insufficient admissible, credible evidence

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House Calendar No. 142
98TH CONGRU HOUSE OF REPRESENTATIVES RPORT
1ot Sesion I I No. 98-559
INVESTIGATION PURSUANT TO HOUSE RES-
OLUTION 12 CONCERNING ALLEGED ILLIC-
IT USE OR DISTRIBUTION OF DRUGS BY
MEMBERS, OFFICERS, OR EMPLOYEES OF
THE HOUSE
REPORT
OF THE
COMMITTEE ON
STANDARDS OF OFFICIAL CONDUCT
HOUSE OF REPRESENTATIVES
Novunum 17, 1983.-Referred to the House Calendar and ordered to be
printed
U.S. GOVERNMENT PRINTING OFFICE
2-290 0 WASHINGTON : 1983
COMMITEE ON STANDARDS OF OFFICIAL CONDUCT
LOUIS STOKES, Ohio,Chairma
NICK JOE RAHALL I, West Virgnia FLOYD D. SPENCE, South Carolina
ED JENKMS, Georgia BARBER B. CONABLE, JL, Now York
JULIAN C. DIXON, California JOHN T. MYERS, Indiana
VIC FAZIO, California EDWIN B. FORSYTHE, Now Jersey
WILLIAM J. COYNE, Pennsylvania HANK BROWN, Colorado
JAMES V. HANSEN, Utah
Jomd M. SwANmm, Staff li|rtor
Jos..A. CAaAvo, Jr., Spmw COw.
Richard Cotton. Deputy Spwi Counel
HAMLTON P. Fox I, Aoiate Spuial Courael
(UI)
LETTER OF SUBMITTAL
U.S.
HOUSE OF REPRESENTATIVES,
COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT,
Washington, D.C., November 17, 1983.
Hon. THOMAS P. O'NEILL, Jr.
The Speaker,
US. House of Representatives, Washington, D.C.
DEAR MR. SPEAKER: Pursuant to House Resolution 12 of the 98th
Congress, I herewith submit the attached Report from the Commit-
tee on Standards of Official Conduct.
Sincerely,
Louis STOKES, Chairman.
(III)

1
98TH CONGRESS HOUSE OF REPRESENTATIVES REPoRT
1st Session No. 98-559
REPORT ON THE INVESTIGATION PURSUANT TO HOUSE RESOLUTION 12
CONCERNING ALLEGED ILLICIT USE OR DISTRIBUTION OF DRUGS BY
MEMBERS, OFFICERS, OR EMPLOYEES OF THE HOUSE
Novrnm 17, 1983.-Referred to the House Calendar and ordered to be printed
Mr. SToKe, from the Committee on Standards of Official Conduct,
submitted the following
REPORT
I. INTRODUCTION
On July 13, 1982, the House agreed to House Resolution 518.
That resolution authorized and directed this Committee to conduct
a full and complete inquiry and investigation of:
(1) alleged improper or illegal sexual conduct by Members,
officers, or employees of the House;
(2) illicit use or distribution of drugs by Members, officers, or
employees of the House; and
(3) the offering of preferential treatment by Members, offi-
cers, or employees of the House to employees of the House, in-
cluding congressional pages, in exchange for any item referred
to in subclause (1) or (2).
H. Res. 518, 97th Cong., 2d Sess. (1982).
The Special Counsel today filed his final report with this Com-
mittee setting out the results of his investigation into alleged illicit
use or distribution of drugs by Members, officers, or employees of
the House. The Committee has approved his report, and it is at-
tached as an Appendix to this Report.
II. THE INVESTIGATION
This Committee and the Special Counsel carried out the investi-
gation under H. Res. 518, 97th Cong., 2d Sess., and H. Res. 12, 98th
Cong. 1st Sess., in four stages.
