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7 January 1999
-------------------------------------------------
From the House Reports Online via GPO Access
105th Congress Report
2d Session 105-582
_______________________________________________________________________
TO ESTABLISH THE SELECT COMMITTEE ON U.S. NATIONAL SECURITY AND
MILITARY/COMMERCIAL CONCERNS WITH THE PEOPLE'S REPUBLIC OF CHINA
June 16, 1998
See: http://frwebgate.access.gpo.gov/cgi-bin/useftp.cgi?IPaddress=162.140.64.21&filename=hr582.105&directory=/diskb/wais/data/105_cong_reports
Size: 126K
----------
[Congressional Record: June 18, 1998 (House)]
ESTABLISHING THE SELECT COMMITTEE ON U.S. NATIONAL SECURITY AND
MILITARY/COMMERCIAL CONCERNS WITH THE PEOPLE'S REPUBLIC OF CHINA
See: http://frwebgate2.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=2768510864+0+0+0&WAISaction=retrieve
Size: 266K
----------
[Congressional Record: June 18, 1998 (House)]
PROVIDING FOR CONSIDERATION OF H.RES. 463, ESTABLISHING SELECT
COMMITTEE ON U.S. NATIONAL SECURITY AND MILITARY/COMMERCIAL CONCERNS
WITH THE PEOPLE'S REPUBLIC OF CHINA
See: http://frwebgate2.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=2768510864+2+0+0&WAISaction=retrieve
Size: 72K
----------
[Congressional Record: June 22, 1998 (House)]
APPOINTMENT OF MEMBERS TO SELECT COMMITTEE ON U.S. NATIONAL SECURITY
AND MILITARY/COMMERCIAL CONCERNS WITH THE PEOPLE'S REPUBLIC OF CHINA
The SPEAKER pro tempore (Mr. Nethercutt). Without objection, and
pursuant to the provisions of section 3(a) of House Resolution 463,
105th Congress, the Chair appoints the following Members of the House
to the U.S. National Security and Military/Commercial Concerns with the
People's Republic of China:
Mr. Cox of California, Chairman,
Mr. Goss,
Mr. Bereuter,
Mr. Hansen,
Mr. Weldon of Pennsylvania,
Mr. Dicks,
Mr. Spratt,
Ms. Roybal-Allard,
Mr. Scott.
There was no objection.
----------
[Congressional Record: June 25, 1998 (House)]
RULES OF PROCEDURE FOR THE HOUSE SELECT COMMITTEE ON MILITARY/
COMMERCIAL CONCERNS WITH THE PEOPLE'S REPUBLIC OF CHINA
See below.
----------
[Congressional Record: September 1, 1998 (Digest)]
TECHNOLOGY TRANSFERS TO CHINA
Select Committee on U.S. National Security and Military/Commercial
Concerns with the People's Republic of China: Met in executive session
to receive briefings on pending business.
Will continue tomorrow.
----------
[Congressional Record: September 2, 1998 (Digest)]
TECHNOLOGY TRANSFERS TO CHINA
Select Committee on U.S. National Security and Military/Commercial
Concerns with the People's Republic of China: Met in executive session
to continue to receive briefings on pending business.
----------
[Congressional Record: September 10, 1998 (Digest)]
COMMITTEE MEETINGS FOR FRIDAY,
SEPTEMBER 11, 1998
Select Committee on U.S. National Security and Military/Commercial
Concerns with the People's Republic of China, executive, to continue
to receive briefings on pending business, 8 a.m., H-405 Capitol.
----------
[Congressional Record: September 17, 1998 (Digest)]
COMMITTEE MEETINGS FOR FRIDAY,
SEPTEMBER 18, 1998
Select Committee on U.S. National Security and Military/Commercial
Concerns with the People's Republic of China, executive, to consider
pending business, 8 a.m., H-122 Capitol.
----------
[Congressional Record: September 24, 1998 (Digest)]
Select Committee on U.S. National Security and Military/Commercial
Concerns with the People's Republic of China, executive, to continue to
receive briefings, 8 a.m., H-405 Capitol.
