[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 463 Engrossed in House (EH)]


                 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:
            (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).
            (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.

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 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 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.

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 
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 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 
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 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 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 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 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, 
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
            (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.

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.

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 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 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.