Under this appropriation, we are asking, and were allowed by the House, $10,771 for within-grade salary advancements and other changes authorized by the Classification Act of 1949, as amended; $600 for wage-rate increases authorized by Public Law 763, 83d Congress, for wage-board employees; $3,769 for increased overtime and holiday pay costs resulting from base pay increases and the proposed addition of two positions. We asked in the budget for $4,494 for this item, but it was reduced by the House to $3,769, due to disallowance of one of three additional positions requested.

ADDITIONAL POSITIONS

We requested in the budget $33,535 for three additional positions: 1 attorney at $16,460 per annum; 1 architectural-engineer at $12,075 per annum; 1 accounting clerk GS-5 at $5,000 per annum. The House allowed funds for the attorney and the accounting clerk, but did not allow funds under this appropriation for the architectural-engineer. We are not appealing the House action.

The need for the attorney is set forth on pages 11, 12, 13, and 14 of the justifications and I would like to read those sections of the justification at this point.

The need for the accounting clerk is set forth on page 15 of the justifications and I would like also to read this section of the justification at this point.

Senator MONRONEY. Was not this turned down because the attorney had been hired on the basis that you were building the Rayburn Office Building, and the Architect-Engineer were on the basis of the Rayburn Office Building. The Rayburn Building was finished but you want to hang onto these people?

Mr. HENLOCK. The attorney is required for all of the work of the Architect's Office; all legal work of the office-not just for the Rayburn Building project.

Senator MONRONEY. That was turned down last year by this committee, was it not?

Mr. HENLOCK. It was, and it is here before you now on appeal. We did prepare a statement of diary excerpts of the work done by the attorney in the last 3 months, at the request of the House committee. Senator MONRONEY. We will put it in the record.

Is that the same as the writeup?

Mr. HENLOCK. No.

(The information referred to follows:)

ATTORNEY, GS-15, AT $16,460 PER ANNUM

Funds to establish this position on the "Salaries, Office of the Architect" roll were requested for 1965; were allowed by the House; disallowed by the Senate, and not restored in conference. The item is submitted for reconsideration for 1966.

The Architect's Office is not presently provided with an attorney on its permanent office staff. The point has now been reached where the legal workload of the Architect's Office requires the full-time services of an attorney, in order to properly protect the Government's interest. These services are required for both maintenance and construction activities and in connection with administration of the numerous laws affecting the operations and activities of the Architect of the Capitol.

Our needs involve a constant flow of work, including the daily flow of contract work and specifications. Contract administration is a constant operation. Our

workload does not come up every few days or once or twice a week. There are matters every day to be handled. We think it is dangerous, from the standpoint of protecting the Government's interest, to attempt to operate our office without the services of a full-time attorney on our permanent staff, as the requirements. of law have become so extensive and so complex.

The services of the attorney, requested to be added to the permanent office staff for 1966, are required for such work as the following:

Review of all specifications for maintenance and construction work to insure their conformity with the requirements of law, particularly to see to it that they do not contain restrictive provisions in violation of the open competitive bidding requirements of section 3709 of the Revised Statutes, as amended, which govern the Architect, generally, in his operations, and also to endeavor to eliminate ambiguities; review of proposed contracts to insure their conformity with the law, including their legal sufficiency as to form and execution, inclusion of DavisBacon, Contract Work Hours Act of 1962, Walsh-Healey, and other applicable statutory requirements, and securing decisions from the Secretary of Labor whenever questions arise as to the proper application of such laws to contract operations under the Architect; advice as to application of general statutes to the Architect of the Capitol and his functions in cases where any doubt exists as to their application and the securing of decisions from the Comptroller General where necessary; negotiating settlements under the Federal Torts Claims Act, and development of information required for the hearing of claims under that act which are filed with and adjudicated by the courts; proper execution of releases under contracts; negotiation of settlement of claims under contracts; conference with the legal staffs of the Comptroller General and Attorney General and any other Government agencies where mutual collaboration or advice in legal matters is required; codification of laws applicable to the Architect of the Capitol and his functions; legal advice with respect to decisions of the Comptroller General and of the courts in their application to the Architect of the Capitol and his functions; furnishing of legal counsel in the daily operations and functions of the Architect of the Capitol.

Contract administration, in particular, has become more and more complex in recent years, not only due to legislative changes, but due largely to the fact that today, as contrasted to past years, most contractors maintain legal services for screening and interpretation of plans and specifications and raise legal questions as to their responsibilities under disputed provisions of contracts, necessitating legal representation on the part of the Government in handling rebuttals and controversies. Under the Government contract laws that exist today, anytime a contractor disputes a finding of the Architect of the Capitol, he has the right to demand that there be a hearing board set up and judicial hearing procedures be followed. Normally, hearings result from differences of opinion or disputes in the negotiation and settlement of claims or change orders; in fact, from the settlement of any dispute under a contract. We have no option under the court decisions but to grant formal hearings when our findings are appealed. That, in itself, is an extensive operation. This makes it all the more important that we have someone competent to screen all of our specifications before they are issued to bidders, and make sure, as far as we can, that ambiguities or other matters that might give rise to claims are eliminated at the source.

