OPPORTUNITIES EXIST TO IMPROVE THE MANAGEMENT OF THE SERGEANT AT ARMS

Report No. 96-SAA-13

December 31, 1996

Report Transmittal Memorandum

Management Response To The Draft Report



CONCLUSIONS


At the beginning of the 104th Congress, the House of Representatives (House) undertook extensive measures to improve operations and efficiencies, as well as financial reporting and accountability. Each of the three Officers of the House set baseline objectives in order to prioritize their transition roles. The Sergeant at Arms (SAA) had the following 12 baseline objectives when the 104th Congress convened:

The SAA fully implemented 11 of the Office's 12 baseline objectives during the 104th Congress. The remaining baseline objective, unification of police payroll into one payroll system, is in process. The SAA also collects performance measurement data for a number of performance indicators and uses the results of this data as the basis for improving operations. In addition, the SAA has completed a number of other significant actions during the 104th Congress to improve operations, increase accountability, and improve resource management. These improvements include the following:

The SAA's immediate office has managed its duties in a hands on manner and at the same time empowered its employees to make improvements in their daily tasks. As a result, the SAA has made improvements in process and product while reducing appropriated FTEs from 103 in 1994 to 87 in 1996 and reducing total noncapital appropriations to $3,410,000 in 1996. Additionally, employee morale appears good as evidenced by the fact that, of the approximately 30 Job Activity Questionnaires (JAQs) and 15 employee interviews, all of the feedback suggested that working conditions have improved.

Although the SAA has implemented numerous initiatives, opportunities exist for the SAA to utilize Chamber Security staff more efficiently and achieve cost savings. This is demonstrated by the following:

The OIG previously identified overstaffing of Chamber Security personnel in Opportunities Exist To Improve Resource Utilization In The Office Of The Sergeant At Arms (Report No. 95-SAA-14, dated July 18, 1995). In responding to the related recommendation, the SAA reassigned Chamber Security personnel to other tasks to avoid over-staffing. However, over-staffing is still occurring.


RECOMMENDATIONS


We recommend that the Sergeant at Arms:

1. Prepare a proposal, for approval by the Committee on House Oversight, based upon one of the following options:

Option 1: Pay Chamber Security Aides on an hourly basis, with overtime

accrued after a 40-hour workweek.

Option 2: Pay Chamber Security Aides on an hourly basis, with overtime

accrued after an 8-hour day.

Option 3: Reduce the "Belo" agreements to amounts more consistent with the workload, and re-evaluate "Belo" calculations bi-annually.

2. Work with the Chief Administrative Officer and the Clerk to establish a consistent system for tracking and managing the implementation of prior audit recommendations.

3. Establish target dates for all unimplemented prior audit recommendations.

MANAGEMENT RESPONSE


In his November 21, 1996 response to our draft report, the SAA concurred with the finding and recommendations in this report. (See Appendix.)


OFFICE OF INSPECTOR GENERAL COMMENTS


The SAA's planned actions are responsive to the issues we identified and, when fully implemented, should fully satisfy the intent of the recommendations.



I. INTRODUCTION

Background

Election of the Sergeant at Arms (SAA). The Rules of the House of Representatives effective for the 104th Congress (dated January 4, 1995) detail the duties of the Speaker of the House (Rule I), the Election of Officers (Rule II), the duties of the Office of the SAA (Rule IV) and the duties of the Standing Committees, including the Committee on House Oversight (Rule X 1.(h) and 4.(d)(2)).

Rule II for the election of Officers states:

"There shall be elected by a viva voce vote, at the commencement of each Congress, to continue in office until their successors are chosen and qualified, a Clerk, Sergeant at Arms, Chief Administrative Officer, and Chaplain, each of whom shall take an oath to support the Constitution of the United States, and for the true and faithful discharge of the duties of his office to the best of his knowledge and ability, and to keep the secrets of the House; and each shall appoint all of the employees of his department provided for by law. The Clerk, Sergeant at Arms, and Chief Administrative Officer may be removed by the House or by the Speaker."

Thus, the SAA is chosen and qualified and submitted to the House for a voice vote. The SAA may be removed either by the House or by the Speaker.

Role of the Committee on House Oversight (CHO). The CHO has certain responsibilities detailed in Rule X regarding the SAA, including:

1.(h)(1) "Appropriations from accounts for committee salaries and expenses (except for the Committee on Appropriations), House Information Systems, and allowances and expenses of Members, House Officers and administrative offices of the House."

1.(h)(2) "Auditing and settling of all accounts described in subparagraph (1)."

1.(h)(3) "Employment of persons by the House, including clerks for Members and committees, and reporters of debates."

1.(h)(6) "Expenditures of accounts described in subparagraph (1)."

