Volume 92 · 1611
Public Law 95–485
To authorize appropriations for fiscal year 1979 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons and for research, development, test and evaluation for the Armed Forces, to prescribe the authorized personnel strength for each active duty component and the Selected Reserve of each Reserve component of the Armed Forces and for civilian personnel of the Department of Defense, to authorize the military training student loads, to authorize appropriations for civil defense, and for other purposes.
Approved October 20, 1978
Statutory text
An Act
To authorize appropriations for fiscal year 1979 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons and for research, development, test and evaluation for the Armed Forces, to prescribe the authorized personnel strength for each active duty component and the Selected Reserve of each Reserve component of the Armed Forces and for civilian personnel of the Department of Defense, to authorize the military training student loads, to authorize appropriations for civil defense, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be
Department of Defense Appropriation Authorization Act, 1979.
cited as the “Department of Defense Appropriation Authorization Act, 1979”.
TITLE I— PROCUREMENT
Sec. 101.
Funds are hereby authorized to be appropriated for fiscal year 1979 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons, as authorized by law, in amounts as follows:
aircraft For aircraft: for the Army, $972,400,000; for the Navy and Marine Corps, $4,381,100,000; for the Air Force, $7,028,200,000.
missiles For missiles: for the Army, $738,100,000; for the Navy, $1,583,700,000; for the Marine Corps, $23,100,000; for the Air Force, $1,626,500,000.
naval vessels For naval vessels: for the Navy, $4,470,500,000.
tracked combat vehicles For tracked combat vehicles: for the Army, $1,419,400,000; for the Marine Corps, $24,300,000.
torpedoes For torpedoes and related support equipment: for the Navy, $366,800,000.
other weapons For other weapons: for the Army, $109,000,000; for the Navy, $102,000,000; for the Marine Corps, $30,200,000; for the Air Force, $300,000.
TITLE II— RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 201.
Funds are hereby authorized to be appropriated for fiscal year 1979 for the use of the Armed Forces of the United States for research, development, test, and evaluation, as authorized by law, in amounts as follows: For the Army, $2,661,701,000. For the Navy (including the Marine Corps), $4,504,268,000. For the, Air Force, $4,164,500,000, of which $10,000,000 may be obligated and expended only for the North Atlantic Treaty Organization Airborne Warning and Control System (AWACS) program, but such $10,000,000 may not be obligated or expended until at least one member country of the North Atlantic Treaty Organization (other than the United States) enters into a contract to purchase the AWACS aircraft. For the Defense Agencies, $933,400,000, of which $27,600,000 is authorized for the activities of the Director of Test and Evaluation, Defense.
Sec. 202. extremely low frequency (elf) communication system
None of the funds authorized to be appropriated by this Act for the development of the Extremely Low Frequency (ELF) communication system may be obligated or expended for the development of such 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 for the deployment of such system, and in no event may any of the funds authorized to be appropriated by this Act be used for full scale development or construction of another test-bed facility for an Extremely Low Frequency (ELF) communication system.
Sec. 203. report relating to development of survivable land-based intercontinental ballistic missile system
The Secretary of Defense shall, not later than October 31, 1978, report to the Committees on Armed Services of the Senate and the House of Representatives the decision of the executive branch regarding full scale development of a survivable land-based intercontinental ballistic missile system. In the event that no final decision regarding such matter has been reached by the executive branch by such date, the Secretary of Defense shall—
notify such committees on or before such date that no final decision has been reached and the reasons why such decision has not been made;
inform such committees of the technical, political, or other considerations necessitating a delay in making such decision;
indicate the date the Secretary believes a final decision will have been made with respect to such matter; and
submit a report to such committees once overy 30 days on the status of the decision on such matter (including in each such report, information relating to the matters contained in clauses (2) and (3) of this section) until a final decision by the executive branch has been made and such committees have been informed of such decision.
Sec. 204. repeal of fiscal year 1978 awacs restriction
Section 201 of the Department of Defense Appropriation Authorization Act, 1978 (Public Law 95–79, 91 Stat. 323), is amended by striking out “, but such $15,700,000 may not be obligated or expended until at least one member country of the North Atlantic Treaty Organization (other than the United States) enters into a contract to purchase the AWACS aircraft”.
TITLE III— ACTIVE FORCES
Sec. 301.
For fiscal year 1979, each component of the Armed Forces is authorized an end strength for active duty personnel as follows:
The Army, 775,800.
The Navy, 523,550.
The Marine Corps, 190,000.
The Air Force, 566,400.
TITLE IV— RESERVE FORCES
Sec. 401.
For fiscal year 1979, the Selected Reserve of each Reserve Component of the Armed Forces shall be programmed to attain an average strength of not less than the following:
The Army National Guard of the United States, 362,200.
The Army Reserve, 195,750.
The Naval Reserve, 87,000.
The Marine Corps Reserve, 33,000.
The Air National Guard of the United States, 92,150.
