IV
105TH CONGRESS
2D SESSION
H. RES. 463
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
RESOLUTION
To establish the Select Committee on U.S. National Security
and Military/Commercial Concerns With the People’s Re-
public of China.
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 Act
referred to as the ‘‘Select Committee’’). The Select Com-
mittee 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,
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or has adjourned, as it shall deem appropriate for the com-
pletion of its work.
SEC. 2. JURISDICTION.
(a) IN GENERAL.—The Select Committee shall con-
duct 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:
(1) The transfer of technology, information, ad-
vice, goods, or services that may have contributed to
the enhancement of the accuracy, reliability, or capa-
bility of nuclear-armed intercontinental ballistic mis-
siles or other weapons of the People’s Republic of
China, or that may have contributed to the enhance-
ment of the domestic or foreign intelligence capabili-
ties of the People’s Republic of China.
(2) The transfer of technology, information, ad-
vice, goods, or services that may have contributed to
the manufacture of weapons of mass destruction,
missiles, or other weapons or armaments by the Peo-
ple’s Republic of China.
(3) The effect of any transfer or enhancement
referred to in paragraphs (1) or (2) on regional se-
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curity and the national security of the United
States, its friends, and its allies.
(4) The conduct of the executive branch of the
United States Government with respect to the trans-
fers or enhancements referred to in paragraphs (1)
or (2), and the effect of that conduct on the national
security of the United States, its friends, and its al-
lies.
(5) The conduct of defense contractors, weap-
ons manufacturers, satellite manufacturers, and
other private or government-owned commercial firms
with respect to the transfers or enhancements re-
ferred to in paragraphs (1) or (2).
(6) The enforcement of United States law, in-
cluding statutes, regulations, or executive orders,
with respect to the transfers or enhancements re-
ferred to in paragraphs (1) or (2).
(7) Any effort by the Government of the Peo-
ple’s Republic of China or any other person or entity
to influence any of the foregoing matters through
political contributions, bribery, influence-peddling, or
otherwise.
(8) 
Decision-making 
within 
the 
executive
branch of the United States Government with re-
spect to any of the foregoing matters.
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(9) Any effort to conceal or withhold informa-
tion or documents relevant to any of the foregoing
matters or to otherwise obstruct justice, or to ob-
struct the work of the Select Committee or any
other committee of the Congress 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.
SEC. 3. COMPOSITION; VACANCIES.
(a) COMPOSITION.—The Select Committee shall be
composed of 8 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 com-
mittee service in clause 6(b)(2) of rule X.
(b) VACANCIES.—Any vacancy occurring in the mem-
bership of the Select Committee shall be filled in the same
manner in which the original appointment was made.
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SEC. 4. RULES APPLICABLE TO SELECT COMMITTEE.
(a) QUORUM.—One-third of the members of the Se-
lect Committee shall constitute a quorum for the trans-
action of business other than the reporting of a matter,
which shall require a majority of the committee to be actu-
ally present, except that the Select Committee may des-
ignate a lesser number, but not less than two, 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 inconsistent 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 juris-
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diction of the Committee on Standards of Official
Conduct and of the Select Committee as to the secu-
rity 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 consulta-
tion 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 deter-
mination 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.
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 per-
sons 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 na-
tional interest in the disclosure of such information clearly
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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 provi-
sions 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 commit-
tee 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 infor-
mation, 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 publicly any informa-
tion, which has been classified under established security
procedures, which has been submitted to it by the execu-
tive branch, and which the executive branch requests be
kept secret, the Select Committee shall submit such classi-
fied 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 In-
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telligence votes to disclose publicly any information sub-
mitted pursuant to subsection (a), which has been classi-
fied 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 Intel-
ligence 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, per-
sonally in writing, notifies the Permanent Select Commit-
tee on Intelligence that he objects to the disclosure of such
information, provides his reasons therefor, and certifies
that the threat to the national interest of the United
States posed by such 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 ob-
jections to the disclosure of such information as provided
in paragraph (2), the Permanent Select Committee on In-
telligence may, by majority vote, refer the question of this
disclosure of such information with a recommendation
thereon to the House for consideration. The Permanent
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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 chair-
man 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, re-
port 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 ses-
sion, 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 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 de-
clare a recess subject to the call of the Chair. At the expi-
ration of such recess, the pending question, in closed ses-
sion, shall be, ‘‘Shall the House approve the recommenda-
tion of the Permanent Select Committee on Intelligence?’’
