H. Res. 463

In the House of Representatives, U.S.,

June 18, 1998.

Resolved,

SECTION 1. ESTABLISHMENT.

There is hereby created the Select Committee on U.S.

National Security and Military/Commercial Concerns With

the People’s Republic of China, (hereafter in this resolution

referred to as the ‘‘Select Committee’’). The Select Committee may sit and act during the present Congress at such

times and places within the United States, including any

Commonwealth or possession thereof, or in any other country,

whether the House is in session, has recessed, or has adjourned, as it shall deem appropriate for the completion of its

work.

SEC. 2. JURISDICTION.

(a) IN GENERAL.—The Select Committee shall conduct

a full and complete inquiry regarding the following matters

and report such findings and recommendations, including

those concerning the amendment of existing law or the enactment of new law, to the House as it considers appropriate:
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(1) The transfer of technology, information, advice,

goods, or services that may have contributed to the enhancement of the accuracy, reliability, or capability of

nuclear-armed intercontinental ballistic missiles or other

weapons of the People’s Republic of China, or that may

have contributed to the enhancement of the intelligence

capabilities of the People’s Republic of China.

(2) The transfer of technology, information, advice,

goods, or services that may have contributed to the manufacture of weapons of mass destruction, missiles, or

other weapons or armaments by the People’s Republic of

China.

(3) The effect of any transfer or enhancement referred to in paragraphs (1) or (2) on regional security

and the national security of the United States.

(4) The conduct of the executive branch of the

United States Government with respect to the transfers

or enhancements referred to in paragraphs (1) or (2),

and the effect of that conduct on regional security and

the national security of the United States.

(5) The conduct of defense contractors, weapons

manufacturers, satellite manufacturers, and other private or government-owned commercial firms with respect

to the transfers or enhancements referred to in paragraphs (1) or (2).
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(6) The enforcement of United States law, including

statutes, regulations, or executive orders, with respect to

the transfers or enhancements referred to in paragraphs

(1) or (2).

(7) Any effort by the Government of the People’s

Republic of China or any other person or entity to influence any of the foregoing matters through political contributions, commercial arrangements, or bribery, influence-peddling, or other illegal activities.

(8) Decision-making within the executive branch of

the United States Government with respect to any of the

foregoing matters.

(9) Any effort to conceal or withhold information or

documents relevant to any of the foregoing matters or to

obstruct justice, or to obstruct the work of the Select

Committee or any other committee of the House of Representatives in connection with those matters.

(10) All matters relating directly or indirectly to

any of the foregoing matters.

(b) PERMITTING REPORTS TO BE MADE TO HOUSE IN

SECRET SESSION.—Any report to the House pursuant to this

section may, in the Select Committee’s discretion, be made

under the provisions of rule XXIX of the Rules of the House

of Representatives.
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SEC. 3. COMPOSITION; VACANCIES.

(a) COMPOSITION.—The Select Committee shall be composed of 9 or fewer Members of the House to be appointed

by the Speaker of the House of Representatives, one of whom

he shall designate as Chairman. Service on the Select Committee shall not count against the limitations on committee

service in clause 6(b)(2) of rule X.

(b) VACANCIES.—Any vacancy occurring in the membership of the Select Committee shall be filled in the same manner in which the original appointment was made.

SEC. 4. RULES APPLICABLE TO SELECT COMMITTEE.

(a) QUORUM.—One-third of the members of the Select

Committee shall constitute a quorum for the transaction of

business other than the reporting of a matter, which shall require a majority of the committee to be actually present, except that the Select Committee may designate a lesser number, but not less than 2, as a quorum for the purpose of holding hearings to take testimony and receive evidence.

(b) APPLICABILITY OF HOUSE RULES.—The Rules of

the House of Representatives applicable to standing committees shall govern the Select Committee where not inconsistent

with this resolution.

(c) RULES OF SELECT COMMITTEE.—The Select Committee shall adopt additional written rules, which shall be

public, to govern its procedures, which shall not be inconsist-
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ent with this resolution or the Rules of the House of Representatives.

SEC. 5. CLASSIFIED INFORMATION.

No employee of the Select Committee or any person engaged by contract or otherwise to perform services for or at

the request of such committee shall be given access to any

classified information by such committee unless such employee or person has—

(1) agreed in writing and under oath to be bound

by the rules of the House (including the jurisdiction of

the Committee on Standards of Official Conduct and of

the Select Committee as to the security of such information during and after the period of his employment or

contractual agreement with the Select Committee); and

(2) received an appropriate security clearance as determined by the Select Committee in consultation with

the Director of Central Intelligence.

