[Congressional Record Volume 149, Number 173 (Monday, November 24, 2003)]
[Senate]
[Page S15879]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   AUTHORIZING PRODUCTION OF RECORDS

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 274 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. 274) to authorize the production of 
     records by the Permanent Subcommittee on Investigations of 
     the Committee on Governmental Affairs.

  There being no objection, Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, the Permanent Subcommittee on 
Investigations of the Committee on Governmental Affairs has received 
requests from various law enforcement and regulatory officials and 
agencies for assistance in connection with pending investigations for 
copies of records that the subcommittee obtained during its recent 
investigation into the role of accountants, lawyers, and financial 
professionals in the tax shelter industry.
  This resolution would authorize the chairman and ranking member of 
the Permanent Subcommittee on Investigations, acting jointly, to 
provide investigative records, obtained by the subcommittee in the 
course of its investigation, in response to these requests.
  Mr. FRIST. Mr. President, I ask unanimous consent that the resolution 
be agreed to, the preamble be agreed to, the motion to reconsider be 
laid upon the table, and that any statements relating to this matter be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 274) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 274

       Whereas, the Permanent Subcommittee on Investigations of 
     the Committee on Governmental Affairs has been conducting an 
     investigation into the role of accountants, lawyers, and 
     financial professionals in the tax shelter industry;
       Whereas, the Subcommittee has received requests from law 
     enforcement and regulatory officials and agencies for access 
     to records of the Subcommittee's 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 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 Permanent Subcommittee on Investigations of the Committee 
     on Governmental Affairs, acting jointly, are authorized to 
     provide to law enforcement and regulatory entities and 
     officials, court-appointed officials, and other entities or 
     individuals duly authorized by Federal, State, or foreign 
     governments, records of the Subcommittee's investigation into 
     the role of accountants, lawyers, and financial professionals 
     in the tax shelter industry.

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