
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-67 Section 645(a)]
[Document affected by Public Law 107-67 Section 648]
[Document affected by Public Law 107-67 Section 645(b)]
[CITE: 22USC7002]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                CHAPTER 77--UNITED STATES-CHINA RELATIONS
 
                      SUBCHAPTER VI--RELATED ISSUES
 
Sec. 7002. United States-China Security Review Commission


(a) Purposes

    The purposes of this section are as follows:
        (1) To establish the United States-China Security Review 
    Commission to review the national security implications of trade and 
    economic ties between 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 duties 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 Commission that are 
    appropriate for the review upon the submittal of the final report of 
    the Trade Deficit Review Commission.

(b) Establishment of United States-China Security 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 Commission shall be composed of 12 members, who shall be 
    appointed in the same 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 Speaker 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 President pro tempore of 
        the Senate upon the recommendation of the majority leader of the 
        Senate 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 President pro tempore of 
        the Senate upon the recommendation of the minority leader of the 
        Senate 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 provided for 
        under clause (ii) of that subparagraph;
            (D) appointment of members by the minority leader of the 
        House of Representatives shall be made after consultation with 
        the ranking minority member of the Committee on Armed Services 
        of the House of Representatives, in addition 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 subparagraph 
        (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;
            (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 
        October 30, 2000, shall serve as members of the Commission until 
        such time as members are first appointed to the Commission under 
        this paragraph.

                      (4) Retention of support

        The Commission shall retain and make use of such staff, 
    materials, and infrastructure (including leased premises) of the 
    Trade Deficit Review Commission as the Commission determines, in the 
    judgment of the members of the Commission, are required to 
    facilitate the ready commencement of activities of the Commission 
    under subsection (c) of this section or to carry out such activities 
    after the commencement of such activities.

                   (5) Chairman and Vice Chairman

        The members of the Commission shall select a Chairman 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 
        Commission.

        (B) Quorum

            A majority of the members of the Commission shall constitute 
        a quorum for the transaction of business of the Commission.

                             (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 include a full analysis, along with conclusions and 
    recommendations for legislative and administrative actions, if any, 
    of the national security implications for the United States of the 
    trade and current balances with the People's Republic of China in 
    goods and services, financial transactions, and technology 
    transfers. The Commission shall also take into account 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 People'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 Republic 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 nonproliferation.
            (C) Any transfers, other than those identified under 
        subparagraph (B), to the military 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 officials 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 leverage over, or cooperation 
        with, the United States and the Asian allies of the United 
        States.
            (E) The military actions taken by the Government of the 
        People's Republic of China during 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 security interests 
        of the United States of the use by the People's Republic of 
        China of financial transactions and capital flow and currency 
        manipulations.
            (G) Any action taken by the Government of the People's 
        Republic of China in the context of the World Trade Organization 
        that is adverse or favorable to the United States national 
        security interests.
            (H) Patterns of trade and investment between 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 People's Republic of China to the 
        United States and whether the security challenges are increasing 
        or decreasing from previous years.

                    (3) Recommendations of report

        Each report under paragraph (1) shall also include 
    recommendations for action by Congress or the President, or both, 
    including specific recommendations for the United States to invoke 
    Article XXI (relating to security exceptions) of the General 
    Agreement on 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 administer oaths to the extent that 
    the Commission or any panel or member considers advisable.

                           (2) Information

        The Commission may secure directly from the Department of 
    Defense, the Central Intelligence Agency, and any other Federal 
    department or agency information that the Commission considers 
    necessary to enable the Commission to carry out its duties under 
    this section, except the provision of intelligence information to 
    the Commission shall be made with due regard for the protection from 
    unauthorized disclosure of classified information relating to 
    sensitive intelligence sources and methods or other exceptionally 
    sensitive matters, under procedures approved by the Director of 
    Central Intelligence.

                            (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 Commission 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 Commission shall be compensated in the same 
    manner provided 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 Commission 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.

                              (3) Staff

        An executive director and other additional personnel for the 
    Commission shall be appointed, compensated, and terminated in the 
    same manner provided for the appointment, compensation, and 
    termination of the executive director and other personnel of the 
    Trade Deficit Review Commission under section 127(g)(3) and section 
    127(g)(6) of the Trade Deficit Review Commission Act.

                 (4) Detail of government employees

        Federal Government employees may be detailed to the Commission 
    in the same manner provided for the detail of Federal Government 
    employees to the Trade Deficit Review Commission under section 
    127(g)(4) of the Trade Deficit Review Commission Act.

              (5) Foreign travel for official purposes

        Foreign travel for official purposes by members and staff of the 
    Commission may be authorized by either the Chairman or the Vice 
    Chairman of the Commission.

       (6) Procurement of temporary and intermittent services

        The Chairman of the Commission may procure temporary and 
    intermittent services for the Commission in the same manner provided 
    for the procurement of temporary and intermittent services for the 
    Trade Deficit Review Commission under section 127(g)(5) of the Trade 
    Deficit Review Commission Act.

(f) Authorization of appropriations

                           (1) In general

        There is authorized to be appropriated to the Commission for 
    fiscal year 2001, and for each fiscal year thereafter, such sums as 
    may be necessary to enable the Commission to carry out its functions 
    under this section.

                          (2) Availability

        Amounts appropriated to the Commission shall remain available 
    until expended.

(g) Federal Advisory Committee Act

    The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Commission.

(h) Effective date

    This section shall take effect on the first day of the 107th 
Congress.

(Pub. L. 106-398, Sec. 1 [[div. A], title XII, Sec. 1238], Oct. 30, 
2000, 114 Stat. 1654, 1654A-334.)

                       References in Text

    Section 127 of the Trade Deficit Review Commission Act, referred to 
in subsecs. (b)(3) and (e), is section 127 of Pub. L. 105-277, which is 
set out in a note under section 2213 of Title 19, Customs Duties.
    The Federal Advisory Committee Act, referred to in subsec. (g), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5, Government Organization and Employees.
    The first day of the 107th Congress, referred to in subsec. (h), was 
Jan. 3, 2001.

                          Codification

    Section was enacted as part of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001, and not as part of the U.S.-
China Relations Act of 2000 which comprises this chapter.
