IV

105TH CONGRESS

1ST SESSION H. RES. 70

To establish a select committee to investigate CIA involvement in the financing, distribution and promulgation of crack cocaine and the use of any

proceeds to support the Contras.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 13, 1997

Ms. MILLENDER-MCDONALD submitted the following resolution; which was

referred to the Committee on Rules

RESOLUTION

To establish a select committee to investigate CIA involvement in the financing, distribution and promulgation of

crack cocaine and the use of any proceeds to support

the 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 in South Central Los Angeles (hereinafter referred

6 to in this resolution as the ‘‘select committee’’).

7 (b) The select committee shall be composed of 27

8 Members of the House to be appointed by the Speaker,
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1 one of whom he shall designate as chairman, and one of

2 whom he shall designate as vice chairman. Not more than

3 15 members of the select committee shall be of the same

4 political party. Any vacancy occurring in the membership

5 of the select committee shall be filled in the same manner

6 in which the original appointment was made.

7 (c) The select committee is authorized and directed

8 to conduct a full and complete investigation and study,

9 and to make such findings and recommendations to the

10 House as the select committee deems appropriate, regard11 ing the alleged involvement of the Central Intelligence

12 Agency in the financing, distribution, and sale of crack

13 cocaine in south central Los Angeles and the surrounding

14 area and its further involvement in the use of profits from

15 such alleged activities to fund anti-government forces in

16 Nicaragua.

17 (d) One-third of the members of the select committee

18 shall constitute a quorum for the transaction of business

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

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

21 that the select committee may designate a lesser number,

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

23 holding hearings to take testimony. When a quorum for

24 any particular purpose is present, general proxies may be

25 counted for that purpose. The select committee may sit
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1 while the House is reading a measure for amendment

2 under the five-minute rule. The rules of the House shall

3 govern the select committee where not inconsistent with

4 this resolution. The select committee shall adopt addi5 tional written rules, which shall be public, to govern its

6 procedures, which shall not be inconsistent with this reso7 lution or the rules of the House. Such rules may govern

8 the conduct of the depositions, interviews, and hearings

9 of the select committee, including the persons present.

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

11 during the present Congress at such times and places

12 within the United States, including any Commonwealth or

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

14 House is in session, has recessed, or has adjourned; to

15 require, by subpoena or otherwise, the attendance and tes16 timony of such witnesses, the furnishing of information

17 by interrogatory, and the production of such books,

18 records, correspondence, memoranda, papers, documents,

19 calendars, recordings, data compilations from which infor20 mation can be obtained, tangible objects, and other things
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1 and information of any kind as it deems necessary, includ2 ing all intelligence materials however classified; and to ob3 tain evidence in other appropriate countries with the co4 operation of their governments. Unless otherwise deter5 mined by the select committee the chairman, upon con6 sultation with the ranking minority member, or the select

7 committee, shall authorize and issue subpoenas. Subpoe8 nas shall be issued under the seal of the House and at9 tested by the Clerk, and may be served by any persons

10 designated by the chairman or any member. Provisions

11 may be included in the rules and process of the select com12 mittee to prevent the disclosure of committee demands for

13 information. The select committee may request investiga14 tions, reports, and other assistance from any agency of

15 the executive, legislative, and judicial branches of the Fed16 eral Government.

17 (f) The chairman, or in his absence the vice chair18 man, or in their absence a member designated by the

19 chairman, shall preside at all meetings and hearings of

20 the select committee. All meetings and hearings of the

21 committee shall be conducted in open session, unless a ma22 jority of members of the select committee voting, there

23 being in attendance the requisite number required for the

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

25 meeting or hearing. Pursuant to rule XI(3)(f)(2), coverage
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1 of testimony of subpoenaed witnesses will be limited at

2 their request, unless a majority of members of the select

3 committee voting, there being in attendance the requisite

4 number required for the conduct of business, vote other5 wise.

6 (g) The chairman, upon consultation with the rank7 ing minority member, may employ and fix the compensa8 tion of such clerks, experts, consultants, technicians, at9 torneys, investigators, and clerical and stenographic as10 sistants as it considers necessary to carry out the purposes

11 of this resolution. No more than three such staff may re12 ceive compensation corresponding to Executive Level IV.

13 The select committee shall be deemed a committee of the

14 House for all purposes of law, including rule XI(2)(n), and

15 sections 6005, 1505, and 1621 of title 18, section 192 of

16 title 2, 1754(b)(1)(B)(ii) of title 22, and section 734(a)

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

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

19 and other necessary expenses incurred by them in the per20 formance of the duties vested in the select committee,

21 other than expenses in connection with meetings of the

22 select committee held in the District of Columbia. Staff

23 of the House or joint committees, at the direction of their

24 Members, committee chairmen, or the Speaker, as appro25 priate, and upon request of the select committee, may
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1 serve as associate staff to the select committee for des2 ignated purposes. Associate staff shall be deemed staff of

3 the select committee to the extent necessary for those des4 ignated purposes.

5 (h) Unless otherwise determined by the select com6 mittee the chairman, upon consultation with the ranking

7 minority member, or the select committee, may authorize

8 the taking of affidavits, and of depositions pursuant to

9 notice or subpoena, by a Member or by designated staff,

10 under oath administered by a Member or a person other11 wise authorized by law to administer oaths. Deposition

12 and affidavit testimony shall be deemed to have been

13 taken in Washington, DC, before the select committee

14 once filed there with the clerk of the committee for the

15 committee’s use. Unless otherwise directed by the commit16 tee, all depositions, affidavits, and other materials received

17 in the investigation shall be considered nonpublic until re18 ceived by the select committee, except that all such mate19 rial shall, unless otherwise directed by the committee, be

20 available for use by the Members of the select committee

21 in open session.

22 (i) The select committee shall be authorized to re23 spond to any judicial or other process, or to make any

24 applications to court, upon consultation with the Speak25 er consistent with rule L.
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1 (j) The select committee may submit to standing

2 committees, including the Permanent Select Committee on

3 Intelligence, specific matters within their jurisdiction, and

4 may request that such committees pursue such matters

5 further. Committees pursuing such requested inquiries

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

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

8 committee’s legal process, personnel, and records. Com9 mittees which pursue or have pursued inquiries, during

10 the previous or current Congress, within the subjects of

11 the select committee investigation shall furnish the select

12 committee with copies of all testimony and documents.

13 (k) There shall be paid out of applicable accounts of

14 the House such sums as may be necessary for the expenses

15 of the select committee. Such payments shall be paid on

16 vouchers signed by the chairman and approved in the

17 manner directed by the Committee on House Oversight.

18 Amounts made available under this subsection shall be ex19 pended in accordance with regulations prescribed by the

20 Committee on House Oversight of the House.

21 (l) The select committee shall report to the House

22 the final results of its investigation and study as soon as

23 practicable during the present Congress. Following the fil24 ing of its final report, it shall have one month before the

25 authority herein shall expire in order to close its affairs,
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1 including provision of assistance to committees pursuing

2 remaining inquiries, transmittal of records to other com3 mittees, and storage of its remaining records by the Clerk

4 of the House, who may, as directed by the select commit5 tee, store records in secure facilities of the intelligence

6 community pursuant to agreement retaining control of ac7 cess by the House.

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