The Air Force Reserve, 53,075.
The Coast Guard Reserve, 11,700.
The average strength prescribed by subsection (a) of this
Reduction.
section for the Selected Reserve of any Reserve component shall be proportionately reduced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at any time during the fiscal year, and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at any time during the fiscal year. Whenever such units or such individual members are released from active duty during any fiscal year, the average strength prescribed for such fiscal year for the Selected Reserve of such Reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members.
Sec. 402. educational assistance program for enlisted reserves
Section 2132(b)(1) of title 10, United States Code, relating to eligibility for educational assistance, is amended—
by striking out “automatically extended by two years” and inserting in lieu thereof “not less than six years”; and
by striking out “eighth anniversary” and inserting in lieu thereof “last day of the term”.
Section 2135 of title 10, United States Code, is amended by striking out “1978” and inserting in lieu thereof “1980”.
Sec. 403. reenlistment bonus for members of selected reserve
Subsection (a) of section 308b of title 37, United States Code, relating to reenlistment bonuses for members of the Selected Reserve, is amended to read as follows:
“(a) An enlisted member of a reserve component who—
“(1) has completed less than ten years of total military services; and
“(2) reenlists or voluntarily extends his enlistment for a period of three years or for a period of six years in a designated military skill, or in a designated unit, as determined by the Secretary concerned, in the Selected Reserve of the Ready Reserve of an armed force;
may be paid a bonus as provided insubsection (b).”.
Subsection (b) of such section is amended by inserting “an amount not to exceed” before “$450”, before “$900”, and before “$150”.
Subsection (g) of such section is amended by striking out “1978” and inserting in lieu thereof “1980”.
Sec. 404. bonus for enlistment in the selected reserve
Chapter 5 of title 37, United States Code, is amended by inserting after section 308b the following new section:
Ҥ 308c. Special pay: bonus for enlistment in the Selected Reserve
“(a) Any person who, after September 30, 1978, enlists in the Selected Reserve of the Ready Reserve of an armed force for a term of enlistment of not less than six years, is a graduate of a secondary school, and has never previously served in an armed force may be paid a bonus as provided in subsection (b).
“(b) The amount and method of payment of a bonus to be paid under subsection (a) shall be determined in accordance with regulations prescribed under subsection (c), except that the amount of such bonus may not exceed $2,000 and—
“(1) one-half of the bonus shall be paid upon completion of the initial active duty for training of such person; and
“(2) the remainder of the bonus may be paid in periodic installments or in a lump sum, as determined by the Secretary concerned.
“(c) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Transportation for the Coast Guard when it is not operating as a service in the Navy.
“(d) A member who fails to participate satisfactorily in training with his unit during a term of enlistment for which a bonus has been paid to him under this section shall refund an amount which bears the same ratio to the amount of the bonus which has been paid to him as the unexpired part of such term of enlistment bears to the total length of such term of enlistment.
“(e) The Secretary of defense shall submit a report to the Congress every three months stating the number of members of the Selected Reserve of the Ready Reserve who at the time of such report are serving a term of enlistment for which a bonus has been paid under this section and listing each unit of the Selected Reserve of the Ready Reserve to which any such member is assigned at the time of such report. The first such report shall be made not later than December 31, 1978.
“(f) No bonus may be paid under this section to any enlisted member who, after September 30, 1980, enlists in the Selected Reserve of the Ready Reserve of an armed force.”.
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 308b the following new item:
Sec. 405. restriction on transfer from ready reserve to standby reserve
Section 269 of title 10, United States Code, relating to transfers from the Ready Reserve, is amended—
by striking out “eligible to transfer” in subsection (a) and inserting in lieu thereof “transferred”;
by striking out the colon at the end of the third sentence in subsection (d) and inserting in lieu thereof a period;
by striking out subsection (e) and inserting in lieu thereof the following:
“(e) Subject to subsection (g) and under regulations prescribed by the Secretary of Defense, and by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, a member in the Ready Reserve may be transferred to the Standby Reserve.”; and
by striking out subsection (f) and inserting in lieu thereof the following:
“(f) A Reserve who is qualified and so requests may be transferred to the Retired Reserve under regulations prescribed by the Secretary concerned and, in the case of the Secretary of a military department, approved by the Secretary of Defense.”.
The amendments made by paragraph (1) shall not apply with
respect to a member of the Ready Reserve of an Armed Force who served on active duty (other than for training) before the date of the enactment of this Act.
Section 271 of such title, relating to continuous screening of the Ready Reserve, is amended—
by inserting “(a)” before “Under regulations”;
by striking out “significance” in clause (1) and inserting in lieu thereof “significant”; and
by adding at the end thereof the following new subsection:
Regulations.
“(b) Under regulations to be prescribed by the Secretary of Defense, and by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, any member of the Ready Reserve who is designated as a member not to be retained in the Ready Reserve as a result of screening under subsection (a) shall, as appropriate, be transferred to the Standby Reserve, discharged, or, if such member is eligible and applies therefor, transferred to the Retired Reserve.”.
