FY 1990 INTELLIGENCE AUTHORIZATION BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001500050008-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 60
• Document Creation Date: December 27, 2016
• Document Release Date: December 28, 2012
• Sequence Number: 8
• Publication Date: November 15, 1988
• Content Type: MEMO

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DEPARTMENT OF THE ARMY
lif
OFFICE OF THE SECRETARY OF THE ARMY
WASHINGTON, DC 203 1 0-1 600
15 NOV 1988
OFFICE, CHIEF OF
LEGISLATIVE LIAISON
Robert fcr. ,Winchester
Special ssJistant to the
Secret of the Army
for Legislative Affairs
MEMORANDUM FORT (CHIEF OF LEGISLATION,
OFFICE OF CONGRESSIONAL AFFAIRS, CIA
SUBJECT: FY 90 Intelligence Authorization Bill
Attached for your information, review, and
follow-on discussion, as necessary, are the legis-
lative packages Army would like to submit to the
Administration and the Congress in the FY 90
Intelligence Authorization Bill.
Please note that we have deleted the proposal
dealing with Defense Senior Intelligence Service
(Reference: My 3 October memorandum to you, pro-
posal #7). In its stead, we have substituted the
"Permanent Termination Authority."
My schedule is such that I will be TDY until
16 November. Upon returning to my office, I will
contact Dave or Paul to see where we stand.
Looking forward to working with you and your
staff on these matters.
STAT
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DEFENSE LANGUAGE INSTITUTE
CIVILIAN PERSONNEL MANAGEMENT
LEGISLATION
SEC. . (a) Part III of title 10, United States
Code, is amended by adding at the end thereof the following
new chapter:
"CHAPTER 111--DEFENSE LANGUAGE INSTITUTE
"Sec.
"2191. Function. -
"2192. Civilian faculty.
"2193. Civilian personnel management.
"2194. Conferral of degrees upon graduates.
"There is an organization for the instruction of
Department of Defense personnel and others, as approved by
the Secretary of Defense, in foreign languages and for the
encouragement of foreign language instruction throughout
educational institutions in the United States.
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"SEC. 2192. Civilian Faculty
"The Secretary of Defense may employ such civilians as he
considers necessary to serve in this Institute as chancellor,
senior professors, professors, associate professors, assist-
ant professors, instructors, and supporting staff. The
Secretary of Defense shall prescribe the qualifications,
duties, tenure, and compensation of those persons.
"SEC. 2193. Civilian Personnel Management
"(a) The Secretary of Defense may establish a flexible
personnel management system for the civilian faculty and
analogous staff members of this Institute. Chapters 41,
43, 51, 53, 61, 75, and Subchapters I, II, and V of Chapter
55 of title 5 shall guide the Secretary in his establish-
ment of such system but shall not be binding on the
Secretary.
"(b) In no case may compensation be paid at a rate
in excess of the rate of basic pay for Level V of the
Executive Schedule as noted in Chapter 53 of Title 5.
"SEC. 2194. Conferral of Degrees Upon Graduates
"(a) The Chancellor of the Institute, under direction
of the Secretary of Defense, may confer on any qualified
graduate an appropriate degree in a foreign language.
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"(b) A degree may not be conferred under this section
unless the curriculum leading to that degree is accredited
by the appropriate professional authority.".
(b) The table of chapters at the beginning of subtitle A
of such title, and the table of chapters at the beginning
of Part III of such subtitle, are amended by inserting
after the item relating to Chapter 110 the following new
item:
"111. Institute for the purpose of providing foreign language
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The legislation follows the spirit and intent of
recent Office of Personnel Management (OPM) initiatives for
a simplified management system approach to the existing Civil
Service Personnel Management Program. DLI personnel are in
full support of these initiatives and are striving to accomplish
superior employee production. The OPM initiatives, however,
fall short of allowing DLI to meet fully its organizational
goals. DLI is a uniquely designed academic Insitution
comprised of foreign language teaching specialists with
native-level proficiency. There is no system allowing for
progression in this environment by academic degree attainment
or superior academic achievement. In addition, the Institute
needs authority to classify its academic personnel and to
support academic degree attainment.
