CONGRESSIONAL RECORD - HOUSE

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP96M01138R000400070008-0
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RIPPUB
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K
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3
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December 27, 2016
Document Release Date: 
August 18, 2011
Sequence Number: 
8
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Publication Date: 
July 29, 1985
Content Type: 
MISC
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Sanitized Copy Approved for Release 2011/08/18: CIA-RDP96MO1138R000400070008-0 Iq Next 1 Page(s) In Document Denied STAT Sanitized Copy Approved for Release 2011/08/18: CIA-RDP96MO1138R000400070008-0 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP96MOl 138R000400070008-0 116502 CONGRESSIONAL RECORD - HOUSE July 29, 1985 Army Navy Air Marine Force Corps Major or t2denanl Cammader...:.._...... 2,311 850 476 100 h'uI nant Cokmd or Cceswder......._... 1,152 520 318 60 talent or Nay Caplas.._._.......__.._ 348 171 189 25". (c) EFFECTIvz DATE.-The amendments made by subsections (a) and (b) shall take effect on October 1, 1985. PART C-MILITARY TRAINING SEC. 421. AUTIIORIZATION OF TRAINING STUDENT LOADS (a) IN GENERAL.-For fiscal year 1986, the components of the Armed Forces are au- thorized average military training student loads as follows: (1) The Army, 79,686. (2) The Navy, 71,018. (3) The Marine Corps, 20,766. (4) The Air Force, 43,389. (5) The Army National Guard of the United States, 18,886. (6) The Army Reserve, 16,985. (7) The Naval Reserve, 3,355. (8) The Marine Corps Reserve, 3,790. (9) The Air National Guard of the United States, 2,751. (10) The Air Force Reserve, 2,118. (b) ADausrMENTS.-The average military student loads for the Army, the Navy, the Marine Corps, and the Air Force and the re- serve components authorized in subsection (a) for fiscal year 1986 shall be adjusted consistent with the personnel strengths au- thorized in parts-A and B. Such adjustment shall be apportioned among the Army, the Navy, the Marine Corps, and the Air Force and the reserve components in such manner as the Secretary of Defense shall prescribe. TITLE V-DEFENSE PERSONNEL POLICY PART A-CIVILIAN PERSONNEL SEC. 501. WAIVER OF CIVILIAN PERSONNEL CEIL- INGS FOR FISCAL YEAR 1986 The provisions of section 138(c)(2) or title 10. United States Code, shall not apply with respect to fiscal year 1986 or with respect to the appropriation of fund.; for that year. SEC. 501 PROHIBITION ON MANAGING CIVILIAN PERSONNEL DY END-STRENGTHS DURING FISCAL YEAR 1986 (a) PROHIBITION.-During fiscal year 1986, the civilian personnel of the Department of Defense may not be managed on the basis of any end-strength, and the management of such personnel during that fiscal year shall not be subject to any constraint or limita- tion (known as an "end-strength") on the number of such personnel who may be em- ployed on the last day of such fiscal year. (b) FY86 REi'oiTs.-Not later than Febru- ary 1, 1986, the Secretary of Defense and the Director of the Office of Management and Budget shall each submit to the Com- mittees on Armed Services of the Senate and Horrse of Representatives a report on the expt~rience of the Department of De- fense during fiscal years 1985 and 1986 (to the date of the report) concerning the man- agement of civilian personnel of the Depart- ment without a congressionally imposed ci- vilian end strength and with a statutory prohibition on the management during those fiscal years of such civilian personnel by end strength. Each such report shall in- clude the views of the Secretary or Director, as appropriate, with respect to the desirabil- ity of managing such personnel in such a manner. (C) QUARTERLY REPORTS,-(1) The Secre- tary of Defense shall submit to the Commit- tees on Armed Services of the Senate and the House of Representatives quarterly re- ports on the obligation of funds appropri- ated for civilian personnel of the Depart- ment of Defense for fiscal year 1986. Each report shall inciude- (A) for each appropriation account, the amounts authorized and appropriated for such personnel for fiscal year 1936; (13) for each appropriation account and for the entire Department- (1) the actual number of such personnel employed, and the amount of funds obligat- ed for such personnel, as of the end of the fiscal year quarter described in the report; and (ii) the projected number of such person- nel to be employed, and the amount of funds that will be obligated for such person- nel, as of the end of fiscal year 1986. (2) Each report required by paragraph (1) shall be submitted as soon as possible after the end of the fiscal year quarter described (B) by adding at