CONGRESSIONAL RECORD - HOUSE
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CIA-RDP96M01138R000400070008-0
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Publication Date:
July 29, 1985
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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
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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
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CONGRESSIONAL RECORD - .OUSE July 29
,
1985