1Statement of Irvin B. Nathan, General CounselOffice of the General CounselU.S. House of RepresentativesBefore the Legislative Branch SubcommitteeOf The Committee on AppropriationsRegarding Fiscal Year 2009 Budget Request for OGC

Madam Chair and Members of the Subcommittee: Thank you for the opportunity to present andexplain the fiscal year 2009 (“FY’09") budget request of the House’s Office of General Counsel(“OGC”). For FY’09, the OGC requests $1,357,000, which represents an increase of $182,000over the fiscal year 2008 appropriation of $1,175,000, or an increase of 15.5 %. The proposedincrease consists of a $138,000 increase in personnel costs, and $44,000 in non-personnel costs.The justification for the requested increase, as set forth below, is greater work demands on theoffice and a need to recruit and retain highly qualified lawyers for the office.Functions of the Office

Pursuant to Rule II(8) of the Rules of the House (110th Cong.) and 2 U.S.C. § 130(f), the OGCprovides legal advice and assistance to Members, Committees, officers and employees of theHouse, without regard to political affiliation, on matters related to their official duties. The officeis an independent entity in the House which reports, on policy matters and matters of institutionalinterest to the House, to the Speaker and the Bipartisan Legal Advisory Group (consisting of theMajority and Minority leaders, and the Majority and Minority whips). While it is difficult toprovide an exhaustive list of the types of advice and representation the OGC provides, the officeaddresses at least 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 theperformance of their official duties and responsibilities, both at the trial andappellate levels. Among other things, the office defends civil suits; moves toquash or limit subpoenas; applies to the District Court for immunity orders forwitnesses before Committees and Subcommittees; and files amicus curiae briefson behalf of the House and/or one or more of its constituent entities in litigationwith potentially significant consequences for the House and its Members.

● Committee Subpoenas: The OGC provides advice and assistance to House Committees andSubcommittees in connection with the preparation, service and validity ofCommittee and Subcommittee subpoenas, including advice and assistance indealing with recalcitrant witnesses.

● Requests for Information: The OGC provides advice and representation inconnection with responses to informal and formal requests for information (grandjury, trial and deposition subpoenas) from governmental agencies (including theDepartment of Justice, the FBI and other executive branch and independentagencies, as well as private parties.

● Privileges: The OGC reviews, evaluates and provides advice regarding the applicability andwaiver of various privileges, such as executive, Fifth Amendment, attorney-client,attorney work product, and, most particularly, the Speech or Debate Clauseprivilege (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 defenseunder the Federal Tort Claims Act.

● Tax Exemption Matters: The OGC advises House offices and vendors of applicable taxexemptions for official purchases.

● Constituent Information: The OGC provides advice and assistance to Members and theirstaffs regarding the maintenance of the confidentiality of constituentcommunications and information.

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

• Internal Policy Development: In consultation with the Speaker’s office and otherleadership offices, the OGC assists in creating and amending internal House policies,Rules and regulations.

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

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

• Freedom of Information and Privacy Acts: the OGC provides advice on theapplicability of FOIA and the Privacy Act to Congress.

Justification for Requested IncreaseAt present, the OGC staff includes six attorneys, an Office Administrator and three law clerks. Inorder for the Office to continue to carry out its responsibilities effectively, I am requesting aprojected increase of $138,000 in the personnel component of the budget. The requested budgetincrease will fund hiring of a highly qualified attorney, which is necessarydue to increase in the office workload over the past couple of years. In addition, the proposedincrease will be applied toward the retention of the current staff, which is a repository ofconsiderable expertise and institutional memory and which has demonstrated a commitment tothe House over many years. The remaining amount requested for personnel is for cost-of-livingadjustments and meritorious pay increases.This proposed increase is due in part to the escalating demands imposed by the Department ofJustice investigations, including witness interviews, electronic discovery, and court filings and a

more aggressive approach to seeking information long considered privileged under the Speech orDebate Clause of the U.S. Constitution. As we anticipate the departure of at least one staffattorney with significant institutional knowledge, we will need to be in a position to ensure thatthe Office continues to provide the high quality of service our clients deserve.The projected increase in travel, supplies and material includes a 2.2% inflation factor. Theproposed $15,000 increase in the travel component of the budget is needed due to increase inlegal representation which requires travel to distant courts by the attorneys. The proposed $5,000increase in supplies and materials component of the budget will provide funding for the purchaseof more current software needed by the office and will cover the increasing cost of legalpublications, including online publications and support. The proposed $24,000 increase in theequipment component of the budget is attributed to the life cycle replacement of the major officeequipment, including a copier and printers.

I am pleased to respond to any questions the Subcommittee might have. Thank you for yourconsideration.