An Act to authorize appropriations during the fiscal year 1969 for procurement of aircraft, missiles, naval vessels, and tracked combat vehicles, research, development, test, and evaluation for the Armed Forces, and to prescribe the authorized personnel strength of the Selected Reserve of each Reserve component of the Armed Forces, and for other purposes.
PL 90-500 (S.3293), enacted 09/20/1968

82 STAT. ] 
PUBLIC LAW 90-500-SEPT. 20, 1968 
849 
Public Law 90-500 
AN ACT 
September20, 1968 
To authorize appropriations during the fiscal year 1969 for procurement of 
[S-3293] 
aircraft, missiles, naval vessels, and tracked combat vehicles, researdti, de-
veloipment, test, and evaluation for the Armed Forces, and to prescribe the 
authorized personnel strength of the Selected Reserve of each Reserve com-
ponent of the Armed Forces, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
TITLE I—PKOCUEEMENT 
^""^^ F°:!^"^ 
Appropriation 
authorization, 
SEC. 101. Funds are hereby authorized to be appropriated during i969. 
the fiscal year 1969 for the use of the Armed Forces of the United 
States for procurement of aircraft, missiles, naval vessels, and tracked 
combat vehicles, as authorized by law, in amounts as follows: 
AIRCRAFT 
For aircraft: for the Army, $735,447,000; for the Navy and Marine 
Corps, $2,406,988,000, of which $241,800,000 is authorized to be ap-
propriated only for F-4J aircraft and $162,800,000 is authorized to 
be appropriated only for EA-6B aircraft; for the Air Force, 
$5,212,000,000. 
MISSILES 
For missiles: for the Army, $956,140,000; for the Navy, $848,-
212,000, of which $55,500,000 is authorized to be appropriated only 
for the Phoenix missile; for the Marine Corps, $13,500,000; for the 
Air Force, $1,768,000,000. 
NAVAL VESSELS 
For naval vessels: for the Navy, $1,581,500,000, of which $52,000,000 
is authorized to be appropriated only for the procurement of long 
leadtime components that could be used in vessels of either the DXGN 
or DLGN types and $22,500,000 is authorized to be appropriated only 
for long leadtime components for an improved nuclear-powered at-
tack submarine of new design. 
TRACKED COMBAT VEHICLES 
For tracked combat vehicles: for the Army, $299,426,000; for the 
Marine Corps, $10,800,000. 
TITLE II—KESEARCH, DEVELOPMENT, TEST, AND 
EVALUATION 
SEC. 201. Funds are hereby authorized to be appropriated during the 
fiscal year 1969 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, $1,611,900,000; 
For the Navy (including the Marine Corps), $2,205,721,000, of which 
(a) $46,900,000 is authorized to be appropriated only for the devel-
opment of the Phoenix missile system, (b) $170,000,000 is authorized 
to be appropriated only for the development of the VFX-1 aircraft, 
850 
PUBLIC L
A
W 90-500-SEPT. 20, 1968 
[82 STAT. 
(c) $4,000,000 is authorized to be appropriated only for development 
of an improved nuclear attack submarine to be included in the fiscal 
year 1970 procurement program, and (d) $16,400,000 is authorized to 
be appropriated only for an improved nuclear-powered attack sub-
marine of new design to be procured in years after fiscal year 1970; 
For the Air Force, $3,438,594,000; and 
For the Defense Agencies, $487,522,000. 
SEC. 202. There is hereby authorized to be appropriated to the De-
partment of Defense during fiscal year 1969 for use as an emergency 
fund for research, development, test, and evaluation or procurement or 
production related thereto, $50,000,000. 
SEC. 203. None of the funds authorized to be appropriated by this Act 
may be used for development or procurement of the F-lllB aircraft. 
TITLE III—RESERVE FORCES 
SEC. 301. For the fiscal year beginning July 1, 1968, and ending 
June 30,1969, the Selected Reserve of each reserve component of the 
Armed Forces will be programed to attain an average strength of not 
less than the following: 
(1) The Army National Guard of the United States, 400,000. 
(2) The Army Reserve, 260,000. 
r3) The Naval Reserve, 128,407. 
(4) The Marine Corps Reserve, 47,204. 
(5) The Air National Guard of the United States, 77,371. 
(6) The Air Force Reserve, 45,526. 
