(The Clerk supplied the following:) STATEMENT REGARDING JURISDICTION OVER CONTRACTS FOR FURNITURE 1. In regard to the authority or jurisdiction for purchase of furniture or carpets for the House or Senate, 40 U.S.C., Section 170 provides as follows: "No furniture or carpets for either House shall be purchased without the written order of the Chairman of the Committee on Rules and Administration, for the Senate, or without the written order of the Chairman of the Committee on House Administration for the House." 2. Additional authority on this point is found in 2 U.S.C., Section 95. This statute provides that: "No payment shall be made from the contingent fund of the House of Representatives unless sanctioned by the Committee on House Administration of the House of Representatives." In regard to this statute it is to be noted that under the proposed budget for 1968 furniture is an item under the contingent expense fund. 3. Another statute, 40 U.S.C., Section 169 (1902), relating to furniture for the House of Representatives provides that: "The Architect of the Capitol shall supervise and direct the care and repair of all furniture in the Hall, Cloakrooms, lobby, committee rooms, and offices of the House, and all furniture required for the House of Representatives or for any of its Committee rooms or offices shall be procured on designs and specifications made or approved by the said Architect." 4. A statute enacted in 1907 and now found in 40 U.S.C., Section 175, places the control and supervision and care of House Office Buildings under the control of the Architect of the Capitol, subject to the approval of the House Building Commission. This same act proved that: "The Architect of the Capitol shall submit annually to Congress estimates in detail for all services . . . and for all other expenses in connection with said office building and necessary for its protection, care, and occupancy ***” Prior to 1919 the Architect of the Capitol had been responsible for furniture repair and submission of the annual budget on this item under the authority of the two statutes mentioned above. In 1919, however, a furniture-repair shop was established at the beginning of the Sixty-sixth Congress, May 19, 1919. (See Hearing Before Subcommittee of House Committee on Appropriations, Seventieth Congress, First Session, 1929). In 1929 the position of Property Custodian was established, effective July 1, 1929, by the Legislative Pay Act of 1929 (approved June 26, 1929). Since 1919 and the establishment of the furniture repair shop the Clerk of the House has presented the budget for and had control over the Property Custodian. With regard to submission of the budget for furniture, custom and practice seems to have developed that this will be submitted by the Clerk, although 40 U.S.C., Section 175 places this responsibility on the Architect of the Capitol. 5. In 1963 Public Law 88-25, 77 Statute 32 appropriated to the Architect of the Capitol funds for: Acquisition of property, construction, and equipment, additional House Office Building." This appropriation included funds for necessary furniture and furnishings of such project. 6. In addition to the statutory authorization discussed above, Rule III, Section 642, Part 3, page 313, Rules of the House of Representatives, provides that the Clerk of the House shall "approve all contracts, bargains, or agreements relative to furnishing any matter or thing, or for the performance of any labor for the House of Representatives, in pursuance of law or order of the House ***" 7. Summary.-It would seem from the authorities listed that only the Committee on House Administration can authorize the purchase of furniture or carpets. Once this has been done the Clerk of the House can approve a contract for accomplishing this object. It should be noted that the Rayburn House Office Building furniture was purchased by the Architect of the Capitol rather than under the procedure mentioned in this summary because of the special authority found for such action in Public Law 88-25, 88th Congress, 77 Statute 32. It should be noted, however, that even though the rule quoted above places the authority in the Clerk's Office to contract for the purchase of furniture and other items Rule V, Section 652, Page 316, of the Rules of the House of Representatives of the 90th Congress provide that the Doorkeeper shall: "At the commencement and close of each session of Congress he shall take an inventory of all the furniture, books, and other public property in the several committee and other rooms under his charge, and report the same to the House, which report shall be referred to the Committee on House Administration