III 112th CONGRESS 1st Session S. RES. 169 IN THE SENATE OF THE UNITED STATES May 5, 2011 Mr. Reid (for himself and Mr. McConnell) submitted the following resolution; which was considered and agreed to RESOLUTION To authorize testimony, documents and legal representation.

Whereas, in the case of Social Security Administration v. Charlotte N. White, No. CB–75211–11–0004–T–1, pending before the Merit Systems Protection Board, a subpoena for deposition testimony and document production has been served on Sherae Hunter and a subpoena for deposition testimony has been served on Wes Kungel, both employees in the Office of Senator Mary L. Landrieu; 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 employees 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, 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 Sherae Hunter and Wes Kungel are authorized to testify and produce documents in Social Security Administration v. Charlotte N. White, except concerning matters for which a privilege should be asserted.

2.The Senate Legal Counsel is authorized to represent Sherae Hunter, Wes Kungel, and any other individual in Senator Landrieu's office in this matter.