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DOD/OS RIN: 0790-AL89 Publication ID: Spring 2025 
Title: ●Vending Facility Program for the Blind on DoD-Controlled Federal Property 
Abstract:

These amendments would remove DoD from Randolph-Sheppard Act (RSA) requirements. Prescribes requirements and operating procedures for the vending facility program for the blind on DoD-controlled Federal property. The RSA, 20 U.S.C. 107 and implemented by Department of Education (DoE), provides that Federal Agencies will provide blind individuals priority for the placement and operation of "vending facilities," the statutory definition of which includes cafeterias. Federal courts have interpreted cafeteria to include military dining facilities (DFACs). The DoE complaint resolution process, defined in 34 CFR Part 395.37, enables a State Licensing Agency (SLA), which was not within the competitive proposal range, to delay a DFAC or other contract award for years thru the arbitration process. RSA arbitration panels are under no time constraint and there are no panel member qualification requirements. Potential RSA arbitration places DoD at risk of being unable to complete actions to implement food transformation in a cost effective and timely manner putting military readiness in jeopardy. Additionally, DoE posted a draft regulation in the CFR on Jan 10, 2025, which would expand RSA SLA authority over military exchanges, MWR, and DeCA business operations, directly degrading revenues which are used to support critical military readiness programs.

 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
EO 14192 Designation: Regulatory 
CFR Citation: 32 CFR 260   
Legal Authority: 20 USC 107 et seq    34 CFR 395   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2025 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
William R. Sprance
Associate Deputy General Counsel (Personnel & Health Policy)
Department of Defense
Office of the Secretary
1600 Defense Pentagon ,
Washington , DC 20301-1600
Phone:703 571-9457
Email: william.r.sprance.civ@mail.mil