First, on December 14, 1982, the Special Counsel filed his Interim
Report setting out the results of the Special Counsel's investigation
of allegations of sexual misconduct made by two former House
pages. Second, on May 18, 1983, the Special Counsel filed his report
setting out the results of his review of certain narcotics investiga-
tions carried out by the Capitol Police. Third, on July 14, 1983 the
Special Counsel filed his Final Report on allegations of illegal or
28-290 0
improper sexual conduct by Members, officers or employees of the
House. Based on findings and recommendations of the Special
Counsel with regard to alleged illegal or improper sexual conduct,
the Committee issued Reports and made recommendations to the
House concerning Representative Gerry Studds and Representative
Daniel Crane. The House of Representatives censured these two
Members on July 20, 1983. 129 Cong. Rec. H5288, H5295. Also
based on the findings and recommendations of the Special Counsel,
the Committee issued a Statement of Alleged Violation in the case
of Majority Chief Page James Howarth, found that Mr. Howarth
had engaged in sexual relations with a 17-year-old female page
under his direct supervision, and recommended to the House that
Mr. Howarth be dismissed. Mr. Howarth has since resigned.
Today the Special Counsel has concluded the fourth and final
stage of the Committee's investigation under H. Res. 518 and H.
Res. 12. The Special Counsel's final report responds to the Chair-
man s charge that the Special Counsel report to the Committee on
his findings and recommendations based on the investigation that
has been conducted into alleged illicit use or distribution of drugs
by Members, officers or employees of the House.
With the submission of this Report to the House, the Committee
believes it has completed the charge given to it by the House in H.
Res. 518 and H. Res. 12.
III. FINDINGS BY SPECIAL COUNSEL
Pursuant to H. Res. 518 and H. Res. 12, the Special Counsel's in-
vestigation focused on three related sets of allegations involving ac-
tivities that allegedly occurred between 1980 and 1982: (1) that a
cocaine or narcotics "ring" was operating on Capitol Hill; (2) that
as many as 15 Members were involved with or had purchased
drugs from such a distribution network; and (3) that employees or
pages were used to purchase narcotics for Members or professional
staffers on the Hill.
In addition to investigating these three sets of allegations, to
assure the completeness of the investigation, the Special Counsel
also investigated all allegations received by the Committee of use
or distribution of drugs by Members, officers, or employees of the
House within the Capitol enclave. The Special Counsel also exam-
ined allegations of drug use or distribution off Capitol Hill if the
use or distribution was alleged to have been in any way connected
to House activities.
In the 16 months since July, 1982, the Special Counsel conducted
an exhaustive investigation of the allegations received by the Com-
mittee concerning distribution and use of drugs on Capitol Hill.
Based on his investigation, the Special Counsel reported to this
Committee that he reached the following conclusions:
First, the Special Counsel found there was insufficient evidence
to conclude that any of the allegations concerning use or distribu-
tion of drugs on Capitol Hill by current Members of the House
were true. In particular, the Special Counsel found that the evi-
dence was unsufficient to justify issuance of a Statement of Alleged
Violation against either Representative Ronald Dellums of Califor-
nia or Representative Charles Wilson of Texas.
Second, the Special Counsel found there was substantial evidence
that three former Members of the House either purchased or used
illicit drugs (cocaine or marijuana) while they were Members
during the years 1978 to 1982. In accordance with the consistent
policy of the House not to take action against former Members, the
Special Counsel did not pursue an investigation of these individ-
uals.
Third, the Special Counsel found no evidence of an organized
drug distribution organization operating on Capitol Hill in which
congressional employees or pages were used as couriers or interme-
diaries.
The Special Counsel did find evidence that Douglas Marshall,
Robert Finkel and Troy Todd were each engaged at various times
during the period 1978-1982 in the distribution of cocaine and
other drugs in the District of Columbia. The evidence showed that
over a four year period, 1978-82, Messrs. Marshall and Finkel sold
cocaine and other drugs to some 14 Senate employees and five
House employees. Some of these customers may have resold drugs
to others employed on the Hill. All evidence with respect to drug
use by Senate employees has been turned over to the Senate Select
Committee on Ethics.
The Special Counsel, however, found no evidence that Marshall,
Finkel, or Todd used Capitol Hill employees to distribute drugs, or
that such employees were employed by or used by Marshall,
Finkel, or Todd to make their drug sales.
