[Congressional Record Volume 142, Number 34 (Wednesday, March 13, 1996)]
[Senate]
[Page S1967]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               THE NOMINATION OF COMMANDER ROBERT STUMPF

  Mr. THURMOND. Mr. President, the Senate Armed Services Committee 
agreed on March 13, 1996 to issue the following statement concerning 
the consideration of the nomination of Commander Robert Stumpf, U.S. 
Navy.
  On March 11, 1994, the President submitted various nominations for 
promotion in the Navy to the grade of Captain (0-6), including a list 
containing the nomination of Commander Stumpf. On the same date, the 
Assistant Secretary of Defense, in the letter required by the committee 
on all Navy and Marine Corps nominees, advised the committee that none 
of the officers had been identified as potentially implicated on 
matters related to Tailhook. The list was reported favorably to the 
Senate on May 19, 1994, and all nominations on the list were confirmed 
by the Senate on May 24, 1994.
  Subsequent to the Senate's confirmation of the list, but prior to the 
appointment by the President of Commander Stumpf to the grade of 
Captain, the committee was advised by the Department of Defense that 
the March 11, 1994 letter had been in error because the Navy had failed 
to inform the Office of the Secretary of Defense that Commander Stumpf 
had been identified as potentially implicated in Tailhook. On June 30, 
1994, the committee requested that the Navy withhold action on the 
promotion until the committee had an opportunity to review the 
information that had not been made available to the Senate during the 
confirmation proceedings.
  On April 4, 1995, the Navy provided the Committee with the report of 
the investigation and related information concerning Commander Stumpf, 
and subsequently provided additional information in response to 
requests from the committee. On October 25, 1995, the committee met in 
closed session--consistent with longstanding practice--to consider a 
number of nominations and to consider the matter involving Commander 
Stumpf. The committee directed the Chairman and Ranking Member to 
advise the Secretary of the Navy that ``had the information regarding 
Commander Stumpf's activities surrounding Tailhook `91 been available 
to the committee, as required, at the time of the nomination, the 
committee would not have recommended that the Senate confirm his 
nomination to the grade of Captain.'' The committee also directed that 
the letter advise the Secretary that: ``The committee recognizes that, 
in light of the Senate having earlier given its advice and consent to 
Commander Stumpf's nomination, the decision to promote him rests solely 
with the Executive Branch.'' A draft letter was prepared, made 
available for review by all members of the committee, and was 
transmitted to the Secretary on November 13, 1995. On December 22, 
1995, the Secretary of the Navy removed Commander Stumpf's name from 
the promotion list.
  The committee met on March 12, 1996, to review the committee's 
procedures for considering Navy and Marine Corps nominations in the 
aftermath of Tailhook. At that meeting, the committee reviewed the 
proceedings concerning Commander Stumpf.
  The committee, in considering the promotion of Commander Stumpf, 
acted in good faith and in accordance with established rules and 
procedures, including procedures designed to protect the privacy and 
reputation of nominees, with appropriate regard for the rights of 
Commander Stumpf. The Chief of Naval Operations has testified that he 
believes such confidentiality should be maintained. The committee made 
its November 13, 1995 recommendation based upon information that was 
made available by the Navy.
  At the present time, no nomination concerning Commander Stumpf is 
pending before the committee, and the Secretary of the Navy has removed 
his name from the promotion list. The committee has been advised by the 
Navy's General Counsel that this administrative action taken by the 
Secretary of the Navy is final and that the Secretary cannot act 
unilaterally to promote Commander Stumpf.
  The committee notes that much of the material that has appeared in 
the media about the substantive and procedural issues concerning this 
matter, is inaccurate and incomplete.
  As with any nominee whose name has been removed from a promotion 
list, Commander Stumpf remains eligible for further nomination by the 
President. If he is nominated again for promotion to Captain, the 
committee will give the nomination the same careful consideration it 
would give any nominee.

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