Section 511(b) of such title, relating to terms of enlistments
Enlistment terms.
in Reserve components, is amended—
in the first sentence—
by striking out “the Secretary concerned” and inserting in lieu thereof “the Secretary of Defense, and by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy”; and
by striking out “sections 451–473 of title 50, appendix” and inserting in lieu thereof “the Military Selective Service Act (50 U.S.C. App. 451–473)”; and
in the second sentence—
by inserting “not less than” in clause (1) before “two years” and by adding “and” at the end of such clause;
by striking out clause (2); and
by redesignating clause (3) as clause (2) and striking out “Standby Reserve” in such clause and inserting in lieu thereof “Ready Reserve”.
The amendments made by paragraph (1) shall not apply with respect to a person who enlisted as a Reserve for service in the Armed Forces under section 511(b) of title 10, United States Code, before the date of the enactment of this Act.
Chapter 37 of such title, relating to general service requirements, is amended by adding after section 651 the following new section:
Ҥ 652. Ready Reserves: requirement of notification of change of status
“Under regulations to be prescribed by the Secretary of Defense, and by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, each member of the Ready Reserve who is not a member of the Selected Reserve shall notify the Secretary concerned of any change in such member’s address, marital status, number of dependents, or civilian employment and of any change in such member’s physical condition which would prevent him from meeting the physical or mental standards prescribed for his armed force.”.
The table of sections at the beginning of such chapter is amended by adding after the item relating to section 651 the following new item:
Sec. 406. repeal of requirement for annual report on reserve forces
Section 264 of title 10, United States Code, is amended by striking out subsection (c).
Section 279 of such title is repealed.
The table of sections at the beginning of chapter 11 of such title is amended by striking out the item relating to section 279.
TITLE V— CIVILIAN PERSONNEL
Sec. 501.
For fiscal year 1979, the Department of Defense is authorized an end strength for civilian personnel of 1,005,500.
The end strength for civilian personnel prescribed in subsection (a) of this section shall be apportioned among the Department of the Army, the Department of the Navy (including the Marine Corps), the Department of the Air Force, and the agencies of the Department of Defense (other than the military departments) in such numbers as
Report to Congress.
the Secretary of Defense shall prescribe. The Secretary of Defense shall report to the Congress within sixty days after the date of the enactment of this Act on the manner in which the initial allocation of civilian personnel is made among the military departments and the agencies of the Department of Defense (other than the military departments) and shall include the rationale for each allocation.
In computing the authorized end strength for civilian personnel there shall be included all direct-hire and indirect-hire civilian personnel employed to perform military functions administered by the Department of Defense (other than those performed by the National Security Agency), whether employed on a full-time, part-time, or intermittent basis, but excluding special employment categories for students and disadvantaged youth such as the stay-in-school campaign, the temporary summer aid program and the Federal junior fellowship program and personnel participating in the worker-trainee opportunity program. Whenever a function, power, or duty, or activity is transferred or assigned to a department or agency of the Department of Defense from a department or agency outside of the Department of Defense, or from another department or agency within the Department of Defense, the civilian personnel end strength authorized for such departments or agencies of the Department of Defense affected shall be adjusted to reflect any increases or decreases in civilian personnel required as a result of such transfer or assignment.
When the Secretary of Defense determines that such action is
Personnel increase, limitation.
necessary in the national interest, he may authorize the employment of civilian personnel in excess of the number authorized in subsection (a) of this section, but such additional number may not exceed 1¼ percent of the total number of civilian personnel authorized for the Department of Defense by subsection (a) of this section. The Secretary
Notification to Congress.
of Defense shall promptly notify the Congress of any authorization to increase civilian personnel strength under the authority of this subsection.
TITLE VI— MILITARY TRAINING STUDENT LOADS
Sec. 601.
For fiscal year 1979. each component of the Armed Forces is authorized an average military training student load as follows:
The Army, 50,738.
The Navy, 57,996.
The Marine Corps, 21,324.
The Air Force, 44,410.
The Army National Guard of the United States, 11,793.
The Army Reserve, 5,959.
The Naval Reserve, 991.
The Marine Corps Reserve, 3,074.
The Air National Guard of the United States, 2,471.
The Air Force Reserve, 1,184.
In addition to the number authorized for the Army in subsection (a), the Army is authorized a military training student load for fiscal year 1979 of not less than 17,205 to be utilized solely for One Station Unit Training.
The average military training student loads for the Army,
Apportionment adjustment.
the Navy, the Marine Corps, and the Air Force and the Reserve components authorized in subsection (a) of this section for fiscal year 1979 shall be adjusted consistent with the manpower strengths authorized in titles III, IV, and V of this Act. 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.