In addition to construction contracts, we normally let a hundred or more maintenance contracts a year-some of which are small and others of magnitudeand the maintenance contracts present much the same problems as construction contracts.

For many years, the legal work of the office was carried on by the administrative staff, with advice from the Comptroller General's Office and other available sources. In recent years, due to construction programs and increased maintenance work, it has been necessary to employ attorneys on construction rolls. At the present time, a full-time attorney is being carried on the "Additional House Office Building payroll," who for the past 2 years has had to devote most of his time to the general legal work of the central office, itself, and it is proposed to transfer this employee to the permanent force on the "Salaries, Office of the Architect" roll, if funds for the requested position are allowed for 1966.

Approval of this position on the permanent office staff for the fiscal year 1966 is urgently requested.

Conference with the Walsh-Healy Division, Labor Department, officer on questions which arose under chinaware contract, Furniture, Furnishings, and Equipment, Rayburn House Office Building (F, F, & E, RHOB).

Conference with field office staff concerning supplement No. 1 to contract for underground garages, Additional House Office Building Project (AHOBP).

Telecon emanating from Associate Solicitor of Labor concerning the noninclusion of minimum wage rates in contract for sound equipment rental and installation for inaugural ceremonies. Advised the Associate Solicitor that we had been counseled by a member of his staff that contract was not covered by Davis-Bacon Act. He stated that the Solicitor's Office had changed his mind on this matter. Requested a letter from Labor Department to that effect. January 5, 1965

Conference with attorney for owners of Stanton Arms concerning trespass and unlawful removal of Government property from Senate side parking lot on C Street. Mr. Ryan assured that all steps had been taken to insure no further trespassing by his clients. He refused the demand to replace the earth berm removed from the Government lot by agents of his clients and offered restitution of sorts (paving). Offer rejected after consultation with Architect of the Capitol. Advised Mr. Ryan that we would consult with U.S. Attorney on action to be taken by Government.

Phoned Associate Solicitor, Labor Department and advised him that we had drafted a letter requesting a wage determination in view of and pursuant to his telecon advice of yesterday and that that letter made reference to earlier advice from his Department to the effect that no wage determination was needed. He stated that he understood our position and that he would get the necessary wage determination to us immediately.

January 6, 1965

Cleared Addendum No. 7 to Group XIV-C specifications for F, F, & E, RHOB, for release.

Review of specifications for remodeling of heating, ventilating and air-conditioning (HVAC) facilities, 3d phase, Library of Congress, commenced.

Consultation by field office staff on certain aspects of specifications for remodeling of the interior court in the Capitol, particularly as concerns suspension of work and round-the-clock work.

Consultation by staff on reply to request for information on format of presentation of a claim (Beeber contract).

January 7, 1965

Examination of contract and bonds for certain marblework in Library of Congress.

Conference with administrative officer on early House Office Building Commission action concerning termination of lease of Mars (square 639) by RLA and transfer of property to Architect of the Capitol.

Conference with Landscape Architect and staff engineer concerning trespassing and removal of earth berm by Stanton Arms agents (Senate side parking lot on C Street).

Conference with Chief of Police regarding control of trespassing on C Street parking lot (request Senator Hayden).

January 8, 1965

Continued review of specifications for remodeling of HVAC systems, 3d phase, Library of Congress.

January 11, 1965

Continued review of specifications for Library of Congress HVAC, 3d phase, remodeling.

Conference with field office staff regarding status of proceedings of board of contract appeals on the two major appeals of McCloskey pending under RHOB foundation contract.

January 12, 1965

Continued and completed review of specifications for remodeling of HVAC systems, 3d phase, Library of Congress.

Refuted certain allegations of attorney for Stanton Arms owners relative to January 5, 1965, conference (by reply letter).

January 13, 1965

Digest of recent Comptroller General decisions.

Review of two pending labor matters (sound system and shelving contract complaints).

Consultation by staff regarding pending bid/award matter.

Consultation by staff concerning warranty under contract for correction of fire and safety hazards in Capitol Building.

January 14, 1965

Review of specifications for installation and replacement of catwalks, ramps, and stairs in Capitol Building (completed).

January 15, 1965

Review of first draft of specifications for furniture and furnishings for the restoration of the old Senate and old Supreme Court Chambers, Capitol Building (commenced).

Conference with Assistant Architect of the Capitol on the remodeling of interior courtyard, Capitol Building.

