IV

105TH CONGRESS

1ST SESSION H. RES. 34

To establish a Select Committee to Investigate CIA Involvement in Crack

Cocaine Sales to Fund Contras.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 21, 1997

Ms. WATERS submitted the following resolution; which was referred to the

Committee on Rules

RESOLUTION

To establish a Select Committee to Investigate CIA

Involvement in Crack Cocaine Sales to Fund Contras.

1 Resolved,

2 (a) There is established in the House of Representa3 tives a select committee to be known as the Select Com4 mittee to Investigate CIA Involvement in Crack Cocaine

5 Sales to Fund Contras (hereinafter referred to in this res6 olution as the ‘‘select committee’’).

7 (b) The select committee shall be composed of 15

8 Members of the House of Representatives to be appointed
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1 by the Speaker, one of whom he shall designate as chair2 man, and one of whom he shall designate as vice chair3 man. Any vacancy occurring in the membership of the se4 lect committee shall be filled in the same manner in which

5 the original appointment was made.

6 (c) The select committee is authorized and directed

7 to conduct a full and complete investigation and study,

8 and to make such findings and recommendations to the

9 House of Representatives as the select committee deems

10 appropriate, regarding the following matters:

11 (1) Existence of Central Intelligence Agency

12 files on cocaine purchases and arms transfers to

13 inner-city south central Los Angeles residents.

14 (2) Central Intelligence Agency employment of

15 Danilo Blandon and Edwin Menenses as informants.

16 (3) Diversion or intended diversion of funds ap17 propriated by Congress for assistance to Nicaraguan

18 contras or the sale of crack cocaine for such pur19 poses.

20 (4) Any other matters deemed appropriate or

21 germane to either Central Intelligence Agency in22 volvement in unauthorized or illegal drug sales or

23 the use of informants to provide information on

24 sales of crack cocaine to south central Los Angeles

25 residents.
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1 (d) One-third of the members of the select committee

2 shall constitute a quorum for the transaction of business

3 other than the reporting of a matter, which shall require

4 a majority of the committee to be actually present, except

5 that the select committee may designate a lesser number,

6 but not less than two, as a quorum for the purpose of

7 holding hearings to take testimony. When a quorum for

8 any particular purpose is present, general proxies may be

9 counted for that purpose. The select committee may sit

10 while the House of Representatives is reading a measure

11 for amendment under the five-minute rule. The rules of

12 the House of Representatives shall govern the select com13 mittee where not inconsistent with this resolution. The se14 lect committee shall adopt additional written rules, which

15 shall be public, to govern its procedures, which shall not

16 be inconsistent with this resolution or the rules of the

17 House of Representatives. Such rules may govern the con18 duct of the depositions, interviews, and hearings of the

19 select committee, including the persons present.

20 (e) The select committee is authorized to sit and act

21 during the present Congress at such times and places

22 within the United States, including any Commonwealth or

23 possession thereof, or in any other country, whether the

24 House of Representatives is in session, has recessed, or

25 has adjourned; to require, by subpoena or otherwise, the
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1 attendance and testimony of such witnesses, the furnish2 ing of information by interrogatory, and the production

3 of such books, records, correspondence, memoranda, pa4 pers, documents, calendars, recordings, data compilations

5 from which information can be obtained, tangible objects,

6 and other things and information of any kind as it deems

7 necessary, including all intelligence materials however

8 classified, White House materials, and materials pertain9 ing to unvouchered expenditures or concerning commu10 nications interceptions or surveillance; and to obtain evi11 dence in other appropriate countries with the cooperation

12 of their governments. Unless otherwise determined by the

13 select committee the chairman, upon consultation with the

14 ranking minority member, or the select committee, shall

15 authorize and issue subpoenas. Subpoenas shall be issued

16 under the seal of the House of Representatives and at17 tested by the Clerk, and may be served by any persons

18 designated by the chairman or any member. Provisions

19 may be included in the rules and process of the select com20 mittee to prevent the disclosure of committee demands for

21 information. The select committee may request investiga22 tions, reports, and other assistance from any agency of

23 the executive, legislative, and judicial branches of the Fed24 eral Government.
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1 (f) The chairman, or in his absence the vice chair2 man, or in their absence a member designated by the

3 chairman, shall preside at all meetings and hearings of

4 the select committee. All meetings and hearings of the

5 committee shall be conducted in open session, unless a ma6 jority of members of the select committee voting, there

7 being in attendance the requisite number required for the

8 purpose of hearings to take testimony, vote to close a

9 meeting or hearing. Pursuant to rule XI(3)(f)(2) of the

10 rules of the House of Representatives, coverage of testi11 mony of subpoenaed witnesses will be limited at their re12 quest, unless a majority of members of the select commit13 tee voting, there being in attendance the requisite number

14 required for the conduct of business, vote otherwise.