(7) The Coast Guard Reserve, 17,700. 
Jfon"':''"" ^''°' 
SEC. 302. The average strength prescribed by section 301 of this title 
for the Selected Reserve of anv reserve component shall be proportion-
ately 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, not including those units ordered to active duty in January 1968, 
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 any such units, including those units ordered to active duty 
in January 1968, or such individual members are released from active 
duty during any fiscal year, the average strength for such fiscal year 
for the Selected Reserve of such reserve component shall be propor-
tionately increased by the total authorized strength of such units and 
by the total number of such individual members. 
SEC. 303. Subsection (e) of title I of Public Law 89-687 (80 Stat. 
1
0 use 263 
931) is amended by deleting "June 30,1968" and substituting "June 
' • 
30,1969". 
TITLE IV—GENERAL PROVISIONS 
biu"y 1°; vleJiTa- 
^Eo. 401. Subsection (a) of section 401 of Public Law 89-367, 
mese forces, etc. approved March 15,1966 (80 Stat. 37), as amended, is hereby amended 
to read as follows: "Funds authorized for appropriation for the use 
of the Armed Forces of the United States under this or any other Act 
are authorized to be made available for their stated purposes to support 
visions. 
note 
Airlift services 
modernization. 
70A Stat. 143. 
10 use 2571-
82 STAT. ] 
PUBLIC LAW 90-500-SEPT. 20, 1968 
851 
(1) Vietnamese and other Free World Forces in Vietnam, (2) local 
forces in Laos and Thailand; and for related costs, during the fiscal 
year 1969 on such terms and conditions as the Secretary of Defense 
may determine." 
SEC. 402. It is hereby declared to be the sense of the Congress that 
the Department of Defense, as soon as practicable, institute such 
measures as may be necessary to modernize the contract commercial 
airlift services provided to the Armed Forces of the United States. 
SEC. 403. (a) Chapter 153 of title 10, United States Code, is amended 
by adding at the end thereof the following new section: 
2575 
'*§ 2576. Surplus military equipment: sale to State and local law 
enforcement and firefighting agencies 
" (a) The Secretary of Defense, under regulations prescribed by him, 
may sell to State and local law enforcement and firefighting agencies, 
at fair market value, pistols, revolvers, shotguns, rifles of a caliber not 
exceeding .30, ammunition for such firearms, gas masks, and protec-
tive body armor which (1) are suitable for use by such agencies in 
carrying out law enforcement and firefighting activities, and (2) have 
been determined to be surplus property pursuant to the Federal Prop-
erty and Administrative Services Act of 1949 (63 Stat. 377), as ^^4° use 471 
amended. 
"(b) Such surplus military equipment shall not be sold under the 
provisions of this section to a State or local law enforcement or fire-
fighting agency unless request therefor is made by such agency, in such 
form and manner as the Secretary of Defense shall prescribe, and such 
request, with respect to the type and amount of equipment so requested, 
is certified as being necessary and suitable for the operation of such 
agency by the Governor (or such State official as he may designate) 
of the State in which such agency is located. Equipment sold to a State 
or local law enforcement or firefighting agency under this section shall 
not exceed, in quantity, the amount requested and certified for such 
agency and shall be for the exclusive use of such agency. Such equip-
ment may not be sold, or otherwise transferred, by such agency to any 
individual or public or private organization or agency." 
(b) The table of sections at the beginning of chapter 153 of such title 
is amended by adding at the end thereof the following: 
"2576. Surplus military equipment: sale to State and local law enforcement 
and firefighting agencies." 
Motor vehicles. 
SEC. 404. No funds authorized for appropriation for the use of the 
Armed Forces of the United States under the provisions of this Act 
or the provisions of any other law shall be available for the purchase, 
lease, rental, or other acquisition of multipassenger motor vehicles 
(buses) other than multipassenger motor vehicles (buses) manufac-
tured in the United States, except as may be authorized by regulations 
promulgated by the Secretary of Defense solely to insure that com-
pliance with this prohibition will not result in either an uneconomical 
procurement action or one which would adversely affect the national 
interests of the United States. 
SEC. 405. Section 2304(g) of title 10, United States Code is amended 
^e stat. 528. 
by inserting a comma after the word "proposals" where first used in 
that section and inserting after the comma the words "including 
price,". 
Approved September 20, 1968.