MONITORING OF IMPLEMENTATION OF 1979 AGREEMENT BETWEEN THE UNITED STATES AND CHINA ON COOPERATION IN SCIENCE AND TECHNOLOGY.

SEC. 1207. MONITORING OF IMPLEMENTATION OF 1979 AGREEMENT BETWEEN THE UNITED STATES AND CHINA ON COOPERATION IN SCIENCE AND TECHNOLOGY. (a) In General.—The Secretary of State shall— (1) monitor the implementation of the Agreement specified in subsection (c); (2) keep a systematic account of the protocols to the Agreement; (3) coordinate the activities of all agencies of the United States Government that carry out cooperative activities under the Agreement; and (4) ensure that all activities conducted under the Agreement comply with applicable laws and regulations concerning the transfer of militarily sensitive technologies and dual-use technologies. (b) Responsibilities of the Office of Science and Technology Cooperation.—Except as otherwise provided by the Secretary of State, the functions of the Secretary under this section shall be carried out through the Director of the Office of Science and Technology Cooperation of the Department of State. (c) Agreement Defined.—For purposes of this section, the term “Agreement” means the agreement between the United States and the People’s Republic of China known as the “Agreement between the Government of the United States of America and the Government of the People’s Republic of China on Cooperation in Science and Technology”, signed in Washington on January 31, 1979, and its protocols. (d) Biennial Report to Congress.—(1) Not later than April 1 of each even-numbered year, the Secretary of State shall submit to Congress a report on the implementation of the Agreement and on activities under the Agreement. Each such report shall be submitted in both classified and unclassified form, as necessary. (2) Each report under this subsection shall provide an evaluation of the benefits of the Agreement to the economy, to the military, and to the industrial base of the People’s Republic of China and shall include the following: (A) An accounting of all activities conducted under the Agreement since the previous report (or, in the case of the first report, since the Agreement was entered into) and a projection of activities to be undertaken under the Agreement during the next two years. (B) An estimate of the costs to the United States to administer the Agreement during the period covered by the report. (C) An assessment of how the Agreement has influenced the foreign and domestic policies of the People’s Republic of 116 STAT. 2667China and the policy of the People’s Republic of China toward scientific and technological cooperation with the United States. (D) An analysis by the Director of Central Intelligence of the involvement of military specialists, weapons specialists, and intelligence specialists of the People’s Republic of China in the activities of the Joint Commission established under the Agreement and in other activities conducted under the Agreement. (E) A determination by the Secretary of Defense, developed with the assistance of the Director of Central Intelligence, of the extent to which the activities conducted under the Agreement have enhanced the military and defense industrial base of the People’s Republic of China, and an assessment of the effect that projected activities under the Agreement for the next two years, including the transfer of technology and knowhow, could have on the economic and military capabilities of the People’s Republic of China. (F) An assessment by the Inspector General of the Department of Commerce of— (i) the extent to which programs or activities carried out under the Agreement provide access to technology, information, or know-how that could enhance military capabilities of the People’s Republic of China; and (ii) the extent to which those programs or activities are carried out in compliance with export control laws and regulations of the United States, especially those laws and regulations governing so-called “deemed exports”. (G) Any recommendations of the Secretary of State, Secretary of Defense, or Director of Central Intelligence for improving the monitoring of the activities of the Joint Commission established under the Agreement. (3) The Secretary of State shall prepare each report under this subsection in consultation with the Secretary of Defense, the Secretary of Energy, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, and the Director of the National Science Foundation. (e) Interagency Working Group.—The President shall establish an interagency working group to oversee the implementation of the Agreement by departments and agencies of the United States. The working group shall consist of representatives of such departments, agencies, and offices of the executive branch as the President considers appropriate. The working group shall perform the following functions: (1) Assisting the Secretary of State and other appropriate officials in setting standards under the Agreement for science and technology transfers between the United States and the People’s Republic of China. (2) Monitoring ongoing programs and activities under the Agreement and recommending future programs and activities under the Agreement. (3) Developing a comprehensive database of all government-to-government programs and United States Government-funded programs under the Agreement. (4) Coordinating activities under the Agreement between United States Government agencies, including elements of the intelligence community, as appropriate.116 STAT. 2668