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WASHINGTON – Congressman Troy Balderson’s (R-OH) bipartisan legislation, the South China Sea Freedom of Navigation Act, was included in the National Defense Authorization Act (NDAA) of 2021, which passed the U.S. House of Representatives this week. Balderson’s bill, which he introduced with Congressman Anthony Brindisi (D-NY), pushes back on China’s aggression in the South China Sea, particularly against U.S. and ally forces.

“The Chinese Communist Party has been given a pass for far too long,” said Balderson. “Given our well-documented record of their regime’s efforts to cause harm to the United States and our allies, we need to strengthen our response by more closely tracking China’s false territory claims and cracking down on its unlawful maritime activities.”

Balderson and Brindisi’s legislation increases the frequency of the South China Sea Freedom of Navigation Operations report on actions taken by China in the international waters of the South China Sea from annual to semi-annual (twice-yearly). The South China Sea Freedom of Navigation Act also mandates new sections of the report to include descriptions of maritime overflight challenges by the U.S., each excessive Chinese claim, and all actions in the region. The goal is to more frequently highlight U.S. Naval successes in the region in contesting unfounded Chinese claims, as well as establish a thorough, continuous public record of China’s malign actions.

“Keeping our country safe is my top priority,” said Brindisi. “This bipartisan bill will crack down on China for their encroachments on our allies. America needs to continue to be a leader in this world and we can do that by putting our troops, our country, and our allies first.”

With House passage of the NDAA, which authorizes funding for the U.S. military in FY2021 and includes language from Balderson’s South China Sea Freedom of Navigation Act, the full package moves to the Senate for consideration.

BACKGROUND

Due in part to the wealth of lucrative untapped natural resources believed to originate there, as well as the proximity of several bordering nations, the South China Sea has long been the site of territorial disputes between China, Brunei, Indonesia, Malaysia, the Philippines, Taiwan, and Vietnam. The Chinese Communist Party (CCP) claims sovereignty over a majority of the South China Sea, a territory often referred to as the “nine-dash line” due to the illustration of its boundaries. The U.S. and ally nations agree that these territorial claims demonstrate a vast overreach by the CCP.

As tensions have risen between China and other claimant countries, as well as the U.S., the CCP has increased military activity in the region, resulting in numerous international military conflicts in recent years. Meanwhile, the South China Sea remains a critical passageway for international trade. In 2016, nearly $3.37 trillion in trade passed through the region, while 40% of liquefied natural gas traded globally in 2017 passed through the South China Sea.

According to the Council on Foreign Relations, “China maintains that, under international law, foreign militaries are not able to conduct intelligence-gathering activities, such as reconnaissance flights, in its exclusive economic zone (EEZ). According to the United States, claimant countries, under UN Convention of the Law of the Sea (UNCLOS), should have freedom of navigation through EEZs in the sea and are not required to notify claimants of military activities.”

The CCP’s overreach and menacing displays of military action threaten free and safe trade routes, putting the U.S. and our allies – particularly other Asian countries with which we trade – at risk. Any strain on trade with these partners could jeopardize critical supply chains for the U.S. and markets for American products, including trade based in Ohio’s 12^th Congressional District, where manufacturing is centric to the local economy. This could also endanger key supply chains related to the country’s battle against the COVID-19 pandemic.

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