House Calendar No. 209

105TH CONGRESS

2D SESSION H. RES. 463

[Report No. 105–582]

RESOLUTION

To establish the Select Committee on U.S. National

the People’s Republic of China.Security and Military/Commercial Concerns With

JUNE 16, 1998

Reported with an amendment, referred to the House

Calendar, and ordered to be printed
IV

House Calendar No. 209

105TH CONGRESS

2D SESSION H. RES. 463

[Report No. 105–582]

To establish the Select Committee on U.S. National Security and Military/

Commercial Concerns With the People’s Republic of China.

IN THE HOUSE OF REPRESENTATIVES

JUNE 9, 1998

Mr. SOLOMON submitted the following resolution; which was referred to the

Committee on Rules

JUNE 16, 1998

Reported with an amendment, referred to the House Calendar, and ordered

to be printed

[Strike all after the resolving clause and insert the part printed in italic]

[For text of introduced resolution, see copy of resolution as introduced on June 9, 1998]

RESOLUTION

To establish the Select Committee on U.S. National Security

and Military/Commercial Concerns With the People’s Republic of China.

1 Resolved,

2 SECTION 1. ESTABLISHMENT.

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

4 National Security and Military/Commercial Concerns With
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1 the People’s Republic of China, (hereafter in this resolution

2 referred to as the ‘‘Select Committee’’). The Select Commit3 tee may sit and act during the present Congress at such

4 times and places within the United States, including any

5 Commonwealth or possession thereof, or in any other coun6 try, whether the House is in session, has recessed, or has

7 adjourned, as it shall deem appropriate for the completion

8 of its work.

9 SEC. 2. JURISDICTION.

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

11 a full and complete inquiry regarding the following matters

12 and report such findings and recommendations, including

13 those concerning the amendment of existing law or the en14 actment of new law, to the House as it considers appro15 priate:

16 (1) The transfer of technology, information, ad17 vice, goods, or services that may have contributed to

18 the enhancement of the accuracy, reliability, or capa19 bility of nuclear-armed intercontinental ballistic mis20 siles or other weapons of the People’s Republic of

21 China, or that may have contributed to the enhance22 ment of the intelligence capabilities of the People’s

23 Republic of China.

24 (2) The transfer of technology, information, ad25 vice, goods, or services that may have contributed to
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1 the manufacture of weapons of mass destruction, mis2 siles, or other weapons or armaments by the People’s

3 Republic of China.

4 (3) The effect of any transfer or enhancement re5 ferred to in paragraphs (1) or (2) on regional secu6 rity and the national security of the United States.

7 (4) The conduct of the executive branch of the

8 United States Government with respect to the trans9 fers or enhancements referred to in paragraphs (1) or

10 (2), and the effect of that conduct on regional security

11 and the national security of the United States.

12 (5) The conduct of defense contractors, weapons

13 manufacturers, satellite manufacturers, and other pri14 vate or government-owned commercial firms with re15 spect to the transfers or enhancements referred to in

16 paragraphs (1) or (2).

17 (6) The enforcement of United States law, in18 cluding statutes, regulations, or executive orders, with

19 respect to the transfers or enhancements referred to in

20 paragraphs (1) or (2).

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

22 Republic of China or any other person or entity to

23 influence any of the foregoing matters through politi24 cal contributions, commercial arrangements, or brib25 ery, influence-peddling, or other illegal activities.
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1 (8) Decision-making within the executive branch

2 of the United States Government with respect to any

3 of the foregoing matters.

4 (9) Any effort to conceal or withhold information

5 or documents relevant to any of the foregoing matters

6 or to obstruct justice, or to obstruct the work of the

7 Select Committee or any other committee of the House

8 of Representatives in connection with those matters.

9 (10) All matters relating directly or indirectly to

10 any of the foregoing matters.

11 (b) PERMITTING REPORTS TO BE MADE TO HOUSE

12 IN SECRET SESSION.—Any report to the House pursuant

13 to this section may, in the Select Committee’s discretion,

14 be made under the provisions of rule XXIX of the Rules

15 of the House of Representatives.