The purpose of this legislation is to grant the
Secretary of Defense the authority to establish an in-
dependent civilian personnel management system for the
DLI and to promulgate regulations that will allow for the
career development and training of faculty to meet the
language training mission similar to private academic
institutions. The proposed changes in the personnel manage-
ment systems would lead to the professionalization of the
faculty and resources. It would also lead to a significant
improvement in student graduation rates. This improvement
would contribute significantly to educating graduates who
can perform at the required level in critical intelligence
and foreign liaison functions throughout the Department of
Defense and the national Intelligence Community.
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DLI is an academically and professionally accredited
Institution of higher education operated for the Department
of Defense by the Department of the Army through its Train-
ing and Doctrine Command. As a part of the Federal Govern-
ment it is administered under normal military and civil
service procedures. DLI is accredited by the Accrediting
Commission for Community and Junior Colleges, Western
Association of Schools and Colleges. Since DLI is not a
degree-granting Institution, it is recognized under the
jurisdiction of the Junior Commission as a specialized
post-secondary institution.
DLI is responsible for all military foreign language
training for the Department of Defense. DLI trains
approximately 6,000 students per year from all four Services
(Army, Navy, Air Force, and Marine Corps). For academic
and administrative purposes, the Institute is organized
into six separate language schools with a total of 38
separate language departments. Each school is headed by a
dean and each department by a chairperson. During the past
decade, the DLI civilian faculty and staff has almost
doubled to its current total of approximately 870 instruct-
ional and academic support personnel.
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The language instruction that DLI provides becomes the
foundation for future development in the students' designated
career fields. Each career field requires specific language
proficiency levels for its personnel. Currently, many of
these levels are not being attained. While numerous factors
contribute to this situation, a major problem is faculty
personnel management as it is administered under the current
civil service system. The growth in DLI student population
(nearly an 85 percent increase in graduates from 1979 to
1986) has resulted in personnel management requirements which
exceed existing limits. Specifically, the current classifi-
cation system gives rank and pay to each position. It
provides little or no flexiblity for reward of individual
qualifications and contributions. The necessity to double
faculty size has resulted in the hiring of numerous native
speakers who are not trained in language teaching. At present
only extremely limited professional training can be provided
to correct this serious deficiency.
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To correct these serious problems, the enclosed legisla-
tion is proposed. It would grant the Secretary of Defense
classification and compensation authority for DLI. This would
allow DLI to structure its work force following accepted
academic models. Specifically, academic staff and faculty
personnel would be awarded academic ranks based upon individual
qualifications. Personnel would be required to meet established
academic standards and would be compensated according to their
individual contributions to the organization. This would
provide management the flexibility essential to the operation
of a modern educational institution. It should be noted that
comparable personnel management systems have already been
authorized for other Federal institutions: the U. S. Naval
Academy by Section 6952 of title 10, U.S.C., the Naval War
College by Section 7478 of title 10, U.S.C., the U. S. Naval
Postgraduate School by Section 7044 of title 10, U.S.C.,
the U. S. Coast Guard Academy by Section 186 of title 14,
the Merchant Marine Academy by Section 1126(e) of title 14,
U.S.C., the Panama Canal College by title 20, U.S.C., and
the Air Force Institute of Technology by title 10, U.S.C.
The second legislative change requested would allow DLI
to provide financial assistance to the faculty in pursuit of
degrees in fields related to foreign language teaching. Such
authority would have an immediate, positive impact on faculty
qualifications and be a major investment in improving the
professional quality of the faculty.
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The total additional cost of implementing this proposed
legislation during the next five years is estimated at $1.3
million. However, by enhancing the quality of language
instruction, the proposal is expected to improve the proficiency
of students by approximately 25% without increasing course
length. The cost of increasing the length of courses to
achieve a 25% increase in proficiency under the existing
instructional system would be approximately $55 million over
the next five years. Thus, the proposal is estimated to
result in a net avoidance of costs of approximately $53.7
million in the next five years.