----------
[Congressional Record: September 25, 1998 (Digest)]
TECHNOLOGY TRANSFERS TO CHINA
Select Committee on U.S. National Security and Military/Commercial
Concerns with the People's Republic of China: Met in executive session
to continue to receive briefings.
----------
[Congressional Record: October 1, 1998 (Digest)]
COMMITTEE MEETINGS FOR
FRIDAY, OCTOBER 2, 1998
Select Committee on U.S. National Security and Military/Commercial
Concerns with the People's Republic of China, executive, to continue
to receive briefings on pending business, 8 a.m., H-405 Capitol.
----------
[Congressional Record: October 8, 1998 (Digest)]
COMMITTEE MEETINGS FOR FRIDAY,
OCTOBER 9, 1998
Select Committee on U.S. National Security and Military/Commercial
Concerns with the People's Republic of China, executive, to continue
to receive briefings, 8 a.m., H-405 Capitol.
----------
[Congressional Record: October 13, 1998 (Digest)]
COMMITTEE MEETINGS FOR
WEDNESDAY, OCTOBER 14, 1998
Select Committee on U.S. National Security and Military/Commercial
Concerns with the People's Republic of China, executive, to continue
to receive briefings, 10 a.m., H-405 Capitol.
----------
[Congressional Record: October 14, 1998 (Digest)]
COMMITTEE MEETINGS FOR THURSDAY,
OCTOBER 15, 1998
Select Committee on U.S. National Security and Military/Commercial
Concerns with the People's Republic of China, executive, to continue
to receive briefings, 9 a.m., H-405 Capitol.
----------
[Congressional Record: October 15, 1998 (Digest)]
COMMITTEE MEETINGS FOR
FRIDAY, OCTOBER 16, 1998
Select Committee on U.S. National Security and Military/Commercial
Concerns with the People's Republic of China, executive, to continue
to receive briefings, 9 a.m., H-405 Capitol.
----------
[Congressional Record: October 19, 1998 (Digest)]
COMMITTEE MEETINGS FOR TUESDAY,
OCTOBER 20, 1998
Select Committee on U.S. National Security and Military/Commercial
Concerns with the People's Republic of China, executive, to consider
pending business, 4:45 p.m., H-140 Capitol.
----------
[Congressional Record: October 20, 1998 (Digest)]
COMMITTEE MEETINGS FOR
WEDNESDAY, OCTOBER 21, 1998
Select Committee on U.S. National Security and Military/Commercial
Concerns with the People's Republic of China, executive, to consider
pending business, 1 p.m., H-405 Capitol.
[Congressional Record: June 25, 1998 (House)]
[Page H5397-H5401]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr25jn98-148]
RULES OF PROCEDURE FOR THE HOUSE SELECT COMMITTEE ON MILITARY/
COMMERCIAL CONCERNS WITH THE PEOPLE'S REPUBLIC OF CHINA
The Hon. CHRISTOPHER COX, Chairman of the Select Committee on U.S.
National Security and Military/Commercial Concerns with the People's
Republic of China, submitted the following rules of procedure:
Select Committee on U.S. National Security and Military/Commercial
Concerns with the People's Republic of China--Rules of Procedure
(Adopted June 25, 1998)
1. convening of meetings
The regular meeting date and time for the transaction of
committee business shall be at 8 o'clock a.m. Wednesday of
each week, unless otherwise directed by the chairman.
In the case of any meeting of the committee, other than a
regularly scheduled meeting, the clerk of the committee shall
notify
[[Page H5398]]
every member of the committee of the time and place of the
meeting and shall give reasonable notice which, except in
extraordinary circumstances, shall be at least 24 hours in
advance of any meeting held in Washington, D.C., and at least
48 hours in the case of any meeting held outside Washington,
D.C.
2. preparations for committee meetings
Under direction of the chairman, designated committee staff
members shall brief members of the committee at a time
sufficiently prior to any committee meeting to assist the
committee members in preparation for such meeting and to
determine any matter which the committee members might wish
considered during the meeting. Such briefing shall, at the
request of a member, include a list of all pertinent papers
and other materials that have been obtained by the committee
that bear on matters to be considered at the meeting.
