To extend to current the Javits-Wagner-O'Day Act contracts for operation of military dining facilities a limitation on the applicability of the Randolph-Sheppard Act to the operation of such facilities.

1. Rewrites section 867

   Replaces

   In S. 2400 · Placed on Calendar Senate

   SEC. 867. [struck: INAPPLICABILITY][inserted: APPLICABILITY] OF RANDOLPH-SHEPPARD ACT [inserted: AND JAVITS-WAGNER-O'DAY ACT ]TO MILITARY [inserted: TROOP ]DINING [struck: FACILITIES][inserted: SERVICES].

   Struck: Section 9(7) of the Randolph-Sheppard Act (20 U.S.C. 107e(7)) is amended by inserting after "blind licensees" the following: ", except that such term does not include a military troop dining facility, a military mess hall, or any similar dining facility that, funded by appropriations, is operated for the purpose of providing meals to members of the Armed Forces (as defined in section 101(a)(4) of title 10, United States Code)".

   Inserted: (a) Services Under Existing Javits-Wagner-O'Day Act Contracts.--(1) The Randolph-Sheppard Act (20 U.S.C. 107 et seq.) does not apply to any contract described in paragraph (2) for so long as the services provided under that contract remain on the procurement list established under section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47).

   Inserted: (2) Paragraph (1) applies to any contract for the procurement of military troop dining services that--

   Inserted: (A) was entered into before the date of the enactment of this Act with a nonprofit agency for the blind or an agency for other severely handicapped in compliance with section 3 of the Javits-Wagner-O'Day Act (41 U.S.C. 48); and

   Inserted: (B) is in effect on such date.

   Inserted: (b) Services Under Existing Randolph-Sheppard Act Contracts.--(1) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.) does not apply to--

   Inserted: (A) any contract described in paragraph (2) for so long as the contract is in effect, including for any period for which the contract is extended pursuant to an option provided in the contract; or

   Inserted: (B) any successor contract for the same military troop dining services.

   Inserted: (2) Paragraph (1) applies to any contract for the procurement of military troop dining services that--

   Inserted: (A) was entered into before the date of the enactment of this Act with a State licensing agency under the Randolph-Sheppard Act (20 U.S.C. 107 et seq.); and

   Inserted: (B) is in effect on such date.

   Inserted: (c) Source Selection Procedure for Awarding New Contracts.--(1) The selection of a source to which to award a contract for the procurement of military troop dining services, other than contracts described in subsections (a) and (b), shall be made according to the procedures provided under this subsection.

   Inserted: (2) As soon as practicable before the date for commencement of the performance of a contract to which this subsection applies, but not less than 180 days before such date, the procuring official shall transmit to the Commissioner of the Rehabilitation Services Administration of the Department of Education a notification of the proposed contract.

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   Inserted: (3) Upon the receipt of a notification of a proposed contract for the procurement of military troop dining services under paragraph (2), the Commissioner shall timely determine whether one or more State licensing agencies request that the contract be awarded in compliance with the Randolph-Sheppard Act. If the Commissioner timely receives such a request, the procurement shall be conducted in a manner that applies the priority provided to State licensing agencies under the Randolph-Sheppard Act. If the Commissioner does not timely receive such a request, the procurement shall be conducted under applicable law, including the Javits-Wagner-O'Day Act. The procuring official shall prescribe the time requirements for determinations and requests under this paragraph in relation to performance requirements.

   Inserted: (4) If, in accordance with section 3 of the Javits-Wagner-O'Day Act, a qualified nonprofit agency for the blind or a qualified nonprofit agency for other severely handicapped enters into a contract for the procurement of military troop dining services to which this subsection applies, then the Randolph-Sheppard Act does not apply to the performance of the services covered by that contract, but only for so long as that contract is in effect, including for any period for which the contract is extended pursuant to an option provided in the contract.

   Inserted: (d) Geographic Applicability.--This section applies to a contract for the procurement of military troop dining services to be provided at a military installation in a State, the Commonwealth of Puerto Rico, or any territory or possession of the United States, including a contract for the procurement of military troop dining services that are to be provided in more than one State.

   Inserted: (e) Definitions.--In this section:

   Inserted: (1) The term "military troop dining services" means any services related to the provision of Government-furnished meals to members of the Armed Forces, including meals provided in a military mess hall, a military troop dining facility, or any similar dining facility operated for the purpose of providing meals to members of the Armed Forces.

   Inserted: (2) The term "State licensing agency" means an agency designated under section 2(a)(5) of the Randolph-Sheppard Act (20 U.S.C. 107a(a)(5)).

   Inserted: (3) The terms "qualified nonprofit agency for the blind" and "qualified nonprofit agency for other severely handicapped" have the meanings given such terms in section 5 of the Javits-Wagner-O'Day Act (41 U.S.C. 48b).

   Inserted: (f) Repeal of Superseded Law.--Section 852 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1556) is repealed.

   Original wording

   Strike section 867, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed