An Act to amend section 8306 of title 10, United States Code, to authorize certain contracts for services and related supplies to extend beyond 1 year
PL 90-378 (H.R.15789), enacted 07/05/1968

82 STAT. ] 
PUBLIC LAW 90-378-JULY 5, 1968 
289 
Public Law 90-378 
AN ACT 
July 5, 1968 
To amend section 2306 of title 10, United States Code, to authorize certain con- 
[H. R. 15789] 
tracts for services and related supplies to extend beyond one year. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 2306 
MuTuyearpro-' 
of title 10, United States Code, is amended by adding the following curement, authori-
new^ subsection after subsection (f) : 
^^*oT 
"(g) (1) The head of an agency may enter into contracts for periods 75 stat.*52'8. ' 
of not more than five years for the following types of services (and 
items of supply related to such sei-vices) to be performed outside the 
forty-eight contiguous States and the District of Columbia for which 
funds would otherwise be available for obligation only within the 
fiscal year for which appropriated— 
"(A) operaJtion, maintenance, and support of facilities and 
installations ; 
"(B) maintenance or modification of aircraft, ships, vehicles, 
and other highly complex military equipment; 
"(C) specialized training necessitating high quality instructor 
skills (for example, pilot and other aircrew members; foreign 
language training) ; and 
"(D) base services (for example, ground maintenance; in-plane 
refueling; bus transportation; refuse collection and disposal); 
whenever he finds that: 
"(i) there will be a continuing requirement for the services 
consonant with current plans for the proposed contract period; 
"(ii) the furnishing of such services will require a substantial 
initial investment in plant or equipment, or the incurrence of sub-
stantial contingent liabilities for the assembly, training, or trans-
portation of a specialized work force; and 
" (iii) the use of such a contract will promote the best inteirests of 
the United States by encouraging effective competition and pro-
moting economies in operation. 
"(2) In entering into such contracts, the head of the agency shall 
Guidelines. 
be guided by the following principles: 
"(A) the portion of the cost of any plant or equipment amor-
tized as a cost of contract performance should not exceed the ratio 
between the period of contract performance and the anticipajted 
useful commercial life of such plant or equipment. Useful com-
mercial life, for this purpose, means the commercial utility of the 
facilities rather than the physical life thereof, Avith due considera-
tion given to such factors as location of facilities, specialized 
nature thereof, and obsolescence. 
"(B) consideration shall be given to the desirability of obta.in- Renewal option. 
ing an option to renew the contract for a reasonable period not 
to exceed three years, at prices not to include charges for plant, 
equipment and other nonrecurring costs, already amortized. 
"(C) consideration shall be given to the desirability of reserv-
ing in the agency the right, upon payment of the unamortized 
portion of the cost of the plant or equipment, to take title thereto 
under appropriate circumstances. 
"(3) In the event funds are not made available for the continuation 
cancellation. 
of such a contract into a subsequent fiscal year, the contract shall be 
canceled or terminated, and the costs of cancellation or termination 
may be paid from: 
"(A) appropriations originally available for the performance 
of the contract concerned; 
290 
PUBLIC LAW 90-379-JULY 5, 1968 
[82 STAT. 
Written findings, 
requirement. 
76 Stat. 529; 
80 Stat. 850. 
Contract au-
thorizations, ex-
ception. 
Ante, p. 289. 
"(B) appropriations currently available for procurement of 
the type of services concerned, and not otherwise obligated; or 
"(C) funds appropriated for those payments." 
SEC. 2. Section 2310(b) of title 10, United States Code, is amended— 
(A) by inserting "section 2306(g)(1),-' after 
the words 
"section 2306(c)," after the first time those words appear; 
(B) by inserting after "(3)" the words "support the findings 
required by section 2306(g) (1), (4)"; 
(C) by striking out "(4)" and inserting in place thereof 
"(5)", and 
(D) by striking out "(5)" and inserting in place thereof 
SEC. 3. Section 2311 of title 10, United States Code, is amended 
by striking out "under clauses (11)-(16) of section 2304(a) of this 
title" and by inserting in place thereof "(1) under clauses (11)-(16) 
of section 2304(a) of this title, and (2) authorizing contracts in 
excess of three years under section 2306(g) of this title." 
Approved July 5, 1968. 
July 5, 1968 
[H. R. 14910] 
Public Law 90-379 
AN ACT 
To amend the Communications Act of 1934, as amended, to give the Federal 
Communicatiims Commission authority to prescribe regulations for the manu-
facture, import, sale, shipment, or use of devices which cause harmful inter-
ference to radio reception. 
C ommunications 
Act of 1934, 
amendment. 
48 Stat. 1064. 
47 u s e 609 and 
note. 
Exceptions. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the Communi-
cations Act of 1934, as amended, is further amended by adding thereto 
a new section 302 to read as follows: 
"DEVICES WHICH INTERFERE WITH RADIO RECEPTION 
"SEC. 302. (a) The Commission may, consistent with the public 
interest, convenience, and necessity, make reasonable regulations gov-
erning the interference potential of devices which in their operation 
are capable of emitting radio frequency energy by radiation, conduc-
tion, or other means in sufficient degree to cause harmful interference 
to radio communications. Such regulations shall be applicable to the 
manufacture, import, sale, offer for sale, shipment, or use of such 
devices. 
"(b) No person shall manufacture, import, sell, offer for sale, ship, 
or use devices which fail to comply with regulations promulgated 
pursuant to this section. 
"(c) The provisions of this section shall not be applicable to 
carriers transporting such devices without trading in them, to 
devices manufactured solely for export, to the manufacture, assem-
bly, or installation of devices for its own use by a public utility 
engaged in providing electric service, or to devices for use by the 
(Tovemment of the United States or any agency thereof. Devices 
for use by the Government of the United States or any agency 
thereof shall be developed, procured, or otherwise acquired, includ-
ing offshore procurement, under United States Government criteria, 
standards, or specifications designed to achieve the common objective 
of reducing interference to radio reception, taking into account the 
unique needs of national defense and security." 
Approved July 5, 1968.