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[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Notices]
[Pages 90271-90274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26659]

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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

Agency Information Collection Activities; Proposals, Submissions, 
and Approvals

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

ACTION: Notice of information collection; request for comment.

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SUMMARY: The Committee for Purchase From People Who Are Blind or 
Severely Disabled operates as the U.S. AbilityOne Commission 
(Commission). This notice announces the Commission's intent to submit 
the Information Collection Request (``ICR'') described below to the 
Office of Management and Budget (OMB) for approval under applicable 
provisions of the Paperwork Reduction Act. This notice provides an 
opportunity to interested members of the public and affected agencies 
to comment on a proposed updated Nonprofit Agency (NPA) Annual 
Representations and Certifications form.

DATES: Submit comments on or before December 14, 2024.

ADDRESSES: Submit comments to www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Christopher Stewart, Compliance and 
Enforcement Attorney, Office of General Counsel, U.S. AbilityOne 
Commission, 355 E Street SW, Suite 325, Washington, DC 20024; 
telephone: (703) 254-6172; email: [email protected]. If you are 
deaf, hard of hearing, or have a speech disability and wish to access 
telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION: 
    Overview of ICR: This notice pertains to an ICR the Commission 
intends to submit to OMB for approval of an updated form that each 
AbilityOne NPA will submit annually regarding its AbilityOne Program 
performance. This is a revision of an existing form that is submitted 
on an annual reporting cycle. This ICR is consistent with OMB 
regulations at 5 CFR part 1320, which implement provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) These 
regulations require the Commission to provide an opportunity to 
interested members of the public and affected agencies to comment on 
information collection and recordkeeping activities (see 5 CFR 
1320.8(d)) such as those proposed to be implemented through this 
updated form.
    The Commission is responsible for implementing the Javits-Wagner-
O'Day (JWOD) Act, 41 U.S.C. 8501-8506. In doing so, the Commission 
oversees the AbilityOne Program (Program), a program in which 
individuals who are blind or have significant disabilities provide 
products and services to Federal agencies, thereby creating employment 
opportunities for such individuals. The Commission maintains a 
Procurement List of mandatory source products and services provided by 
approximately 400 qualified nonprofit agencies (NPAs). The individuals 
who are blind or have significant disabilities performing direct labor 
tasks for NPA-employers are called ``qualifying direct labor 
employees.'' The Commission also established the term ``participating 
employees'' to mean the subset of such qualifying direct labor 
employees who work on AbilityOne contracts.
    The implementing regulations for the JWOD Act, which are located at 
41 CFR chapter 51, provide the requirements, procedures, and standards 
for the Program. Section 51-4.3 of the regulations sets forth the 
requirements that an NPA must meet to maintain qualification for 
participation in the Program. Under this section of the regulations, an 
NPA must submit a completed copy of the appropriate Annual 
Certification form. This documentation helps the Commission determine 
whether the NPA is meeting the qualification requirements of the 
Program. The Commission has also published policies regarding 
compliance requirements for qualified NPAs.
    This information collection request seeks approval for the 
Commission to update its collection of information necessary to 
annually verify an NPA's compliance with Program requirements, as 
required by statute, regulations, and policies, as well to update its 
collection of the NPA's performance data to assess the total effect and 
effectiveness of the AbilityOne Program. The proposed form is called 
the Annual Representations and Certifications (ARC) for AbilityOne 
Qualified Nonprofit Agencies.
    As part of the Commission's modernization of the Program, the 
updated ARC form will collect limited aggregate information: (1) NPA 
Program-related revenue and Program-related subcontracting; (2) a 
headcount of qualifying direct labor employees and other NPA employees 
who perform direct labor; (2) the direct labor hours performed by 
qualifying direct labor employees and others; (3) a headcount of 
veterans employed by the NPA; (4) the wages paid to participating 
employees and other NPA employees who perform direct labor; (5) 
employment benefits offered to

