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 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
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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 coun-
try, 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 en-
actment of new law, to the House as it considers appro-
priate:
(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 intelligence capabilities of the People’s
Republic of China.
(2) The transfer of technology, information, ad-
vice, goods, or services that may have contributed to
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the manufacture of weapons of mass destruction, mis-
siles, 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 secu-
rity and the national security of the United States.
(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 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 re-
spect to the transfers or enhancements referred 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 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 politi-
cal contributions, commercial arrangements, or brib-
ery, influence-peddling, or other illegal activities.
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(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.
SEC. 3. COMPOSITION; VACANCIES.
(a) COMPOSITION.—The Select Committee shall be
composed of 9 or fewer Members of the House to be ap-
pointed 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 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 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 com-
mittees shall govern the Select Committee where not incon-
sistent 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 incon-
sistent 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
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-
diction of the Committee on Standards of Official
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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 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 determina-
tion of the Select Committee in consultation with the Direc-
tor of Central Intelligence, be commensurate with the sen-
sitivity 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 persons
concerned, of information in the possession of such commit-
tee which unduly infringes upon the privacy or which vio-
lates 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.
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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 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 publicly 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 Commit-
tee shall submit such classified information to the Perma-
nent 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-
telligence votes to disclose publicly any information submit-
ted pursuant to subsection (a), which has been classified
under established security procedures, which has been sub-
mitted to the Select Committee by the executive branch, and
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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, per-
sonally in writing, notifies the Permanent Select Committee
on Intelligence that he objects to the disclosure of such infor-
mation, 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 objec-
tions to the disclosure of such information as provided in
paragraph (2), the Permanent Select Committee on Intel-
ligence may, by majority vote, refer the question of this dis-
closure of such information with a recommendation thereon
to the House for consideration. The Permanent Select Com-
mittee on Intelligence shall not publicly disclose such infor-
mation without leave of the House.
(4) Whenever the Permanent Select Committee on In-
telligence votes to refer the question of disclosure of any in-
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formation 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 mat-
ter 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 mo-
tion has been made by the chairman of the Permanent Se-
lect Committee on Intelligence to consider, in closed session,
the matter reported under paragraph (4), then such a mo-
tion will be deemed privileged and may be made by any
Member. The motion under this paragraph shall not be sub-
ject 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 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 Perma-
nent Select Committee on Intelligence, or their designees,
the previous question shall be considered as ordered and the
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House, without intervening motion except one motion to ad-
journ, shall immediately vote on the question, in open ses-
sion 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 Perma-
nent Select Committee on Intelligence for further rec-
ommendation.
(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
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 de-
scribed 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 Speak-
er), the committee shall keep a written record showing, in
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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, re-
ceives 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 Of-
ficial Conduct shall release to such individual at the conclu-
sion of its investigation a summary of its investigation, to-
gether with its findings. If, at the conclusion of its inves-
tigation, the Committee on Standards of Official Conduct
determines that there has been a significant breach of con-
fidentiality 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.
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SEC. 8. TRANSFER OF INFORMATION TO SELECT COM-
MITTEE.
Any committee of the House of Representatives having
custody of records, data, charts, and files concerning sub-
jects 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 pur-
suant 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 informa-
tion by interrogatory, and the production of such books,
records, correspondence, memoranda, papers, documents,
calendars, recordings, electronic communications, data
compilations from which information can be obtained, tan-
gible 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 com-
munications interceptions or surveillance.
(b) 
SUBPOENAS, 
DEPOSITIONS
AND
INTERROG-
ATORIES.—Unless otherwise determined by the Select Com-
mittee, the Chairman, upon consultation with the ranking
minority member, or the Select Committee may—
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(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 otherwise
determined by the Select Committee, the Chairman of the
Select Committee, upon consultation with the ranking mi-
nority member of the Select Committee, or the Select Com-
mittee may—
(1) authorize the taking of depositions and other
testimony, under oath or otherwise, anywhere outside
the United States; and
(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 ob-
tained 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 inves-