The type of security clearance to be required in the case of

any such employee or person shall, within the determination

of the Select Committee in consultation with the Director of

Central Intelligence, be commensurate with the sensitivity of

the classified information to which such employee or person

will be given access by such committee.
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SEC. 6. LIMITS ON DISCLOSURE OF INFORMATION.

The Select Committee shall formulate and carry out

such rules and procedures as it deems necessary to prevent

the disclosure, without the consent of the person or persons

concerned, of information in the possession of such committee

which unduly infringes upon the privacy or which violates the

constitutional rights of such person or persons. Nothing herein shall be construed to prevent such committee from publicly

disclosing any such information in any case in which such

committee determines that national interest in the disclosure

of such information clearly outweighs any infringement on

the privacy of any person or persons.

SEC. 7. PROCEDURES FOR HANDLING INFORMATION.

(a) The Select Committee may, subject to the provisions

of this section, disclose publicly any information in the possession of such committee after a determination by such committee that the public interest would be served by such disclosure. Whenever committee action is required to disclose any

information under this section, the committee shall meet to

vote on the matter within five days after any member of the

committee requests such a vote. No member of the Select

Committee shall disclose any information, the disclosure of

which requires a committee vote, prior to a vote by the committee on the question of the disclosure of such information

or after such vote except in accordance with this section. In

any case in which the Select Committee votes to disclose pub-
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licly any information, which has been classified under established security procedures, which has been submitted to it by

the executive branch, and which the executive branch requests be kept secret, the Select Committee shall submit such

classified information to the Permanent Select Committee on

Intelligence.

(b)(1) As set forth in clause 7(b) of rule XLVIII, in any

case in which the Permanent Select Committee on Intelligence votes to disclose publicly any information submitted

pursuant to subsection (a), which has been classified under

established security procedures, which has been submitted to

the Select Committee by the executive branch, and which the

executive branch has requested be kept secret, the Permanent

Select Committee on Intelligence shall notify the President of

such vote.

(2) The Permanent Select Committee on Intelligence

may disclose publicly such information after the expiration of

a five-day period following the day on which notice of such

vote is transmitted to the President, unless, prior to the expiration of such five-day period, the President, personally in

writing, notifies the Permanent Select Committee on Intelligence that he objects to the disclosure of such information,

provides his reasons therefore, and certifies that the threat

to the national interest of the United States posed by such
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disclosure is of such gravity that it outweighs any public interest in the disclosure.

(3) If the President, personally, in writing, notifies the

Permanent Select Committee on Intelligence of his objections

to the disclosure of such information as provided in paragraph (2), the Permanent Select Committee on Intelligence

may, by majority vote, refer the question of this disclosure of

such information with a recommendation thereon to the

House for consideration. The Permanent Select Committee

on Intelligence shall not publicly disclose such information

without leave of the House.

(4) Whenever the Permanent Select Committee on Intelligence votes to refer the question of disclosure of any information to the House under paragraph (3), the chairman of

the Permanent Select Committee on Intelligence shall, not

later than the first day on which the House is in session following the day on which the vote occurs, report the matter

to the House for its consideration.

(5) If within four calendar days on which the House is

in session, after such recommendation is reported, no motion

has been made by the chairman of the Permanent Select

Committee on Intelligence to consider, in closed session, the

matter reported under paragraph (4), then such a motion will

be deemed privileged and may be made by any Member. The

motion under this paragraph shall not be subject to debate
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or amendment. When made, it shall be decided without intervening motion, except one motion to adjourn.

(6) If the House adopts a motion to resolve into closed

session, the Speaker shall then be authorized to declare a recess subject to the call of the Chair. At the expiration of such

recess, the pending question, in closed session, shall be,

‘‘Shall the House approve the recommendation of the Permanent Select Committee on Intelligence?’’.

(7) After not more than two hours of debate on the motion, such debate to be equally divided and controlled by the

chairman and ranking minority member of the Permanent

Select Committee on Intelligence, or their designees, the previous question shall be considered as ordered and the House,

without intervening motion except one motion to adjourn,

shall immediately vote on the question, in open session but

without divulging the information with respect to which the

vote is being taken. If the recommendation of the Permanent

Select Committee on Intelligence is not agreed to, the question shall be deemed recommitted to the Permanent Select

Committee on Intelligence for further recommendation.