Moreover, the Special Counsel reported that Marshall, Finkel
and Todd all testified that they did not sell cocaine or any other
drugs to any current Member of the House, and the Special Coun-
sel found no evidence of any such sales by the three. The Special
Counsel reported that Marshall testified that he sold cocaine to one
Representative, in 1979 or 1980, who is no longer a Member of the
House, and that Finkel and Todd testified that they did not sell
drugs to any current or former Member of the House.
Fourth, the Special Counsel reported that he obtained evidence
of drug use and distribution on the part of some House employees.
In the course of this investigation, the Special Counsel recom-
mended and the Committee voted six preliminary inquiries. The
Committee has filed its report on James Howarth with the House
and that case is now concluded. The preliminary inquiries voted
against Robert Yesh and James Beattie terminated with their res-
ignations. The Special Counsel found that in the three remaining
cases-one involving Representative Dellums and two involving
House staff members-the evidence developed in the course of the
investigation did not provide sufficient basis for the Committee to
vote to issue a Statement of Alleged Violation.
Ill. RECOMMENDATIONS BY THE SPECIAL COUNSEL AND ACTION BY THE
COMMITTEE
A. Representative Dellums
For the reasons set out in his report, the Special Counsel recom-
mended to the Committee that it not issue a Statement of Alleged
Violation against Representative Dellums. Based on the Special
Counsel's recommendation, the Committee decided to take no fur.
ther action with respect to Representative Dellums.
B. Representative Wilson
For the reasons set out in his report, the Special Counsel recom-
mended to the Committee that it not issue a Statement of Alleged
Violation against Representative Wilson. Based on the recommen-
dation of the Special Counsel, the Committee decided to take no
further action with respect to Representative Wilson.
C. Other preliminary inquiries
For the reasons set out in his report, the Special Counsel recom-
mended that the Committee not issue a Statement of Alleged Vio-
lation in the case of two employees who were the subjects of Pre-
liminary Inquiries. Based on the recommendation of the Special
Counsel, the Committee decided to take no further action in those
two cases.
D. House employees
For the reasons set out in his report, the Special Counsel recom-
mended to the Committee that two steps be taken with respect to
evidence obtained of drug use by current employees of the House:
First, the Special Counsel recommended that the Committee turn
over to the immediate supervisor any evidence of drug use and dis-
tribution by an employee which might warrant disciplinary action.
In the case of the personal staff of a Member, the material would
be made available to the Member; in the case of Committee staff,
the material would be made available to the Committee Chairman;
in the case of employees in the Doorkeeper's office, the material
would be made available to the Doorkeeper.
Second, the Special Counsel recommended that the Committee
take measures to assure that the Justice Department is aware of
all evidence of illegal drug use and distribution developed by the
Special Counsel in the course of this investigation. The Department
would then be in a position to request from the Committee any evi-
dence it feels would be relevant to its law enforcement responsibil-
ities.
The Committee accepted these recommendations and directed
the Special Counsel to take the steps necessary to carry out his rec-
ommendations.
E. Other recommendations
Based on the investigation that has been carried out, the Special
Counsel also made the following recommendations:
1. The House leadership should assure that the capacity
exists-either within the Capitol Police or from another law
enforcement agency-to carry out criminal investigations, in-
cluding drug investigations, on Capitol Hill.
2. The House should establish employee assistance programs
to provide counseling and guidance to employees who have
drug or alcohol problems.
3. The House should establish fair and effective procedures
for disciplining and discharging employees accused of miscon-
duct.
The Committee endorses the Special Counsel's recommendation
with respect to criminal investigations on Capitol Hill and employ-
ee assistance programs, and authorizes the Special Counsel to for-
ward those recommendations to the House leadership for consider-
ation. In regard to the recommendations relating to employee disci-
plinary procedures, the Committee has requested its permanent
staff to examine the recommendation and report back to the Com-
mittee.
STATEMENT UNDER CLAUSE 2 OF RULE X1
The Committee's oversight findings and recommendations are as
stated above.
No budget statement is submitted.
This report was adopted by a vote, yeas-10-nays-0, on Novem-
ber 17, 1983.