15 (g) The chairman, upon consultation with the rank16 ing minority member, may employ and fix the compensa17 tion of such clerks, experts, consultants, technicians, at18 torneys, investigators, and clerical and stenographic as19 sistants as it considers necessary to carry out the purposes

20 of this resolution. No more than three such staff may re21 ceive compensation corresponding to Executive Level IV.

22 The select committee shall be deemed a committee of the

23 House of Representatives for all purposes of law, including

24 rule XI(2)(n) of the rules of the House of Representatives,

25 sections 6005, 1505, and 1621 of title 18, United States
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1 Code, section 102 of the Revised Statutes of the United

2 States (2 U.S.C. 192), section 502(b) of the Mutual Secu3 rity Act of 1954 (22 U.S.C. 1754(b)), and section 734(a)

4 of title 31, United States Code. The select committee may

5 reimburse the members of its staff for travel, subsistence,

6 and other necessary expenses incurred by them in the per7 formance of the duties vested in the select committee,

8 other than expenses in connection with meetings of the

9 select committee held in the District of Columbia. Staff

10 of the House of Representatives or joint committees, at

11 the direction of their Members, committee chairmen, or

12 the Speaker, as appropriate, and upon request of the se13 lect committee, may serve as associate staff to the select

14 committee for designated purposes. Associate staff shall

15 be deemed staff of the select committee to the extent nec16 essary for those designated purposes.

17 (h) Unless otherwise determined by the select com18 mittee, the chairman, upon consultation with the ranking

19 minority member, or the select committee, may authorize

20 the taking of affidavits and depositions pursuant to notice

21 or subpoena, by a Member or by designated staff, under

22 oath administered by a Member or a person otherwise au23 thorized by law to administer oaths. Deposition and affi24 davit testimony shall be deemed to have been taken in

25 Washington, DC, before the select committee once filed
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1 there with the clerk of the committee for the committee’s

2 use. Unless otherwise directed by the committee, all depo3 sitions, affidavits, and other materials received in the in4 vestigation shall be considered nonpublic until received by

5 the select committee, except that all such material shall,

6 unless otherwise directed by the committee, be available

7 for use by the members of the select committee in open

8 session.

9 (i) The select committee shall be authorized to re10 spond to any judicial or other process or to make any ap11 plications to court, upon consultation with the Speaker

12 consistent with rule L of the rules of the House of Rep13 resentatives.

14 (j) The select committee may submit to standing

15 committees, including the Permanent Select Committee on

16 Intelligence, specific matters within their jurisdiction and

17 may request that such committees pursue such matters

18 further. Committees pursuing such requested inquiries

19 may, in turn, receive the continuing assistance, consistent

20 with the select committee’s own jurisdiction, of the select

21 committee’s legal process, personnel, and records. Com22 mittees which pursue or have pursued inquiries, during

23 the previous or current Congress, within the subjects of

24 the select committee investigation, shall furnish the select

25 committee with copies of all testimony and documents.
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1 (k) The select committee shall provide other commit2 tees and Members of the House of Representatives with

3 access to information and proceedings, consistent with

4 clause 7(c)(2) of rule XLVIII of the rules of the House

5 of Representatives. However, the select committee may di6 rect that particular matters or classes of matter shall not

7 be made available to any person by its members, staff,

8 or others, or may impose any other restriction. The select

9 committee may require its staff to enter nondisclosure

10 agreements, and its chairman, in consultation with the

11 ranking minority member, may require others, such as

12 counsel for witnesses, to do so. The Committee on Stand13 ards of Official Conduct may investigate any unauthorized

14 disclosure of such classified information by a Member, of15 ficer, employee of the House of Representatives, or other

16 covered person upon request of the select committee. If,

17 at the conclusion of its investigation, the Committee on

18 Standards of Official Conduct determines that there has

19 been a significant unauthorized disclosure, it shall report

20 its findings to the House of Representatives and rec21 ommend appropriate sanctions for the Member, officer,

22 employee, or other covered person consistent with clause

23 7(e) of rule XLVIII of the rules of the House of Rep24 resentatives and any committee restriction, including non25 disclosure agreements.
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1 (l) There shall be paid out of applicable accounts of

2 the House of Representatives such sums as may be nec3 essary for the expenses of the select committee. Such pay4 ments shall be made on vouchers signed by the chairman

5 and approved in the manner directed by the Committee

6 on House Oversight. Amounts made available under this

7 subsection shall be expended in accordance with regula8 tions prescribed by the Committee on House Oversight of

9 the House of Representatives.

10 (m) The select committee shall report to the House

11 of Representatives the final results of its investigation and

12 study as soon as practicable during the present Congress.

13 Following the filing of its final report, it shall have one

14 month before the authority herein shall expire in order to

15 close its affairs, including provision of assistance to com16 mittees pursuing remaining inquiries, transmittal of

17 records to other committees, and storage of its remaining

18 records by the Clerk of the House of Representatives, who

19 may, as directed by the select committee, store records in

20 secure facilities of the intelligence community pursuant to

21 agreement retaining control of access by the House of

22 Representatives.

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