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has ruled that the provisions of title 10 are now outdated, so to speak. We seek to reaffirm those provisions of title 10 rather than provide an artificial grade increase to take care of the loss of pay.

Senator SYMINGTON. In other words, you say that by law you cannot pay more than $10,800; is that correct?

Colonel ROCKWELL. No, sir. The provisions that I have discussed this morning are in the code right now; the exact wording, with the exception of the two words "without charge."

Senator SYMINGTON. Let me be sure I understand. Could you raise the salaries $1,000 to handle this problem by executive action at the Military Academy with the approval of the President?

Colonel ROCKWELL. No, sir; not without the concurrence of the Civil Service Commission.

Senator SYMINGTON. If the Civil Service Commission approves, then could you do that?

Colonel ROCKWELL. Yes, sir; I believe we could. I would have to confirm it.

Senator SYMINGTON. Why don't you try it out?

Colonel ROCKWELL. Basically, sir, the very direct answer is we feel that the law is there now to be used in the exact words that we would like it to be used. We have just been told that it is no longer appropriate, by the Comptroller General.

Senator SYMINGTON. I won't pursue it, but if I were you, I would have somebody talk to the head of the Civil Service Commission.

One other point. You say that you can't get anybody but civilians to teach in tactics?

Colonel RockWELL. No, sir; this is not tactics, sir, in that sense. This is the overall Office of Physical Education, which is within the Department of Tactics. The Department of Tactics, also has tactical instructors who are military.

Senator SYMINGTON. Yes.

Colonel RocKWELL. All the people we are talking about here in the Physical Education Office are PE specialists.

Senator CANNON. Coaches?
Colonel ROCKWELL. No, sir; not coaches at all.
Senator SYMINGTON. I have no further questions.
Chairman RUSSELL. Senator Cannon.
Senator CANNON. No questions.
Chairman RUSSELL. Senator Inouye.

Senator INOUYE. Mr. Chairman. What is the situation in the other service academies? What is the situation there? Are they civilians?

Colonel ROCKWELL. There are some; yes, sir. However, at the Air Force Academy there is no provision in the law for an organist or civilian professors. The Naval Academy is specifically excluded from the Classification Act, so that the personnel there are not under civil service in the sense that our people are. They were excluded by the Classification Act, and our view was that we were already protected by the law. Now the Comptroller General has said the law is no longer appropriate, so maybe at the time in 1949 when the Classification Act was passed, we should have asked to be excluded also.

Senator INOUYE. What you are trying to tell me is that the organist, the choirmaster, and physical education directors at the Naval and Air Force Academies are civilians?

Colonel ROCKWELL. That is correct for the Naval Academy.
Senator INOUYE. And they receive quarters?

C'olonel RockWELL. No, sir. We have two separate situations. The Naval Academy is entirel v separate from the other two academies, because they were specifically excluded in the Classification Act, which gave rise to this question--they were specifically excluded from that act. The Air Force and military academies have no similar laws in the Code, with respect to the organist and civilian professors. They have no civilian instructors at the Air Force Academy in the sense that we do. The Naval Academy has them, but they are under an entirely different set of excluded employments.

Senator INOUYE. The Air Force Acedemy has military officersthroughout.

Colonel ROCKWELL. Instructors, not the organist. The organist is a civilian.

Senator INOUYE. Thank you very much.

Senator SALTONSTALL. Mr. Chairman, may I ask one more question?

Chairman RUSSELL. Yes, indeed.
Senator SALTONSTALL. (Off the record.)

Chairman RUSSELL. I don't know that there is anything here to be highly classified, Senator.

(Off the record.)

Chairman RUSSELL. Colonel, you state that at the Air Force Academy it is entirely military personnel.

Colonel ROCKWELL. To the best of my knowledge the Air Force Academy has no civilian personnel as we have at the Military Academy.

Chairman RUSSELL. But the Navy does, doesn't it.
Colonel RockWELL. Yes, sir.
Chairman RUSSELL. Why aren't they affected by this?

Colonel ROCKWELL. Because they were excluded. When the Classification Act was passed in 1949, they were excluded from that Act. The Secretary of the Navy has the authority to set the wages of those civilian personnel who are part of the Naval Academy faculty.

Chairman RUSSELL. The Navy was a little more on the ball when the bill went by than the Army, wasn't it?

Colonel ROCKWELL. No, sir, because we had the law already there. We thought we were in business. Now, subsequent to that time, the Comptroller General says we are outdated, so in retrospect we should have gotten on the bandwagon.

Chairman RUSSELL. There being no more questions, Colonel, we thank you, sir.

Colonel ROCKWELL. Yes, sir.

Chairman RUSSELL. The committee will now go into executive session.

(Whereupon, at 12:03 p.m., the committee went into executive session.)

(In executive session on October 18, 1966, the committee voted to report H.R. 7973, with an amendment, as covered by S. Rept. 1878.)

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