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NOTE: Where applicable, changes in existing law are shown
as follows: existing law in which no change is
proposed is shown in roman; existing law proposed
to be struck is enclosed in brackets; new material
is underscored.
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SEC. . (a) Part III of title 10, United States Code,
is amended by adding at the end thereof the following new
chapter:
"CHAPTER III-DEFENSE LANGUAGE INSTITUTE
"SEC.
2191. Function.
2192. Civilian faculty.
"2193. Civilian personnel management.
"2194. Conferral of degrees upon graduates.
"SEC. 2191. Function.
"There is an organization for the instruction of Department
of Defense personnel and others, as approved by the Secretary
of Defense, in foreign languages and for the encouragement of
foreign language instruction throughout educational institutions
in the United States.
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"SEC. 2192. Civilian faculty
"The Secretary of Defense may employ such civilians as he
considers necessary to serve in this Institute as chancellor,
senior professors, professors, associate professors, assistant
professors, instructors, and supporting staff. The Secretary
of Defense shall prescribe the qualifications, duties, tenure,
and compensation of those persons.
"SEC. 2193. Civilian personnel management
"(a) The Secretary of Defense may establish a flexible
personnel management system for the civilian faculty and
analogous staff members of this Institute. Chapters 41,
43, 51, 53, 61, 75 and Subchapters I, II, and V of Chapter 55
of title 5 shall guide the Secretary in his establishment of
such system but shall not be binding on the Secretary.
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"(b) In no case may compensation be paid at a rate
in excess of the rate of basic pay for Level V of the
Executive Schedule as noted in Chapter 53 of title 5.
"SEC. 2194. Conferral of degrees upon graduates
"(a) The chancellor of the Institute, under direction of
the Secretary of Defense, may confer on any qualified graduate
an appropriate degree in a foreign language.
"(b) A degree may not be conferred under this section
unless the curriculum leading to that degree is accredited by
the appropriate professional authority.".
(b) The table of chapters at the beginning of subtitle A
of such title; and the table of chapters at the beginning
of Part III of such subtitle, are amended by inserting after
the item relating to Chapter 110 the following new item:
111. Institute for the purpose of providing foreign language
instruction ...2191.
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SEC. . (a) Subsection (4) of Section 606 of the National
Security Act of 1947, as amended, is further amended as follows:
In subclause (A), the following phrase is added after
the phrase "Armed Forces":
"acting as an agent of, or informant or source of operational
(b) In subclause (B)(i) strike the phrase "resides and" and
in subclause B(ii) after the word "informant" and before the
word "to" insert the following: "...or source of operational
assistance." Further, strike the phrase "the Federal Bureau of
Investigation" and insert the following: "...an intelligence
agency."
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SECTION-BY-SECTION ANALYSIS AND EXPLANATION
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SEC. Amends section 426(4) of title 50, United
States Code to bring within the ambit of the Intelligence
Identities Protection Act three classes of intelligence agents,
informants and sources who--through an oversight--had not
previously been so covered and whose activities require such
protection:
a. DOD personnel, both military and civilian, who are not
assigned to duty with an intelligence agency, but nevertheless,
whose identities and relationships to intelligence agencies are
classified information, and who may have served outside the
United States in the past five years, but currently serve within
the United States.
b. United States citizens whose intelligence relationships
to the United States are classified information, and who reside
in the United States, but act outside the United States on
behalf of an intelligence agency.
c. United States citizens whose intelligence relationships
to the United States are classified information, but who at the
time of the disclosure are not acting as agents or informants
to the FBI, but who are acting as agents or informants or
sources of operational assistance to another intelligence agency.
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SEC. Enactment of this legislation will cause no
apparent increase in the budgetary requirements of the Department
of Defense.
