[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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