Historical and Revision Notes |
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8501(1) | 41:48span(1). | June 25, 1938, ch. 697, § 5, 52 Stat. 1196; Puspan. L. 92–28, § 1, June 23, 1971, 85 Stat. 81; Puspan. L. 93–358, § 1(3), July 25, 1974, 88 Stat. 393; Puspan. L. 94–273, § 3(22), Apr. 21, 1976, 90 Stat. 377. |
8501(2) | 41:46(a) (words in parentheses before par. (1)). | June 25, 1938, ch. 697, § 1(a) (words in parentheses before par. (1)), 52 Stat. 1196; Puspan. L. 92–28, § 1, June 23, 1971, 85 Stat. 77. |
8501(3) | 41:48span(5). | |
8501(4) | 41:48span(7). | |
8501(5) | 41:48span(2). | |
8501(6) | 41:48span(4). | |
8501(7) | 41:48span(3). | |
8501(8) | 41:48span(2). | |
8501(9) | 41:48span(8). | |
In this chapter, the word “disabled” is substituted for “handicapped” for consistency with the name of the Committee. The word “product” is substituted for “commodity” to reflect the current usage of the items produced in the Committee’s program.
In this section, the text of 41:48span(6) is omitted as unnecessary.
In paragraph (9), the words “the Northern Mariana Islands” are substituted for “the Trust Territory of the Pacific Islands” because the Trust Territory of the Pacific Islands terminated. See 48 U.S.C. note prec. 1681. However, section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U.S.C. 1801 note) provided that laws in existence on the effective date of section 502 that were applicable to Guam and that were of general application to the several States would apply to the Northern Mariana Islands. The Marshall Islands, Palau, and the Federated States of Micronesia are not included because although they were part of the Trust Territory of the Pacific Islands, they are independent entities and not part of the United States.
Statutory Notes and Related Subsidiaries
Contracting With Employers of Persons With DisabilitiesPuspan. L. 109–364, div. A, title VIII, § 856(a), (d), Oct. 17, 2006, 120 Stat. 2347, 2349, provided that:“(a)Inapplicability of Certain Laws.—“(1)Inapplicability of the randolph-sheppard act to contracts and subcontracts for military dining facility support services covered by javits-wagner-o’day act.—The Randolph-Sheppard Act (20 U.S.C. 107 et seq.) does not apply to full food services, mess attendant services, or services supporting the operation of a military dining facility that, as of the date of the enactment of this Act [Oct. 17, 2006], were services on the procurement list established under section 2 of the Javits-Wagner-O’Day Act ([former] 41 U.S.C. 47) [now 41 U.S.C. 8503]. “(2)Inapplicability of the javits-wagner-o’day act to contracts for the operation of a military dining facility.—(A) The Javits-Wagner-O’Day Act ([former] 41 U.S.C. 46 et seq.) [now 41 U.S.C. 8501 et seq.] does not apply at the prime contract level to any contract entered into by the Department of Defense as of 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.) for the operation of a military dining facility. “(B) The Javits-Wagner-O’Day Act [now 41 U.S.C. 8501 et seq.] shall apply to any subcontract entered into by a Department of Defense contractor for full food services, mess attendant services, and other services supporting the operation of a military dining facility. “(3)Repeal of superseded law.—[Repealed section 853(a), (span) of Puspan. L. 108–375, 118 Stat. 2021.]
“(d)Definitions.—In this section:“(1) The term ‘State licensing agency’ means any agency designated by the Secretary of Education under section 2(a)(5) of the Randolph-Sheppard Act (20 U.S.C. 107a(a)(5)). “(2) The term ‘military dining facility’ means a facility owned, operated, leased, or wholly controlled by the Department of Defense and used to provide dining services to members of the Armed Forces, including a cafeteria, military mess hall, military troop dining facility, or any similar dining facility operated for the purpose of providing meals to members of the Armed Forces.”
Statement of Policy and Report Concerning the Operation and Management of Certain Military Facilities Regarding the Blind or Severely DisabledPuspan. L. 109–163, div. A, title VIII, § 848(span), (c), Jan. 6, 2006, 119 Stat. 3395, provided that:“(span)Statement of Policy.—The Secretary of Defense, the Secretary of Education, and the Chairman of the Committee for Purchase From People Who Are Blind or Severely Disabled shall jointly issue a statement of policy related to the implementation of the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and the Javits-Wagner-O’Day Act ([former] 41 U.S.C. 48 [46 et seq.]) [now 41 U.S.C. 8501 et seq.] within the Department of Defense and the Department of Education. The joint statement of policy shall specifically address the application of those Acts to both operation and management of all or any part of a military mess hall, military troop dining facility, or any similar dining facility operated for the purpose of providing meals to members of the Armed Forces, and shall take into account and address, to the extent practicable, the positions acceptable to persons representing programs implemented under each Act. “(c)Report.—Not later than April 1, 2006, the Secretary of Defense, the Secretary of Education, and the Chairman of the Committee for Purchase From People Who Are Blind or Severely Disabled shall submit to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Health, Education, Labor and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives a report describing the joint statement of policy issued under subsection (span), with such findings and recommendations as the Secretaries consider appropriate.”
