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‘‘(4) ACQUISITION SUPPORT AGENCIES.—The term ‘acquisition 
support agencies’ means Defense Agencies and Department 
of Defense Field Activities that carry out and provide support 
for acquisition-related activities. 
‘‘(5) CONTINGENCY
PROGRAM
MANAGEMENT.—The term 
‘contingency program management’ means the process of plan-
ning, organizing, staffing, controlling, and leading the combined 
efforts of participating civilian and military personnel and 
organizations for the management of a specific defense acquisi-
tion program or programs during combat operations, post-con-
flict operations, and contingency operations. 
‘‘(6) REQUIREMENTS DEFINITION.—The term ‘requirements 
definition’ means the process of translating policy objectives 
and mission needs into specific requirements, the description 
of which will be the basis for awarding acquisition contracts 
for projects to be accomplished, work to be performed, or prod-
ucts to be delivered.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item:
‘‘2333. Joint policies on requirements definition, contingency contracting, and pro-
gram management.’’.
(b) DEADLINE FOR DEVELOPMENT OF JOINT POLICIES.—The Sec-
retary of Defense shall develop the joint policies required under 
section 2333 of title 10, United States Code, as added by subsection 
(a), not later than 18 months after the date of enactment of this 
Act. 
(c) REPORTS.—
(1) INTERIM REPORT.—
(A) REQUIREMENT.—Not later than 365 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives an interim report 
on requirements definition, contingency contracting, and 
program management. 
(B) MATTERS
COVERED.—The report shall include 
discussions of the following: 
(i) Progress in the development of the joint policies 
under section 2333 of title 10, United States Code. 
(ii) The ability of the Armed Forces to support 
requirements definition, contingency contracting, and 
program management. 
(iii) The ability of commanders of combatant com-
mands to request requirements definition, contingency 
contracting, or program management support, and the 
ability of the military departments and the acquisition 
support agencies to respond to such requests and pro-
vide such support, including the availability of rapid 
acquisition personnel for such support. 
(iv) The ability of the current civilian and military 
acquisition workforce to deploy to combat theaters of 
operations and to conduct requirements definition, 
contingency contracting, or program management 
activities during combat and during post-conflict, 
reconstruction, or other contingency operations.
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(v) The effect of different periods of deployment 
on continuity in the acquisition process. 
(2) FINAL REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the committees referred to in paragraph (1)(A) 
a final report on requirements definition, contingency con-
tracting, and program management, containing a discussion 
of the implementation of the joint policies developed under 
section 2333 of title 10, United States Code (as so added), 
including updated discussions of the matters covered in the 
interim report. In addition, the report should include a discus-
sion of the actions taken to ensure that the joint policies will 
be adequately resourced at the time of execution. 
SEC. 855. CLARIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
PROTOTYPE PROJECTS. 
Section 845(a) of the National Defense Authorization Act for 
Fiscal Year 1994 (10 U.S.C. 2371 note) is amended—
(1) in paragraph (2)(A), by inserting ‘‘or, for the Defense 
Advanced Projects Agency or the Missile Defense Agency, the 
director of the agency’’ after ‘‘(41 U.S.C. 414(c))’’; and 
(2) in paragraph (3), by inserting ‘‘or director of the Defense 
Advanced Projects Agency or Missile Defense Agency’’ after 
‘‘executive’’. 
SEC. 856. CONTRACTING WITH EMPLOYERS OF PERSONS WITH 
DISABILITIES. 
(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 sup-
porting the operation of a military dining facility that, as of 
the date of the enactment of this Act, were services on the 
procurement list established under section 2 of the Javits-
Wagner-O’Day Act (41 U.S.C. 47). 
(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 (41 U.S.C. 46 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 shall apply to any sub-
contract entered into by a Department of Defense contractor 
for full food services, mess attendant services, and other serv-
ices supporting the operation of a military dining facility. 
(3) REPEAL OF SUPERSEDED LAW.—Subsections (a) and (b) 
of section 853 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 
118 Stat. 2021) are repealed. 
(b) REVIEW AND REPORT BY COMPTROLLER GENERAL OF RAN-
DOLPH-SHEPPARD AND JAVITS-WAGNER-O’DAY CONTRACTS.—
(1) IN GENERAL.—The Comptroller General shall conduct 
a review of a representative sample of food service contracts
H. R. 5122—266
described in paragraph (2) and determine in writing the fol-
lowing: 
(A) Differences in operational procedures and adminis-
tration of contracts awarded by the Department of Defense 
under the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) 
and the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.) 
on a State-by-State basis with regard to the relationship 
between State licensing agencies and blind vendors. 