Sec. 602. reduction or realignment of the training base
Notwithstanding any other provision of law, no action
may be taken to effect or implement any substantial reduction of the training base (as defined in subsection (c)) or any substantial force structure realignment of the training base planned as a part of the fiscal year 1979 Defense manpower program unless and until the provisions of subsection (b) are complied with.
No action described in subsection (a) with respect to a substantial reduction or realignment of the training base may be taken unless and until—
the Secretary of Defense or the Secretary of the military department concerned notifies the Committee on Armed Services and Appropriations of the Senate and House of Representatives in writing of the specific reduction or realignment proposed;
the Secretary of Defense or the Secretary of the military department concerned certifies that such reduction or realignment is in the best interest of the national security and provides for the most cost effective and efficient management of the training base, both in time of peace and in ability to meet mobilization requirements; and
a period of thirty legislative days expires following the date on which the notification and certification referred to in clauses (1) and (2) have been submitted to such committees, during which period no irrevocable action may be taken to effect or implement such reduction or realignment.
For the purpose of clause (3), a legislative day is a day in which either House of Congress is in session.
For the purposes of this section, the term “training base” means the composite of installations, posts, camps, stations, and bases that have as a primary or secondary mission the conduct of formal entry level, advanced individual, or specialty training.
TITLE VII— CIVIL DEFENSE
Sec. 701. authorization for defense civil preparedness agency
There is hereby authorized to be appropriated for the programs of the Defense Civil Preparedness Agency for fiscal year 1979 for the purpose of carrying out the provisions of the Federal Civil
Defense Act of 1950 the sum of $96,500,000.
Sec. 702. civil defense study
From the funds authorized to be appropriated pursuant to section 701 of this Act, the sum of $200,000 shall be used tor a study of the special defense needs of areas of the United States which contain significant elements of the United States strategic nuclear retaliatory forces or significant defense-related research laboratories or facilities.
The study provided for in subsection (a) shall include the following:
An identification of areas of the United States which, because they contain significant elements of the United States strategic nuclear retaliatory forces or significant defense-related research laboratories or facilities, are prime targets in case of a nuclear attack.
A determination of what civil defense evacuation and shelter plans and warning systems are now available or are proposed to be made available to such areas.
An evaluation of the effectiveness of such existing evacuation and shelter plans and warning systems.
A determination of the feasibility of establishing more effective evacuation and shelter plans and warning systems for such areas and a determination of the potential costs and methods of financing such plans and systems.
A detailed analysis of the specific effects of a nuclear attack on each such area.
A determination of the need for educating, and the most effective methods of educating, the public in such areas on civil defense matters.
The study required by this section shall be completed, and copies
Copies, filing with congressional committees.
shall be filed with the Committees on Armed Services of the Senate and House of Representatives, before April 1, 1979.
TITLE VIII— GENERAL PROVISIONS
Sec. 801. extension of authority for special pay for health professionals
The second sentence of section 2 of the Act entitled “An Act to amend chapter 5 of title 37, United States Code, to revise the special pay structure relating to medical officers of the uniformed services”, approved May 6, 1974 (88 Stat. 96; 37 U.S.C. 302 note), is amended to read as follows: “The authority for the special pay provided by the amendments made by the first section of this Act shall expire on September 30, 1980.”.
Sections 302a(c) and 303(c) of title 37, United States Code, are each amended by striking out “September 1978” and inserting in lieu thereof “September 1980”.
Sec. 802. authority for enlistment and reenlistment bonuses
Section 308(a) of title 37, United States Code, is amended—
by inserting “(1)” after “(a)” and by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D),respectively;
by striking out “designated as having a critical military skill” in paragraph (1)(B) (as redesignated by subparagraph (A)) and inserting in lieu thereof “qualified in a military skill designated as critical”; and
by adding at the end thereof the following new paragraph:
“(2) Notwithstanding paragraph (1)(B) of this subsection, a member who agrees to train and reenlist for service in a military skill which, at the time of that agreement, is designated as critical, may be paid the bonus approved for that skill, at the rate in effect at the time of agreement, upon completion of training and qualification in that skill, if otherwise qualified under this subsection and even if that skill is no longer designated as critical at the time the member becomes eligible for payment of the bonus.”.
The amendments made by paragraph (1) shall take effect on
Effective date.
October 1, 1978.
Sections 308(f) and 308a(c) of title 37. United States Code, are each amended by striking out “September 30, 1978” and inserting in lieu thereof “September 30, 1980”.
Sec. 803. extension of authority for subsistence allowance for marine corps platoon leader classes
The Act entitled “An Act to provide subsistence allowances for members of the Marine Corps officer candidate programs”, approved November 24, 1971 (85 Stat. 491; 37 U.S.C. 209 note), is amended by striking out “September 30, 1978” and inserting in lieu thereof “September 30, 1980”.
Sec. 804. career sea pay
Effective October 1, 1978, chapter 5 of title 37, United States Code, relating to special and incentive pays, is amended by inserting after section 305 the following new section:
Ҥ 305a.