16 SEC. 3. COMPOSITION; VACANCIES.

17 (a) COMPOSITION.—The Select Committee shall be

18 composed of 9 or fewer Members of the House to be ap19 pointed by the Speaker of the House of Representatives, one

20 of whom he shall designate as Chairman. Service on the

21 Select Committee shall not count against the limitations on

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

23 (b) VACANCIES.—Any vacancy occurring in the mem24 bership of the Select Committee shall be filled in the same

25 manner in which the original appointment was made.
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1 SEC. 4. RULES APPLICABLE TO SELECT COMMITTEE.

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

3 Committee shall constitute a quorum for the transaction of

4 business other than the reporting of a matter, which shall

5 require a majority of the committee to be actually present,

6 except that the Select Committee may designate a lesser

7 number, but not less than 2, as a quorum for the purpose

8 of holding hearings to take testimony and receive evidence.

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

10 the House of Representatives applicable to standing com11 mittees shall govern the Select Committee where not incon12 sistent with this resolution.

13 (c) RULES OF SELECT COMMITTEE.—The Select Com14 mittee shall adopt additional written rules, which shall be

15 public, to govern its procedures, which shall not be incon16 sistent with this resolution or the Rules of the House of Rep17 resentatives.

18 SEC. 5. CLASSIFIED INFORMATION.

19 No employee of the Select Committee or any person

20 engaged by contract or otherwise to perform services for or

21 at the request of such committee shall be given access to

22 any classified information by such committee unless such

23 employee or person has—

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

25 bound by the rules of the House (including the juris26 diction of the Committee on Standards of Official
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1 Conduct and of the Select Committee as to the secu2 rity of such information during and after the period

3 of his employment or contractual agreement with the

4 Select Committee); and

5 (2) received an appropriate security clearance as

6 determined by the Select Committee in consultation

7 with the Director of Central Intelligence.

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

9 of any such employee or person shall, within the determina10 tion of the Select Committee in consultation with the Direc11 tor of Central Intelligence, be commensurate with the sen12 sitivity of the classified information to which such employee

13 or person will be given access by such committee.

14 SEC. 6. LIMITS ON DISCLOSURE OF INFORMATION.

15 The Select Committee shall formulate and carry out

16 such rules and procedures as it deems necessary to prevent

17 the disclosure, without the consent of the person or persons

18 concerned, of information in the possession of such commit19 tee which unduly infringes upon the privacy or which vio20 lates the constitutional rights of such person or persons.

21 Nothing herein shall be construed to prevent such committee

22 from publicly disclosing any such information in any case

23 in which such committee determines that national interest

24 in the disclosure of such information clearly outweighs any

25 infringement on the privacy of any person or persons.
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1 SEC. 7. PROCEDURES FOR HANDLING INFORMATION.

2 (a) The Select Committee may, subject to the provi3 sions of this section, disclose publicly any information in

4 the possession of such committee after a determination by

5 such committee that the public interest would be served by

6 such disclosure. Whenever committee action is required to

7 disclose any information under this section, the committee

8 shall meet to vote on the matter within five days after any

9 member of the committee requests such a vote. No member

10 of the Select Committee shall disclose any information, the

11 disclosure of which requires a committee vote, prior to a

12 vote by the committee on the question of the disclosure of

13 such information or after such vote except in accordance

14 with this section. In any case in which the Select Committee

15 votes to disclose publicly any information, which has been

16 classified under established security procedures, which has

17 been submitted to it by the executive branch, and which the

18 executive branch requests be kept secret, the Select Commit19 tee shall submit such classified information to the Perma20 nent Select Committee on Intelligence.

