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July 27, 1965

- 17

Pub. Law 89-90

79 STAT. 281.

sary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments.

GOVERNMENT PRINTING OFFICE REVOLVING FUND

During the current fiscal year the Government Printing Office revolving fund shall be available for the hire of one passenger motor vehicle and for the purchase of one passenger motor vehicle for replacement only.

GENERAL PROVISIONS

SEC. 102. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles.

SEC. 103. Whenever any office or position not specifically estab

lished by the Legislative Pay Act of 1929 is appropriated for herein 46 Stat. 32. or whenever the rate of compensation or designation of any position 2 USC 60a note. appropriated for herein is different from that specifically established for such position by such Act, the rate of compensation and the designation of the position, or either, appropriated for or provided herein, shall be the permanent law with respect thereto: Provided, That the provisions herein for the various items of official expenses of Members, officers, and committees of the Senate and House, and clerk hire for Senators and Members shall be the permanent law with respect thereto: Provided further, That the provisions relating to positions and salaries thereof carried in House Resolutions 685 and 904 of the Eighty-eighth Congress and the provisions of House Resolution 831 of said Congress shall be the permanent law with respect thereto: Provided further, That the provisions relating to positions and salaries thereof carried in House Resolutions 127, 248, 258, 312 and 313 of the Eighty-ninth Congress and the provisions of House Resolution 7 of said Congress shall be the permanent law with respect thereto.

This Act may be cited as the "Legislative Branch Appropriation Short title. Act, 1966".

Approved July 27, 1965.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 442 (Comm. on Appropriations) and No. 630 (Comm.

of Conference).

SENATE REPORT No. 424 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 111 (1965):

June 8: Considered and passed House.

July 12: Considered and passed Senate, amended.

July 21: House and Senate agreed to conference report.

72-404 0-67-5

(The above-referred-to documents were marked "Langston Exhibit 3-A, B, and C," and were received in evidence.)

Mr. TAYLER. I would offer those at this time, into the record.

Mr. HAYS. Without objection, they will be placed in the record at the proper point.

By Mr. TAYLER:

Q. Mr. Langston, following the House Clerk's reply to Mr. Burleson by letter dated June 9, 1965, which is now "Langston Exhibit No. 2," did the chairman, Mr. Burleson, have any further correspondence on this subject?

A. With the Clerk of the House?

Q. No; with anyone.

A. Yes, sir. On June 11, 1965, the chairman addressed a letter to Hon. Joseph Campbell, Comptroller General of the United States, in which he mentioned the same problem that was mentioned to the clerk and asked the Comptroller General for his recommendations as to how the matter might be cured.

Q. The matter we are referring to is whether or not the clerk had any authority to stop paying Y. Marjorie Flores on Representative Powell's staff, is it not?

A. That is a portion of the problem. The other problem was what to do to make the provisions of House Resolution 294 as brought forward more enforcible.

Q. Going back for a moment, House Resolution 294 and the statute which subsequently enacted it into law contained no enforcement provisions.

A. No penalty and no enforcement provision.

Q. And there is no requirement in the statute that the member certify that the clerk-hire employee on the payroll has in fact performed any services, or that the services have been performed in the location specified in the statute, is there?

A. That is correct. There is no provision made for certification. There is no certification.

Q. The letter that you just referred to from Chairman Burleson to GAO is dated June 11, 1965.

A. Yes, sir.

Mr. TAYLER. May that be marked "Langston Exhibit No. 4"?

Hon. JOSEPH CAMPBELL,

Comptroller General of the United States,
General Accounting Office, Washington, D.C. 20548

JUNE 11, 1965.

DEAR MR. CAMPBELL: Section 2 of H. Res. 294, 88th Congress, which passed the House of Representatives on August 14, 1964, contained language designed to prevent the employment of clerks to Members of the House who did not perform the services for which they were paid in the Member's district, in the Member's state, or in the District of Columbia. H. Res. 7, which passed the House January 4, 1965, continued in the 89th Congress the provisions of H. Res. 294, 88th Congress.

