AUTHORIZATION FOR THE RELEASE OF DOCUMENTS BY THE SELECT COMMITTEE ON INTELLIGENCE (Senate - May 15, 1991)

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Mr. METZENBAUM. Mr. President, on behalf of the majority leader, I send a resolution to the desk and I ask unanimous consent for its immediate consideration.

The PRESIDING OFFICER. The clerk will report.

The legislative clerk read as follows:

A resolution (S. Res. 127) to authorize the release of documents by the Select Committee on Intelligence.

The PRESIDING OFFICER. Is there objection to the immediate consideration of the resolution?

There being no objection, the Senate proceeded to consider the resolution.

Mr. MITCHELL. Mr. President, Independent Counsel Lawrence Walsh has requested copies of a number of documents of the Select Committee on Secret Military Assistance to Iran and the Nicaraguan Opposition to assist his office in the completion of its investigation. In accordance with section 6(b)(3) of Senate Resolution 23 of the 100th Congress, the records of the Senate Iran-Contra Committee were transferred, on the committee's termination, to the Select Committee on Intelligence.

Since the outset of the Iran-Contra matter, the Senate has agreed to several resolutions to authorize the chairman and vice chairman of the Intelligence Committee, acting jointly, to provide documents either to the independent counsel or, in matters in which indictments have been returned, to the defendants. The following resolution would authorize the chairman and vice chairman of the Intelligence Committee, acting jointly, to furnish additional documents to the independent counsel under appropriate security controls.

The PRESIDING OFFICER. Is there any further debate? If not, the question is on agreeing to the resolution.

The resolution (S. Res. 127) was agreed to.

The preamble was agreed to.

The resolution, with its preamble, reads as follows:

S. Res. 127

Whereas Independent Counsel Lawrence E. Walsh has requested certain documents within the custody and control of the Select Committee on Intelligence to assist his office in the completion of its investigation;

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 documents, papers, and records under the control or in the possesion of the Senate may promote the administration of justice, the Senate will take such action as will promote the ends of justice consistently with the privileges of the Senate: Now, therefore, be it

Resolved, That the Chairman and Vice Chairman of the Select Committee on Intelligence, acting jointly, are authorized to provide to the Independent Counsel, under appropriate security controls, documents in the custody and control of the Committee.

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