[[Page 90272]]

participating employees; (6) employment mobility outcomes (e.g., 
internal promotion, employment with a new employer, etc.) achieved by 
participating employees; (7) the source of disability eligibility 
determination documentation for participating employees; and (8) eleven 
(11) questions about general NPA function, governance, and support(s) 
received from its designated Central Nonprofit Agency (CNA).
    To streamline the ARC as compared to its predecessor form, the 
Commission removed the following: (1) questions about NPA governance, 
NPA-Program requirements, and Program integrity questions requiring 
yes/no responses, as those matters will be separately monitored by the 
designated CNA's compliance program; (2) the NPA's revenue, wages paid 
to direct labor employees, and subcontracting expenditures for work 
performed by the NPA that is not subject to the Program; and (3) career 
mobility outcomes generated from an NPA's vocational rehabilitation 
activities (previously called direct placement). In this ARC 
modification, the Commission requires a limited expansion in reporting: 
(1) the headcount and cumulative employment of qualifying direct labor 
employees and other NPA employees who perform direct labor; (2) wages 
(total wages and other benefits paid) to participating employees and 
other NPA employees who perform direct labor; (3) the source(s) of 
disability determination documentation; (4) employment benefits offered 
to participating employees (select all that apply); and (5) general 
information about the number of board members that self-identify as 
having a disability, whether the Program contract worksites are 
represented by union(s), and what types of supports the NPA received 
from its designated CNA.
    The proposed updated ARC is available at www.abilityone.gov.
    The ARC will be required annually after the close of the Federal 
fiscal year. In accordance with 41 CFR 51-4.3(a), each NPA must submit 
the ARC to its responsible CNA by November 1. The form will be 
completed and submitted electronically.
    The Commission published a sixty-day notice for this ICR on May 3, 
2024. The Commission received twenty-six (26) comments from various 
stakeholders in response to the notice. Comments were received from 
NPAs, CNAs, and other stakeholders. In addition to general comments, 
the comments can be grouped into those that questioned the Commission's 
need to collect certain data, comments that sought clarification of 
definitions or specific data elements, comments about career mobility 
data, comments about benefits-related data, comments about 
subcontracting data, and comments that questioned the Commission's 
estimated time burden for completing the form.
    Among the general comments, some included requests for instructions 
for the form, or for the definitions of various terms used in the form 
to be made clearer. A few commenters supported the Commission's stated 
purposes of helping ensure the integrity of and furthering the mission 
of the AbilityOne Program. One stated that the forms present a good 
opportunity to increase transparency and ensure program accountability. 
Several commenters noted that the proposed form collected many of the 
same data elements collected by the CNAs and wanted to ensure there 
would not be duplication of data collection.
    Among the comments questioning the Commission's need to collect 
certain data, some commenters asserted that the proposed data 
collection exceeded the Commission's statutory authority or went beyond 
collecting data pertaining to NPA qualification requirements. Some 
commenters stated that the rationale for collecting the information 
published in the 60-day notice was too general to substantiate the 
collection. Others requested information about the Commission's planned 
use for the information.
    Among the comments about specific data elements to be collected, 
some questioned the need to collect data regarding the source of 
participating employees' disability eligibility determination. Some 
commenters questioned the purpose of collecting the number of employees 
on October 1, September 30, and a cumulative value, and requested 
clarification of the term ``cumulative.'' Some questioned the purpose 
and benefit of collecting the number of employees with disabilities 
performing indirect labor, particularly if that data element is 
optional, as the form makes clear. Many commenters were critical of the 
data request for mean (average) and median hourly wages paid, citing 
the burden in providing such data and questioning the utility of such 
data. Some of those commenters requested a definition and/or 
clarification of the terms ``mean'' and ``median.'' Many commenters 
noted their concerns with collecting data regarding the employment of 
spouses and dependents of veterans, requested the definition of a 
``dependent,'' and noted that such data was not currently collected by 
the NPAs.
    Many commenters questioned the need for data regarding career 
mobility of participating employees. Some asked for clarification of 
the three types of career mobility referenced in the form (lateral, 
upward and outward). Others sought clarification of an ``NPA system for 
career mobility'' and suggested simply using the term ``NPA'' instead. 
One commenter suggested that ``demotion'' be included as a category. 
Some commenters stated that NPAs often do not know where an employee 
has gone, including what new jobs they may have attained, when an 
employee has chosen to leave. One commenter stated that NPAs contacting 
departing or former employees for feedback on employment mobility 
outcomes would be burdensome. Finally, some commenters requested the 
ability to note on the form that the employee has not desired any new 
career opportunities.
    Among the comments regarding the benefits-related data requested, 
some questioned the relevance of collecting this data. Some commenters 
noted that employees may choose to opt out of receiving certain 
benefits. Some commenters were supportive of collecting employment 
benefits data but suggested that it would be useful to provide a free 
text option for the NPA to explain its benefits system.
    Several comments related to the scope of the data requested about 
subcontracts. Some commenters requested a definition of ``subcontract'' 
and ``subcontractor.'' Some sought clarification of the timeframe for 
reporting subcontracts, while others sought clarification on how to 
accurately report whether the subcontractor's employees and NPA 
employees were occupying the same labor positions and whether the 
subcontractor had offered jobs to NPA employees. One commenter 
recommended that the Commission add Service-Disabled Veteran-Owned 
Small Businesses as a category for small business subcontract 
reporting.
    Among the comments that questioned the Commission's estimated time 
burden, several commenters suggested that the Commission's estimated 
time burden was inadequate or understated. Two offered a time burden 
amount for the previous form, but neither commented whether the time 
burden for the proposed form would be higher, lower, or approximately 
the same as the previous form. Only one commenter offered an estimate 
that the proposed form would require 20 hours to collect and report the 
required data.
    Some commenters stated that it may be costly and onerous to report 
the number of participating employees by the medical documentation 
source.