to ascertain and determine the amount for which he shall be held liable for missing articles." DUTIES OF DOORKEEPER Mr. YATES. To go back to the duties of the Doorkeeper, in rule VI do not see anything in that rule which requires him to keep a document room. Subsection 1 of rule V says: The Doorkeeper shall enforce strictly the rules relating to the privileges of the Hall and be responsible to the House for the official conduct of his employees. And then subsection 2 says: At the commencement and close of each session of Congress he shall take an inventory of all the furniture, books, and other public property in the several committee and other rooms under his charge, and report the same to the House, which report shall be referred to the Committee on House Administration to ascertain and determine the amount for which he shall be held liable for missing articles. And subsection 3 says: He shall allow no person to enter the room over the Hall of the House during its sittings; and fifteen minutes before the hour of the meeting of the House each day he shall see that the floor is cleared of all persons except those privileged to remain, and kept so until ten minutes after adjournment. That is all the rules say respecting the duties of the Doorkeeper. We look at the justifications and see the Doorkeeper does other things than this. Perhaps it is by custom. Mr. JENNINGS. I imagine a good deal of this has been assigned to the Doorkeeper and others by the House Administration Committee and by the Speaker. Mr. YATES. We want to find out the authority for doing these things. Mr. JENNINGS. I have a counsel charged with the responsibility of investigating these things. He may need a lot of help to find out these things. AUTHORITY FOR DOCUMENT ROOMS Mr. YATES. There are two document rooms and it is the consensus we do not need two document rooms. Mr. JENNINGS. That may not be the consensus. When I came on thijob I did not know what was under the Clerk's office, the Doorkeeper. or the Sergeant at Arms. These folks had always been nice and I took it for granted each had authority over some of these things but I find there is a tremendous overlapping of jobs. One is the document room and the other is the libraries and I am sure there are others. I do not plan to make this a career and I will call the shots as I see them. If I stayed here 10 years I might be like my predecessor and think what is the use of trying to buck the system. In the way of economy I can assure you I can save a lot of money by not hiring all these new people I have recommended and not taking an inventory of the property and not having the accountability. Mr. YATES. I am sure the Chairman wants to find out once and for all what the authority is and who is responsible so we can set the House in order. Mr. JENNINGS. That is right. We would like to have some ground rules where we can refer to them. Mr. JNNINGS. The House document room is provided for by 44 U.S.C., section 165. This statute provides that the Doorkeeper shall appoint a superintendent and necessary assistants for the House docu ment room. The general authority for the Clerk's document. room can be found in 44 U.S.C., section 155. Other statutes requiring the Clerk to procure and file House and Senate documents, reports, and records are in 44 U.S.C., sections 131 and 183. Mr. YATES. Those are all the questions I have, Mr. Chairman. Mr. REIFEL. No questions. OFFICE OF THE SERGEANT AT ARMS Mr. ANDREWS. Next we take up the Office of the Sergeant at Arms, at page 20 of your statement. Mr. Clerk, will you proceed. Mr. JENNINGS. For the Office of the Sergeant at Arms, $1,596,500, compared with $1,376,000 appropriated for 1967, or an increase of $220,500. We are requesting this increase to carry out the provisions of Public Law 89-697. Mr. ANDREWs. I notice you state you are requesting this increase to carry out the provisions of Public Law 89-697. What do you mean by that? What does that entail? POLICE FORCE Mr. JENNINGS. That is to carry out the law that provides for the additional policemen. Mr. ANDREWs. Congress passed it, but was it a formal resolution? Could you put a copy of the resolution in the record? Mr. JENNINGS. Yes. (The resolution follows:) [H. Res. 796, 89th Cong., second sess.] RESOLUTION Resolved, That, in addition to the number of officers and members of the Capitol Police and of personnel detailed to the Capitol Police from the Metropolitan Police of the District of Columbia existing on the date of adoption of this resolution, there are hereby authorized to be established sixty-nine positions of private and three positions of sergeant on the Capitol Police for duty under the House of Representatives. Appointments to such additional positions shall be made by the Capitol Police Board, subject to the prior approval of the Committee on House Administration, without regard to political affiliation and solely on the basis of fitness to perform the duties of the positions. The compensation for such additional positions shall be paid out of the contingent fund of the House of Representatives until otherwise provided by law. Mr. ANDREWS. How many additional policemen did that resolution provide for? Mr. JOHNSON. Sixty-nine privates and three sergeants, Mr. Chair man. Mr. ANDREWS. How many did they have before that resolution became law? Chief POWELL. 