The staff director shall recommend to the chairman the
testimony, papers, and other materials to be presented to the
committee at any meeting. The determination whether such
testimony, papers, and other materials shall be presented in
open or executive session shall be made by the Chairman in
conformity with the Rules of the House and these rules.
3. meeting procedures
Meetings of the committee shall be open to the public
except that a portion or portions of any such meeting may be
closed to the public if the committee determines by record
vote in open session and with a majority present that the
matters to be discussed or the testimony to be taken on such
matters would endanger national security, would compromise
sensitive law enforcement information, or would tend to
defame, degrade or incriminate any person, or otherwise would
violate any law or rule of the House.
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
2 members shall constitute a quorum for the purpose of
holding hearings to take testimony and receive evidence.
Decisions of the committee shall be by majority vote of the
members present and voting.
Whenever the committee by rollcall vote reports any measure
or matter, the report of the committee upon such measure or
matter shall include a tabulation of the votes cast in favor
of and the votes cast in opposition to such measure or
matter.
4. Procedures related to the taking of testimony
Notice. Reasonable notice shall be given to all witnesses
appearing before the committee.
Oath or Affirmation. Testimony of witnesses shall be given
under oath or affirmation which may be administered by any
member of the committee, except that the chairman of the
committee shall not require an oath or affirmation where the
chairman determines that it would not be appropriate under
the circumstances.
Interrogation. Committee interrogation shall be conducted
by members of the committee and such committee staff as are
authorized by the chairman or the presiding member.
Counsel for the Witness. (A) Any witness may be accompanied
by counsel. A witness who is unable to obtain counsel may
inform the committee of such fact. If the witness informs the
committee of this fact at least 24 hours prior to the
witness' appearance before the committee, the committee shall
then endeavor to obtain voluntary counsel for the witness.
Failure to obtain such counsel will not excuse the witness
from appearing and testifying.
(B) Counsel shall conduct themselves in an ethical and
professional manner. Failure to do so shall, upon a finding
to that effect by a majority of the members of the committee,
a majority being present, subject such counsel to
disciplinary action which may include censure, removal, or a
recommendation of contempt proceedings, except that the
chairman of the committee may temporarily remove counsel
during proceedings before the committee unless a majority of
the members of the committee, a majority being present, vote
to reverse the ruling of the chair.
(C) There shall be no direct or cross-examination by
counsel for a witness. However, counsel may submit in writing
any question counsel wishes propounded to a client or to any
other witness and may, at the conclusion of such testimony,
suggest the presentation of other evidence or the calling of
other witnesses. The committee may use such questions and
dispose of such suggestions as it deems appropriate.
Statements by Witnesses. A witness may make a statement,
which shall be brief and relevant, at the beginning and
conclusion of the witness' testimony. Such statements shall
not exceed a reasonable period of time as determined by the
chairman, or other presiding member. Any witness desiring
to make a prepared or written statement for the record of
the proceedings shall file a copy with the clerk of the
committee, and insofar as practicable and consistent with
the notice given, shall do so at least 72 hours in advance
of the witness' appearance before the committee.
Objections and Ruling. Any objection raised by a witness or
counsel shall be ruled upon by the chairman or other
presiding member, and such ruling shall be the ruling of the
committee unless a majority of the committee present
overrules the ruling of the chair.
Transcripts. A transcript shall be made of the testimony of
each witness appearing before the committee during a
committee hearing.
Inspection and Correction. All witnesses testifying before
the committee shall be given a reasonable opportunity to
inspect the transcript of their testimony to determine
whether such testimony was correctly transcribed. The witness
may be accompanied by counsel. Any corrections the witness
desires to make in the transcript shall be submitted in
writing to the committee within 5 days from the date when the
transcript was made available to the witness. Corrections
shall be limited to grammar and minor editing, and may not be
made to change the substance of the testimony. Any questions
arising with respect to such corrections shall be decided by
the chairman. Upon request, those parts of testimony given by
a witness in executive session which are subsequently quoted
or made part of a public record shall be made available to
that witness at the witness' expense.