(c)(1) No information in the possession of the Select

Committee relating to the lawful intelligence or intelligencerelated activities of any department or agency of the United

States which has been classified under established security

procedures and which the Select Committee, the Permanent
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Select Committee on Intelligence, or the House pursuant to

this section, has determined should not be disclosed shall be

made available to any person by a Member, officer, or employee of the House except as provided in paragraph (2).

(2) The Select Committee shall, under such regulations

as the committee shall prescribe, make any information described in paragraph (1) available to any other committee or

any other Member of the House and permit any other Member of the House to attend any hearing of the committee

which is closed to the public. Whenever the Select Committee

makes such information available (other than to the Speaker), the committee shall keep a written record showing, in the

case of any particular information, which committee or which

Members of the House received such information. No Member of the House who, and no committee which, receives any

information under this paragraph, shall disclose such information except in a closed session of the House.

(d) The Committee on Standards of Official Conduct

shall investigate any unauthorized disclosure of intelligence or

intelligence-related information by a Member, officer, or employee of the House in violation of subsection (c) and report

to the House concerning any allegation which it finds to be

substantiated.

(e) Upon the request of any person who is subject to any

such investigation, the Committee on Standards of Official
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Conduct shall release to such individual at the conclusion of

its investigation a summary of its investigation, together with

its findings. If, at the conclusion of its investigation, the

Committee on Standards of Official Conduct determines that

there has been a significant breach of confidentiality or unauthorized disclosure by a Member, officer, or employee of the

House, it shall report its findings to the House and recommend appropriate action such as censure, removal from

committee membership, or expulsion from the House, in the

case of a Member, or removal from office or employment or

punishment for contempt, in the case of an officer or employee.

SEC. 8. TRANSFER OF INFORMATION TO SELECT COMMITTEE.

Any committee of the House of Representatives having

custody of records, data, charts, and files concerning subjects

within the jurisdiction of the Select Committee shall furnish

the originals or copies of such materials to the Select Committee. In the case of the Permanent Select Committee on Intelligence, such materials shall be made available pursuant to

clause 7(c)(2) of rule XLVIII.

SEC. 9. INFORMATION GATHERING.

(a) IN GENERAL.—The Select Committee is authorized

to require, by subpoena or otherwise, the attendance and testimony of such witnesses, the furnishing of such information

by interrogatory, and the production of such books, records,
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correspondence, memoranda, papers, documents, calendars,

recordings, electronic communications, data compilations

from which information can be obtained, tangible objects, and

other things and information of any kind as it deems necessary, including all intelligence materials however classified,

White House materials, and materials pertaining to

unvouchered expenditures or concerning communications

interceptions or surveillance.

(b) SUBPOENAS, DEPOSITIONS AND INTERROGATORIES.—Unless otherwise determined by the Select Committee, the Chairman, upon consultation with the ranking minority member, or the Select Committee may—

(1) authorize and issue subpoenas;

(2) order the taking of depositions, interrogatories,

or affidavits under oath or otherwise; and

(3) designate a member or staff of the Select Committee to conduct any deposition.

(c) INTERNATIONAL AUTHORITIES.—Unless otherwise

determined by the Select Committee, the Chairman of the Select Committee, upon consultation with the ranking minority

member of the Select Committee, or the Select Committee

may—

(1) authorize the taking of depositions and other

testimony, under oath or otherwise, anywhere outside the

United States; and
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(2) make application for issuance of letters rogatory, and request through appropriate channels, other

means of international assistance, as appropriate.

(d) HANDLING OF INFORMATION.—Information obtained

under the authority of this section shall be—

(1) considered as taken by the Select Committee in

the District of Columbia, as well as the location actually

taken; and

(2) considered to be taken in executive session.

SEC. 10. TAX RETURNS.

Pursuant to sections 6103(f)(3) and 6104(a)(2) of the

Internal Revenue Code of 1986, for the purpose of investigating the subjects set forth in this resolution and since information necessary for this investigation cannot reasonably be obtained from any other source, the Select Committee shall be

specially authorized to inspect and receive for the tax years

1988 through 1998 any tax return, return information, or

other tax-related material, held by the Secretary of the Treasury, related to individuals and entities named by the Select

Committee as possible participants, beneficiaries, or intermediaries in the transactions under investigation. As specified

by section 6103(f)(3) of the Internal Revenue Code of 1986,

such materials and information shall be furnished in closed

executive session.
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SEC. 11. ACCESS TO INFORMATION OF THE SELECT COMMITTEE.