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NOTE: Where applicable Changes in existing law are shown
as follows: existing law in which no change is
proposed is shown in roman; existing law proposed
to be struck is enclosed in brackets; new material
is underscored.
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SEC. . (a) Section 426 (4) of title 50, United
States Code, is amended as follows:
(4) The term "covert agent" means --
(A) An officer or employee of an intelligence
agency or a member of the Armed Forces [assigned to duty
with] acting as an agent of, or informant or source of
operational assistance to an ingelligence agency.
(B) A United States citizen whose relationship
(i) who [resides and] acts outside the United
States as an agent of, or informant or source of operational
assistance to, an intelligence agency, or
(ii) who is at the time of the disclosure acting as
an agent of, or informant or source of operational assistance
to, the foreign counterintelligence or foreign counterterror-
ism components of [The Federal Bureau of Investigation]
an intelligence agency; or
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RELIEF FROM PROHIBITION ON DUAL COMPENSATION
SEC. (a) Section 5532, Subchapter IV, Chapter 55 of
title 5, United States Code is amended by adding at the
end thereof the following new subsection:
"(g). Notwithstanding any other provision of law, the
retired or retainer pay of a former member of a uniformed
Service shall not be reduced while such former member is
employed by the United States Government to perform duties
governed by Executive Order 12333 or successor orders, or
to train others to perform such duties.".
(b) The amendment made by this section shall be effective
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SEC. . adds a new Subsection (g) to Section 5532,
Subchapter IV, Chapter 55 of title 5, United States Code
to permit retired military personnel to receive their full retir-
ed or retainer pay when employed by the United States Government
on intelligence-related duties. Under present law, a retired
officer of a Regular Component holding a position with the U. S.
Government forfeits a portion of his retired pay. The effect of
this policy is to discourage such retired officers from seeking
Government positions. There is, however, a particular need to
attract to Government service retired military personnel with
intelligence backgrounds; this section provides a means of doing
so. By the time they retire, military intelligence officers are
trained and qualified to high levels of unique professional
expertise and are generally functioning at the height of their
career productivity. If they could fill civilian positions,
without financial loss, the United States Government would be
able to obtain and benefit from their continued service.
Additionally, the civilian component of the Intelligence
Community would be strengthened by the admixture of retired
officers and civilian personnel lacking such prior military
experience.
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SEC. : Enactment of this legislation will cause no
apparent increase in the budgetary requirements of the Depart-
ment of Defense.
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SEC. (a) Section 5532, Subchapter IV, Chapter 55
of title 5, United States Code, is amended by adding at the end
thereof the following new subsection:
"(g). Nothwithstanding any other provision of law, the
retired or retainer pay of a former member of a uniformed
service shall not be reduced while such former member is
employed by the United States Government to perform duties
governed by Executive Order 12333 or successor orders, or to
train others to perform such duties.".
(b) The amendment made by this section shall be effective
on 1 October 1989.
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SECURE PROMOTIONS FOR U. S. ARMY INTELLIGENCE OFFICERS
SEC. . (a) Chapter 343 of title 10, United States
Code, is amended by adding at the end thereof the following new
section:
"SEC. 3549. Military Intelligence: Secure Promotions of
Officers Serving in the Great Skills Program
or its successors
"If the Secretary of the Army determines that compliance
with the appointment procedures specified in section 624(c)
of this title may be harmful to the security or safety of
officers performing classified intelligence or counter-
intelligence duties as members of the Great Skills Program
or its successors or compromise the security of an intelligence
or counterintelligence operation conducted by Great Skills
personnel, the Secretary may submit to the President a clas-
sified list identifying those affected officers whom the
Secretary recommends for promotion. The President, without
seeking the advice and consent of the Senate, may appoint
officers so identified in grades below that of brigadier general.
The Secretary of the Army shall annually report to the Committee
on Armed Services of the Senate and House of Representatives
the number of officers promoted under this section and the
grades to which such officers were promoted.".