Requests to Testify. The committee will consider requests
to testify on any matter or measure pending before the
committee. A person who believes that testimony or other
evidence presented at a public hearing, or any comment made
by a committee member or a member of the committee staff may
tend to affect adversely that person's reputation, may
request to appear personally before the committee to testify
on his or her own behalf, or may file a sworn statements of
facts relevant to the testimony, evidence, or comment, or may
submit to the chairman proposed questions in writing for the
cross-examination of other witnesses. The committee shall
take such actions as it deems appropriate.
Contempt Procedures. No recommendations that a person be
cited for contempt of Congress shall be forwarded to the
House unless and until the committee has, upon notice to all
its members, met and considered the alleged contempt,
afforded the person an opportunity to state in writing or in
person why he or she should not be held in contempt, and
agreed, by majority vote of the committee, a quorum being
present, to forward such recommendation to the House.
Release of Name of Witness. At the request of any witness,
the name of that witness scheduled to be heard by the
committee shall not be released prior to, or after, the
witness' appearance before the committee, unless otherwise
authorized by the chairman.
Closing Hearings. A vote to close a committee hearing may
be taken by a majority of those present, there being in
attendance the requisite number required under the rules of
the committee to be present for the purpose of taking
testimony or receiving evidence; provided, that such a vote
may not be taken by less than a majority of the committee
members unless at least one member of the minority is present
to vote upon the motion to close the hearing.
5. Subpoenas, Interrogatories, Letters Rogatory, Depositions and
Affidavits
A. Subpoenas, Interrogatories and Letters Rogatory
Committee subpoenas issued in accordance with House
Resolution 463 may be served by any person designated by the
chairman. Each subpoena shall have attached thereto a copy of
these rules and of House Resolution 463.
Unless otherwise determined by the select committee the
chairman, upon consultation with the ranking minority member,
shall authorize and issue subpoenas. In addition, the select
committee may itself vote to authorize and issue subpoenas.
Subpoenas shall be issued under the seal of the House and
attested by the Clerk, and may be served by any persons
designated by the chairman or any member. Subpoenas shall be
issued upon the chairman's signature or that of a member
designated by the Chairman or by the committee.
A subpoena duces tecum may be issued whose return shall
occur at a time and place other than that of a regularly
scheduled meeting. Upon the return of such a subpoena, the
chairman or in his absence the ranking member of the majority
party who is present, on two hours' telephonic notice to all
other committee members, may convene a hearing for the sole
purpose of elucidating further information about the return
on the subpoena and deciding any objections to the subpoena.
Orders for the furnishing of information by interrogatory,
the inspecting of locations and systems of records upon
notice except in exigent circumstances, the obtaining of
evidence in other countries by means of letters rogatory or
otherwise, and the other process for obtaining information
available to the committee, shall be authorized and issued by
the chairman, upon consultation with the ranking minority
member, or by the select committee. Requests for
investigations, reports, and other assistance from any agency
of the executive, legislative, and judicial branches of the
federal government, shall be made by the chairman, upon
consultation with the ranking minority member, or by the
committee.
Provisions may be included in the process of the committee
to prevent the disclosure of committee demands for
information, when deemed necessary for the security of
information or the progress of the investigation
[[Page H5399]]
by the chairman or member designated by him or the committee,
such as requiring that companies receiving subpoenas for
financial or toll records make no disclosure to customers
regarding the subpoena for ninety days or prohibiting the
revelation by witnesses and their counsel of committee
inquiries.
B. Depositions and Affidavits
Unless otherwise determined by the select committee the
chairman, upon consultation with the ranking minority member,
or the select committee, may authorize the taking of
affidavits, and of depositions pursuant to notice or
subpoena. Such authorization may occur on a case-by-case
basis, or by instructions to take a series of affidavits of
depositions. The chairman may either issue the deposition
notices himself, or direct the appropriate member of the
staff to do so. Notices for the taking of depositions shall
specify a time and place for examination. Affidavits and
depositions shall be taken under oath administered by a
member or a person otherwise authorized by law to administer
oaths. The minority shall be afforded an opportunity to
participate in all depositions.