The Select Committee shall provide other committees

and Members of the House with access to information and

proceedings, consistent with clause 7(c)(2) of rule XLVIII,

except that the Select Committee may direct that particular

matters or classes of matter shall not be made available to

any person by its members, staff, or others, or may impose

any other restriction. The Select Committee may require its

staff to enter nondisclosure agreements, and its chairman, in

consultation with the ranking minority member, may require

others, such as counsel for witnesses, to do so. The Committee on Standards of Official Conduct may investigate any unauthorized disclosure of such classified information by a

Member, officer, or employee of the House or other covered

person upon request of the Select Committee. If, at the conclusion of its investigation, the Committee on Standards of

Official Conduct determines that there has been a significant

unauthorized disclosure, it shall report its findings to the

House and recommend appropriate sanctions for the Member,

officer, employee, or other covered person consistent with

clause 7(e) of rule XLVIII and any committee restriction, including nondisclosure agreements. The Select Committee

shall, as appropriate, provide access to information and proceedings to the Speaker and the minority leader and an appropriately cleared and designated member of each staff.
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SEC. 12. COOPERATION OF OTHER ENTITIES.

(a) COOPERATION OF OTHER COMMITTEES.—The Select

Committee may submit to any standing committee specific

matters within its jurisdiction and may request that such

committees pursue such matters further.

(b) COOPERATION OF OTHER FEDERAL ENTITIES.—The

Chairman of the Select Committee, upon consultation with

the ranking minority member, or the Select Committee may

request investigations, reports, and other assistance from any

agency of the executive, legislative, and judicial branches of

the Federal Government.

SEC. 13. ACCESS AND RESPONSE TO JUDICIAL PROCESS.

In addition to any applications to court in response to

judicial process that may be made in behalf of the House by

its counsel, the Select Committee shall be authorized to respond to any judicial or other process, or to make any applications to court, upon consultation with the Speaker consistent with rule L.

SEC. 14. ADMINISTRATIVE MATTERS.

(a) PERSONNEL.—The Chairman, upon consultation

with the ranking minority member, may employ and fix the

compensation of such clerks, experts, consultants, technicians, attorneys, investigators, clerical and stenographic assistants, and other appropriate staff as the Chairman considers necessary to carry out the purposes of this resolution.

Detailees from the executive branch or staff of the House or
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a joint committee, upon the request of the Chairman of the

Select Committee, upon consultation with the ranking minority member, shall be deemed staff of the Select Committee to

the extent necessary to carry out the purposes of this resolution.

(b) PAYMENT OF EXPENSES.—(1) The Select Committee

may reimburse the members of its staff for travel, subsistence, and other necessary expenses incurred by them in the

performance of the duties vested in the Select Committee.

(2) Not more than $2,500,000 are authorized for expenses of the Select Committee for investigations and studies,

including for the procurement of the services of individual

consultants or organizations thereof, and for training of staff,

to be paid out of the applicable accounts of the House of

Representatives upon vouchers signed by the Chairman and

approved in the manner directed by the Committee on House

Oversight.

SEC. 15. APPLICABILITY OF OTHER LAWS TO SELECT COMMITTEE.

The Select Committee shall be deemed a committee of

the House for all purposes of the rules of the House of Representatives and shall be deemed a committee for all purposes

of law, including, but not limited to, section 202(f) of the

Legislative Reorganization Act of 1946 (2 U.S.C. 72a(f)),

sections 102 and 104 of the Revised Statutes (2 U.S.C. 192
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and 194), sections 1001, 1505, 1621, 6002, and 6005 of title

18, United States Code, section 502(b)(1)(B)(ii) of the Mutual Security Act of 1954 (22 U.S.C. 1754(b)(1)(B)(ii)), and

section 734 of title 31, United States Code.

SEC. 16. DISPOSITION OF RECORDS.

At the conclusion of the existence of the Select Committee, all records of the Select Committee shall be transferred

to other committees, or stored by the Clerk of the House, as

directed by the Select Committee, consistent with applicable

rules and law concerning classified information.

Attest:

Clerk.