III

106TH CONGRESS

1ST SESSION S. RES. 107

To establish a Select Committee on Chinese Espionage.

IN THE SENATE OF THE UNITED STATES

MAY 24, 1999

Mr. SMITH of New Hampshire submitted the following resolution; which was

referred to the Committee on Rules and Administration

RESOLUTION

To establish a Select Committee on Chinese Espionage.

1 Resolved,

2 SECTION 1. ESTABLISHMENT OF THE SELECT COMMITTEE.

3 (a) IN GENERAL.—There is established a temporary

4 Select Committee on Chinese Espionage (hereafter in this

5 resolution referred to as the ‘‘select committee’’) which

6 shall consist of 12 members, 6 to be appointed by the

7 President pro tempore of the Senate upon recommenda8 tions of the Majority Leader from among members of the

9 majority party, and 6 to be appointed by the President

10 pro tempore of the Senate upon recommendations of the

11 Minority Leader from among members of the minority

12 party.
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1 (b) CHAIRMAN.—The Majority Leader shall select the

2 chairman of the select committee.

3 (c) VICE CHAIRMAN.—The Minority Leader shall se4 lect the vice chairman of the select committee.

5 (d) SERVICE OF A SENATOR.—The service of a Sen6 ator as a member or chairman on the select committee

7 shall not count for purposes of paragraph 4 of rule XXV

8 of the Standing Rules of the Senate.

9 (e) RULES AND PROCEDURES.—A majority of the

10 members of the select committee shall constitute a quorum

11 thereof for the transaction of business, except that the se12 lect committee may fix a lesser number as a quorum for

13 the purpose of taking testimony. The select committee

14 shall adopt rules of procedure not inconsistent with this

15 resolution and the rules of the Senate governing standing

16 committees of the Senate.

17 (f) VACANCIES.—Vacancies in the membership of the

18 select committee shall not affect the authority of the re19 maining members to execute the functions of the select

20 committee.

21 SEC. 2. JURISDICTION.

22 (a) IN GENERAL.—There shall be referred to the se23 lect committee, concurrently with referral to any other

24 committee of the Senate with jurisdiction, all messages,
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1 petitions, memorials, and other matters relating to United

2 States-China national security relations.

3 (b) EFFECT ON OTHER COMMITTEES JURISDIC4 TION.—Nothing in this resolution shall be construed as

5 prohibiting or otherwise restricting the authority of any

6 other committee of the Senate or as amending, limiting,

7 or otherwise changing the authority of any standing com8 mittee of the Senate.

9 SEC. 3. REPORTS.

10 The select committee may, for the purposes of ac11 countability to the Senate, make such reports to the Sen12 ate with respect to matters within its jurisdiction as it

13 shall deem advisable which shall be referred to the appro14 priate committee. In making such reports, the select com15 mittee shall proceed in a manner consistent with the re16 quirements of national security.

17 SEC. 4. POWERS OF THE SELECT COMMITTEE.

18 (a) IN GENERAL.—For the purposes of this resolu19 tion, the select committee is authorized at its discretion—

20 (1) to make investigations into any matter with21 in its jurisdiction;

22 (2) to hold hearings;

23 (3) to sit and act at any time or place during

24 the sessions (subject to paragraph 5 of rule XXVI
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1 of the Standing Rules of the Senate), recesses, and

2 adjourned periods of the Senate;

3 (4) to require, by subpoena or otherwise, the at4 tendance of witnesses and the production of cor5 respondence, books, papers, and documents;

6 (5) to make expenditures from the contingent

7 fund of the Senate to carry out its functions and to

8 employ personnel, subject to procedures of para9 graph 9 of rule XXVI of the Standing Rules of the

10 Senate; and

11 (6) with the prior consent of the Government

12 department or agency concerned and the Committee

13 on Rules and Administration, to use on a reimburs14 able, or nonreimbursable basis the services of per15 sonnel of any such department or agency.

16 (b) OATHS.—The chairman of the select committee

17 or any member thereof may administer oaths to witnesses.

18 (c) SUBPOENAS.—Subpoenas authorized by a major19 ity of the select committee shall be issued over the signa20 ture of the chairman and may be served by any person

21 designated by the chairman.

22 SEC. 5. TREATMENT OF CLASSIFIED INFORMATION.

23 (a) EMPLOYEES.—

24 (1) IN GENERAL.—No employee of the select

25 committee or person engaged to perform services for
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1 or at the request of such committee unless such em2 ployee or person has—

3 (A) agreed in writing and under oath to be

4 bound by the rules of the Senate and of such

5 committee as to the security of such informa6 tion during and after the period of his employ7 ment or relationship with such committee; and

8 (B) received an appropriate security clear9 ance as determined by such committee in con10 sultation with the Director of Central Intel11 ligence.

12 (2) CLEARANCE.—The type of security clear13 ance to be required in the case of any employee or

14 person under paragraph (1) shall, within the deter15 mination of such committee in consultation with the

16 Director of Central Intelligence, be commensurate

17 with the sensitivity of the classified information to

18 which such employee or person will be given access

19 by such committee.

20 (b) SECURITY OFFICER.—The select committee shall

21 designate a security officer qualified to administer appro22 priate security procedures to ensure the protection of con23 fidential and classified information in the possession of the

24 select committee and shall make suitable arrangements,

25 in consultation with the Office of Senate Security, for the
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1 physical protection and storage of classified information

2 in its possession.

3 SEC. 6. TREATMENT OF PRIVATE INFORMATION.

4 (a) RULES AND PROCEDURES.—The select com5 mittee shall formulate and carry out such rules and proce6 dures as it deems necessary to prevent the disclosure,

7 without the consent of the person or persons concerned,

8 of information in the possession of such committee which

9 unduly infringes upon the privacy or which violates the

10 constitutional rights of such person or persons.

11 (b) DISCLOSURE.—Nothing in this resolution shall be

12 construed to prevent the select committee from publicly

13 disclosing any such information in any case in which such

14 committee determines the national interest in the disclo15 sure of such information clearly outweighs any infringe16 ment on the privacy of any person or persons.

17 SEC. 7. PRESIDENTIAL REPRESENTATIVE.

18 The select committee is authorized to permit any per19 sonal representative of the President, designated by the

20 President to serve as a liaison to such committee, to at21 tend any closed meeting of such committee.

22 SEC. 8. TERMINATION OF SELECT COMMITTEE.

23 Unless specifically reauthorized, the select committee

24 shall terminate at the end of the 106th Congress. Upon

25 termination of the select committee, all records, files, doc-
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1 uments, and other materials in the possession, custody,

2 or control of the select committee, under appropriate con3 ditions established by the select committee, shall be trans4 ferred to the Secretary of the Senate.

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