The Committee takes cognizance of possible violations relating to a specific case, such as indicated in the attached magazine articles. This Committee has not attempted to determine the correctness of these statements since the responsibility for payment of salaries to employees of Members rests with the Disbursing Officer of the House, who is also the Clerk of the House.

The Committee has directed me to advise with you as to how we may determine the true situation. If it develops violations have occurred, what would be the proper course to correct such violations?

I might add that we have requested the Clerk of the House to look into possible violations of the provisions of H. Res. 7, but no advice has been forthcoming. Thus the Committee turns to you for assistance.

With best wishes, I am,

Sincerely yours,

OMAR BURLESON, Chairman.

(The document referred to above was marked "Langston Exhibit 4" and received in evidence.)

Mr. TAYLER. I would offer that into the record at the appropriate place, Mr. Chairman.

Mr. HAYS. Without objection, it is so ordered.

By Mr. TAYLER :

Subsequent to the letter that has just been admitted, were there discussions between you, as chief clerk of the House Committee on Administration and GAO officials regarding the enforcement of the statute we have been talking about?

A. There were several discussions between myself and the legislative liaison officer from General Accounting Office.

Q. Did you discuss this matter with Chairman Burleson ?

A. Yes, sir; I did in great detail and great length.

Q. As a result of those discussions, did there come a time when Chairman Burleson introduced a bill in the House?

A. Yes, sir. As a direct result of these discussions, H.R. 11114 was introduced on September 16, 1965, by Chairman Burleson.

Q. Would you briefly summarize the provisions of that bill? A. The bill had two features to it with respect to the clerk-hire of members: One, that existing personnel on the clerk-hire on a member's role be certified to as complying with the provisions of House Resolution 294 and House Resolution 7 which was subsequently enacted into law by Public Law 89-90. The other feature was that the future employees of a member be certified to as complying with these requirements at the time he was placed on the payroll. A penalty was provided a criminal penalty was provided.

Q. When you mentioned certifications, you are talking about a certification that the member would make vouching for the fact that the employment of the clerk was not in violation of Public Law 89-90; is that right?

A. That is correct, sir.

Q. In other words, the employment of the clerk was either in the District of Columbia or in the State or the district which the member represented?

A. Yes; he is making an absolute certification to that fact, and there is a penalty if it is not that way.

Q. Was that bill passed?

A. No, sir; it was not passed during the 89th Congress.

Mr. TAYLER. Could that be marked "Langston Exhibit No. 5"?

[H.R. 11114, 89th Cong., 1st sess.]

A BILL To amend the joint resolution of January 25, 1923, to require Members of the House of Representatives to make certain certifications with respect to persons paid from their clerk hire

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution entitled "Joint resolution providing for pay to clerks to Members of Congress and delegates", ap

proved January 25, 1923, as amended (2 U.S.C. 92), is amended by adding at the end thereof the following new section :

"SEC. 2. (a) No appropriation for clerk hire shall be paid to any person designated to be placed upon the roll of employees of the House of Representatives by a Member of the House of Representatives unless such Member has on file with the Clerk of the House of Representatives a certificate, under oath, that every person so designated by such Member will receive compensation from such clerk hire only for services performed in the offices of such Member in the District of Columbia, or in the State or the district which such Member represents.

"(b) Any Member of the House of Representatives who knowingly pays or causes to be paid from his clerk hire compensation for services performed other than in the offices of such Member in the District of Columbia, or in the State or the district which such Member represents, shall be fined not more than $5,000 or imprisoned for not more than one year, or both.

"(c) As used in this section the term 'Member of the House of Representatives' includes the Resident Commissioner from Puerto Rico and the term 'State' in the case of the Resident Commissioner from Puerto Rico means the Commonwealth of Puerto Rico."

SEC. 2. The amendment made by the first section of this Act shall take effect on the first day of the first month which begins after the date of enactment of this Act.