the end thereof the fol- lowing new subsection: "(b)(1) The Secretary of the Air Force may employ as many civilian faculty mem- bers at the United States Air Force Institute of Technology as Is consistent with the needs of the Air Force and with Department of Defense personnel limits. "(2) The Secretary shall prescribe regula- tions determining- "(A) titles and duties of civilian members of the faculty; and "(B) rates of basic pay of civilian members of the faculty, notwithstanding chapter 53 of title 5. but subject to the limitation set out in section 5308 of title 5.". (2)(A) The heading of such section is in Lne report. amended by striking out the colon and the SEC- 503. EXERCISE OF CERTAIN AUTIIORITIES RE- last word. LATING TO CIVILIAN EMPLOYEES OF THE DEI'AIITMENT OF DEFENSE (a) FINDINGS.-The Congress finds- (1) that in National Security Decision Di- rective 84, issued by the President on March 11; 1983, the President directed the Attor- ney General to establish, after consultation with the Director of the Office of Personnel Management, an interdepartmental group to- (A) study security procedures in effect with respect to Federal employees; and (B) recommend appropriate revisions In Executive orders, regulations, and guide- lines pertaining to such procedures; and (2) that on May 1, 1984, the interdepart- ental group referred to in clause (1) re- quested, in a memorandum to the Assistant to the President for National Security Af- fairs, that guidance be furnished to the group on matters relating to the study re- ferred to in paragraph (1)(A). (b) DIRECTION TO FURNISH GUIDANCE.- Before the end of the 60-day period begin- ning on the date of the enactment of this Act, the President shall transmit to the interdepartmental group referred to in sub- section (a) the guidance requested in the memorandum referred to in subsection (a)(2). (c) REPORT RsQUIREMENT: Before the end of the 90-day period beginning on the date that the President transmits the guidance pursuant to subsection (b), the interdepart- mental group shall transmit to Congress a report on its findings and recommendations. (d) AUTHORITY OF THE SECRETARY OF DE- FENSE.-Subject to subsection (e), the Secre- tary of Defense shall exercise the following authorities with respect to civilian employ- ees of the Department of Defense: (1) Authorities assigned to the Director of the Office of Personnel Management under section 5.2(a) of Executive Order Number tigation of the suitability of applicants. (2) Authorities assigned to the Office of ersonnel Management under Executive rder Number 10450 (5 U.S.C. 7311 note). relating to security requirements for Feder- al employees. (e) AUTHORITY OF THE PRESIDENT.-(1) Sub- section )(d) shall not take effect if the Presi- dent directs, on or before the date of the transmittal to Congress of the report de- scribed In subsection (c), that the authori- ties referred to in subsection (d) shall not he exercised by the Secretary of Defense. (2) The authority of the President under paragraph (1) may not be delegated. SEC. 504. MODIFICATION AND STUDY OF DEPART. AI ENT OF IEFI:NSE CIVILIAN PEIISON- NEI. CLASSIFICATION AND PAY SYS- TEMS (B) The item relating to such section in the table of sections at the beginning of chapter 901 of such title is -amended by striking out the colon and the last word. (b) EXCLUSION FROM CIVIL SERVICE CLASSI- FICATION SYSTEM- Section 5102(c) of title 5, United States Code, is amended- (1) by striking out "or" at the end of clause (26); ' (2) by striking out the period at the end of clause (27) and inserting in lieu thereof "; "(28) civilian members of the faculty of the Air Force Institute of Technology title 10, United States Code (as added by. subsection (a)(1)(B)), and - section, 5102(c)(28) of title 5, United States Code (as added by subsection (b)), shall not apply to any person who on the date of the enact- ment of this Act- (1) is a civilian member of the faculty of ? .s. the United States Air Force Institute ofrf~ General Schedule; and to be paid under the General Schedule. " (d) REPORT.-Not later than December 31; scientists, engineers, technicians, and other,:'- highly skilled personnel in scientific and en- a , gineering organizations In the Department.'.. i4 (a) INCREASE IN AUTHORIZED NUMBER 0F' Code, Is amended by striking out "2,717'%, x:; ' 2,936", "3,154". "3,373". and "3,591" in the f :-i items relating to the Marine Corps under title 10, United States Code, relating tQ: agreements of cadets at the United States .,. (a) (,IVILIAN FACULTY MLT1B?Rs or AIR FORCE INSTITUTE OF TECHNOLOGY.