CODIFICATION OF RECURRING PROVISION RELATING TO SUBCONTRACTING WITH CERTAIN NONPROFIT AGENCIES.

SEC. 808. CODIFICATION OF RECURRING PROVISION RELATING TO SUBCONTRACTING WITH CERTAIN NONPROFIT AGENCIES. (a) Policy.—Section 2301 of title 10, United States Code, is amended by adding at the end the following new subsection: “(d) It is also the policy of Congress that qualified nonprofit agencies for the blind or other severely handicapped (as defined in section 2410d(b) of this title) shall be afforded the maximum practicable opportunity to provide approved commodities and services (as defined in such section) as subcontractors and suppliers under contracts awarded by the Department of Defense.”. (b) Credit Under Small Business Subcontracting Plan.—(1) Chapter 141 of title 10, United States Code, as amended by section 384, is further amended by adding at the end the following new section: “§2410d. Subcontracting plans: credit for certain purchases “(a) Purchases Benefiting Severely Handicapped Persons.—In the case of a business concern that has negotiated a small business subcontracting plan with a military department or a Defense Agency, purchases made by that business concern from qualified nonprofit agencies for the blind or other severely handicapped shall count toward meeting the subcontracting goal provided in that plan. “(b) Definitions.—In this section: “(1) The term ‘small business subcontracting plan’ means a plan negotiated pursuant to section 8(d) of the Small Business Act (15 U.S.C. 637(d)) that establishes a goal for the participation of small business concerns as subcontractors under a contract. “(2) The term ‘qualified nonprofit agency for the blind or other severely handicapped’ means— “(A) a qualified nonprofit agency for the blind, as defined in section 5(3) of the Javits-Wagner-O’Day Act (41 U.S.C. 48b(3)); and “(B) a qualified nonprofit agency for other severely handicapped, as defined in section 5(4) of such Act (41 U.S.C. 48b(4)). “(3) The terms ‘approved commodity’ and ‘approved service’ mean a commodity and a service, respectively, that has been determined by the Committee for Purchase from the Blind and Other Severely Handicapped under section 2 of such Act (41 U.S.C. 47) to be suitable for procurement by the Federal Government. 106 STAT. 2450 “(4) The term ‘Javits-Wagner-O’Day Act’ means the Act entitled ‘An Act to create a Committee on Purchases of Blindmade Products, and for other purposes’, approved June 25, 1938 (41 U.S.C. 46–48c), commonly referred to as the Wagner-O’Day Act, that was revised and reenacted in the Act of June 23, 1971 (85 Stat. 77), commonly referred to as the Javits-Wagner-O’Day Act. “(c) Termination.—Subsection (a) shall cease to be effective at the end of September 30, 1994.”. (2) The table of sections at the beginning of such chapter, as amended by section 384, is further amended by adding at the end the following new item: “2410d. Subcontracting plans: credit for certain purchases.”. (c) Effective Date.—Sections 2301(d) and 2410d of title 10, United States Code (as added by subsections (a) and (b), respectively), shall take effect on October 1, 1993.