### COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

41 CFR Ch. 51

Semiannual Regulatory Agenda

AGENCY: Committee for Purcha se From People Who Are Blind or Severely Disabled.

ACTION: Semiannu al reg u latory agenda.

SUMMARY: This do cu ment sets forth the regulatory agenda of the Committee for Purchase From People Who Are Blind or Severely Disabled (Committ ee). This agenda is issued in accordance with Executive Order 12866 and the Regulatory Flexibility Ac t. The agenda lists regulations that are currently under development or review or that the Committee expects to have under development or review during the next 12 months. The purpose for publishing this agenda is to advise the public of the Committee’s current and future regulatory actions.

FOR FURTHER INFORMATION CONTACT: For furthe r inform ation on the agenda in general, contact Dennis Lockard, General Counsel, Committee for Purchase From People Who Are Blind or Severely Disabled, 1421 Jefferson Davis Highway, Jefferson Plaza 2, Suite 10800, Arlington, VA, 22202-3259; (703) 603-2121. For information about a specific regulation project listed on the agenda, contact the person designated in the agenda for that regulation.

SUPPLEMENTARY INFORMATION: Und e r Executive Orde r 12866 (58 FR 51735, Oct. 4, 1993), each agency is required to prepare an agenda of all regulat ions under development or review. The Regulatory Flexibility Act (5 U.S.C. 601-612) has a similar agenda requirement (5 U.S.C. 602). Under the law, the agenda must list any regulation that is likely to hav e a significant economic impact on a substantial number of small entities.

The Office of Management and Budget has issued guideline s p rescribing the form and content of the regulatory agenda. Under those guidelines, the agenda must list all regulatory activities being conducted or reviewed in the next 12 months and provide certain sp ecified information on each regulation. All of the items on this agenda are current or projected rulemakings.

Dated: Sep t ember 13, 2010.

NAME: E. Ballard, Executive Director.The 3 Regulatory Agendas

Committee for Purchase From People Who Are Blind or Severely Disabled - Long-term Action

Title Regulation Identifier Number
Accountability Standards for Designated Central Nonprofit Agencies and Nonprofit Agencies Participating in the AbilityOne Program Under the Authority of the Javits-Wagner-O’Day Act 3037-AA00

AbilityOne Program; Determining Whether Commodities Are "Essentially the Same" 3037-AA01

AbilityOne Program; Suitability Criteria and Determinations 3037-AA03

Committee for Purchase From People Who Are Blind or Severely Disabled ( CPBSD ) RIN: 3037-AA00

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Title: Accountability Standards for Designated Central Nonprofit Agencies and Nonprofit Agencies Participating in the AbilityOne Program Under the Authority of the Javits-Wagner-O’Day Act
Abstract: The Committee for Purchase From People Who Are Blind or Severely Disabled (Committee), which is responsible for administering and overseeing the implementation of the Javits-Wagner-O'Day Act, is proposing to require designated central and other participating nonprofit agencies to take specific steps to adhere to accountability standards established by the Committee. A key element of this proposed rule is to ensure that executive compensation is such that revenue of a designated central or other affiliated nonprofit agency, generated through the AbilityOne Program’s authority, does not unreasonably inure to an individual, executive, or professional staff member. The proposed rule is also intended to ensure that only qualified, capable, and compliant central nonprofit and nonprofit agencies are allowed to receive and retain Javits-Wagner-O'Day Act sponsored government contracts. Finally, this rule will require central nonprofit agencies to adhere to the fee guidance established herein.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No
CFR Citation: 41 CFR 51-1 to 51-4 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 41 USC 46 to 48c Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined

NPRM 11/12/2004 69 FR 65395
NPRM Comment Period Extended 12/03/2004 69 FR 70214
NPRM Comment Period End 02/10/2005

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No Energy Affected: No Agency Contact: Dennis Lockard General Counsel Committee for Purchase From People Who Are Blind or Severely Disabled Suite 10800 Jefferson Plaza 2 1421 Jefferson Davis Highway Arlington , VA 22202-3259 Phone: 703 603-2121 FAX: 703 603-0655 E-Mail: dlockard@abilityone.govCommittee for Purchase From People Who Are Blind or Severely Disabled ( CPBSD ) RIN: 3037-AA01

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Title: AbilityOne Program; Determining Whether Commodities Are "Essentially the Same"
Abstract: The Committee for Purchase From People Who Are Blind or Severely Disabled (Committee), which is responsible for administering the Javits-Wagner-O'Day Act through the AbilityOne Program, proposes to amend its regulations by adding guidelines for Federal agencies' use in determining whether commercial commodities are "essentially the same" as items on the Procurement List. The Procurement List is the official list of commodities and services that the Committee has determined to be suitable for provision to the Government by nonprofit agencies employing people who are blind or who have other severe disabilities and that, pursuant to the Javits-Wagner-O'Day Act and the regulations, must be purchased from the source designated by the Committee. The guidelines for Federal agencies would clarify the meaning and applicability of the term "essentially the same," which currently appears but is not defined in the Committee's regulations. As such, the guidelines would assist Federal employees who make purchasing decisions in complying with the Javits-Wagner-O'Day Act.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No
CFR Citation: 41 CFR 51-5 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 41 USC 46 to 48c Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Federalism: No Energy Affected: No Agency Contact: Nancy Myrick Director, Policy and Programs Committee for Purchase From People Who Are Blind or Severely Disabled Suite 1000 Jefferson Plaza 2 1421 Jefferson Davis Highway Arlington , VA 22202-3259 Phone: 703 603-2128 FAX: 703 603-0655 E-Mail: nmyrick@abilityone.gov

Committee for Purchase From People Who Are Blind or Severely Disabled ( CPBSD ) RIN: 3037-AA03

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Title: AbilityOne Program; Suitability Criteria and Determinations
Abstract: The Committee for Purchase From People Who Are Blind or Severely Disabled (Committee), which is responsible for administering and overseeing the implementation of the Javits-Wagner-O'Day Act, is planning to propose to amend its regulations by revising and clarifying the current suitability criteria in 41 CFR 51-2.4. These criteria are used by the Committee to make determinations regarding whether a commodity or service is suitable to be added to the Procurement List, which is the list of commodities and services that the Committee has determined are to be furnished to the Government by nonprofit agencies employing people who are blind or who have other severe disabilities pursuant to the Javits-Wagner-O'Day Act and the regulations.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No
CFR Citation: 41 CFR 51-2 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 41 USC 46 to 48c Legal Deadline: None

Timetable:

Action Date FR CiteNext Action Undetermined

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State
Federalism: No Energy Affected: No Agency Contact: Dennis Lockard General Counsel Committee for Purchase From People Who Are Blind or Severely Disabled Suite 10800 Jefferson Plaza 2 1421 Jefferson Davis Highway Arlington , VA 22202-3259 Phone: 703 603-2121 FAX: 703 603-0655 E-Mail: dlockard@abilityone.gov