Special pay: career sea pay
“(a) Under regulations prescribed by the President, an enlisted member of a uniformed service who is entitled to basic pay and who (1) is in pay grade E-4 or above, and (2) has served more than three years of sea duty, is also entitled, while on sea duty, to special pay at the applicable rate under subsection (b).
“(b) (1) For sea duty performed during fiscal year 1979 or 1980, the monthly rates for special pay under subsection (a) are as follows:
“Years of sea duty: Monthly rate Over 3 $25 Over 5 35 Over 12 55 “(2) For sea duty performed during fiscal year 1981, the monthly rates for special pay under subsection (a) are as follows:
“Years of sea duty: Monthly rate Over 3 $25 Over 5 35 Over 7 45 Over 12 55“.
Effective October 1, 1981, subsection (b) of section 305a of title 37, United States Code (as added by paragraph (1)), is amended to read as follows:
“(b) The monthly rates for special pay under subsection (a) are as follows:
“Years of sea duty: Monthly rate Over 3 $25 Over 5 35 Over 7 45 Over 9 55 Over 10 65 Over 11 75 Over 12 100”
In determining the amount of sea duty to be credited to an enlisted member of a uniformed service for purposes of section 305a of title 37, United States Code (as added by paragraph (1)), the Secretary concerned shall credit such member with all periods of service by such member before October 1, 1978, during which such member served in a sea duty status.
Section 305 of such chapter is amended—
by striking out all of subsection (a) that precedes the table therein and inserting in lieu thereof the following:
“(a) Except as provided by subsections (b) and (c) of this section, under regulations prescribed by the President, an enlisted member of a uniformed service who is entitled to basic pay may, while on duty at a designated place outside the 48 contiguous States and the District of Columbia, be paid special pay at the following monthly rates:”;
by adding at the end thereof the following new subsection:
“(c) A member receiving special pay under section 305a of this title
Ante, p. 1620.
may not be paid special pay under this section for the same period of service.”; and
by striking out “sea duty or” in the section heading.
The table of sections at the beginning of such chapter is amended—
by striking out “sea duty or” in the item relating to section 305; and
by inserting after such item the following new item:
The amendments made by this subsection shall take effect on
Effective date.
October 1, 1978.
Any individual who on September 30, 1978, is an enlisted member
of a uniformed service shall be eligible to receive special pay under section 305(a)(1) of title 37, United States Code, as in effect on September 30, 1978, for any period of sea duty performed by such individual during the period beginning on October 1, 1978, and ending on September 30, 1981. for which such individual does not receive special pay under section 305a of such title (as added by subsection (a)).
Sec. 805. chief of army dental corps; air force assistant surgeon general for dental services
Section 3040(b) of title 10, United States Code, is
Recommendations.
amended by inserting after the first sentence thereof the following new sentence: “The Assistant Surgeon General is Chief of the Dental Corps and is responsible for making recommendations to the Surgeon General and through the Surgeon General to the Chief of Staff on all matters concerning dentistry and the dental health of the Army.”.
Chapter 307 of title 10, United States Code, is amended by adding at the end thereof the following new section:
Ҥ 3081. Dental Corps: Chief, functions
“(a) The Chief of the Dental Corps shall be an officer of that corps appointed as prescribed in section 3040 of this title.
“(b) Under such regulations as the Secretary of the Army may
Regulations.
prescribe, all dental functions of the Army shall be under the direction of the Chief of the Dental Corps. All matters relating to dentistry shall be referred to the Chief of the Dental Corps.
“(c) The Chief of the Dental Corps shall—
“(1) establish professional standards and policies for dental practice;
“(2) initiate and recommend action pertaining to organization requirements and utilization of the Dental Corps and dental auxiliary strength, appointments, advancement, training assignments, anti transfer of dental personnel; and
“(3) serve as the adviser to the Office of the Surgeon General on all matters relating directly to dentistry.
“(d) Under such regulations as the Secretary of the Army may
Regulations.
prescribe, dental and dental auxiliary personnel throughout the Armyshall be organized into units commanded by a designated Dental Corps Officer. Such officer will be directly responsible to the commander of installations, organizations, and activities for all professional and technical matters and such administrative matters as may be prescribed by regulation.”.
The table of sections at the beginning of chapter 307 of title 10, United States Code, is amended by adding at the end thereof the following new item:
Chapter 807 of title 10, United States Code, is amended by adding at the end thereof the following new section:
Ҥ 8081. Assistant Surgeon General for Dental Services
“There is an Assistant Surgeon General for Dental Services in the Air Force who is appointed by the Secretary of the Air Force upon the recommendation of the Surgeon General from officers of the Air Force above the grade of major who are designated as dental officers under section 8067(b) of this title. The term of office of the Assistant Surgeon General for Dental Services is four years but may be increased or decreased by the Secretary of the Air Force.”.