(b) The amendment made by this section shall be effective
for promotions occurring on or after 1 October 1989; and
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(c) The table of sections at the beginning of Chapter
343 is amended by adding at the end thereof:
"3549. Military Intelligence: Secure Promotions
of Officers Serving in the Great Skills
Program or its Successors.".
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SEC. adds new Section 3549 to Chapter 343 of
title 10 to delete the requirement for Senate confirmation
of certain officers recommended for promotion to the next
higher grade who are on the active duty list and perform
classified intelligence or counterintelligence duties as
members of the Army's Great Skills program (or successor
prorams), a personnel management system for managing the
careers of individuals who specialize in sensitive operational
activities. This section provides a permanent statutory basis
for informal understandings between the Army and the Senate
Armed Services Committee regarding confirmation procedures
designed to protect the identities of officers involved in
these clandestine activities. This promotion authority will be
used only if the Secretary of the Army determines that public
disclosure of the identities and Army affiliation of the
officers concerned might endanger their personal safety or
compromise sensitive intelligence or counterintelligence opera-
tions. The new provision authorizes the President, acting
alone, to appoint such officers to grades below that of brigadier
general. It also requires the Secretary of the Army to provide
annual reports to the Armed Services Committees of the Senate
and House of Representatives specifying the number of officers
appointed under this special procedure and the grades to which
they are promoted.
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SEC. Enactment of this legislation will cause no
aparent increase in the budgetary requirement of the Depart-
ment of Defense.
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NOTE: Where applicable, changes in existing law are
shown as follows: existing law in which no
change is proposed is shown in roman; existing
law proposed to be struck is enclosed in brackets;
new material is underscored.
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SEC. (a) Chapter 343 of title 10, United States
Code, is amended by adding at the end thereof the following
new section:
"SEC. 3549. Military Intelligence: Secure Promotions of
Officers Serving in the Great Skills Program
or its successors
"If the Secretary of the Army determines that compliance
with the appointment procedures specified in section 624(c)
of this title may be harmful to the security or safety of
officers performing classified intelligence or counterintel-
ligence duties as members of the Great Skills Program or
its successor or compromise the security of an intelligence or
counterintelligence operation conducted by Great Skills
personnel, the Secretary may submit to the President a clas-
sified list identifying those affected officers whom the
Secretary recommends for promotion. The President, without
seeking the advice and consent of the Senate, may appoint
officers so identified in grades below that of brigadier general.
The Secretary of the Army shall annually report to the Committee
on Armed Services of the Senate and House of Representatives
the number of officers promoted under this section and the
grades to which such officers were promoted.".
(b) The amendment made by this section shall be effective
for promotions occurring on or after 1 October 1989;
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U. S. CITIZENSHIP FOR U.S. ARMY RUSSIAN
INSTITUTE (USARI) STAFF
Sec. . (a) Section 1430 of title 8,
United States Code, is amended by adding at the end
thereof the following new subsection:
"(e) Any person who (1) is employed by
the U. S. Army Russian Institute, and (2) has
been so employed continuously for a period of
not less than five years after a lawful
admission for permanent residence, and (3) who
files his petition for naturalization while so
employed or within six months following the
termination thereof, and (4) who is in the
United States at the time of naturalization,
and (5) who declares before the naturalization
court in good faith an intention to take up
residence within the United States immediately
upon termination of such employment, may be
naturalized upon compliance with all the
requirements of this subsection except that no
prior residence or specified period of
physical presence within the United
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States or any State or within the jurisdiction
of the court, or proof thereof, shall be re-
quired."
(b) The amendment made by this subsection shall
be effective upon date of enactment.
(c) The title of Section 1430 shall be amended to
"Section 1430. Married persons and employees
of certain nonprofit organizations and the
United States Army Russian Institute."
(d) The table of section for Chapter 12,
Subchapter III, Part II, S 1430 is amended to read:
" 1430. Married persons and employees of
certain nonprofit organizations and the
United States Army Russian Institute."