The committee shall not initiate procedures leading to
contempt proceedings in the event a witness fails to appear
at a deposition unless the deposition notice was accompanied
by a committee subpoena authorized and issued by the chairman
or the committee.
Witnesses may be accompanied at a deposition by personal
counsel to advise them of their rights, subject to the
provisions of Rule 4 hereof. Absent special permission or
instructions from the chairman, no one may be present in
depositions except members, staff designated by the chairman,
an official reporter, the witness and any personal counsel;
observers or counsel for other persons or for the agencies
under investigation may not attend.
Witnesses shall be examined in depositions by a member or
members or by staff designated by the chairman. Objections by
the witness as to the form of questions shall be noted for
the record. If a witness objects to a question and refuses to
answer, the members or staff may proceed with the deposition,
or may obtain, at that time or at a subsequent time, a ruling
on the objection by telephone or otherwise from the chairman
or his designee. The committee shall not initiate procedures
leading to contempt for refusals to answer questions at a
deposition unless the witness refuses to testify after his
objection has been overruled and after he has been ordered
and directed to answer by the chairman or his designee upon
consultation with the ranking minority member or his
designee.
The committee staff shall insure that the testimony is
either transcribed or electronically recorded, or both. If a
witness' testimony is transcribed, then the witness shall be
furnished with an opportunity to review a copy. No later than
five days thereafter, the staff shall enter the changes, if
any, requested by the witness, with a statement of the
witness' reasons for the changes, and the witness shall be
instructed to sign the transcript. The individual
administering the oath, if other than a Member, shall certify
on the transcript that the witness was duly sworn in the
administering individual's presence, the transcriber shall
certify that the transcript is a true record of the
testimony, and the transcript shall be filed, together with
any electronic recording, with the clerk of the committee in
Washington, D.C. Affidavits and depositions shall be deemed
to have been taken in Washington, D.C. once filed there with
the clerk of the committee for the committee's use.
All depositions, affidavits, and other materials obtained
under the authority of Section 9 of House Resolution 463
shall be considered to be taken in executive session. Such
material may be released or used in public sessions with the
consent of the committee, which shall, unless otherwise
directed by the committee, meet in executive session to
consider and grant or withhold such consent, provided, that
classified information shall be handled in accordance with
Rule 7.
6. staff
Members of the committee staff shall work collegially, with
discretion, and always with the best interests of the
national security foremost in mind. Committee business shall,
whenever possible, take precedence over other official and
personal business. For the purpose of these rules, committee
staff means the persons described in Sec. 14(a) of House
Resolution 463, including detailees to the extent necessary
to fulfill their designated roles. All such persons shall be
subject to the same security clearance and confidentiality
requirements as employees of the select committee under this
rule. Committee staff shall be either majority, minority, or
joint. The appointment of joint committee staff shall be by
the chairman in consultation with the ranking minority
member. A small number of majority and minority staff may be
appointed by the chairman and ranking minority member,
respectively, without such consultation, the total number of
such staff to be fixed by the chairman. After confirmation,
the chairman shall certify all committee staff appointments,
including appointments by the ranking minority member, to the
Clerk of the House in writing.
The joint committee staff works for the committee as a
whole, under the supervision of the chairman of the
committee. Except as otherwise provided by the committee, the
duties of joint committee staff shall be performed and
committee staff personnel affairs and day-to-day operations,
including security and control of classified documents and
material, shall be administered under the direct supervision
and control of the staff director. Majority and minority
staff appointed by the chairman and ranking member,
respectively, shall be subject to the same operational
control and supervision concerning security and classified
documents and material as are joint committee staff.
The joint committee staff shall assist the minority as
fully as the majority in all matters of committee business
and in the preparation and filing of additional, separate and
minority views, to the end that all points of view may be
fully considered by the committee and the House.