The table of sections at the beginning of chapter 807 of title 10, United States Code, is amended by adding at the end thereof the following new item:
Sec. 806. ceiling for payments to physicians under champus
Section 1079 of title 10, United States Code, is amended by adding at the end thereof the following new subsection:
“(h) Payment of a charge for physician services for which a claim is submitted under a plan contracted for under subsection (a) may be denied because the charge is in excess of a predetermined charge level based upon customary charges made for similar services in the same locality only to the extent that such charge is in excess of the charge level that, on the basis of statistical data and methodology acceptable to the Secretary of Defense, in consultation with the Secretary of Health, Education, and Welfare, is equivalent to the 90th percentile of the customary charges made for similar services in the same locality during the last preceding calendar year elapsing before the start of the twelve-month period (beginning July 1 of each year) in which the claim for the payment is submitted.”.
Section 1086 of such title is amended by adding at the end thereof the following new subsection:
Supra.
“(f) The provisions of section 1079(h) of this title shall apply to payments for physician services under a plan contracted for under subsection (a).”.
The amendments made by subsection (a) shall apply with respect to claims submitted for payment for services provided on or after the first day of the first calendar year beginning after the date of enactment of this Act.
Sec. 807. marine corps commandant—member of joint chiefs of staff
Section 141 of title 10, United States Code, is amended by—
striking out “and” at the end of subsection (a)(3);
striking out the period at the end of subsection (a)(4) and inserting in lieu thereof a semicolon and the word “and”:
adding after subsection (a)(4) a new clause (5) as follows:
“(5) the Commandant of the Marine Corps.”;
striking out subsection (c); and
redesignating subsections (d) and (e) as subsections (c) and (d), respectively.
Sec. 808. assignment of women to naval vessels
The last sentence of section 6015 of title 10, United States Code, relating to restrictions on the assignment of women members of the Navy, is amended to read as follows: “However, women may not be assigned to duty on vessels or in aircraft that are engaged in combat missions nor may they be assigned to other than temporary duty on vessels of the Navy except hospital ships, transports, and vessels of a similar classification not expected to be assigned combat missions.”.
Sec. 809. military training for female undergraduates at military colleges
The Secretary of Defense shall require that any college
or university designated by the Secretary of Defense as a military college shall, as a condition of maintaining such designation, provide that qualified female undergraduate students enrolled in such college or university be eligible to participate in military training at such college or university, but, notwithstanding any other provision of law, the Secretary of Defense may not require that, as a condition of maintaining such designation or for any other purpose, such college or university require female undergraduate students enrolled in such college or university to participate in military training.
The Secretary of Defense shall prescribe such regulations as the
Regulations.
Secretary determines necessary or appropriate to carry out the provisions of this section.
Sec. 810. navy shipbuilding policy
It is the policy of the United States to modernize the
combatant forces of the United States Navy through the construction of advanced, versatile, survivable, and cost-effective combatant ships in sufficient numbers and having sufficient combat effectiveness to defend the United States against enemy attack and to carry out such other missions as may be assigned to the Navy by law. In order to
Plans and programs.
achieve such policy, the Navy should develop plans and programs for the construction and deployment of weapon systems, including naval aviation platforms, that are more survivable, less costly, and more effective than those presently in the Navy.
In order that the Congress may be kept currently informed
Presidential conclusions and recommendations.
regarding compliance with the policy expressed in subsection (a), the President shall include in all requests made to the Congress for the authorization of any ship for the combatant forces, including any aircraft carrier, (1) his conclusions with respect to the survivability, cost effectiveness, and combat effectiveness of such ship, (2) a recommendation whether such ship should be nuclear or conventionally powered, and (3) the reasons for such conclusions and recommendations.
Title VIII of the Department of Defense Appropriation
Repeal.
Authorization Act, 1975 (88 Stat. 408), is repealed.
Sec. 811. carrier service life extension program and ddg-2 destroyer conversion
Notwithstanding any other provision of law and except as provided in subsection (b), the Secretary of the Navy may not take any action with respect to the use of either public shipyards or private shipyards for conversion, overhaul, or repair work under the Service Life Extension Program (SLEP) or under the program for the modernization of DDG-2 class guided missile destroyers, or for the employment of additional personnel for, or the transfer of additional personnel to, any public shipyard as a part of the necessary buildup of manpower for carrying out either such program, until—
the Secretary of the Navy conducts a comprehensive least-cost approach study (A) comparing the costs of carrying out such programs at public shipyards with the costs of carrying out such programs at private shipyards, and (B) evaluating such other factors as the Secretary of the Navy considers should be taken into account in assigning work in connection with the conversion, overhaul, repair, or modernization of vessels to public or private shipyards;
a written report containing the results of such study is submitted, after the date of the enactment of this Act, to the Committees on Armed Services and on Appropriations of the Senate and the House of Representatives; and
a period of sixty days of continuous session of congress expires following the date, on which such report is submitted to such committees.