131 privates. Mr. ANDREWS. How many officers? Chief POWELL. We have 14 officials now. We had 11 officials before that passed and 131 privates. Mr. ANDREWS. Eleven officers and 131 privates? Chief POWELL. Yes, sir. Mr. ANDREWS. And you were authorized 69 additional? Chief POWELL. Yes, sir, and three sergeants. Mr. ANDREWS. That gave you a total authorization of 214? Chief POWELL. Yes, sir. Mr. ANDREWS. How many of those positions do you have filled? Chief POWELL. The 69 are filled. We have some vacancies under the patronage system. Mr. ANDREWs. Vacancies where? Chief POWELL. In the 131 patronage positions. Mr. ANDREWS. How many are vacant? Chief POWELL. We have 15 vacancies. Actually, there are five additional that are on terminal leave now but their positions have not yet been vacated but they will be shortly. Mr. ANDREWs. Five and 15, that would be 20? Chief POWELL. Yes, sir. Mr. ANDREWS. That are not on the payroll? Mr. ANDREWs. What about the sergeants? Mr. ANDREWS. What about the 11 officers? Chief POWELL. That is the original 11 officials. They are all filled. Mr. ANDREWS. So you have a total of 194 officers and men on the payroll at this time? Chief POWELL. Yes, sir. Mr. ANDREWS. Let us talk about these three sergeants. They are all on board? Chief POWELL. Yes, sir. Mr. ANDREWS. How are they appointed? Chief POWELL. They are recommended by the Sergeant at Arms to the House Administration Committee and upon their approval they are appointed. Mr. ANDREWS. In other words, the appointment is initially recom mended by the Sergeant at Arms to the House Administration Com mittee and the House Administration Committee approves or dis approves? Chief POWELL. Yes, sir. Mr. ANDREWS. You are the Chief of the Capitol Police? Chief POWELL. Yes, sir. Mr. ANDREWs. On both the House and Senate sides? Chief POWELL. Yes, sir. Mr. ANDREWS. By whom were you appointed? Mr. ANDREWS. Who comprises the Board? Chief POWELL. The two Sergeants at Arms and the Architect of the Capitol. Mr. ANDREWS. So you told us how the three sergeants are appointed. How about these new 69 that you have recently added to your force? Chief POWELL. I think I left out one matter that might be important. All of the three sergeants and the 69 privates have been initially investigated by me and first certified to the Sergeant at Arms. Mr. ANDREWS. In other words, you screen them? Chief POWELL. Yes, sir. Mr. ANDREWS. And you pass judgment on their ability? Chief POWELL. Yes, and the House Sergeant at Arms in turn approves them and makes his recommendation to the House Administration Committee. Mr. ANDREWS. You are talking about these 69 new men? Chief POWELL. Yes, sir. Mr. ANDREWS. They are appointed by the Board on your recommendation? Chief POWELL. Yes, sir. Mr. ANDREWS. And confirmed, so to speak, by the House Administration Committee? Chief POWELL. Yes, sir. Mr. ANDREWS. What about the 131-you only have 121 of them on duty at this time-how are they selected? Chief POWELL. They are appointed through the Patronage Committee of the House of Representatives. Mr. ANDREWS. They are appointed by the Patronage Committee? Chief POWELL. Yes, sir. Mr. ANDREWS. That committee is made up of Congressmen Evins, Sisk Chief POWELL. And Dr. Morgan. Mr. ANDREWS. Who recommends them to the Patronage Committee Members of Congress? Chief POWELL. I believe Mr. Johnson will have to answer that. I believe that is correct. Mr. JOHNSON. They are appointed upon recommendation of the Members of the House. Mr. ANDREWS. And you have no say-so over their qualifications? Chief POWELL. Yes, sir, to a certain extent. We have an age limit and certain physical requirements. Mr. ANDREWS. But other than age and physical condition they are eligible for appointment if recommended by the Congressman and approved by the Patronage Committee? Chief POWELL. And recommended by the Sergeant at Arms. Mr. JOHNSON. They are recommended to me by the Patronage Com mittee. Mr. ANDREWS. What about these 11 officers? By whom are they selected? |