827
that when undersea accidents or incidents involving sub-
marines or other undersea vessels occur, it is in the best
interests of all nations to work together to respond
promptly to the accident or incident, rescue and recover
the crew of the vessel, minimize the loss of life, and pre-
vent damage to the oceans.
(d) ESTABLISHMENT OF PLAN FOR RESPONDING TO
UNDERSEA ACCIDENTS OR INCIDENTS.—Congress urges
the President of the United States and the President of
the Russian Federation, in coordination with the leaders
of other maritime nations that possess undersea naval and
research vessels and undersea rescue capabilities, to co-
operate in establishing a plan for—
(1) responding to accidents or incidents involv-
ing submarines or other undersea vessels; and
(2) rescue and recovery of the crew of the ves-
sels involved in such accidents or incidents.
SEC. 1238. UNITED STATES-CHINA SECURITY REVIEW COM-
MISSION.
(a) PURPOSES.—The purposes of this section are as
follows:
(1) To establish the United States-China Secu-
rity Review Commission to review the national secu-
rity implications of trade and economic ties between
828
the United States and the People’s Republic of
China.
(2) To facilitate the assumption by the United
States-China Security Review Commission of its du-
ties regarding the review referred to in paragraph
(1) by providing for the transfer to that Commission
of staff, materials, and infrastructure (including
leased premises) of the Trade Deficit Review Com-
mission that are appropriate for the review upon the
submittal of the final report of the Trade Deficit Re-
view Commission.
(b) ESTABLISHMENT OF UNITED STATES-CHINA SE-
CURITY REVIEW COMMISSION.—
(1) IN GENERAL.—There is hereby established
a commission to be known as the United States-
China Security Review Commission (in this section
referred to as the ‘‘Commission’’).
(2) PURPOSE.—The purpose of the Commission
is to monitor, investigate, and report to Congress on
the national security implications of the bilateral
trade and economic relationship between the United
States and the People’s Republic of China.
(3) MEMBERSHIP.—The United States-China
Security Review Commission shall be composed of
12 members, who shall be appointed in the same
829
manner provided for the appointment of members of
the Trade Deficit Review Commission under section
127(c)(3) of the Trade Deficit Review Commission
Act (19 U.S.C. 2213 note), except that—
(A) appointment of members by the Speak-
er of the House of Representatives shall be
made after consultation with the chairman of
the Committee on Armed Services of the House
of Representatives, in addition to consultation
with the chairman of the Committee on Ways
and Means of the House of Representatives
provided for under clause (iii) of subparagraph
(A) of that section;
(B) appointment of members by the Presi-
dent pro tempore of the Senate upon the rec-
ommendation of the majority leader of the Sen-
ate shall be made after consultation with the
chairman of the Committee on Armed Services
of the Senate, in addition to consultation with
the chairman of the Committee on Finance of
the Senate provided for under clause (i) of that
subparagraph;
(C) appointment of members by the Presi-
dent pro tempore of the Senate upon the rec-
ommendation of the minority leader of the Sen-
830
ate shall be made after consultation with the
ranking minority member of the Committee on
Armed Services of the Senate, in addition to
consultation with the ranking minority member
of the Committee on Finance of the Senate pro-
vided for under clause (ii) of that subpara-
graph;
(D) appointment of members by the minor-
ity leader of the House of Representatives shall
be made after consultation with the ranking mi-
nority member of the Committee on Armed
Services of the House of Representatives, in ad-
dition to consultation with the ranking minority
member of the Committee on Ways and Means
of the House of Representatives provided for
under clause (iv) of that subparagraph;
(E) persons appointed to the Commission
shall have expertise in national security matters
and United States-China relations, in addition
to the expertise provided for under subpara-
graph (B)(i)(I) of that section;
(F) members shall be appointed to the
Commission not later than 30 days after the
date on which each new Congress convenes;
831
(G) members of the Commission may be
reappointed for additional terms of service as
members of the Commission; and
(H) members of the Trade Deficit Review
Commission as of the date of the enactment of
this Act shall serve as members of the United
States-China Security Review Commission until
such time as members are first appointed to the
United States-China Security Review Commis-
sion under this paragraph.
(4) RETENTION
OF
SUPPORT.—The United
States-China Security Review Commission shall re-
tain and make use of such staff, materials, and in-
frastructure (including leased premises) of the Trade
Deficit Review Commission as the United States-
China Security Review Commission determines, in
the judgment of the members of the United States-
China Security Review Commission, are required to
facilitate the ready commencement of activities of
the United States-China Security Review Commis-
sion under subsection (c) or to carry out such activi-
ties after the commencement of such activities.
(5) CHAIRMAN
AND
VICE
CHAIRMAN.—The
members of the Commission shall select a Chairman
832
and Vice Chairman of the Commission from among
the members of the Commission.
(6) MEETINGS.—
(A) MEETINGS.—The Commission shall
meet at the call of the Chairman of the Com-
mission.
(B) QUORUM.—A majority of the members
of the Commission shall constitute a quorum
for the transaction of business of the Commis-
sion.