-(1) Sec- tion follows: 9314 of title 10, United States Code, is ?41318. Cadets: agreement to serve as officer amended- "(a) Each cadet shall sign an agreemet (A) by inserting "(a)" before "When"; and with respect to the cadet's length of servlae Sanitized Copy Approved for Release 2011/08/18: CIA-RDP96MOl 138R000400070008-0 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP96MOl 138R000400070008-0 116636 Full-tine suppmA Adminis. trat'on reduest mouse Senate C~- Army Nitcaal Guard ................ 30.619 26.879 20,583 23.131 Af' ( Reserve .........:................. 14.114 13,614 10.700 12.151 NIVN Resene...:_ .................. 19.510 19,510 15.210 19.010 Mr-re Crrps Reserve ............... 1.415 1475 1,129 1 415 Au Narenal Gm d .................... 7,269 7,269 6;469 , 7,629 Air Face Renne........ _........... 635 635 603 635 The conferees remain concerned about the assignment and utilization of full-time active duty guardsmen and reservists in sup- port of national guard and reserve units and headquarters. The conferees are concerned that the compensation and benefit program available to full-time reserve and guard members is virtually identical to that avail- able to acdve duty personnel, despite the different conditions of service between these two groups. During the"coming year. the conferees intend to review the full range of issues involving the question of full-time manning for the reserve components, in- cluding whether the full-time support should be provided by active duty personnel. LEGISLATIVE PROVISIONS ADOPTED increase in number of certain personnel au- thorized to be on active duty in support of the reserve components (sec. 413) In conjunction with the overall increases in full-time support, the Administration re- quested increases in the number of such personnel in the senior enlisted and officer grades. The House amendment reduced the re- quested level consistent with reductions made in full-time manning. The Senate bill provided no increase. The Senate recedes with an amendment reducing the level to reflect the reductions in full-time manning contained in section 412. PART C-MILITARY TRAINING MILITARY STUDENT TRAINING LOADS The Senate bill contained a provision that would authorize 234 fewer personnel in the Air National Guard military student train- ing load and 234 more personnel in the Air Force Reserve military student training load than the House amendment. The House recedes. LEGISLATIVE PROVISIONS NOT ADOPTED Eligibility of certain aliens for junior re- serve officers' training corps The House amendment contained a provi- sion (sec. 535) that would authorize perma- nent residents and other legal aliens of a permanent nature to count toward estab- lishing and maintaining the minimum en- rollment standards for junior reserve offi- cers' corps units and that would provide such persons with uniforms and equipment at government expense. The Senate bill contained no similar pro- vision. The House recedes. TITLE V-DEFENSE PERSONNEL POLICY PART A-CIVILIAN PERSONNEL LEGISLATIVE PROVISIONS ADOPTED Civilian personnel end strength for fiscal year 1936 (sec. 501 and sec. 502) The Senate bill contained a provision (see. 421) that would authorize a fiscal year 1986 end strength for the Department of Defense civilian personnel of 1,065,970. In addition, the Senate bill reduced the Department of Defense operation and maintenance request by $432.0 million in accordance with the above reduction in the civilian personnel re- quest. The House amendment contained two pro- visions relating to the management of chil- inn personnel within the Department of De- fense. Section 501 waived the requirement for a statutory civilian personnel end strength authorization for fiscal year 1986. Section 502 prohibits the management of Department of Defense civilian personnel by end strength constraints. The Senate bill contained no similar pro- visions. The Senate recedes on the fiscal year 1986 civilian personnel ceiling. With respect to managing through end strength, the Senate recedes with an amendment limiting the prohibition to fiscal year 1986. The conferees direct that the Department of Defense submit to Con- gress quarterly reports to the House and Senate Armed Services Committees showing "the execution,,of the funds authorized and appropriated for Department of Defense ci- vilian personnel in fiscal year 1986. This report shall show: (1) by service and appropriation account the amounts authorized and appropriated for Department of Defense civilian pesonnel for fiscal year 1986; (2) the actual number of Department of Defense civilians and dollar obligations for civilian personnel overall and by appropria- tion account as of the end of that quarter; and (3) the projected number and dollar obli- gations for Department of Defense civilian personnel by appropriation account through the remainder of the fiscal year, and the projected number of civilian personnel and dollar obligations for the entire fiscal year as of the end of that quarter. The conferees also agreed to require re- ports from the Department of Defense and Office of Management and Budget not later than February 1, 1986 on the experience of the Department of Defense during fiscal year 1985 and 1986 (to the date of the report) concerning the management of the Department of Defense civilian workforce without a congressionally imposed civilian end strength. Each report shall also include the views of the Secretary of ?