[Congressional Record Volume 158, Number 171 (Monday, December 31, 2012)]
[Senate]
[Page S8610]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    AUTHORIZING DOCUMENT PRODUCTION

  Mr. PRYOR. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of S. Res. 629, which was submitted 
earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 629) to authorize the production of 
     records by the Committee on Armed Services.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, the Committee on Armed Services has received 
a request from the Secretary of the Air Force seeking access to records 
of the Committee relating to the Committee's consideration of the 1972 
nomination of MG John D. Lavelle to retire at the rank of lieutenant 
general. That nomination was not confirmed. In 2010, the President 
nominated Major General Lavelle to be posthumously advanced on the 
retired list to the rank of general. After the Chairman of the Armed 
Services Committee requested further information regarding that 
nomination, the Air Force initiated an independent review of Major 
General Lavelle's case. That review is being led by the Honorable 
William H. Webster.
  The Secretary of the Air Force requests that Judge Webster and those 
assisting him in the independent review be granted access to the 
Committee's executive session documents relating to the 1972 Lavelle 
nomination. The Chair and Ranking Minority Member of the Committee 
would like to be able to cooperate with this request by providing 
access to those conducting this independent review to the requested 
committee records.
  This resolution would authorize the Chairman and Ranking Minority 
Member of the Committee on Armed Services, acting jointly, to provide 
records, under appropriate security procedures, from the Committee's 
1972 consideration of the Lavelle nomination to those conducting the 
independent review of Major General Lavelle's case on behalf of the Air 
Force.
  Mr. PRYOR. Mr. President, I ask unanimous consent the resolution be 
agreed to, the preamble be agreed to, the motions to reconsider be laid 
upon the table, with no intervening action or debate, and any 
statements related to the resolution be printed in the Record as if 
read.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 629) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 629

       Whereas, the United States Air Force has initiated an 
     independent review of the case of Major General John D. 
     Lavelle, who has been nominated to be advanced posthumously 
     on the retired list to the rank of general;
       Whereas, the Committee has received a request from the 
     Secretary of the Air Force that those conducting the 
     independent review of Major General Lavelle's nomination be 
     given access to the Committee's executive session documents 
     relating to Major General Lavelle's 1972 nomination to the 
     rank of lieutenant general on the retired list of the Air 
     Force;
       Whereas, by the privileges of the Senate of the United 
     States and Rule XI of the Standing Rules of the Senate, no 
     evidence under the control or in the possession of the Senate 
     can, by administrative or judicial process, be taken from 
     such control or possession but by permission of the Senate;
       Whereas, when it appears that evidence under the control or 
     in the possession of the Senate is needed for the promotion 
     of justice, the Senate will take such action as will promote 
     the ends of justice consistent with the privileges of the 
     Senate: Now, therefore, be it
       Resolved, That the Chairman and Ranking Minority Member of 
     the Committee on Armed Services, acting jointly, are 
     authorized to provide, under appropriate security procedures, 
     records from the Committee's executive sessions relating to 
     Major General John D. Lavelle's 1972 nomination to those 
     persons conducting the independent review of Major General 
     Lavelle's case on behalf of the Air Force.

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