(7) VOTING.—Each member of the Commission
shall be entitled to one vote, which shall be equal to
the vote of every other member of the Commission.
(c) DUTIES.—
(1) ANNUAL REPORT.—Not later than March 1
each year (beginning in 2002), the Commission shall
submit to Congress a report, in both unclassified
and classified form, regarding the national security
implications and impact of the bilateral trade and
economic relationship between the United States and
the People’s Republic of China. The report shall in-
clude a full analysis, along with conclusions and rec-
ommendations for legislative and administrative ac-
tions, if any, of the national security implications for
the United States of the trade and current balances
833
with the People’s Republic of China in goods and
services, financial transactions, and technology
transfers. The Commission shall also take into ac-
count patterns of trade and transfers through third
countries to the extent practicable.
(2) CONTENTS OF REPORT.—Each report under
paragraph (1) shall include, at a minimum, a full
discussion of the following:
(A) The portion of trade in goods and
services with the United States that the Peo-
ple’s Republic of China dedicates to military
systems or systems of a dual nature that could
be used for military purposes.
(B) The acquisition by the People’s Repub-
lic of China of advanced military or dual-use
technologies from the United States by trade
(including procurement) and other technology
transfers, especially those transfers, if any, that
contribute to the proliferation of weapons of
mass destruction or their delivery systems, or
that undermine international agreements or
United States laws with respect to nonprolifera-
tion.
(C) Any transfers, other than those identi-
fied under subparagraph (B), to the military
834
systems of the People’s Republic of China made
by United States firms and United States-based
multinational corporations.
(D) An analysis of the statements and
writing of the People’s Republic of China offi-
cials and officially-sanctioned writings that bear
on the intentions, if any, of the Government of
the People’s Republic of China regarding the
pursuit of military competition with, and lever-
age over, or cooperation with, the United States
and the Asian allies of the United States.
(E) The military actions taken by the Gov-
ernment of the People’s Republic of China dur-
ing the preceding year that bear on the national
security of the United States and the regional
stability of the Asian allies of the United
States.
(F) The effects, if any, on the national se-
curity interests of the United States of the use
by the People’s Republic of China of financial
transactions and capital flow and currency ma-
nipulations.
(G) Any action taken by the Government
of the People’s Republic of China in the context
of the World Trade Organization that is ad-
835
verse or favorable to the United States national
security interests.
(H) Patterns of trade and investment be-
tween the People’s Republic of China and its
major trading partners, other than the United
States, that appear to be substantively different
from trade and investment patterns with the
United States and whether the differences have
any national security implications for the
United States.
(I) The extent to which the trade surplus
of the People’s Republic of China with the
United States enhances the military budget of
the People’s Republic of China.
(J) An overall assessment of the state of
the security challenges presented by the Peo-
ple’s Republic of China to the United States
and whether the security challenges are increas-
ing or decreasing from previous years.
(3) RECOMMENDATIONS OF REPORT.—Each re-
port under paragraph (1) shall also include rec-
ommendations for action by Congress or the Presi-
dent, or both, including specific recommendations
for the United States to invoke Article XXI (relating
to security exceptions) of the General Agreement on
836
Tariffs and Trade 1994 with respect to the People’s
Republic of China, as a result of any adverse impact
on the national security interests of the United
States.
(d) HEARINGS.—
(1) IN GENERAL.—The Commission or, at its
direction, any panel or member of the Commission,
may for the purpose of carrying out the provisions
of this section, hold hearings, sit and act at times
and places, take testimony, receive evidence, and ad-
minister oaths to the extent that the Commission or
any panel or member considers advisable.
(2) INFORMATION.—The Commission may se-
cure directly from the Department of Defense, the
Central Intelligence Agency, and any other Federal
department or agency information that the Commis-
sion considers necessary to enable the Commission
to carry out its duties under this section, except the
provision of intelligence information to the Commis-
sion shall be made with due regard for the protec-
tion from unauthorized disclosure of classified infor-
mation relating to sensitive intelligence sources and
methods or other exceptionally sensitive matters,
under procedures approved by the Director of Cen-
tral Intelligence.
837
(3) SECURITY.—The Office of Senate Security
shall—
(A) provide classified storage and meeting
and hearing spaces, when necessary, for the
Commission; and
(B) assist members and staff of the Com-
mission in obtaining security clearances.
(4) SECURITY CLEARANCES.—All members of
the Commission and appropriate staff shall be sworn
and hold appropriate security clearances.
(e) COMMISSION PERSONNEL MATTERS.—
(1) COMPENSATION OF MEMBERS.—Members of
the United States-China Security Review Commis-
sion shall be compensated in the same manner pro-
vided for the compensation of members of the Trade
Deficit Review Commission under section 127(g)(1)
and section 127(g)(6) of the Trade Deficit Review
Commission Act (19 U.S.C. 2213 note).
(2) TRAVEL
EXPENSES.—Travel expenses of
the United States-China Security Review Commis-
sion shall be allowed in the same manner provided
for the allowance of the travel expenses of the Trade
Deficit Review Commission under section 127(g)(2)
of the Trade Deficit Review Commission Act.