`efense or the Director of the Office of Management and Budget, as appropriate, with respect to the desirability of managing such personnel In such manner. The conferees agreed to reduce the oper- ation and maintenance accounts by $296.9 million with the understanding that such a reduction is not to be associated with civil- ian end strength, but a general productivity target reduction. to encourage better man- agement of civilian personnel and other re- sources within the Department of Defense. Exercise of certain authorities relating to ci- vilian employees of the Department of Defense (sec, 503) The House amendment contained a provi- sion (section 1201) that would authorize the Secretary of Defense, for purposes of civil- an employees, to exercise (1) the authori- ics relating to the investigation of the suit- bilityof applicants which are currently as- igned to the Director of the Office of Per- nnel Management under section 5.2(a) of xecutive Order Number 10577, and (2) the uthorjties relating to security require- ents for Federal employees, which are cur- ently assigned to the Office of Personnel Management tinder Executive Order 10450. The Senate bill contained no similar pro- vision. The Senate recedes with an amendment that would require the President to provide, within 60 days of the date of enactment, guidance which was requested by an inter- departmental group studying the personnel security program of the Federal govern- ment. The amendment further would re- quire the interdepartmental group to report its findings and recommendations to the Congress within 90 days of the date on which the requested guidance is provldr-d b!4-- the President. _ The amendment further would provide that the exercise of authorities which would be transferred to the Secretary of Defense shall not take effect if, on or before the date of the transmittal to Congress of the find- ings and recommendations of the interde- partmental group, the President directs that these authorities shall not be exercised the Secretary of Defense. This authority of the President may not be delegated. Modification and study of Department of Defense civilian personnel classification and pay systems (sec. 5091 536) that Would authorize the Secretary of the Air Force to classify and pay civilian emloyees of the Air Force Institute Tech- nology without regard to the provisions of chapters 51 and 53 of title 5, United States Code. In addition, the provision would re- quire the Secretary of Defense to provide a report evaluating the effects of the pay and classification systems on recruitment and retention of Department of Defense scien- tific and engineering personnel no later The House amendment contained no simi- lar provision. The House recedes. PART B-ACTIVE MILITARY PERSONNEL LEGISLATIVE PROVISIONS ADOPTED Marine Corps grade relief (sec. 511) . The House amendment Included a provi- sion (sec. 511) that would increase the au- thorized strength for Marine Corps majors by approximately 250 at current officer strength levels. The Senate bill contained no similar pro- vision. - - The Senate recedes with an amendment reducing the amount of grade relief to ap- proximately 200 'majors at current officer strengths. The conferees relate the amount the DOPMA grade tables were constructed. The'circumstances warranting this relief are unique to the grade of major in the Marine Corps. They appear neither in the illy of the service Secretaries to require and-, ? enforce service agreements of cadets and midshipmen. The Senate bill contained no similar pro- vision. The Senate recedes. - :?~'i retired list (sec. 513) The House amendment contained a provi- sion (sec. 513) that would authorize: (1) placement of service members whose disabil- ities are permanent but unstable, on the temporary disability retired list (TDRL); and (2) retirement or separation of service members directly from the TDRL. The Senate bill contained no similar pro- vision. The Senate recedes. Change in title of grade of comrnodore 10 rear admiral (lower half) (sec. 514) The House amendment contained a provi- sion (sec. 514) that would change the title of Sanitized Copy Approved for Release 2011/08/18: CIA-RDP96MOl 138R000400070008-0 CONGRESSIONAL RECORD - .OUSE July 29 , 1985