The members of the committee staff shall not discuss either
the classified substance or procedure of the work of the
committee with any person not a member of the committee or
the committee staff for any purpose or in connection with any
proceeding, judicial or otherwise, either during that
person's tenure as a member of the committee staff or at any
time thereafter except as directed by the committee, or,
after the termination of the committee, in such a manner as
may be determined by the House.
Each member of the committee, and each member of the
committee staff, as a condition of employment, shall agree in
writing not to divulge any classified information which comes
into such person's possession while a member of the committee
or the committee staff or any classified information which
comes into such person's possession by virtue of his or her
position as a member of the committee or the committee staff
to any person not a member of the committee or the committee
staff, either while a member of the committee staff or at any
time thereafter except as directed by the committee, or,
after the termination of the committee, in such manner as may
be determined by the House.
No member of the committee staff shall be employed by the
committee unless and until such person agrees in writing, as
a condition of employment, to notify the committee, or, after
the committee's termination, the House, of any request for
testimony, either while a member of the committee staff or at
any time thereafter, with respect to classified information
which came into the staff member's possession by virtue of
his or her position as a member of the committee staff. Such
classified information shall not be disclosed in response to
such request except as directed by the committee, or, after
the termination of the committee, in such manner as may be
determined by the House.
No member of the committee, and no member of the committee
staff, shall divulge to any person information which comes
into his or her possession by virtue of his or her as member
of the committee or of the committee staff, if such
information may alert the subject of a committee
investigation to the existence, nature, or substance of such
investigation, unless directed to do so by the chairman, the
committee, or the House.
The committee shall immediately consider disciplinary
action to be taken in case any member of the committee staff
fails to conform to any of these rules, including
specifically, confidentiality, security, and classified
information obligations imposed by House Resolution 463, and
these rules, and the oath executed pursuant to section 8(e)
of these rules. Such disciplinary action may include, but
shall not be limited to, immediate dismissal from the
committee staff and criminal referral to the Justice
Department.
7. Receipt of Classified Material
In the case of any information classified under established
security procedures and submitted to the committee by the
executive or legislative branch, the committee's acceptance
of such information shall constitute a decision by the
committee that it is executive session material and shall not
be disclosed publicly or released unless the committee, by
roll call vote, determines, in a manner consistent House
Resolution 463, that it should be disclosed publicly or
otherwise released. For purposes of receiving information
from either the executive or legislative branch, the
committee staff may accept information on behalf of the
committee.
8. Procedures Related to Classified or Sensitive Material and other
Information
(a) Committee staff offices, including majority and
minority offices, shall operate under strict security
precautions. At least one security officer shall be on duty
at all times by the entrance to control entry. Before
entering the office all persons shall identify themselves.
Sensitive or classified documents and material shall be
segregated in a security storage area under the supervision
of appropriate joint committee staff. They may be examined
only at secure reading facilities. Copying, duplicating, or
removal from the joint committee offices of such documents
and other materials are prohibited except with leave of the
chairman and ranking member for use in, or preparation for,
interviews, depositions or committee meetings, including the
taking of testimony in conformity with these rules. No
classified documents shall be maintained or stored in the
majority or minority offices.
Each member of the committee shall at all times have access
to all papers and the staff director shall be responsible for
the maintenance, under appropriate security procedures, of a
registry which will number and
[[Page H5400]]
identify all classified papers and other classified materials
in the possession of the committee and such registry shall be
available to any member of the committee.
Pursuant to clause (2)(e)(2) and clause (2)(g)(2) of House
Rule XI, members who are not members of the committee shall
be granted access to such transcripts, records, data, charts
and files of the committee and be admitted on a
nonparticipatory basis to hearings or briefings of the
committee which involve classified material on the basis of
the following provisions:
(1) Members who desire to examine materials in the
possession of the committee or to attend committee hearings
or briefings on a nonparticipatory basis should notify the
clerk of the committee in writing.