1.(h)(13) "Measures relating to services to the House, including the House Restaurant, parking facilities and administration of the House Office Buildings and of the House wing of the Capitol."

1.(h)(16) "Measures relating to the compensation, retirement and other benefits of the Members, officers, and employees of the Congress."

4.(d)(2) "providing policy direction for, and oversight of, the Clerk, Sergeant at Arms, Chief Administrative Officer, and Inspector General."

Despite the inability of the CHO to directly or indirectly hire or remove the SAA, according to House Rules, the CHO has direct oversight of the SAA. The CHO also has the responsibility to oversee appropriations, personnel decisions, and expenditures of the SAA.

The CHO provides the following critical functions in relation to the Officers of the House:

Role of the SAA. The SAA has certain responsibilities detailed in Rule IV regarding its interaction with the CHO and Speaker, including:

5. "In addition to any other reports required by the Speaker or the Committee on House Oversight, the Sergeant at Arms shall report to the Committee on House Oversight not later than 45 days following the close of each semiannual period ending June 30 or on December 31 on the financial and operational status of each function under the jurisdiction of the Sergeant at Arms. Each report shall include financial statements, a description or explanation of current operations, the implementation of new policies and procedures, and future plans for each function."

6. "The Sergeant at Arms shall fully cooperate with the appropriate offices and persons in the performance of reviews and audits of financial records and administrative operations."

Thus, the SAA has a responsibility to provide the CHO an accounting of its operations as part of the oversight by the CHO.

The mission of the SAA is to ensure that the safety of Members, staff, and the public on Capitol Hill is maintained, and protocol and tradition are followed with respect to the Legislative body and its Members. The major responsibilities of the SAA include:

The SAA is organized into five divisions, as follows:

Objective, Scope and Methodology

The objective of our review of the SAA was to provide an operational assessment of the SAA during the 104th Congress. Specifically, we examined the existence and use of performance measures, and policies and procedures in use by the SAA. We also assessed the implementation status of the 47 recommendations in the 2 prior OIG audit reports issued with respect to the SAA, and baseline objectives presented by the SAA to the 104th Congress.

We conducted our review in accordance with Government Auditing Standards, issued by the Comptroller General of the United States. Our review included the following steps:

Internal Controls

We reviewed the implementation of internal control recommendations from prior OIG audit reports (see below-Prior Audit Coverage). We also reviewed the SAA's internal control process over the implementation of prior audit recommendations (see the Other Matters section).

Prior Audit Coverage

OIG audit report, Poor Planning, Questionable Contracting, And Numerous Internal Control Deficiencies Undermine Integrity And Usefulness of House Identification System (Report No. 96-SAA-03, dated March 5, 1996). This audit evaluated the management and internal controls of the House Identification System and made 40 recommendations to correct identified deficiencies. Twenty-seven (27) recommendations have been fully implemented, and the other 13 recommendations have been partially implemented. (See Exhibit.)

OIG audit report, Opportunities Exist To Improve Resource Utilization In The Office Of The Sergeant At Arms (Report No. 95-SAA-14, dated July 18, 1995). This audit evaluated the efficiency of Office of Sergeant At Arms resources during times of seasonal fluctuations and made six recommendations to improve those activities. Four recommendations have been fully implemented and two have been partially implemented. (See Exhibit.)

II. FINDING AND RECOMMENDATION

Finding A: Chamber Security Personnel Are Being Funded At A Level Which Exceeds Their Utilization

Despite an attempt to implement a prior year audit recommendation from OIG Report No. 95-SAA-14 to reassign Chamber Security staff to other tasks to avoid over-staffing when the House is not in session, over-staffing is still occurring. As a result, Chamber Security staff are being paid for more hours than actually worked. According to individual "Belo" agreements for the eight months ended October 31, 1996, employees were paid $291,823 in wages based upon an assumed 60-hour work week when actual hours averaged only about 22 hours per week. Therefore, Chamber Security staff were overpaid approximately 61 percent, or $181,335, more than they should have been paid if payments were based on hourly wages with overtime pay for hours worked in excess of 40 hours per week.

OIG Report No. 95-SAA-14 recommended that the SAA either pay Chamber Security Aides based on an hourly basis, or reassign Chamber Security Aides to other duties when the House is not in session. The SAA, however, has not fully reassigned Chamber Security staff to other duties when the House is not in session or paid employees on an hourly basis.

Chamber Security staff are currently paid as full time staff under "Belo" agreements. Under Section 207(f) of the Fair Labor Standards Act, a "Belo" Plan enables employers to give employees compensatory time in lieu of overtime pay over a specified number of hours per week. The SAA "Belo" agreements guarantee compensated employees at a fixed rate for the first 40 hours of work per week, and a fixed overtime rate over 40 and up to 60 hours of work per week. Any additional hours beyond 60 would be credited to the employee in the form of compensatory time at a rate of 1.5 hours per hour worked.

