118 STAT. 2021 PUBLIC LAW 108–375—OCT. 28, 2004 SEC. 852. INAPPLICABILITY OF CERTAIN FISCAL LAWS TO SETTLE MENTS UNDER SPECIAL TEMPORARY CONTRACT CLOSE OUT AUTHORITY. Section 804(a) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1541) is amended— (1) by inserting ‘‘(1)’’ after ‘‘(a) AUTHORITY.—’’; and (2) by adding at the end the following new paragraph: ‘‘(2) Under regulations which the Secretary of Defense may prescribe, a settlement of a financial account for a contract for the procurement of property or services under paragraph (1) may be made without regard to— ‘‘(A) section 1301 of title 31, United States Code; and ‘‘(B) any other provision of law that would preclude the Secretary from charging payments under the contract— ‘‘(i) to an unobligated balance in an appropriation avail able for funding that contract; or ‘‘(ii) if and to the extent that the unobligated balance (if any) in such appropriation is insufficient for funding such payments, to any current appropriation that is avail able to the Department of Defense for funding contracts for the procurement of the same or similar property or services.’’. SEC. 853. CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES. (a) INAPPLICABILITY OF RANDOLPH SHEPPARD ACT TO MESS HALL SERVICES UNDER EXISTING JAVITS WAGNER O’DAY ACT CON TRACTS.—(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 contract is in effect, including for any period for which the contract is extended pursuant to an option provided in the contract. (2) Paragraph (1) applies to any contract for the operation 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 that— (A) was entered into before September 30, 2005, with a qualified nonprofit agency for the blind or a qualified nonprofit agency for other severely handicapped in compliance with sec tion 3 of the Javits Wagner O’Day Act (41 U.S.C. 48); and (B) either— (i) is in effect on such date; or (ii) was in effect on November 24, 2003. (b) INAPPLICABILITY OF JAVITS WAGNER O’DAY ACT TO MESS HALL SERVICES UNDER EXISTING RANDOLPH SHEPPARD ACT CON TRACTS.—(1) The Javits Wagner O’Day Act (41 U.S.C. 46 et seq.) does not apply to 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. (2) Paragraph (1) applies to any contract for the operation 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 that— (A) was entered into before September 30, 2005, with a State licensing agency under the Randolph Sheppard Act (20 U.S.C. 107 et seq.); and
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