(2) Each such request by a member must be considered by the
committee, a quorum being present, at the earliest
practicable opportunity. The committee must determine by
record vote whatever action it deems necessary in light of
all circumstances of each individual request. The committee
shall take into account, in its deliberations, such
considerations as the sensitivity of the information sought
to the national defense or the confidential conduct of the
foreign relations of the United States, the likelihood of its
being directly or indirectly disclosed, the jurisdictional
interest of the member making the request and such other
concerns--constitutional or otherwise--as affect the public
interest of the United States. Such actions as the committee
may take include, but are not limited to: (i) approving the
request, in whole or part; (ii) denying the request; (iii)
providing in different form than requested information or
material which is the subject of the request.
(3) In matters touching on such requests, the committees
may, in its discretion, consult the Director of Central
Intelligence and such other officials as it may deem
necessary.
(4) In the event that the member making the request in
question does not accede to the determination or any part
thereof of the committee as regards the request, that member
should notify the committee in writing of the grounds for
such disagreement. The committee shall subsequently consider
the matter and decide, by record vote, what further action or
recommendation, if any, it will take.
(b) The committee shall call to the attention of the House
or to any other appropriate committee or committees of the
House any matters requiring the attention of the House or
such other committee or committees of the House on the basis
of the following provisions:
(1) At the request of any member of the committee, the
committee shall meet at the earliest practicable opportunity
to consider a suggestion that the committee call to the
attention of the House or any other committee or committees
of the House executive session material.
(2) In determining whether any matter requires the
attention of the House or any other committee or committees
of the House, the committee shall consider, among such other
matters it deems appropriate--
(A) the effect of the matter in question upon the national
defense or the foreign relations of the United States;
(B) whether the matter in question involves sensitive
intelligence sources and methods;
(C) whether the matter in question otherwise raises serious
questions about the national interest; and
(D) whether the matter in question affects matters within
the jurisdiction of another committee or committees of the
House.
(3) In examining the considerations described in paragraph
(2), the committee may seek the opinion of members of the
committee appointed from standing committees of the House
with jurisdiction over the matter in question or to
submissions from such other committees. Further, the
committee may seek the advice in its deliberations of any
executive branch official.
(4) If the committee, with a quorum present, by record vote
decides that a matter requires the attention of the House or
a committee or committees of the House which the committee
deems appropriate, it shall make arrangements to notify the
House or committee or committees promptly.
(5) In bringing a matter to the attention of another
committee or committees of the House, the committee, with due
regard for the protection of intelligence sources and
methods, shall take all necessary steps to safeguard
materials or information relating to the matter in question.
(6) The method of communicating matters to other committees
of the House shall insure that information or material
designated by the committee is promptly made available to the
chairman and ranking minority member of such other
committees.
(7) The committee may bring a matter to the attention of
the House when it considers the matter in question so grave
that it requires the attention of all members of the House,
if time is of the essence, or for any other reason which the
committee finds compelling. In such case, the committee shall
consider whether to request an immediate secret session of
the House (with time equally divided between the majority and
the minority) or to publicly disclose the matter in question
in conformity with the procedures set forth in clause 7 of
House Rule XLVIII, governing release of such information by
the Select Committee on Intelligence.
(c) Whenever the committee makes classified material
available to any other committee of the House or to any
member of the House not a member of the committee, the clerk
of the committee shall be notified. The clerk shall at that
time provide a copy of the applicable portions of these rules
and of House Resolution 463 and other pertinent Rules of the
House to such members or such committee and insure that the
conditions contained therein under which the classified
materials provided are clearly presented to the recipient.
The clerk of the committee shall also maintain a written
record identifying the particular information transmitted,
the reasons agreed upon by the committee for approving such
transmission and the committee or members of the House
receiving such information. The staff director of the
committee is further empowered to provide for such additional
measures as he or she deems necessary in providing material
which the committee has determined to make available to a
member of the House or a committee of the House.
(d) Access to classified information supplied to the
committee shall be limited to those committee staff members
with appropriate security clearance and a need-to-know, as
determined by the committee, and under the committee's
direction, the staff director.