Nothing in this section shall prevent the Navy from conducting advanced planning or purchasing long lead items in connection with either program described in subsection (a) so long as such planning or purchasing is not related to the performance of work in connection with either such program at any particular shipyard.
For purposes of subsection (a)(3), the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of such sixty-day period.
Sec. 812. sea-based aircraft platform study funds
The unobligated balance of $40,000,000 authorized to be appropriated in section 201 of the Department of Defense Appropriation Authorization Act, 1978 (Public Law 95–79; 91 Stat. 323), for conducting comprehensive evaluation studies of sea-based aircraft platforms shall after the date of the enactment of this Act be available and primarily applied toward performing any design work related to any such sea-based aircraft platform authorized by this Act.
Sec. 813. certification of claims
Notwithstanding any other provision of law, none of the funds authorized to be appropriated for the Department of Defense by this or any other Act shall be used for the purpose of paying any contract claim, request for equitable adjustment to contract terms,
request for relief under Public Law 85–804, or other similar request, which exceeds $100,000 unless a senior company official in charge at the plant or location involved has certified at the time of submission of such contract claim, request for equitable adjustment to contract terms, request for relief under Public Law 85–804, or other similar
request, that such claim or request is made in good faith and that the supporting data are accurate and complete to the best of such official’s knowledge and belief. The requirements of this section shall not apply to claims, requests for equitable adjustment to contract terms, requests for relief under Public Law 85–804, or other similar requests submitted lief ore the date of enactment of this Act.
Sec. 814. restriction on contracting out commercial and industrial type functions
The Secretary of Defense shall submit a report to
Report to congressional committees.
the Committees on Armed Services of the Senate and House of Representatives providing the details of any proposed change in policy or regulations, from those in effect before June 30, 1976, regarding the determination of whether commercial or industrial type functions at Department of Defense installations located in any State, the District of Columbia, the Commonwealth of Puerto Rico, and Guam should be performed by Department of Defense personnel or by private contractors during the period beginning on October 1, 1978, and ending on September 30, 1979.
No commercial or industrial type function at any Department of Defense installation referred to in subsection (a) shall be performed by private contractors unless such contractor performance began before the date of the enactment of this Act or performance would have been allowed by the policy and regulations in effect before June 30, 1976. The prohibition in the preceding sentence shall apply until the end of the sixty-day period beginning on the date the report required by subsection (a) is received by the Committees on Armed Services of the Senate and House of Representatives.
Sec. 815. prohibition on sale of certain defense articles from department of defense stocks
Chapter 49 of title 10, United States Code, is amended by adding at the end thereof the following new section:
Ҥ 975. Prohibition on the sale of certain defense articles from the stocks of the Department of Defense
“(a) (1) Except as provided in subsections (b) and (c), the sale outside the Department of Defense of any defense article designated or otherwise classified as Prepositioned Material Configured to Unit Sets, as decrement stock, or as Prepositioned War Reserve Stocks for United States Forces is prohibited.
“(2) In this section, ‘decrement stock’ means such stock as is needed
“Decrement stock.”
to bring the armed forces from a peacetime level of readiness to a combat level of readiness.
“(b) The President may authorize the sale outside the Department of Defense of a defense article described in subsection (a) if—
“(1) he determines that there is an international crisis affecting the national security of the United States and the sale of such article is in the best interests of the United States; and
“(2) he reports to the Congress not later than 60 days after the
Report to Congress.
transfer of such article a plan for the prompt replenishment of the stocks of such article and the planned budget request to begin implementation of that plan.
“(c) (1) Nothing in this section shall preclude the sale of stocks which have been designated for replacement, substitution, or elimination or which have been designated for sale to provide funds to procure higher priority stocks.
“(2) Nothing in this section shall preclude the transfer or sale of equipment to other members of the North Atlantic Treaty Organization.”.
The table of sections at the beginning of chapter 49 of title 10, United States Code, is amended by adding at the end thereof the following new item:
Sec. 816. assistance to 1980 olympic winter games
Notwithstanding any other provision of law, the Secretary of Defense is authorized—
to provide logistical support and personnel services to the XIII Olympic winter games;
to lend and provide equipment to officials of the Lake. Placid Olympic Organizing Committee; and
to provide such other services as the Lake Placid Olympic Organizing Committee may consider necessary and the Secretary may consider advisable.
There is authorized to be appropriated to the Secretary of Defense for fiscal year 1979 an amount not to exceed $2,000,000 for the purpose of carrying out subsection (a). No funds may be obligated or expended for such purpose unless specifically appropriated for such purpose.
Sec. 817. realignment of military installations in the canal zone
None of the funds authorized to be appropriated by this Act shall be used for the realignment of any military installation in the Canal Zone unless such use is consistent with the responsibility of, and necessity for, the United States to defend the Panama Canal or with legislation which may be enacted to implement the Pamana Canal Treaties of 1977.
