III 109th CONGRESS 2d Session S. RES. 538 IN THE SENATE OF THE UNITED STATES July 21, 2006 Mr. Frist (for himself and Mr. Reid) submitted the following resolution; which was considered and agreed to RESOLUTION To authorize representation by the Senate Legal Counsel in the case of Rockefeller v. Bingaman, et al.

Whereas, in the case of Rockefeller v. Bingaman, et al., Case No. 06–CV–0198 (D.N.M.), pending in the United States District Court for the District of New Mexico, the plaintiff has named as defendants Senator Jeff Bingaman and the United States Senate; and Whereas, pursuant to sections 703(a) and 704(a)(1) of the Ethics in Government Act of 1978, 2 U.S.C. 288b(a) and 288c(a)(1), the Senate may direct its counsel to defend the Senate and Members, officers, and employees of the Senate in civil actions relating to their official responsibilities: Now, therefore, be it

That the Senate Legal Counsel is authorized to represent Senator Jeff Bingaman and the United States Senate in the case of Rockefeller v. Bingaman, et al.