No member of the committee or of the committee staff shall
disclose, in whole or in part or by way of summary, to any
person not a member of the committee or the committee staff
for any purpose or in connection with any proceeding,
judicial or otherwise, any testimony given before the
committee in executive session, or the contents of any
classified papers or other classified materials or other
classified information received by the committee except as
authorized by the committee in a manner consistent with House
Resolution 463 and the provisions of these rules, or, after
the termination of the committee, in such a manner as may be
determined by the House.
Before the committee makes any decision regarding a request
for access to any testimony, papers or other materials in its
possession or a proposal to bring any matter to the attention
of the House or a committee or committees of the House,
committee members shall have a reasonable opportunity to
examine all pertinent testimony, papers, and other materials
that have been obtained by the committee.
(e) Before any member of the committee or the committee
staff may have access to classified information the following
oath shall be executed:
``I do solemnly swear (or affirm) that I will not disclose
any classified information received in the course of my
service on the Select Committee on Military/Commercial
Concerns With the People's Republic of China, except when
authorized to do so by the committee or the House of
Representatives.''
Copies of the executed oath shall be retained in the files
of the committee.
9. legislative calendar
The clerk of the committee shall maintain a printed
calendar for the information of each committee member showing
any procedural or legislative measures considered or
scheduled to be considered by the committee, and the status
of such measures and such other matters as the committee
determines shall be included. The calendar shall be revised
from time to time to show pertinent changes. A copy of each
such revision shall be furnished to each member of the
committee.
10. committee travel
No member of the committee or committee staff shall travel
on committee business unless specifically authorized by the
chairman. Requests for authorization of such travel shall
state the purpose and extent of the trip, together with
itemized expenses anticipated thereon. No preliminary
arrangements for foreign travel shall be undertaken by any
committee member or staff unless such travel has been
authorized in writing by the chairman. A full report shall be
filed with the committee when any travel, foreign or
domestic, is completed.
A report on all foreign travel shall be filed with the
committee clerk within 60 calendar days of the completion of
said travel. The report shall contain a description of all
issues discussed during the trip and the persons with whom
the discussion were conducted. If an individual with the
committee staff fails to comply with this requirement, he or
she shall be subject to the disciplinary procedures set forth
in Rule 6.
A report on all foreign travel shall be filed with the
committee clerk within 60 calendar days of the completion of
said travel. The report shall contain a description of all
issues discussed during the trip and the persons with whom
the discussions were conducted. If an individual with the
committee staff fails to comply with this requirement, he or
she shall be subject to the disciplinary procedures set forth
in Rule 6.
When the chairman approves the foreign travel of a member
of the committee staff not accompanying a member of the
committee, all members of the committee are to be advised,
prior to the commencement of such travel, of its extent,
nature and purpose. The report referred to in the previous
paragraph shall be furnished to all members of the committee
and shall not be otherwise disseminated with the express
authorization of the committee pursuant to the rules of the
committee.
[[Page H5401]]
11. broadcasting committee meetings
Whenever any hearing or meeting conducted by the committee
is open to the public, a majority of the committee or
subcommittee, as the case may be, may permit that hearing or
meeting to be covered, in whole or in part, by television
broadcast, radio broadcast, and still photography, or by any
of such methods of coverage, subject to the provisions and in
accordance with the spirit of the purposes enumerated in
clause 3 of Rule XI of the Rules of the House.
12. committee records transferred to the national archives
The records of the committee at the National Archives and
Records Administration shall be made available for public use
in accordance with rule XXXVI of the rules of the House of
Representatives. The chairman shall notify the ranking
minority member of any decision, pursuant to clause 3(b)(3)
or clause 4(b) of the rule, to withhold a record otherwise
available, and the matter shall be presented to the committee
for a determination on the written request of any member of
the committee.
13. changes in rules
These rules may be modified, amended, or repealed by the
committee, provided that a notice in writing of the proposed
change has been given to each member at least 48 hours prior
to the meeting at which action thereon is to be taken.
____________________