[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 66 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
S. RES. 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 5, 2001

  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 
     read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
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.

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 April 3, 
        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.
                                 <all>