(The above-referred-to document was marked "Langston Exhibit No. 5" and received in evidence.)

Mr. TAYLER. I offer that into the record at this time, Mr. Chairman. Mr. HAYS. Without objection, it will be entered into the record at the appropriate place.

Mr. TAYLER. Mr. Chairman, that concludes my

By Mr. O'CONNOR:

examination.

Q. I have a question, Mr. Langston. When a voucher for payment of air travel is received by the committee and attached to it are the stubs showing travel by a particular member of the committee, such as Smith or Jones or McCoy, that is a representation to your committee that that particular employee did in fact perform that travel? A. Yes, sir; that and the fact that the chairman of the full committee had certified to it.

Mr. O'CONNOR. I have no further questions.

Mr. HAYS. Are there any other questions?

Mr. DICKINSON. Yes, I will get to my other question. What does the certification mean and what is the significance whether or not a per diem charge is made?

The WITNESS. The best answer I can give you, Mr. Dickinson, is that when a person travels on business of the House of Representatives, he is expected to be paid for it. He is not expected to pay for it out of his own pocket. He is entitled to reimbursement. We have a provision in our regulations whereby he can request reimbursement through regulations which are available to each committee. The detail is that he shows the number of days he may be paid at a standard rate of $16 per day for subsistence. In addition to that, he can be paid the cost of transportation. He certifies to the correctness of his request for reimbursement, and that is further certified to by the chairman of the full committee.

Mr. DICKINSON. Is it customary or very unusual for someone to travel or an employee to travel on Government business and not ask for per diem?

The WITNESS. It is very unusual, almost unthinkable.

Mr. DICKINSON. Has it been done in any other committee other than this particular committee?

The WITNESS. Not to my knowledge.

Mr. DICKINSON. I am still getting back to the significance of it. The significance is that you have to make a sworn statement as to the services performed and the travel made if you file for per diem. If you do not ask for per diem, there is no representation whatever or no sworn statement or no certificate or affidavit.

The WITNESS. That is right.

Mr. DICKINSON. If you do not ask for the per diem; is that correct? The WITNESS. If you do not ask for it, then you are not on record anywhere.

Mr. DICKINSON. There is no way you can really tie down who did what and why unless you ask for per diem.

The WITNESS. That is correct.

Mr. DICKINSON. Unless you go through a proceeding that we are going through now.

The WITNESS. On the face of it, it just does not exist.

Mr. DICKINSON. That is the point I was trying to make. Thank you.

Mr. HAYS. Mr. Langston, I have a question there. It has come to my attention, and you said it is almost unthinkable, that on occasion members who maintain homes in Washington and have to come into committee hearing such as this hearing during a recess have obtained travel reimbursement but have not asked for per diem because they maintain a home here. Do you know if that has happened?

The WITNESS. That is correct. My remark was directed primarily toward employees of committees who are conducting investigations. Of course, coming back to Washington for a hearing, there is a specific provision in the regulations which provides for payment of per diem to a member. Many do not claim it.

Mr. HAYS. I want to bring it out, because I have a couple of members on one of my subcommittees who just refused to claim any per diem during the recess on the grounds that they have to eat and sleep somewhere and they have a home here and they cannot conscientiously collect from the Government. However, they would be perfectly entitled to the per diem if they asked for it.

The WITNESS. That is correct.

The regulations state when Congress is not in session a member may be paid per diem in Washington for a hearing.

Mr. HAYS. I thought that was important.

Mr. NEDZI. I think there is just one point that should be clarified. Mr. Dickinson referred to a sworn statement. This is not sworn to, is it?

The WITNESS. It is not sworn to in the sense of being notarized. It is a printed certification on the face of the voucher.

Mr. HAYS. Would you just read that? It is very short.

The WITNESS. Yes, sir. This is what the payee certifies to—–

I certify that the above bill is correct and just and that payment therefor has not been received.

Mr. DEVINE. That is the certification of the payee?

The WITNESS. That is right. There is a different certification for the committee.

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