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SECTION-BY-SECTION ANALYSIS AND EXPLANATION
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Subsection adds new subsection (e) to Sec-
tion 1430 of title 8 to allow members of the U. S. Army
Russian Institute (USARI) staff who have defected or
emigrated to the West to obtain U. S. citizenship while
working at the school in Garmisch, Federal Republic of
Germany. Section 1430 already allows several excep-
tions to the normal requirement of prior residence or
physical presence within the United States for U. S.
citizenship. The new subsection will allow members of
the USARI staff to remain at the school to perform
their teaching duties while at the same time accruing
time towards U. S. citizenship. At the present time a
majority of the staff at USARI are stateless. Because
of the location of the school, employees are unable to
fulfill the residency requirement for U.S. citizenship.
As defectors and emigres, the employees are unable to
receive any of the benefits and protections guaranteed
by U.S. citizenship. Their unique situation, their
dedication, and their invaluable contribution to the
United States Government justify an exception to the
statutory requirement. This section would also provide
an incentive to qualified defectors and emgires to con-
sider USARI as an employment alternative without for-
feiting their right to apply for U.S. citizenship.
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Section Enactment of this legislation
will cause no apparent increase in the budgetary
requirements of the Department of Defense.
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CHANGES IN EXISTING LAW
NOTE: Where applicable, changes in existing law
are shown as follows: existing law in
which no change is proposed is shown in
roman; existing law proposed to be struck
is enclosed in brackets; new material is
underscored.
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Sec. . (a) Section 1430 of title 8,
United States Code, is amended by adding at the end
thereof the following new subsection.
"(e) Any person who (1) is employed by
the U. S. Army Russian Institute, and (2) has
been so employed continuously for a period of
not less than five years after a lawful
admission for permanent residence, and (3) who
files his petition for naturalization while so
employed or within six months following the
termination thereof, and (4) who is in the
United States at the time of naturalization,
and (5) who declares before the naturalization
court in good faith an intention to take up
residence within the United States immediately
upon termination of such employment, may be
naturalized upon compliance with all the
requirements of this subsection except that no
prior residence or specified period of
physical presence within the United States or
any State or within the jurisdiction of the
court, or proof thereof, shall be required.".
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(b) The amendment made by this subsection shall
be effective upon date of enactment.
_(c) The title of Section 1430 shall be amended to
"? 1430. Married persons and employees of
certain nonprofit organizations and the
United States Army Russian Institute.".
(d) The table of section for Chapter 12,
Subchapter III, Part II, ? 1430 is amended to read:
"? 1430. Married persons and employees
of certain nonprofit organizations and the
United States Army Russian Institute.".
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1-7 1
PERMANENT SPECIAL TERMINATION
AUTHORITY FOR THE
SECRETARY OF DEFENSE
SEC. Paragraph 1590(e)(1) of Chapter 81 of title
10, United States Code, is amended by striking ", during
fiscal year 1987,".
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SEC. . amends paragraph 1590(e)(1) of Chapter 81
of title 10, United States Code, which was enacted as
Section 504 of the Fiscal Year 1987 Intelligence Authoriza-
tion Act, Public Law 99-569, 27 October 1986, by deleting the
phrase ", during fiscal year 1987,". The operative effect
of the deletion is to grant the Secretary of Defense permanent
special termination authority with regard to any civilian
intelligence officer or employee of a military department
under the circumstances detailed in paragraph 1590(e)(1).
Deletion of the phrase ", during Fiscal Year 1987," in
paragraph 1590(e)(1) parallels action previously initiated
by the Defense Intelligence Agency to grant permanent
special termination authority to the Secretary of Defense
vis-a-vis civilian officer or employee of the Defense
Intelligence Agency by amending paragraph 1604(e)(1) of
title 10. Parity alone between the DIA and the Military
Services in managing their civilian intelligence personnel
population dictates adoption of this proposal. It is hoped
that the Secretary of Defense will never have to make use
of this special termination authority; such authority will
be invoked only as a last resort. Should an instance arise
when it is necessary to invoke this authority, it will be
too late to enact such a provision.
