter 411 of title 49, United States Code, may take any 
     action that implies recognition of the sovereignty of the 
     People's Republic of China

[[Page S3621]]

     over territory or airspace contested by one or more members 
     of the Association of Southeast Asian Nations in the South 
     China Sea or the territory or airspace of areas of the East 
     China Sea administered by Japan or the Republic of Korea.

     SEC. 1292. PROHIBITION ON CERTAIN ASSISTANCE TO COUNTRIES 
                   THAT RECOGNIZE CHINESE SOVEREIGNTY OVER THE 
                   SOUTH CHINA SEA OR THE EAST CHINA SEA.

       (a) Prohibition.--Except as provided by subsection (c) or 
     (d), no amounts may be obligated or expended to provide 
     foreign assistance to the government of any country 
     identified in a report required by subsection (b).
       (b) Report Required.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, and every 180 days thereafter 
     until the date that is 3 years after such date of enactment, 
     the Secretary of State shall submit to the appropriate 
     congressional committees a report identifying each country 
     that the Secretary determines recognizes, after the date of 
     the enactment of this Act, the sovereignty of the People's 
     Republic of China over territory or airspace contested by one 
     or more members of the Association of Southeast Asian Nations 
     in the South China Sea or the territory or airspace of areas 
     of the East China Sea administered by Japan or the Republic 
     of Korea.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex if the Secretary of State determines it is necessary 
     for the national security interests of the United States to 
     do so.
       (3) Public availability.--The Secretary of State shall 
     publish the unclassified part of the report required by 
     paragraph (1) on a publicly available website of the 
     Department of State.
       (c) Exception.--This section shall not apply with respect 
     to Taiwan, humanitarian assistance, disaster assistance, 
     emergency food assistance, or the Peace Corps.
       (d) Waiver.--The President may waive the application of 
     subsection (a) with respect to the government of a country if 
     the President determines that the waiver is in the national 
     interests of the United States.
                                 ______