[Congressional Record (Bound Edition), Volume 154 (2008), Part 13]
[Senate]
[Page 17766]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   AUTHORIZING PRODUCTION OF RECORDS

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 642 submitted earlier 
today by Senators Reid and McConnell.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 642) to authorize the production of 
     records by the Permanent Subcommittee on Investigations of 
     the Committee on Homeland Security and Governmental Affairs.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, the Permanent Subcommittee on Investigations 
of the Committee on Homeland Security and Governmental Affairs has 
received requests from various law enforcement and regulatory agencies, 
seeking access to records that the Subcommittee obtained during its 
recent investigation into tax haven financial institutions, their 
formation and administration of offshore entities and accounts for use 
by U.S. clients, and the impact of those activities on tax compliance 
in the United States.
  This resolution would authorize the Chairman and Ranking Minority 
Member of the Permanent Subcommittee on Investigations, acting jointly, 
to provide records, obtained by the Subcommittee in the course of its 
investigation, in response to these requests and any similar requests 
from government entities and officials with a legitimate need for the 
records.
  Mr. DURBIN. Mr. President, I ask unanimous consent that 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.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 642) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 642

       Whereas, the Permanent Subcommittee on Investigations of 
     the Committee on Homeland Security and Governmental Affairs 
     conducted an investigation into tax haven financial 
     institutions, their formation and administration of offshore 
     entities and accounts for use by U.S. clients, and the impact 
     of those activities on tax compliance in the United States;
       Whereas, the Subcommittee has received a number of requests 
     from law enforcement and regulatory 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 Homeland Security and Governmental Affairs, acting 
     jointly, are authorized to provide to law enforcement 
     officials, regulatory agencies, and other entities or 
     individuals duly authorized by federal, state, or foreign 
     governments, records of the Subcommittee's investigation into 
     tax haven financial institutions, their formation and 
     administration of offshore entities and accounts for use by 
     U.S. clients, and the impact of those activities on tax 
     compliance in the United States.

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