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The Service Group: known primarily as House Floor Services, it includes administrative support of the House cloakrooms, the Members' Family Room, the Lindy Claiborne Boggs Congressional Women's Reading Room and the House Prayer Room.

Office of the House Employment Counsel: provides counsel, support and representation to employing authorities of the House.

I appreciate having the opportunity to appear today. I am ready to assist you in anyway throughout the development of the FY2002 spending bill for the House and will be delighted to answer any questions you may have.

Statement of the Honorable Wilson Livingood
Sergeant at Arms. U.S. House of Representatives
Before

The Subcommittee on Legislative Appropriations
For the Fiscal Year 2002 Budget Submission
Of the Office of the Sergeant at Arms

Good morning Mr. Chairman, Mr. Moran, and members of the Committee, it is a pleasure to be here to discuss the Office of the Sergeant at Arms budget request for Fiscal Year 2002

As Sergeant at Arms, my office continues to ensure the safety and security of all Members of Congress, their staff, visiting world leaders, and the general public. I review and implement all security issues related to the Congress and oversee the physical security of the United States Capitol, its grounds, and the House Office Buildings.

The Sergeant at Arms office is comprised of the following divisions: Chamber Security, Police Services Special Events, Garage and Parking Security, Administration, and identification Services. Through these divisions I am able to oversee security on the House Floor and Galleries, the Appointments Desk, and the House Garages, and administer the distribution of Members' pins and staff identification badges. With the recent approval of my request for an office re-organization, I have merged the divisions of Police Services and Special Events and developed a career path for Garage and Parking Security staff. I am pleased to report that we were able to accomplish this re-organization without an increase in personnel funding or total number of FTE's.

With the onset of the 107 Congress, my office distributed new identification badges and parking permits for all House employees. My office provided security and logistical support during the Opening Day ceremonies, the Electoral College, the Presidential Inauguration, and the President's Address to Congress. During this past year. I have worked closely with the Clerk of the House. the Chief Administrative Officer, and the Architect of the Capitol in forming the House Operations Recovery Team (HORT). HORT is responsible for the development and implementation of an operations contingency plan in the event of an emergency. As a member of both the United States Capitol Police Board and the United States Capitol Guide Board, I have been able to actively participate in establishing policies and guidelines to safeguard the Capitol complex. Additionally, I have met with the Architect of the Capitol to begin security planning for the Capitol Visitor's Center.

My request for non-personnel expenses such as travel; rent, communications, and utilities (RCU); supplies and materials; equipment; and other services for fiscal year 2002 is $408,000. In addition to general expenses, funds have been requested for the purchase of Member pins,

advance and support of congressional committee field hearings, political issue conferences, training seminars and conferences, and official special events and funerals. Funds for other services are requested to continue training in the areas of leadership and management, chemical/biological, crisis management, strategic planning, and job specific training.

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The FY02 budget request for personnel expenses to support the 82 FTEs authorized is $3,675,000. This increase is due to a FY01 base adjustment, the annualization of the FY01 COLA, prorated FY02 COLA, and longevity and merit increases. I would like to point out I have taken lapse into consideration in the Sergeant at Arms office request for personnel funding.

The total FY02 budget request for the Office of the Sergeant at Arms is $4,083,000. This increase of $391,000 is 10.6% over the amount provided in FY 01.

Thank you for the opportunity to appear before the Committee and I assure you of my desire to cooperate and work with you on all matters of mutual interest. It is my goal to provide quality support services to the House of Representatives while remaining fiscally responsible. I will continue to keep the Committee informed of my activities and will be happy to answer any questions that you may have.

Statement of Geraldine R. Gennet, General Counsel

Office of the General Counsel

U.S. House of Representatives

Before the Subcommittee on Legislative Appropriations
Committee on Appropriations

Regarding Fiscal Year 2002 Budget Request

Mr. Chairman and Members of the Subcommittee: Thank you for the opportunity to present and explain the fiscal year 2002 budget request of the House's Office of General Counsel ("OGC"). For fiscal year 2002, the OGC requests $892,000, which is an increase of $86,000 over its fiscal year 2001 appropriation. The $86,000 increase is comprised of a $41,000 personnel component and a $45,000 equipment component, the justification for each of which is provided below.

Functions of the Office

Pursuant to Rule II(8) of the Rules of the House (107th Cong.) and 2 U.S.C. § 130(f), the OGC provides legal advice and assistance to Members, Committees, officers and employees of the House, without regard to political affiliation, on matters related to their official duties. The office is an independent entity in the House which reports, on policy matters and matters of institutional interest to the House, to the Speaker and the Bipartisan Legal Advisory Group (consisting of the majority and minority leaders, and the majority and minority whips). While it is impossible to provide an exhaustive list of the types of advice and representation the OGC provides, the office addresses the following areas with some frequency:

Judicial Proceedings: The OGC represents Members, Committees, officers and employees, both as parties and witnesses, in litigation arising from or relating to the performance of their official duties and responsibilities, both at the trial and appellate level. Among other things, the office defends civil actions; moves to quash subpoenas; applies to the District Court for immunity orders; and files amicus curiae briefs on behalf of the House and/or one or more of its constituent entities. By way of example, the office is presently representing the Clerk of the House in a congressional compensation (27th Amendment) case now pending before the 10th Circuit, and in an apportionment-related dispute now pending before a three-judge District Court in Connecticut.

Committee Subpoenas: The OGC provides advice and assistance to House Committees and Subcommittees in connection with the preparation, service and validity of Committee and Subcommittee subpoenas, including advice and assistance in dealing with recalcitrant witnesses.

Requests for Information: The OGC provides advice and representation in connection with responses to informal and formal requests for information (grand jury, trial and deposition subpoenas) from governmental agencies (including the

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Counsel), as well as private parties.

Privileges: The OGC reviews, evaluates and provides advice regarding the applicability and waiver of various privileges, such as executive, Fifth Amendment, attorney-client, attorney work product, deliberative process and, most particularly, the Speech or Debate Clause privilege (U.S. Const. art. I, § 6, cl. 1).

Tort Claims: The OGC reviews and evaluates tort claims for administrative resolution and, where appropriate, refers such claims to the Department of Justice for defense under the Federal Tort Claims Act.

Constituent Information: The OGC provides advice and assistance to Members and their staffs regarding the maintenance of the confidentiality of constituent communications and information.

Contract Disputes: The OGC assists in resolving major contract disputes
involving House entities and outside vendors.

Internal Policy Development: In consultation with the Speaker's office and other leadership offices, the OGC assists in creating and amending internal House policies and regulations.

Formal Legal Opinions: From time to time, the OGC issues formal legal
opinions on matters of interest to Members, Committees and/or officers.

Parliamentary Matters: Normally in consultation with the Parliamentarian of the House, the OGC provides advice to Committees and Subcommittees on parliamentary issues and other issues involving the interpretation of the Rules of the House.

Justification for Budget Increase

At present, the OGC consists of four lawyers, three legal assistants (one full-time and two part-time) and two support staff. The $41,000 personnel component of the budget increase is based on (a) the expected promotion of the full-time legal assistant – who has just completed law school at Georgetown - to an attorney position when he takes and passes the bar examination, and (b) the anticipated hiring of a new full-time paralegal later in the 2001 fiscal year. The new paralegal will handle several ongoing office projects, including the archiving of closed OGC files using a computerized database program, and the revamping and maintenance of the office's subject matter files. The new paralegal will also assist in the labor-intensive task of responding to wide-ranging document subpoenas which have been served on House Members with increasing frequency of late.

The $45,000 equipment component of the budget increase - which brings to $65,000 the total equipment component of the budget request

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