An Act making appropriations for military construction for the Department of Defense for the fiscal year ending June 30, 1969, and for other purposes
PL 90-513 (H.R.18785), enacted 09/26/1968

864 
PUBLIC LAW 90-513-SEPT. 26, 1968 
Public Law 90-513 
[82 STAT. 
September 26, 1968 
A N 
A C T 
[H. R. 18785] 
Making appropriations JPor military construction for tlie Department of 
Defense for the fiscal year ending June 30, 1969, and for other purposes. 
Military Con-
struction Appro-
priation Act. 
1969. 
72 Stat. 1459, 
1460. 
Be it enacted hy the Senate ofnd House of Re'presentatives 
of the 
United States of America In Congress asseTnbled^ That the following 
sums are appropriated, out of any money in the Treasury not other-
wise appropriated, for the fiscal year ending June 30, 1969, for 
military construction functions administered by the Department of 
Defense, and for other purposes, namely: 
MILITARY CONSTRUCTION, ARMY 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, and 
facilities for the Army as currently authorized in military public 
works or military construction Acts, and in sections 2673 and 2675 
of title 10, United States Code, $548,126,000, to remain available until 
expended. 
MILITARY CONSTRUCTION, NAVY 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, and facili-
ties for the Navy as currently authorized in military public works or 
military construction Acts, and in sections 2673 and 2675 of title 10, 
United States Code, including personnel in the Naval Facilities 
Engineering Command and other personal services necessary for the 
purposes of this appropriation, $291,513,000, to remain available until 
expended. 
MILITARY CONSTRUCTION, AIR FORCE 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, and 
facilities for the Air Force as currently authorized in military public 
works or military construction Acts, in sections 2673 and 2675 of 
title 10, United States Code, $222,141,000, to remain available until 
expended. 
MILITARY CONSTRUCTION, DEFENSE AGENCIES 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, and facilities 
for activities and agencies of the Department of Defense (other than 
the military departments and the Office of Civil Defense), as currently 
authorized in military public works or military construction Acts, 
and in sections 2673 and 2675 of title 10, United States Code, 
$83,396,000, to remain available until expended; and, in addition, not 
to exceed $20,000,000 to be derived by transfer from the appropriation 
"Research, development, test, and evaluation. Defense Agencies" as 
determined by the Secretary of Defense: Provided^ That such amounts 
of this appropriation as may be determined by the Secretary of 
Defense may be transferred to such appropriations of the Department 
of Defense available for military construction as he may designate. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Army 
National Guard as authorized by chapter 133 of title 10, United States 
82 STAT. ] 
PUBLIC LAW 90-513-SEPT. 26, 1968 
865 
Code, as amended, and the Reserve Forces Facilities Acts, $2,700,000, ;21jsr223^i°' 
to remain available until expended. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
133 of title 10, United States Code, as amended, and the Reserve Forces 
Facilities Acts, $8,300,000, to remain available until expended. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Army 
Reserve as authorized by chapter 133 of title 10, United States Code, 
as amended, and the Reserve Forces Facilities Acts, $3,000,000, to 
remain available until expended. 
MILITARY CONSTRUCTION, NAVAL RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the reserve 
components of the Navy and Marine Corps as authorized by chapter 
133 of title 10, United States Code, as amended, and the Reserve Forces 
Facilities Acts, $5,000,000, to remain available until expended. 
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 133 of title 10, United States 
Code, as amended, and the Reserve Forces Facilities Acts, $4,300,000, 
to remain available until expended. 
FAMILY HOUSING, DEFENSE 
For expenses of family housing for the Army, Navy, Marine Corps, 
Air Force, and Defense agencies, for construction, including acquisi-
tion, replacement, addition, expansion, extension and alteration and 
for operation, maintenance, and debt payment, including leasing, 
minor construction, principal and interest charges, and insurance 
premiums, as authorized by law, $583,700,000, to be obligated and 
expended in the Family Housing Management Account established 
pursuant to section 501(a) of Public Law 87-554, in not to exceed 
^^ ^^^^'P^: , 
ti 
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» n 
• 
. 
42 UoC 15943-1. 
the loUowmg amounts: 
For the Army: 
Construction, $10,950,000; 
Operation, maintenance, $135,383,000; 
Debt payment, $47,204,000. 
For the Navy and Marine Corps: 
Construction, $18,175,000; 
Operation, maintenance, $84,249,000; 
Debt payments, $31,972,000. 
For the Air Force: 
Construction, $19,575,000; 
Operation, maintenance, $142,443,000; 
Debt payment, $88,246,000. 
866 
PUBLIC LAW 90-513-SEPT. 26, 1968 
[82 STAT. 
80 Stat. 1291. 
42 u s e 3374. 
Prior appro-
priations. 
Contracts. 
Expediting 
costs> 
Bakery facili-
ties, etc. 
Motor vehicle 
hire. 
Access roads* 
72 Stat. 908. 
New bases. 
Land ease-
ments. 
For Defense agencies: 
Construction, $40,000; 
Operation, maintenance, $5,463,000. 
Provided^ That the amounts provided under this head for construction 
and for debt payment shall remain available until expended. 
HOMEOWNERS ASSISTANCE FUND, DEFENSE 
For use in the Homeowners Assistance Fund established pursuant 
to section 1013(d) of the Demonstration Cities and Metropolitan De-
velopment Act of 1966 (Public Law 89-754, approved November 3, 
1966), $6,200,000. 