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36
Enactment of this legislation will cause no apparent
increase in the budgetary requirements of the Department
of Defense.
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NOTE: Where applicable, changes in existing law are shown
as follows: existing law in which no change is proposed
is shown in roman; existing law proposed to be struck is
enclosed in brackets; new material is underscored.
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B S.
SEC. paragraph 1590(e)(1) of Chapter 81 of title
10, United States Code, is amended as follows:
"(e)(1) Notwithstanding any other provision of law the
Secretary of Defense may [, during fiscal year 1987,]
terminate the employment of any civilian intelligence
officer or employee of a military department whenever he
considers that action to be in the interest of the United
States and he determines that the procedures prescribed in
other provisions of law that authorize the termination of
the employment of such officer or employee cannot be invoked
in a manner consistent with the national security. The
decisions of the Secretary under this paragraph are final
and may not be appealed or reviewed outside the Department
of Defense. The Secretary of Defense shall promptly notify
the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate whenever termination authority
is exercised."
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SECTION BY SECTION ANALYSIS AND EXPLANATION
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NOTE: Where applicable Changes in existing law are shown
as follows: existing law in which no change is
proposed is shown in roman; existing law proposed
to be struck is enclosed in brackets; new material
is underscored.
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SEC. . (a) Section 1342, Chapter 13 of title 31, United
States Code, is amended by adding at the end of the first
sentence the following new sentence:
1342. Limitation on Voluntary Services
"An officer or employee of the United States Government or
of the District of Columbia government may not accept
voluntary services for either government or employ personal
services exceeding that authorized by law except for
STAT
emergencies involving the safety of human life or the
protection of property. Notwithstanding the foregoing
limitation on the employment of personal services, the
STAT Secretary of the Army is authorized to employ personal
services in order to provide instructors at
This section does not apply to
a corporation getting amounts to make loans (except paid in
capital amounts) without legal liability of the United
States Government."
(b) Ths amendment shall be effective on October 1,
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SEC. . (a) SEC. 1342, Chapter 13 of title 31, United
States Code is amended by adding at the end of the first sentence
thereof the following new sentence:
"Notwithstanding the foregoing limitation on the
employment of personal services, the Secretary of the Army is
authorized to employ personal services to provide instructors
(b) This amendment shall be effective on October 1, 1989.
STAT
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Chapter 13 of title 31 to authorize the Secretary of the Army
to employ personal services in order to hire instructors at the
adds new language to Section 1342,
STAT
The Defense
Intelligence Agency (DIA) is the executive agent within the
Department of Defense (DOD) for all matters related to training
DOD personnel at
In response to an expansion of
STAT
personal services for instructors at
courses, DIA has tasked Army to fill six new instructor
positions at In order to fill these positions, Army
would be required to adopt one of three alternatives: pull
officers from their duties in the field; attempt to hire the
instructors as civil service annuitants; or hire the instructors
by means of a Government contract. The first alternative is
unacceptable operationally, as the personnel are far more
urgently needed in the field. The second alternative is also
unacceptable, as the likely pool of candidates is made up mainly
of retired Government employees, civilian and military, and the
salary that could be paid to them as annuitants is severely
limited by statute. The salary limitation would make the
position extremely unattractive. The final alternative is
considered acceptable, but only if the instructors can be hired
with a contract for personal services. It is necessary for
Army to retain a high degree of flexibility in the assignment
of duties to the instructors and to maintain the type of
supervisory control that exists in an employer/employee
relationship, a control found only in a personal service
contract. This amendment will permit the Army to contract for
STAT
STAT
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COST ANALYSIS
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SEC Enactment of this legislation will cause an
estimated increase of $150,000 per annum in the budgetary
requirements of the Department of Defense. Actual costs will
not be known until solicitations for the instructors are issued
and contracts are negotiated.
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