10 U.S.C. § 3903 | 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)

15 U.S.C. 637(d) The term “small business subcontracting plan” means a plan negotiated pursuant to section 8(d) of the Small Business Act () 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)

section 8501(7) of title 41 a qualified nonprofit agency for the blind, as defined in ;

(B)

section 8501(6) of title 41 a qualified nonprofit agency for other severely disabled, as defined in ; and

(C)

section 8503(c) of title 41 a central nonprofit agency designated by the Committee for Purchase from People Who Are Blind or Severely Disabled under .

Pub. L. 102–484, div. A, title VIII, § 808(b)(1)Oct. 23, 1992106 Stat. 2449 Pub. L. 103–337, div. A, title VIII, § 804Oct. 5, 1994108 Stat. 2815 Pub. L. 104–106, div. D, title XLIII, § 4321(b)(15)Feb. 10, 1996110 Stat. 673 Pub. L. 105–85, div. A, title VIII, § 835Nov. 18, 1997111 Stat. 1843 Pub. L. 106–65, div. A, title VIII, § 807Oct. 5, 1999113 Stat. 705 Pub. L. 111–350, § 5(b)(29)Jan. 4, 2011124 Stat. 3845 Pub. L. 116–283, div. A, title XVIII, § 1838(b)Jan. 1, 2021134 Stat. 4242 Pub. L. 117–81, div. A, title XVII, § 1701(v)(2)(A)Dec. 27, 2021135 Stat. 2154(Added , , , § 2410d; amended , , ; , , ; , , ; , , ; , , ; renumbered § 3903, , , ; , , .)

Editorial Notes

Amendments

Pub. L. 116–283, § 1838(b)Pub. L. 117–81, § 1701(v)(2)(A)section 2410d of this title2021—, as amended by , renumbered as this section.

Pub. L. 111–350, § 5(b)(29)(A)section 8501(7) of title 41 41 U.S.C. 48b(3)2011—Subsec. (b)(2)(A). , substituted “” for “section 5(3) of the Javits-Wagner-O’Day Act ()”.

Pub. L. 111–350, § 5(b)(29)(B)section 8501(6) of title 41 41 U.S.C. 48b(4)Subsec. (b)(2)(B). , substituted “disabled, as defined in ” for “handicapped, as defined in section 5(4) of such Act ()”.

Pub. L. 111–350, § 5(b)(29)(C)section 8503(c) of title 41 41 U.S.C. 47(c)Subsec. (b)(2)(C). , substituted “” for “section 2(c) of such Act ()”.

Pub. L. 106–65September 30, 19991999—Subsec. (c). struck out heading and text of subsec. (c). Text read as follows: “Subsection (a) shall cease to be effective at the end of .”

Pub. L. 105–85September 30, 1999September 30, 19971997—Subsec. (c). substituted “” for “”.

Pub. L. 104–106June 25, 193841 U.S.C. 46–48cJune 23, 197185 Stat. 771996—Subsec. (b)(3). struck out par. (3) which read as follows: “The term ‘Javits-Wagner-O’Day Act’ means the Act entitled ‘An Act to create a Committee on Purchases of Blind-made Products, and for other purposes’, approved (), commonly referred to as the Wagner-O’Day Act, that was revised and reenacted in the Act of (), commonly referred to as the Javits-Wagner-O’Day Act.”

Pub. L. 103–337, § 804(1)(A)1994—Subsec. (b)(2)(C). , added subpar. (C).

Pub. L. 103–337, § 804(1)(B)41 U.S.C. 47Subsec. (b)(3), (4). , (C), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “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 () to be suitable for procurement by the Federal Government.”

Pub. L. 103–337, § 804(2)September 30, 1997September 30, 1994Subsec. (c). , substituted “” for “”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81 Pub. L. 116–283 section 1701(a)(2) of Pub. L. 117–81 section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and note below.

Pub. L. 116–283Jan. 1, 2022section 1801(d) of Pub. L. 116–283 section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date of 1997 Amendment

Pub. L. 105–85, div. A, title VIII, § 835Nov. 18, 1997111 Stat. 1843Sept. 30, 1997, , , provided that the amendment made by that section is effective as of .

Effective Date of 1996 Amendment

Pub. L. 104–106 section 4401 of Pub. L. 104–106 section 2220 of this titleFor effective date and applicability of amendment by , see , set out as a note under .

Effective Date

Pub. L. 102–484, div. A, title VIII, § 808(c)Oct. 23, 1992106 Stat. 2450

10 U.S.C. 3903October 1, 1993“Sections 2301(d) [repealed] and 2410d [now ] of title 10, United States Code (as added by subsections (a) and (b), respectively), shall take effect on .”

, , , provided that:

Contract Participation by Agencies for the Blind or Other Severely Handicapped

Pub. L. 108–87, title VIII, § 8025Sept. 30, 2003117 Stat. 1077 Pub. L. 113–291, div. A, title X, § 1071(b)(6)Dec. 19, 2014128 Stat. 3507

“(a)

Of the funds for the procurement of supplies or services appropriated by this Act [see Tables for classification] and hereafter, qualified nonprofit agencies for the blind or other severely handicapped shall be afforded the maximum practicable opportunity to participate as subcontractors and suppliers in the performance of contracts let by the Department of Defense.

“(b)

15 U.S.C. 637(d) During the current fiscal year and hereafter, a business concern which has negotiated with a military service or defense agency a subcontracting plan for the participation by small business concerns pursuant to section 8(d) of the Small Business Act () shall be given credit toward meeting that subcontracting goal for any purchases made from qualified nonprofit agencies for the blind or other severely handicapped.

“(c)

For the purpose of this section, the phrase ‘qualified nonprofit agency for the blind or other severely handicapped’ means a nonprofit agency for the blind or other severely handicapped that has been approved by the Committee for the Purchase from the Blind and Other Severely Handicapped under chapter 85 of title 41, United States Code.”

, , , as amended by , , , provided that:

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 107–248, title VIII, § 8025Oct. 23, 2002116 Stat. 1542, , .

Pub. L. 107–117, div. A, title VIII, § 8028Jan. 10, 2002115 Stat. 2253, , .

Pub. L. 106–259, title VIII, § 8028Aug. 9, 2000114 Stat. 680, , .

Pub. L. 106–79, title VIII, § 8030Oct. 25, 1999113 Stat. 1237, , .

Pub. L. 105–262, title VIII, § 8030Oct. 17, 1998112 Stat. 2303, , .

Pub. L. 105–56, title VIII, § 8031Oct. 8, 1997111 Stat. 1226, , .

Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8033]Sept. 30, 1996110 Stat. 3009–71, , , 3009–95.

Pub. L. 104–61, title VIII, § 8042Dec. 1, 1995109 Stat. 660, , .

Pub. L. 103–335, title VIII, § 8048Sept. 30, 1994108 Stat. 2628, , .

Pub. L. 103–139, title VIII, § 8055Nov. 11, 1993107 Stat. 1452, , .