Department of Defense Appropriation Authorization Act

(Conference report filed in House, H. Rept. 95-1402)

Department of Defense Appropriation Authorization Act - =Title I: Procurement= - Authorizes appropriations for fiscal year 1979 for the procurement by the armed forces of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons.

=Title II: Research, Development, Test, and Evaluation= - Authorizes appropriations for fiscal year 1979 for the use of the armed forces for research, development, test and evaluation purposes.

Amends the Department of Defense Appropriation Authorization Act of 1978 to repeal the requirement that at least one member country of the North Atlantic Treaty Organization enter into a contract for the purchase of AWACS aircraft before specified sums appropriated may be obligated.

Prohibits funds authorized to be appropriated by this Act from being obligated or expended in connection with the continued advanced development of the extremely low frequency (ELF) communications system unless the President certifies to the Congress in writing that the use of funds for such purpose is in the national interest, that a site has been selected for the deployment of such system, and that the President has approved such site. Stipulates that no funds authorized to be appropriated shall be used for full scale development or construction of another test-bed facility for an ELF communication system.

Directs the Secretary of Defense to report to the Armed Services Committees of the House and Senate no later than September 30, 1978, the decision of the executive branch regarding full scale development of a land-based intercontinental ballistic missile system or, if no decision has been made by that time, when a final decision on the system is expected.

=Title III: Active Forces= - Establishes authorized end strength levels for active duty personnel for each of the armed forces for fiscal year 1979.

=Title IV: Reserve Forces= - Sets forth the minimum average strength levels for the reserve components of each of the armed forces for fiscal year 1979.

Outlines the authorized incentives, assistance, and bonuses for recruiting and retention in the Selected Reserves.

Requires certain members of the Ready Reserve of the Coast Guard when it is not operating as a service in the Navy, to notify the Secretary of Defense of any change of such member's status.

=Title V: Civilian Personnel= - Sets forth the authorized end strength level for civilian personnel within the Department of Defense for fiscal year 1979.

=Title VI: Military Training Student Loads= - Sets forth the authorized average military training student load for each of the armed forces for fiscal year 1979.

=Title VII: Civil Defense= - Authorizes appropriations for fiscal year 1979 to carry out the provisions of the Federal Civil Defense Act of 1950 for programs of the Defense Civil Preparedness Agency.

Allots a specified sum from the authorized appropriations for a study of the defense needs of areas which contain significant elements of the United States' strategic nuclear retaliatory forces or defense-related research laboratories or facilities.

=Title VIII: General Provisions= - Extends existing authority until September 30, 1980, to provide special pay and bonuses to health professionals.

Provides that the re-enlistment and enlistment bonuses for critical skills in effect at the time an enlisted member agrees to retrain in the skill may be paid upon completion of training and qualification in that skill even if that skill is no longer designated as critical. Extends until September 30, 1980, financial assistance to officer candidates under the Marine Corps Platoon, Leaders Class program.

Sets forth separate special pay provisions for enlisted members of the uniformed services on sea duty.

Revises the organizational structure of the Army dental activity and Air Force dental activity.

Provides for the payment of a charge for physician services for which a claim is submitted under the CHAMPUS contracted plan up to the 90th percentile of the customary charges made for similar services in the same locality during the last preceding calendar year. Requires that fee schedules be updated every 12 months.

Makes the Commandant of the Marine Corps a member of the Joint Chiefs of Staff.

Prohibits women members of the Navy from being assigned to duty on vessels or aircraft on combat missions. Permits women to be assigned to temporary duty on vessels other than those engaged in combat and to permanent duty on hospital ships and transports, and vessels of a similar classification.

Requires military colleges to make military training available to qualified undergraduate female students. States that such training shall not be compulsory.

Declares a policy for the modernization of the United States Navy.

Requires the President to include in all requests made to the Congress for the authorization of any ship for the combatant forces specified information including survivability, and cost effectiveness of such ship and whether such ship should be nuclear powered.

Repeals Title VIII (Nuclear Powered Navy) of the Department of Defense Appropriations Authorization Act, 1975, which among other provisions, requires that major combatant vessels for the strike force of the Navy be nuclear powered.

Prohibits the Navy, with certain exceptions, from taking action under the Service Life Extension Program (SLEP) or the program for modernizing DDG-2 class guided missile destroyers until: (1) the Secretary of the Navy has conducted and submitted to Congress a comprehensive study assessing the relative advantages of private shipyards and public shipyards, respectively, in carrying out the programs; and (2) the expiration of at least 60 days of continuous sessions of Congress following submission of the report.

Allows the balance of authorized funds for fiscal year 1978 to be available for design work for sea-based aircraft platforms.

Requires that a company engaged in Defense business, as represented by its senior official, certify any claim against the United States. Includes any civil servant submitting a personal claim against the government in such requirement of certification of accurate, complete, and current information.

Directs the Secretary of Defense to report to the House and Senate Committees on Armed Services regarding any change in policy and regulation concerning the restriction on contracting out commercial and industrial type functions.

Prohibits the sale of certain defense articles from the stocks of the Department of Defense. Allows the President to authorize the sale of such articles under specified circumstances. States that the transfer or sale of equipment to other members of NATO is not precluded by such prohibition.

Provides logistical assistance by the Department of Defense for the XIII Olymipc winter games at Lake Placid, New York.

Prohibits the use of funds authorized to the Department of Defense to be used for base realignment in the Panama Canal Zone unless it is necessary to defend the Panama Canal or with legislation which may be enacted to implement the Panama Canal Treaties of 1977.

Stipulates that individuals who work in commissaries as bagger-carryout personnel shall not be considered employees of a nonappropriated fund instrumentality for purposes of the Fair Labor Standards Act of 1938.