[Congressional Record (Bound Edition), Volume 147 (2001), Part 4]
[Senate]
[Pages 5702-5703]
[From the U.S. Government Publishing Office, www.gpo.gov]



                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 66--EXPRESSING THE SENSE OF THE SENATE REGARDING THE 
RELEASE OF TWENTY-FOUR UNITED STATES MILITARY PERSONNEL CURRENTLY BEING 
               DETAINED BY THE PEOPLE'S REPUBLIC OF CHINA

  Mr. THOMAS (for himself, Mr. Kerry, Mr. Warner, Mrs. Feinstein, Mr. 
Murkowski, Mr. Biden, Mr. Lugar, Mr. Smith of Oregon, Mrs. Clinton, Mr. 
Brownback, Mr. Baucus, Mr. Roberts, Mr. Nelson of Florida, Mr. 
Lieberman, Mr. Kennedy, Mr. Dodd, Mr. Torricelli, Mr. Corzine, Mr. 
McConnell, Mr. Levin, Mrs. Boxer, Mr. Wellstone, Mr. Daschle, Mr. 
Rockefeller, Mrs. Carnahan, Mr. Conrad, Mrs. Murray, Mr. Thurmond, Mr. 
Crapo, Mr. Dorgan, Mr. Bayh, Mr. Campbell, Ms. Cantwell, Ms. Collins, 
Mr. Edwards, Mr. Kohl, Mr. Hutchinson, Mr. Fitzgerald, Mr. Inouye, Mr. 
Johnson, and Ms. Snowe) submitted the following resolution; which was 
referred to the Committee on Foreign Relations:

                               S. Res. 66

       Whereas, at 9:15 a.m. local time on April 1, 2001, a 
     collision occurred between a United States military EP-3E 
     Aries II reconnaissance aircraft and one of two F-8 jet 
     fighters from the People's Liberation Army-Air Force of the 
     People's Republic of China sent to intercept it;
       Whereas both countries agree that the collision occurred in 
     international airspace over the South China Sea near the 
     Chinese island province of Hainan;
       Whereas due to the damage incurred in the unfortunate 
     accidental collision, the F-8 and its pilot were lost at sea 
     and the EP-3E was required to make a ``Mayday'' distress call 
     on the internationally recognized emergency radio frequency;
       Whereas because of the resultant structural damage to the 
     EP-3E aircraft it effectuated an emergency landing at a 
     military airbase at Lingshui, Hainan;
       Whereas upon landing the twenty-four United States military 
     personnel aboard the EP-3E were removed from the aircraft by 
     Chinese military personnel and detained in an undisclosed 
     location, notwithstanding the fact that the crew of an 
     aircraft forced to land on foreign soil in an emergency is 
     considered under international norms to have sovereign 
     immunity;
       Whereas Chinese authorities unnecessarily prevented United 
     States military and consular officials from meeting with the 
     crew members until April3, 2001, then permitting only a 
     short, supervised visit, and has, to date, denied further 
     visits;
       Whereas in contravention of international norms Chinese 
     officials have boarded the aircraft and may have removed 
     portions of the equipment therefrom;
       Whereas international law recognizes both the right of the 
     crew of an aircraft in distress to land safely on foreign 
     soil and the inviolable sovereignty of an aircraft in 
     distress that has landed on foreign soil;
       Whereas international law recognizes the right of a nation 
     which has had an aircraft land in distress on foreign soil to 
     have its citizens and aircraft returned safely and without 
     undue delay; and
       Whereas President Bush has requested that the People's 
     Republic of China arrange the ``prompt and safe return of the 
     crew and the return of the aircraft without further damage[] 
     or tampering,'' and has noted that a failure by Chinese 
     authorities to do so would be ``inconsistent with standard 
     diplomatic practice;''
       Now, therefore, be it
       Resolved by the Senate, that:
       (1) the Senate expresses its regret at the damage and loss 
     of life occasioned by the accidental collision of the two 
     aircraft;
       (2) it is the sense of the Senate that the government of 
     the People's Republic of China should:
       (a) immediately release the crew members of the EP-3E into 
     the custody of United States military or consular officials, 
     and allow them to leave the country; and
       (b) return the EP-3E aircraft and all its equipment to the 
     possession of the United States, without any further boarding 
     or inspection, or removal of equipment; and
       (3) the Senate fully supports the continuing efforts of the 
     President to ensure the safe return of the crew and the 
     aircraft.

  Mr. THOMAS. Mr President, I rise today as the Chairman of the 
Subcommittee on East Asian and Pacific Affairs of the Senate Foreign 
Relations Committee to speak to S. Res. 66.
  As we are all now aware, at 9:15 a.m. local time on April 1, 2001, a 
collision occurred between a United States military EP-3E Aries II 
reconnaissance aircraft flying off the coast of the People's Republic 
of China, PRC and one of two F-8 jet fighters from the People's 
Liberation Army-Air Force sent to intercept it. Both countries agree 
that the collision occurred in international airspace over the South 
China Sea near the Chinese island province of Hainan. Due to the damage 
incurred in the accidental collision, the F-8 and its pilot were lost 
at sea and the EP-3E was required to make a ``Mayday'' distress call on 
the internationally recognized emergency radio frequency.
  In fact, the damage to our plane was so bad that it effectuated an 
emergency landing at a military airbase at Lingshui, Hainan. Upon 
landing, the twenty-four United States military personnel aboard the 
EP-3E were removed from the aircraft by Chinese military personnel and 
detained in an undisclosed location, notwithstanding the fact that the 
crew of an aircraft forced to land on foreign soil in an emergency is 
considered under international norms to have sovereign immunity.
  Chinese authorities then unnecessarily prevented United States 
military and consular officials from meeting with the crew members 
until April 3, 2001, and even then permitted only a


