III 109th CONGRESS 2d Session S. RES. 432 IN THE SENATE OF THE UNITED STATES April 5, 2006 Mr. Frist submitted the following resolution; which was considered and agreed to RESOLUTION To authorize testimony of a Member of the Senate in E.M. Gunderson v. Neil G. Galatz.

Whereas, in E.M. Gunderson v. Neil G. Galatz, File No. 04–106, pending before the Fee Dispute Arbitration Committee of the State Bar of Nevada, the petitioner has requested an affidavit from Senator Harry Reid; Whereas, pursuant to sections 703(a) and 704(a)(2) of the Ethics in Government Act of 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the Senate may direct its counsel to represent Members of the Senate with respect to any subpoena, order, or request for testimony relating to their official responsibilities; 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 may, by the judicial or administrative process, be taken from such control or possession but by permission of the Senate; Whereas, by rule VI of the Standing Rules of the Senate, no Senator shall absent himself from the service of the Senate without leave; and Whereas, when it appears that evidence under the control or in the possession of the Senate may promote the administration 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

That Senator Harry Reid is authorized to testify in the case of E.M. Gunderson v. Neil G. Galatz, except when his attendance at the Senate is necessary for the performance of his legislative duties and except concerning matters for which a privilege should be asserted.

2.The Senate Legal Counsel is authorized to represent Senator Harry Reid in connection with the testimony authorized in section one of this resolution.