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(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 Per-
manent Select Committee on Intelligence, or their des-
ignees, the previous question shall be considered as or-
dered and the House, without intervening motion except
one motion to adjourn, shall immediately vote on the ques-
tion, in open session but without divulging the information
with respect to which the vote is being taken. If the rec-
ommendation of the Permanent Select Committee on In-
telligence is not agreed to, the question shall be deemed
recommitted to the Permanent Select Committee on Intel-
ligence for further recommendation.
(c)(1) No information in the possession of the Select
Committee relating to the lawful intelligence or intel-
ligence-related activities of any department or agency of
the United States which has been classified under estab-
lished security procedures and which the Select Commit-
tee, the Permanent 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 regula-
tions as the committee shall prescribe, make any informa-
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tion described in paragraph (1) available to any other com-
mittee 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 Se-
lect 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 intel-
ligence 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 Conduct shall release to such individual at the
conclusion of its investigation a summary of its investiga-
tion, 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
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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 ac-
tion such as censure, removal from committee member-
ship, or expulsion from the House, in the case of a Mem-
ber, 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 COM-
MITTEE.
Any committee of the House of Representatives hav-
ing 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 author-
ized 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, correspondence, memoranda, papers, docu-
ments, calendars, recordings, electronic communications,
data compilations from which information can be obtained,
tangible objects, and other things and information of any
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kind as it deems necessary, including all intelligence mate-
rials however classified, White House materials, and mate-
rials pertaining to unvouchered expenditures or concerning
communications interceptions or surveillance.
(b) SUBPOENAS, DEPOSITIONS
AND
INTERROG-
ATORIES.—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, interrog-
atories, 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 other-
wise determined by the Select Committee, the Chairman
of the Select Committee, upon consultation with the rank-
ing minority member of the Select Committee, or the Se-
lect Committee may—
(1) order the taking of depositions and other
testimony, under oath or otherwise, anywhere out-
side the United States; and
(2) make application for issuance of letters rog-
atory, and request through appropriate channels,
other means of international assistance, as appro-
priate.
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(d) HANDLING OF INFORMATION.—Information ob-
tained under the authority of this section shall be—
(1) considered as taken by the Select Commit-
tee in the District of Columbia, as well as the loca-
tion 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 re-
ceive for the tax years 1991 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 partici-
pants, 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.
SEC. 11. ACCESS TO INFORMATION OF THE SELECT COM-
MITTEE.
The Select Committee shall provide other committees
and Members of the House with access to information and
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proceedings, consistent with clause 7(c)(2) of rule XLVIII,
except that the Select Committee may direct that particu-
lar 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 wit-
nesses, to do so. The Committee on Standards of Official
Conduct may investigate any unauthorized disclosure of
such classified information by a Member, officer, or em-
ployee of the House or other covered person upon request
of the Select Committee. If, at the conclusion of its inves-
tigation, 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, includ-
ing nondisclosure agreements. The Select Committee shall,
as appropriate, provide access to information and proceed-
ings to the Speaker and the minority leader and their ap-
propriately cleared and designated 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 Commit-
tee may request investigations, reports, and other assist-
ance from any agency of the executive, legislative, and ju-
dicial 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 au-
thorized 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 steno-
graphic assistants, and other appropriate staff as the
Chairman considers necessary to carry out the purposes
of this resolution. Detailees from the executive branch or
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staff of the House or a joint committee, upon the request
of the Chairman of the Select Committee, upon consulta-
tion 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 Com-
mittee 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 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 COM-
MITTEE.
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
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U.S.C. 72a(f)), sections 102 and 104 of the Revised Stat-
utes (2 U.S.C. 192 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 Com-
mittee, all records of the Select Committee shall be trans-
ferred 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 infor-
mation.
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