[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 107 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
S. RES. 107

         To establish a Select Committee on Chinese Espionage.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 1999

 Mr. Smith of New Hampshire submitted the following resolution; which 
       was referred to the Committee on Rules and Administration

_______________________________________________________________________

                               RESOLUTION


 
         To establish a Select Committee on Chinese Espionage.

    Resolved,

SECTION 1. ESTABLISHMENT OF THE SELECT COMMITTEE.

    (a) In General.--There is established a temporary Select Committee 
on Chinese Espionage (hereafter in this resolution referred to as the 
``select committee'') which shall consist of 12 members, 6 to be 
appointed by the President pro tempore of the Senate upon 
recommendations of the Majority Leader from among members of the 
majority party, and 6 to be appointed by the President pro tempore of 
the Senate upon recommendations of the Minority Leader from among 
members of the minority party.
    (b) Chairman.--The Majority Leader shall select the chairman of the 
select committee.
    (c) Vice Chairman.--The Minority Leader shall select the vice 
chairman of the select committee.
    (d) Service of a Senator.--The service of a Senator as a member or 
chairman on the select committee shall not count for purposes of 
paragraph 4 of rule XXV of the Standing Rules of the Senate.
    (e) Rules and Procedures.--A majority of the members of the select 
committee shall constitute a quorum thereof for the transaction of 
business, except that the select committee may fix a lesser number as a 
quorum for the purpose of taking testimony. The select committee shall 
adopt rules of procedure not inconsistent with this resolution and the 
rules of the Senate governing standing committees of the Senate.
    (f) Vacancies.--Vacancies in the membership of the select committee 
shall not affect the authority of the remaining members to execute the 
functions of the select committee.

SEC. 2. JURISDICTION.

    (a) In General.--There shall be referred to the select committee, 
concurrently with referral to any other committee of the Senate with 
jurisdiction, all messages, petitions, memorials, and other matters 
relating to United States-China national security relations.
    (b) Effect on Other Committees Jurisdiction.--Nothing in this 
resolution shall be construed as prohibiting or otherwise restricting 
the authority of any other committee of the Senate or as amending, 
limiting, or otherwise changing the authority of any standing committee 
of the Senate.

SEC. 3. REPORTS.

    The select committee may, for the purposes of accountability to the 
Senate, make such reports to the Senate with respect to matters within 
its jurisdiction as it shall deem advisable which shall be referred to 
the appropriate committee. In making such reports, the select committee 
shall proceed in a manner consistent with the requirements of national 
security.

SEC. 4. POWERS OF THE SELECT COMMITTEE.

    (a) In General.--For the purposes of this resolution, the select 
committee is authorized at its discretion--
            (1) to make investigations into any matter within its 
        jurisdiction;
            (2) to hold hearings;
            (3) to sit and act at any time or place during the sessions 
        (subject to paragraph 5 of rule XXVI of the Standing Rules of 
        the Senate), recesses, and adjourned periods of the Senate;
            (4) to require, by subpoena or otherwise, the attendance of 
        witnesses and the production of correspondence, books, papers, 
        and documents;
            (5) to make expenditures from the contingent fund of the 
        Senate to carry out its functions and to employ personnel, 
        subject to procedures of paragraph 9 of rule XXVI of the 
        Standing Rules of the Senate; and
            (6) with the prior consent of the Government department or 
        agency concerned and the Committee on Rules and Administration, 
        to use on a reimbursable, or nonreimbursable basis the services 
        of personnel of any such department or agency.
    (b) Oaths.--The chairman of the select committee or any member 
thereof may administer oaths to witnesses.
    (c) Subpoenas.--Subpoenas authorized by a majority of the select 
committee shall be issued over the signature of the chairman and may be 
served by any person designated by the chairman.

SEC. 5. TREATMENT OF CLASSIFIED INFORMATION.

    (a) Employees.--
            (1) In general.--No employee of the select committee or 
        person engaged to perform services for or at the request of 
        such committee unless such employee or person has--
                    (A) agreed in writing and under oath to be bound by 
                the rules of the Senate and of such committee as to the 
                security of such information during and after the 
                period of his employment or relationship with such 
                committee; and
                    (B) received an appropriate security clearance as 
                determined by such committee in consultation with the 
                Director of Central Intelligence.
            (2) Clearance.--The type of security clearance to be 
        required in the case of any employee or person under paragraph 
        (1) shall, within the determination of such 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.
    (b) Security Officer.--The select committee shall designate a 
security officer qualified to administer appropriate security 
procedures to ensure the protection of confidential and classified 
information in the possession of the select committee and shall make 
suitable arrangements, in consultation with the Office of Senate 
Security, for the physical protection and storage of classified 
information in its possession.

SEC. 6. TREATMENT OF PRIVATE INFORMATION.

    (a) Rules and Procedures.--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.
    (b) Disclosure.--Nothing in this resolution shall be construed to 
prevent the select committee from publicly disclosing any such 
information in any case in which such committee determines the national 
interest in the disclosure of such information clearly outweighs any 
infringement on the privacy of any person or persons.

SEC. 7. PRESIDENTIAL REPRESENTATIVE.

    The select committee is authorized to permit any personal 
representative of the President, designated by the President to serve 
as a liaison to such committee, to attend any closed meeting of such 
committee.

SEC. 8. TERMINATION OF SELECT COMMITTEE.

    Unless specifically reauthorized, the select committee shall 
terminate at the end of the 106th Congress. Upon termination of the 
select committee, all records, files, documents, and other materials in 
the possession, custody, or control of the select committee, under 
appropriate conditions established by the select committee, shall be 
transferred to the Secretary of the Senate.
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