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 Commit-
tee 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 ad-
journed, 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 enact-
ment 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 en-
hancement 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 man-
ufacture 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 re-
ferred 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 pri-
vate or government-owned commercial firms with respect
to the transfers or enhancements referred to in para-
graphs (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 influ-
ence any of the foregoing matters through political con-
tributions, commercial arrangements, or bribery, influ-
ence-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 Rep-
resentatives 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 com-
posed 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 Com-
mittee shall not count against the limitations on committee
service in clause 6(b)(2) of rule X.
(b) VACANCIES.—Any vacancy occurring in the member-
ship of the Select Committee shall be filled in the same man-
ner 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 re-
quire a majority of the committee to be actually present, ex-
cept that the Select Committee may designate a lesser num-
ber, but not less than 2, as a quorum for the purpose of hold-
ing hearings to take testimony and receive evidence.
(b) APPLICABILITY OF HOUSE RULES.—The Rules of
the House of Representatives applicable to standing commit-
tees shall govern the Select Committee where not inconsistent
with this resolution.
(c) RULES OF SELECT COMMITTEE.—The Select Com-
mittee 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 Rep-
resentatives.
SEC. 5. CLASSIFIED INFORMATION.
No employee of the Select Committee or any person en-
gaged 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 em-
ployee 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 informa-
tion during and after the period of his employment or
contractual agreement with the Select Committee); and
(2) received an appropriate security clearance as de-
termined 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 here-
in 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 pos-
session of such committee after a determination by such com-
mittee that the public interest would be served by such disclo-
sure. 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 com-
mittee 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 estab-
lished security procedures, which has been submitted to it by
the executive branch, and which the executive branch re-
quests 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 Intel-
ligence 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 expi-
ration of such five-day period, the President, personally in
writing, notifies the Permanent Select Committee on Intel-
ligence 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 in-
terest 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 para-
graph (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 Intel-
ligence votes to refer the question of disclosure of any infor-
mation 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 fol-
lowing 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 inter-
vening 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 re-
cess 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 Perma-
nent Select Committee on Intelligence?’’.
(7) After not more than two hours of debate on the mo-
tion, 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 pre-
vious 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 ques-
tion 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 intelligence-
related 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 em-
ployee 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 de-
scribed in paragraph (1) available to any other committee or
any other Member of the House and permit any other Mem-
ber 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 Speak-
er), 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 Mem-
ber of the House who, and no committee which, receives any
information under this paragraph, shall disclose such infor-
mation 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 em-
ployee 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 unau-
thorized disclosure by a Member, officer, or employee of the
House, it shall report its findings to the House and rec-
ommend 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 em-
ployee.
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 Com-
mittee. In the case of the Permanent Select Committee on In-
telligence, 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 tes-
timony 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 nec-
essary, 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
INTERROG-
ATORIES.—Unless otherwise determined by the Select Com-
mittee, the Chairman, upon consultation with the ranking mi-
nority 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 Com-
mittee to conduct any deposition.
(c) INTERNATIONAL AUTHORITIES.—Unless otherwise
determined by the Select Committee, the Chairman of the Se-
lect 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 roga-
tory, 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 investigat-
ing the subjects set forth in this resolution and since informa-
tion necessary for this investigation cannot reasonably be ob-
tained 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 Treas-
ury, related to individuals and entities named by the Select
Committee as possible participants, beneficiaries, or inter-
mediaries 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 COMMIT-
TEE.
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 Commit-
tee on Standards of Official Conduct may investigate any un-
authorized 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 con-
clusion 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, in-
cluding nondisclosure agreements. The Select Committee
shall, as appropriate, provide access to information and pro-
ceedings to the Speaker and the minority leader and an ap-
propriately 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 re-
spond to any judicial or other process, or to make any appli-
cations to court, upon consultation with the Speaker consist-
ent 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, techni-
cians, attorneys, investigators, clerical and stenographic as-
sistants, and other appropriate staff as the Chairman consid-
ers 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 minor-
ity member, shall be deemed staff of the Select Committee to
the extent necessary to carry out the purposes of this resolu-
tion.
(b) PAYMENT OF EXPENSES.—(1) The Select Committee
may reimburse the members of its staff for travel, subsist-
ence, 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 ex-
penses 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 COMMIT-
TEE.
The Select Committee shall be deemed a committee of
the House for all purposes of the rules of the House of Rep-
resentatives 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 Mu-
tual 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 Commit-
tee, 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.