GENERAL PROVISIONS 
SEC. 101. Funds appropriated to the Department of Defense for 
construction in prior years are hereby made available for construc-
tion authorized for each such department by the authorizations enacted 
into law during the second session of the Ninetieth Congress. 
SEC. 102. None of the funds appropriated in this Act shall be ex-
pended for payments under a cost-plus-a-fixed-fee contract for work, 
where cost estimates exceed $25,000, to be performed within the United 
States, except Alaska, without the specific approval in writing of the 
Secretary of Defense setting forth the reasons therefor. 
SEC. 103. None of the funds appropriated in this Act shall be 
expended for additional costs involved in expediting construction 
unless the Secretary of Defense certifies such costs to be necessary 
to protect the national interest and establishes a reasonable completion 
date for each project, taking into consideration the urgency of the 
requirement, the type and location of the project, the climatic and 
seasonal conditions affecting the construction, and the application 
of economical construction practices. 
SEC. 104. None of the funds appropriated in this Act shall be used 
for the constructioUj replacement, or reactivation of any bakery, 
laundry, or drycleanmg facility in the United States, its territories, 
or possessions, as to which the Secretary of Defense does not certify, 
in writing, giving his reasons therefor, that the services to be furnished 
by such facilities are not obtainable from commercial sources at 
reasonable rates. 
SEC. 105. Funds appropriated to the Department of Defense for 
construction are hereby made available for hire of passenger motor 
vehicles. 
SEC. 106. Funds appropriated to the Department of Defense for 
construction may be used for advances to the Bureau of Public Roads, 
Department of Transportation, for the construction of access roads 
as authorized by section 210 of title 23, United States Code, when 
projects authorized therein are certified as important to the national 
defense by the Secretary of Defense. 
SEC. 107. None of the funds appropriated in this Act may be used to 
begin construction of new bases inside the Continental United States 
for which specific appropriations have not been made. 
SEC. 108. No part of the funds provided in this Act shall be used 
for purchase of land or land easements in excess of 100 per centum 
of the value as determined by the Corps of Engineers or the Naval 
Facilities Engineering Command, except: (a) where there is a deter-
mination of value by a Federal court, (b) purchases negotiated by the 
Attorney General or his designee, and (c) where the estimated value 
is less than $25,000. 
82 STAT. ] 
PUBLIC LAW 90-514-SEPT. 26, 1968 
867 
SEC. 109. None of the funds appropriated in this Act may be used 
Foreign projects. 
to make payments under contracts for any project in a foreign country 
unless the Secretary of Defense or his designee, after consultation 
with the Secretary of the Treasury or his designee, certifies to the 
Congress that the use, by purchase from the Treasury, of currencies 
of such country acquired pursuant to law is not feasible for the pur-
pose, stating the reason therefor. 
SEC. 110. None of the funds appropriated in this Act shall be used J^^"''^}^ housing, 
to (1) acquire land, (2) provide for site preparation, or (3) install 
utilities for any family housing, except housing for which funds have 
been made available in annual military construction appropriation 
Acts. 
SEC. 111. Funds received from the proceeds of handling excess 
Excess family 
family housing remaining under the jurisdiction of the Department di'rp^osui^'n.''*^'^*' 
of Defense shall be deposited to the credit of "Family Housing, 
Defense"' to be used for the purpose of reducing debt payments of 
the military departments. 
SEC. 112. This Act may be cited as the "Military Construction 
short title. 
Appropriation Act, 1969". 
Approved September 26, 1968. 
Public Law 90-514 
A N A C T 
September26, 1968 
To amend the Federal Aviation Act of 1958 with respect to the definition of 
[s.3566] 
"supplemental air transportation", and for other puri)oses. 
Federal Avia-
tion Act of 1958, 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That paragraph (33) 
of section 101 of the Federal Aviation Act of 1958 is amended to read amendment. 
a s f o l l o w s : 
76 Stat. 143. 
" (33) 'Supplemental air trans^rtation' means charter trips, includ- 
"Supplemental 
ing inclusive tour charter trips, in air transportation, other than the ^'" transportation." 
transportation of mail by aircraft, rendered pursuant to a certificate of 
public convenience and necessity issued pursuant to section 401(d) (3) 
of this Act to supplement the scheduled service authorized by certifi- 
49 use 1371. 
cates of public convenience and necessity issued pursuant to sections 
401 (d) (1) and (2) of this Act. Nothing in this paragraph shall permit 
a supplemental air carrier to sell or offer for sale an inclusive tour in 
air transportation by selling or offering for sale individual tickets 
directly to members of the general public, or to do so indirectly by 
controlling, being controlled by, or under common control with, a 
person authorized by the Board to make such sales."' 
SEC. 2. Certificates of public convenience and necessity for supple-
mental air transportation and statements of authorizations, issued by 
the Civil Aeronautics Board, are hereby validated, ratified, and con-
tinued in effect according to their terms, notwithstanding any contrary 
determinations by any court that the Board lacked power to authorize 
the performance of inclusive tour charter trips in air transportation. 
SEC. 3. Section 401(e) (6) of the Federal Aviation Act of 1958 is 
76 stat. 144. 
amended to read as follows: 
"(6) Any air carrier, other than a supplemental air carrier, may 
perform charter trips (including inclusive tour charter trips) or any 
other special service, without regard to the points named in its certifi-
cate, or the type of service provided therem, under regulations pre-
scribed by the Board." 
Approved September 26, 1968.