[[Page 5703]]

short, supervised visit. There is absolutely no reason why we should 
not have been allowed at the very least telephone access to our 
military people. China is not a technologically backward country 
without phone service; our people are not being held in some isolated 
mountain village in the middle of a jungle. China's behavior in this 
case in purposefully keeping us from contacting the aircrew is, to me, 
disturbing.
  In addition, I am also concerned that in contravention of 
international norms, Chinese officials have boarded the aircraft and 
have apparently removed portions of the equipment from it. 
International law recognizes both the right of the crew of an aircraft 
in distress to land safely on foreign soil and the inviolable 
sovereignty of an aircraft in distress that has landed on foreign soil; 
it also recognizes the right of a nation which has had an aircraft land 
in distress on foreign soil to have its citizens and aircraft returned 
safely and without undue delay.
  China's flaunting of these conventions disturbs me not just because 
of the ramifications in this particular case, but also because it has 
the capability of wrecking greater havoc on the overall bilateral US-
PRC relationship, a relationship I believe to be our most important in 
Asia along with Japan and South Korea. The Chinese government needs to 
realize that this issue is bigger than just this crew and this plane. 
This is about trust, about whether the PRC can be trusted to live up to 
its word, to live up to international agreements which it has signed, 
and to be a part of the world community of nations. So far, they have 
turned their backs on those agreements, and on their obligations. They 
have shown me, and other Members of Congress, that whether they can be 
trusted is presently open to question.
  If this matter is not resolved immediately and satisfactorily, then 
the Congress needs to rethink whether Beijing can be trusted to fulfill 
its obligations as a member of the WTO. And while I have previously 
stated that I believe it would be a mistake to include such materiel as 
Aegis-equipped destroyers in this year's weapons sales to Taiwan, if 
Beijing remains intransigent and continues to violate norms of decent 
international behavior in this case, then I--for one--will begin to 
reassess whether Taiwan is not justified in its mistrust of the PRC and 
whether such sales might not now be justified. It would truly be a 
shame if, at the beginning of a new Administration, an Administration 
that has not even had a chance yet to formulate or articulate its China 
policy, this situation poisoned the well.
  The resolution is simple. It expresses our regret over the damage to 
the aircraft and the loss of life resulting from the collision. It 
calls on the Chinese government to release the crew, who are, of 
course, utmost in our thoughts and concern; the aircraft, and the 
equipment from the aircraft. Finally, it supports President Bush in his 
efforts. I am pleased that the resolution has a bipartisan list of 
seventy-five cosponsors, including the ranking member of the East Asia 
Subcommittee [Mr. Kerry]; the very distinguished President pro tempore 
[Mr. Thurmond]; the distinguished chairman of the Armed Services 
Committee [Mr. Warner]; the Chairman of the Energy Committee [Mr. 
Murkowski]; three members and the ranking minority member of the Senate 
Foreign Relations Committee: the distinguished Senator from Indiana 
[Mr. Lugar], Mr. Smith of Oregon and Mr. Brownback, and Senator Biden; 
two Senators who I consider among the most knowledgeable on China in 
the Senate, Senator Feinstein and Senator Baucus; and one of our newest 
members, Senator Clinton.
  I hope that we will act to put the Senate on record on this issue.
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SENATE RESOLUTION 67--COMMENDING THE BLUE DEVILS OF DUKE UNIVERSITY FOR 
    WINNING THE 2001 NATIONAL COLLEGIATE ATHLETIC ASSOCIATION MEN'S 
                        BASKETBALL CHAMPIONSHIP

  Mr. HELMS (for himself and Mr. Edwards) submitted the following 
resolution; which was considered and agreed to:

                               S. Res. 67

       Whereas the 2000-2001 Duke University Blue Devils' men's 
     basketball team (referred to in this resolution as the ``Duke 
     Blue Devils'') had a spectacular season;
       Whereas the Duke Blue Devils finished the regular season 
     with a 26-4 record, claiming a record 5 straight finishes in 
     first place during the Atlantic Coast Conference regular 
     season;
       Whereas the Duke Blue Devils won the 2001 Atlantic Coast 
     Conference Tournament Championship, winning the championship 
     of that tournament for the third year in a row;
       Whereas the Duke Blue Devils are the first men's basketball 
     team to be a number 1 seed in the National Collegiate 
     Athletic Association's Men's Basketball Tournament during 4 
     consecutive seasons since that association began seeding 
     teams in 1979;
       Whereas the Duke Blue Devils amassed the most wins, 133, in 
     a 4-year period of any National Collegiate Athletic 
     Association men's basketball team in history;
       Whereas Shane Battier received the 2001 Naismith Award as 
     men's college basketball Player of the Year;
       Whereas Coach Mike Krzyzewski has taken the Duke Blue 
     Devils to 7 national championship games in 16 years;
       Whereas Coach Krzyzewski led the Duke Blue Devils to the 
     team's third national championship;
       Whereas the Duke Blue Devils are a fine example of academic 
     and athletic dedication and success;
       Whereas the team's success during the 2000-2001 season was 
     truly a team accomplishment; and
       Whereas the Duke Blue Devils won the 2001 National 
     Collegiate Athletic Association Men's Basketball 
     Championship: Now, therefore, be it
         Resolved, That the Senate commends the Blue Devils of 
     Duke University for winning the 2001 National Collegiate 
     Athletic Association Men's Basketball Championship.

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