Sec. 818. technical amendment relating to the limitation on number of admirals and vice admirals in the navy and generals and lieutenant generals in the marine corps
The first sentence of section 5231 (b) of title 10, United States Code, is amended by striking out “the active list of the Navy” and inserting in lieu thereof “active duty”.
Section 5232(b) of such title is amended by striking out “the active list of the Marine Corps” and inserting in lieu thereof “active duty”.
Sec. 819. commissary baggers
Notwithstanding any other provision of law, an individual who performs bagger or carryout service for patrons of a commissary of a military department may not be considered to be an employee
for purposes of the Fair Labor Standards Act of 1938 by virtue of such service if the sole compensation of such individual for such service is derived from tips.
Sec. 820. abolishment of women’s army corps
Section 505 of title 10, United States Code, is amended by striking out subsection (d) and by redesignating subsection (e) as subsection (d).
Chapter 307 of such title is amended by striking out section 3071
and by striking out of the table of sections at the beginning of such chapter the item relating to section 3071.
Chapter 331 of such title is amended—
by striking out “; Women’s Army Corps” in the catchline of section 3209;
by striking out the subsection designation “(a)” at the beginning of subsection (a) of section 3209 and striking out subsection (b) of such section;
by striking out section 3215;
by striking out “and the Women’s Army Corps” in clause (1) of the third sentence of section 3220; and
by striking out in the table of sections at the beginning of such chapter “; Women’s Army Corps” in the item relating to section 3209 and by striking out the item relating to section 3215.
Chapter 335 of such title is amended—
by stinking out “, in the Women’s Army Corps,” in subsection (a) of section 3283 and by striking out “and the Women’s
Army Corps” in subsection (b) of such section;
by striking out clause (2) of section 3296(b) and redesignating
clause (3) as clause (2);
by striking out in the third sentence of section 3297(a) “a
selection board considering promotion-list officers of the Women’s Army Corps under section 3300 (a) or (b) of this title may include officers of the Regular Army in that corps whose regular or temporary grades are above major, and”;
by striking out section 3311; and
by striking out in the table of sections at the beginning of such chapter the item relating to section 3311.
Chapter 337 of such title is amended—
by striking out “and the Women’s Army Corps” and “or corps, as the case may be” in the first sentence of section 3363(g)
and by striking out “or the Women’s Army Corps” in the second sentence of such section;
by striking out “and to the Women’s Army Corps” in section 3364(a);
by striking out “or the Women’s Army Corps” and “or corps” in section 3364(b);
by striking out “or the Women’s Army Corps” in section 3364(c) each time it appears; and
by striking out the second sentence of section 3383(b).
Chapter 345 of such title is amended by striking out section 3580
and by striking out in the table of sections at the beginning of such chapter the item relating to section 3580.
Section 3818 of such title is amended—
by striking out clause (2) of subsection (a) and inserting in lieu thereof the following:
“(2) the appointment of a female warrant officer, or the enlistment of a female member, of the Regular Army.”; and
by striking out “of the Women’s Army Corps” in subsection (c).
Section 3848(d) of such title is amended by inserting “or”
before “the Army Medical Specialist Corps” and by striking out “or the Women’s Army Corps,”.
Section 3916(b) of such title is amended—
by inserting “and” at the end of clause (1);
by striking out “Women’s Army Corps,” in clause (2);
by striking out the semicolon and the word “and” at the end of clause (2) and inserting in lieu thereof a period; and
by striking out clause (3).
Sec. 821. audit and review of certain funds
Any funds authorized by this or any other Act to provide relief to contractors under authority of the first section of the Act entitled “An Act to authorize the making, amendment, and modification of contracts to facilitate the national defense”, approved August 28, 1958 (72 Stat. 972; 50 U.S.C. 1431), in connection with contracts numbered N00024-69-C-0283, N00024-70-C-0275, N00024-71-C-0268, and N00024-74-C-0206 for the procurement for the United States of landing helicopter assault vessels (LHA), DD-963 vessels, and SSN 688 nuclear attack submarines, and paid by the United States to such contractors, shall be subject to such audits and reviews by the Comptroller General of the United States as the Comptroller General shall determine necessary to insure that such funds are used only in connection with such contracts and to insure that the prime contractors concerned do not realize any total combined profit on such contracts.
No funds described in subsection (a) may be used to provide relief to any contractor described in subsection (a), in connection with contracts described in such subsection, to the extent that the use of such funds would result in any total combined profit on such contracts, as determined by the Comptroller General of the United States.
The Comptroller General of the United States shall keep the appropriate committees of the Congress currently informed regarding the expenditure of funds referred to in subsection (a) and shall submit to the Congress annually, until the completion of the contracts referred to in subsection (a), a written report on the status of the contracts referred to in subsection (a), on the expenditure of the funds referred to in such subsection, and on the results of the audits and reviews conducted by the Comptroller General under authority of this section.
Approved October 20, 1978.