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

22 any case in which the Permanent Select Committee on In23 telligence votes to disclose publicly any information submit24 ted pursuant to subsection (a), which has been classified

25 under established security procedures, which has been sub26 mitted to the Select Committee by the executive branch, and
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1 which the executive branch has requested be kept secret, the

2 Permanent Select Committee on Intelligence shall notify the

3 President of such vote.

4 (2) The Permanent Select Committee on Intelligence

5 may disclose publicly such information after the expiration

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

7 such vote is transmitted to the President, unless, prior to

8 the expiration of such five-day period, the President, per9 sonally in writing, notifies the Permanent Select Committee

10 on Intelligence that he objects to the disclosure of such infor11 mation, provides his reasons therefor, and certifies that the

12 threat to the national interest of the United States posed

13 by such disclosure is of such gravity that it outweighs any

14 public interest in the disclosure.

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

16 Permanent Select Committee on Intelligence of his objec17 tions to the disclosure of such information as provided in

18 paragraph (2), the Permanent Select Committee on Intel19 ligence may, by majority vote, refer the question of this dis20 closure of such information with a recommendation thereon

21 to the House for consideration. The Permanent Select Com22 mittee on Intelligence shall not publicly disclose such infor23 mation without leave of the House.

24 (4) Whenever the Permanent Select Committee on In25 telligence votes to refer the question of disclosure of any in-
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1 formation to the House under paragraph (3), the chairman

2 of the Permanent Select Committee on Intelligence shall, not

3 later than the first day on which the House is in session

4 following the day on which the vote occurs, report the mat5 ter to the House for its consideration.

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

7 is in session, after such recommendation is reported, no mo8 tion has been made by the chairman of the Permanent Se9 lect Committee on Intelligence to consider, in closed session,

10 the matter reported under paragraph (4), then such a mo11 tion will be deemed privileged and may be made by any

12 Member. The motion under this paragraph shall not be sub13 ject to debate or amendment. When made, it shall be decided

14 without intervening motion, except one motion to adjourn.

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

16 session, the Speaker shall then be authorized to declare a

17 recess subject to the call of the Chair. At the expiration of

18 such recess, the pending question, in closed session, shall

19 be, ‘‘Shall the House approve the recommendation of the

20 Permanent Select Committee on Intelligence?’’

21 (7) After not more than two hours of debate on the

22 motion, such debate to be equally divided and controlled by

23 the chairman and ranking minority member of the Perma24 nent Select Committee on Intelligence, or their designees,

25 the previous question shall be considered as ordered and the
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1 House, without intervening motion except one motion to ad2 journ, shall immediately vote on the question, in open ses3 sion but without divulging the information with respect to

4 which the vote is being taken. If the recommendation of the

5 Permanent Select Committee on Intelligence is not agreed

6 to, the question shall be deemed recommitted to the Perma7 nent Select Committee on Intelligence for further rec8 ommendation.

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

10 Committee relating to the lawful intelligence or intelligence11 related activities of any department or agency of the United

12 States which has been classified under established security

13 procedures and which the Select Committee, the Permanent

14 Select Committee on Intelligence, or the House pursuant to

15 this section, has determined should not be disclosed shall

16 be made available to any person by a Member, officer, or

17 employee of the House except as provided in paragraph (2).

18 (2) The Select Committee shall, under such regulations

19 as the committee shall prescribe, make any information de20 scribed in paragraph (1) available to any other committee

21 or any other Member of the House and permit any other

22 Member of the House to attend any hearing of the committee

23 which is closed to the public. Whenever the Select Committee

24 makes such information available (other than to the Speak25 er), the committee shall keep a written record showing, in
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1 the case of any particular information, which committee

2 or which Members of the House received such information.

3 No Member of the House who, and no committee which, re4 ceives any information under this paragraph, shall disclose

5 such information except in a closed session of the House.

6 (d) The Committee on Standards of Official Conduct

7 shall investigate any unauthorized disclosure of intelligence

8 or intelligence-related information by a Member, officer, or

9 employee of the House in violation of subsection (c) and

10 report to the House concerning any allegation which it

11 finds to be substantiated.