Conference with administrative officer regarding payment clause under carpet contract.

January 18, 1965

Consultation by staff regarding inaugural sound system contract and the change order required by Department of Labor determination.

Conference with field office staff on the problems created by noncompliance with specification requirements of a subcontractor of the contractor for construction of the underground garages. Approach determined.

Reviewed, revised, and released letter, to Hanley, on sound-system labor rates. Reviewed key provisions of draft of specifications for 7,000 new light fixtures for Library of Congress with coordinating engineer. Subsequently discussed certain aspects of these provisions with administrative officer.

January 19, 1965

Conference with Assistant Architect of the Capitol, administrative officer and staff members concerning award to be made upon bids received for miscellaneous equipment, group XIV-C (desk accessories, etc.). F, F, and E, RHOB. To be explored in consultation with GAO counsel prior to final action.

Digest of recent Comptroller General decisions.

Review of specifications for carpet and carpet cushion for Old Senate and Old Supreme Court Chambers, Capitol Building.

January 21, 1965

Conference with Assistant General Counsel, GAO, concerning award under bids received for miscellaneous group XIV-C, desk accessories, etc., F, F, & E, RHOB. Drafted memo instructions of Architect of the Capitol on consultation of building superintendents before final draft of specifications and/or submission for final review, on all matters concerning conduct of work, hours of work, and the like, in the buildings under their jurisdiction. General distribution effected.

January 22, 1965

Letter report to Member of Congress concerning the group XIV-C, F, F, & E, RHOB, contract, pursuant to a labor-union request.

Investigated and advised IRS, Baltimore Director, of status of payment of tax lien filed on outstanding funds owing under a contract.

January 25, 1965

Conference with Architect of Capitol, Executive Assistant and Attorney for Mars, concerning the continuation of the lease arrangements of Mars with RLA.

Consultation by staff regarding (1) relief demanded by E. Jay Smith Co. on allegation of mistake in quantity upon bidding and (2) demand of a subcontractor for assistance in collection of payment from prime contractor. January 26, 1965

Conference with Coordinating Engineer and his staff, Library of Congress representatives and several representatives of Powers Regulator Co. concerning malfunctioning, damage, and other difficulties encountered in operation of newly constructed automatic message tube system of Library of Congress, extensions of time required and the possibility of lack of sufficient justification therefor with resulting liquidated damages deduction.

January 27, 1965

Review of specifications for procurement of 7,000 light fixtures for stacks of Library of Congress, commenced.

January 28, 1965

Review of specifications for procurement of 7,000 light fixtures for stacks of Library of Congress, completed.

Digest of recent decisions of the Comptroller General.

January 29, 1965

Conference with an officer of the Washington office, FBI, concerning forgery of a name under note to Senate Employees, FCU.

Draft of rejection of low bid under group XIV-C, F, F, & E, RHOB as nonresponsive, in accordance with advice rendered by GAO counsel.

Conference with representatives of the Ginn and Co., upon their request, concerning award upon bids for group XIV-C, F, F, & E, RHOB. They urged rejection of all bids and readvertising minus the three special-design items. Advised them that I would pass their recommendations on to the proper parties.

February 1, 1965

FEBRUARY

Conference with field office staff regarding status of McCloskey claims under foundation contract, RHOB.

Review of proposal to assess liquidated damages under contract for tiling in Library of Congress (Standard Floor, Inc.)

Conference with assistant U.S. attorney concerning the trespassing on, and unlawful removal of berm material from, the Government parking lot on the Senate side (Stanton Arms).

Review of addendum No. 2 to specifications for remodeling of interior court, Capitol Building.

February 2, 1965

Review of addendum No. 3 to specifications for remodeling of interior court, Capitol Building.

Reply to a direct letter from a subcontractor under group I, contract for desks, F, F, & E, RHOB concerning deficiencies in locking devices.

Review of staff proposal concerning liquidated damages under Otis Elevator contract.

Consultation by staff concerning second low bid under group XIV-C, miscellaneous equipment, contract F, F, & E, RHOB.

February 3, 1965

Conference with administrative officer and chief accountant concerning partial payment under shelving, etc., contract F, F, & E, RHOB, where contract provides for such partial payment only on completed items but completion of a large segment of items is prevented for long period of time by Government. Review of specifications for plumbing systems renovation, second phase, main building, Library of Congress commenced.

February 4, 1965

Draft of supplemental agreement to contract for shelving, etc., F, F, & E, RHOB to permit partial payment under prevailing circumstances, upon waiver by contractor of claim for damages.

Reply-report to a Member of Congress regarding contract for miscellaneous office equipment, F, F, & E, RHOB, group XIV-C.

Review of specifications for plumbing systems renovations, second phase, Main Library of Congress Building, continued.