(B) Differences in competition, source selection, and 
management processes and procedures for contracts 
awarded by the Department under the Randolph-Sheppard 
Act and the Javits-Wagner-O’Day Act, including a review 
of the average total cost of contract awards and compensa-
tion packages to all beneficiaries. 
(C) Precise methods used to determine whether a price 
is fair and reasonable under contracts awarded by the 
Department under the Randolph-Sheppard Act and the 
Javits-Wagner-O’Day Act, as required under the Federal 
Acquisition Regulation and the Defense Federal Acquisition 
Regulation Supplement. 
(2) CONTRACTS COVERED.—For purposes of the review under 
paragraph (1), a food service contract described in this para-
graph is a contract—
(A) for full food services, mess attendant services, or 
services supporting the operation of all or any part of 
a military dining facility; 
(B) that was awarded under either the Randolph-
Sheppard Act or the Javits-Wagner-O’Day Act; and 
(C) that is in effect on the date of the enactment 
of this Act. 
(3) REPORT.—Not later than March 1, 2007, the Comptroller 
General shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report on 
the review conducted under this subsection, with such findings 
and recommendations as the Comptroller General considers 
appropriate. 
(c) REQUIREMENTS FOR INSPECTORS GENERAL OF DEPARTMENT 
OF DEFENSE AND DEPARTMENT OF EDUCATION.—
(1) REVIEW OF MANAGEMENT PROCEDURES.—Not later than 
March 1, 2007, the Inspector General of the Department of 
Defense and the Inspector General of the Department of Edu-
cation shall jointly review the management procedures under 
both the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and 
the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.). In carrying 
out this paragraph, the Inspectors General shall each have 
access to the following: 
(A) Memoranda on program management and the basis 
for contract award under the programs. 
(B) Guidance sent to State agencies on administration 
of the programs. 
(C) Names of participating vendors, as well as quali-
fying experience and educational background of such ven-
dors. 
(2) MEMORANDUM OF UNDERSTANDING BETWEEN INSPECTORS 
GENERAL.—Not later than 60 days after the date of the enact-
ment of this Act, the Inspector General of the Department 
of Defense and the Inspector General of the Department of
H. R. 5122—267
Education shall enter into a memorandum of understanding 
with each other to carry out paragraph (1). 
(3) REPORT.—Not later than one year after the date of 
enactment of this Act, the Inspector General of the Department 
of Defense and the Inspector General of the Department of 
Education shall jointly submit to the Committees on Armed 
Services of the Senate and the House of Representatives a 
report on the review required by paragraph (1). The report 
shall include—
(A) findings of the Inspectors General regarding the 
management procedures reviewed; and 
(B) such other information and recommendations as 
the Inspectors General consider appropriate. 
(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. 
SEC. 857. ENHANCED ACCESS FOR SMALL BUSINESS. 
Section 9(a) of the Contract Disputes Act of 1978 (41 U.S.C. 
608) is amended by striking the period at the end of the first 
sentence and inserting the following: ‘‘or, in the case of a small 
business concern (as defined in the Small Business Act and regula-
tions under that Act), $150,000 or less.’’. 
SEC. 858. PROCUREMENT GOAL FOR HISPANIC-SERVING INSTITU-
TIONS. 
Section 2323 of title 10, United States Code, is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘and’’ at the end of subparagraph (B); 
(B) by striking the period at the end of subparagraph 
(C) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new subpara-
graph: 
‘‘(D) Hispanic-serving institutions (as defined in section 
502(a) of the Higher Education Act of 1965 (20 U.S.C. 
1101a(a)).’’; 
(2) in subsection (a)(2)—
(A) by inserting after ‘‘historically Black colleges and 
universities’’ the following: ‘‘, Hispanic-serving institu-
tions,’’; and 
(B) by inserting after ‘‘such colleges and universities’’ 
the following: ‘‘and institutions’’; 
(3) in subsection (c)(1), by inserting after ‘‘historically Black 
colleges and universities’’ the following: ‘‘, Hispanic-serving 
institutions,’’; and 
(4) in subsection (c)(3), by inserting after ‘‘historically Black 
colleges and universities’’ the following: ‘‘, to Hispanic-serving 
institutions,’’.