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

13 any such investigation, the Committee on Standards of Of14 ficial Conduct shall release to such individual at the conclu15 sion of its investigation a summary of its investigation, to16 gether with its findings. If, at the conclusion of its inves17 tigation, the Committee on Standards of Official Conduct

18 determines that there has been a significant breach of con19 fidentiality or unauthorized disclosure by a Member, officer,

20 or employee of the House, it shall report its findings to the

21 House and recommend appropriate action such as censure,

22 removal from committee membership, or expulsion from the

23 House, in the case of a Member, or removal from office or

24 employment or punishment for contempt, in the case of an

25 officer or employee.
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1 SEC. 8. TRANSFER OF INFORMATION TO SELECT COM2 MITTEE.

3 Any committee of the House of Representatives having

4 custody of records, data, charts, and files concerning sub5 jects within the jurisdiction of the Select Committee shall

6 furnish the originals or copies of such materials to the Select

7 Committee. In the case of the Permanent Select Committee

8 on Intelligence, such materials shall be made available pur9 suant to clause 7(c)(2) of rule XLVIII.

10 SEC. 9. INFORMATION GATHERING.

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

12 to require, by subpoena or otherwise, the attendance and

13 testimony of such witnesses, the furnishing of such informa14 tion by interrogatory, and the production of such books,

15 records, correspondence, memoranda, papers, documents,

16 calendars, recordings, electronic communications, data

17 compilations from which information can be obtained, tan18 gible objects, and other things and information of any kind

19 as it deems necessary, including all intelligence materials

20 however classified, White House materials, and materials

21 pertaining to unvouchered expenditures or concerning com22 munications interceptions or surveillance.

23 (b) SUBPOENAS, DEPOSITIONS AND INTERROG24 ATORIES.—Unless otherwise determined by the Select Com25 mittee, the Chairman, upon consultation with the ranking

26 minority member, or the Select Committee may—
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1 (1) authorize and issue subpoenas;

2 (2) order the taking of depositions, interrog3 atories, or affidavits under oath or otherwise; and

4 (3) designate a member or staff of the Select

5 Committee to conduct any deposition.

6 (c) INTERNATIONAL AUTHORITIES.—Unless otherwise

7 determined by the Select Committee, the Chairman of the

8 Select Committee, upon consultation with the ranking mi9 nority member of the Select Committee, or the Select Com10 mittee may—

11 (1) authorize the taking of depositions and other

12 testimony, under oath or otherwise, anywhere outside

13 the United States; and

14 (2) make application for issuance of letters roga15 tory, and request through appropriate channels, other

16 means of international assistance, as appropriate.

17 (d) HANDLING OF INFORMATION.—Information ob18 tained under the authority of this section shall be—

19 (1) considered as taken by the Select Committee

20 in the District of Columbia, as well as the location

21 actually taken; and

22 (2) considered to be taken in executive session.

23 SEC. 10. TAX RETURNS.

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

25 Internal Revenue Code of 1986, for the purpose of inves-
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1 tigating the subjects set forth in this resolution and since

2 information necessary for this investigation cannot reason3 ably be obtained from any other source, the Select Commit4 tee shall be specially authorized to inspect and receive for

5 the tax years 1988 through 1998 any tax return, return

6 information, or other tax-related material, held by the Sec7 retary of the Treasury, related to individuals and entities

8 named by the Select Committee as possible participants,

9 beneficiaries, or intermediaries in the transactions under

10 investigation. As specified by section 6103(f)(3) of the Inter11 nal Revenue Code of 1986, such materials and information

12 shall be furnished in closed executive session.

13 SEC. 11. ACCESS TO INFORMATION OF THE SELECT COM14 MITTEE.

15 The Select Committee shall provide other committees

16 and Members of the House with access to information and

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

18 except that the Select Committee may direct that particular

19 matters or classes of matter shall not be made available to

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

21 any other restriction. The Select Committee may require its

22 staff to enter nondisclosure agreements, and its chairman,

23 in consultation with the ranking minority member, may

24 require others, such as counsel for witnesses, to do so. The

25 Committee on Standards of Official Conduct may inves-
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1 tigate any unauthorized disclosure of such classified infor2 mation by a Member, officer, or employee of the House or

3 other covered person upon request of the Select Committee.