We obtained time reports for the periods from March 3, 1996 through October 31, 1996 and calculated the total actual weekly hours worked for each employee. We then calculated the average weekly hours worked per employee. Chamber Security staff worked an average of 21.75 hours per week. The highest weekly average during the period we reviewed was 58.95 hours and the lowest average hours, for weeks where Chamber Security staff were assigned to work, was 5.71 hours.

Furthermore, only 23 percent of the employee weeks were in excess of 40 hours and 57 percent were less than 30 hours (see the following chart). No employee worked more than 40 hours per week for more than 7 of the 35 weeks reviewed.

Based on individual "Belo" agreements provided by the SAA, these employees were paid $291,823 in wages for the 35 weeks from the week of March 9, 1996 to the week of November 1, 1996. This is 61 percent or $181,335 more than if Chamber Security staff had been paid on an hourly basis with overtime paid after the first 40 hours worked in a given week.

The relationship between pay under the "Belo" agreements and actual hours worked will vary for each Congressional session, depending upon the number of hours that Congress is in session each week. For example, SAA management stated that the hours worked by Chamber Security Aides more closely approximated full-time employment during the First Session of the 104th Congress than during the Second Session. The reduced workload during the Second Session was due to an election year, and Congress was not in session for as many days as during the First Session. However, the foregoing example reinforces the fact that time worked by Chamber Security Aides does not always reflect a full-time equivalent work year and illustrates that overpayments are still continuing to occur by not linking pay to actual time worked.

According to SAA management, Chamber Security staff have been reassigned to other tasks, but on a limited basis only (when the House is not in session) because of very limited opportunities for reassignment. The reassignments that have been made are for participation in one week Member recognition training classes to be held in December 1996 and for work in the House Identification Office during the convening of the 105th Congress.

Recommendation

We recommend that the Sergeant at Arms prepare a proposal, for approval by the Committee on House Oversight, based upon one of the following options:

Option 1: Pay Chamber Security Aides on an hourly basis, with overtime accrued after a 40-hour workweek.

Option 2: Pay Chamber Security Aides on an hourly basis, with overtime accrued after an 8-hour day.

Option 3: Reduce the "Belo" agreements to amounts more consistent with the workload, and re-evaluate "Belo" calculations bi-annually.

Management Response

In his November 21, 1996 response to our draft report, the SAA concurred with Option 3 of the recommendation. In his response, the SAA stated that regarding Option 3, it is important to note that his office has previously committed to re-evaluating the "Belo" agreement after the 104th Congress. Therefore, the he concurs with the need for readjustment regarding these contracts, taking into consideration the total weekly hours worked for the First and Second Session rather than focusing on either Session. Further, the schedule of the Congress (and those individuals who work irregular hours tied to that schedule) has traditionally been affected by a variety of factors including, for example, election year cycles.

Office of Inspector General Comments

The SAA's planned action is responsive to the issue we identified and, when fully implemented, should fully satisfy the intent of the recommendation.

III. OTHER MATTERS

During the 104th Congress, the House of Representatives has undertaken extensive measures to improve operations and efficiencies, as well as financial reporting and accountability. These measures evolved, in part, from numerous recommendations made in several audits on the operations of each of the three House Officers. As a result of the findings and recommendations included in the audit reports, considerable progress has been made to date. However, due to the number and complexity of the recommendations, additional procedures are needed to ensure that recommendation status is kept up-to-date, and that implementation is supported by adequate documentation. While the SAA only had a limited number of findings and recommendations over the past two years, we believe a system for tracking and managing implementation of prior audit recommendations should be implemented which is consistent among all three Officers of the House.

Recommendations

We recommend that the Sergeant at Arms:

1. Work with the Chief Administrative Officer and the Clerk to establish a consistent system for tracking and managing the implementation of prior audit recommendations.

2. Establish target dates for all unimplemented prior audit recommendations. (See Exhibit.)

Management Response

In his November 21, 1996 to our draft report, the SAA concurred with both recommendations. In his response to Recommendation 1, the he stated that his office would be happy to work with the CAO and Clerk to set up a common system. Additionally, the SAA has set up their his own system to monitor prior audit recommendations and will continue this practice. In his response to Recommendation 2, the SAA will provide target dates for the prior audit recommendations which are still not implemented by December 31, 1996.

Office of Inspector General Comments

The SAA's planned actions are responsive to the issues we identified and, when fully implemented, should fully satisfy the intent of the recommendations.