4 If, at the conclusion of its investigation, the Committee on

5 Standards of Official Conduct determines that there has

6 been a significant unauthorized disclosure, it shall report

7 its findings to the House and recommend appropriate sanc8 tions for the Member, officer, employee, or other covered per9 son consistent with clause 7(e) of rule XLVIII and any com10 mittee restriction, including nondisclosure agreements. The

11 Select Committee shall, as appropriate, provide access to

12 information and proceedings to the Speaker and the minor13 ity leader and an appropriately cleared and designated

14 member of each staff.

15 SEC. 12. COOPERATION OF OTHER ENTITIES.

16 (a) COOPERATION OF OTHER COMMITTEES.—The Se17 lect Committee may submit to any standing committee spe18 cific matters within its jurisdiction and may request that

19 such committees pursue such matters further.

20 (b) COOPERATION OF OTHER FEDERAL ENTITIES.—

21 The Chairman of the Select Committee, upon consultation

22 with the ranking minority member, or the Select Committee

23 may request investigations, reports, and other assistance

24 from any agency of the executive, legislative, and judicial

25 branches of the Federal Government.
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1 SEC. 13. ACCESS AND RESPONSE TO JUDICIAL PROCESS.

2 In addition to any applications to court in response

3 to judicial process that may be made in behalf of the House

4 by its counsel, the Select Committee shall be authorized to

5 respond to any judicial or other process, or to make any

6 applications to court, upon consultation with the Speaker

7 consistent with rule L.

8 SEC. 14. ADMINISTRATIVE MATTERS.

9 (a) PERSONNEL.—The Chairman, upon consultation

10 with the ranking minority member, may employ and fix

11 the compensation of such clerks, experts, consultants, techni12 cians, attorneys, investigators, clerical and stenographic as13 sistants, and other appropriate staff as the Chairman con14 siders necessary to carry out the purposes of this resolution.

15 Detailees from the executive branch or staff of the House

16 or a joint committee, upon the request of the Chairman of

17 the Select Committee, upon consultation with the ranking

18 minority member, shall be deemed staff of the Select Com19 mittee to the extent necessary to carry out the purposes of

20 this resolution.

21 (b) PAYMENT OF EXPENSES.—(1) The Select Commit22 tee may reimburse the members of its staff for travel, sub23 sistence, and other necessary expenses incurred by them in

24 the performance of the duties vested in the Select Committee.

25 (2) Not more than $2,500,000 are authorized for ex26 penses of the Select Committee for investigations and stud-
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1 ies, including for the procurement of the services of individ2 ual consultants or organizations thereof, and for training

3 of staff, to be paid out of the applicable accounts of the

4 House of Representatives upon vouchers signed by the

5 Chairman and approved in the manner directed by the

6 Committee on House Oversight.

7 SEC. 15. APPLICABILITY OF OTHER LAWS TO SELECT COM8 MITTEE.

9 The Select Committee shall be deemed a committee of

10 the House for all purposes of the rules of the House of Rep11 resentatives and shall be deemed a committee for all pur12 poses of law, including, but not limited to, section 202(f)

13 of the Legislative Reorganization Act of 1946 (2 U.S.C.

14 72a(f)), sections 102 and 104 of the Revised Statutes (2

15 U.S.C. 192 and 194), sections 1001, 1505, 1621, 6002, and

16 6005 of title 18, United States Code, section

17 502(b)(1)(B)(ii) of the Mutual Security Act of 1954 (22

18 U.S.C. 1754(b)(1)(B)(ii)), and section 734 of title 31,

19 United States Code.

20 SEC. 16. DISPOSITION OF RECORDS.

21 At the conclusion of the existence of the Select Commit22 tee, all records of the Select Committee shall be transferred

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

24 as directed by the Select Committee, consistent with appli25 cable rules and law concerning classified information.