[[Page 90273]]

Another commenter stated it may be burdensome to calculate and report 
employees with disabilities employed in indirect labor functions, but 
did not offer any details as to why that would be difficult and did not 
offer an estimate of the additional time it would take to make that 
calculation. One commenter said that it may be burdensome to report 
low, high, and average hourly wages paid to participating employees.
    Other commenters stated it would be burdensome to report the 
percentage of employees that elect to receive the NPA-provided health 
insurance or the cash payment instead, but did not offer details as to 
why that would be difficult and did not offer an estimate of the 
additional time it would take to determine that number.
    The two CNAs, as commenters, stated that the burden to modify their 
data collection system was not considered in the burden estimate.
    The Commission appreciates the comments it received and has made a 
number of modifications in the revised form available with this notice.
    As a general matter, the Commission modified and reduced the data 
collection in the proposed form. To address the apparent confusion 
regarding whether the proposed form will duplicate existing data 
collections, the Commission has made clear that the proposed form 
replaces and supersedes the previous, similarly named annual 
certification required from NPAs. In addition, the Commission has made 
clear that it expects the CNAs to collect the data from this form in a 
manner that does not duplicate the manner in which the CNAs currently 
collect much of the same data. These points have been discussed in a 
variety of public meetings and forums and will continue to be 
articulated by the Commission.
    With respect to the Commission's authority and need to collect the 
data, some of the information being collected is required by law, 
regulation, or policy, while other information is needed to ensure that 
the Program operates efficiently, successfully, and in accord with the 
mission of the Program. In order to strengthen and grow the employment 
opportunities offered through the AbilityOne Program, the Commission 
needs quantitative data to demonstrate the Program's integrity, to 
reflect the number and nature of good jobs offered in the Federal 
contracts obtained through the sole-source procurement process of the 
Program, and to determine the positive employment outcomes, including 
opportunities for career mobility, that currently exist in the Program.
    The Commission's collection of data about the sources of employees' 
disability qualification documentation will be used to help ensure and 
demonstrate that individuals working on AbilityOne projects have 
qualifying disabilities and are eligible for the hiring opportunities 
available through the sole-source procurement program. Another proposed 
data collection form, the ``Participating Employee Information'' form, 
will collect in an electronic system the source of disability 
documentation at the time of hire for new employees, as well as for 
individuals currently employed on the AbilityOne contracts. The 
Commission expects this electronic collection will enable an NPA to 
auto-calculate the aggregate number of employees by medical 
documentation source. Indeed, the Commission has conveyed to each CNAs 
that it expects the CNA's electronic data system to enable such auto-
population.
    In response to requests for clarification of various terminology 
used in the form, the Commission has changed the term ``cumulative'' to 
the term ``total employed during the year'' to clarify the value 
required in the participating employee count table. The Commission has 
also modified the question regarding ``number of employees who are 
blind or have a significant disability performing indirect labor'' to 
``number of employees who self-identify as a person with a disability 
performing indirect labor'' to clarify that is a count of indirect 
labor employees that self-identify as having a disability.
    The Commission has removed the question regarding the median hourly 
wages paid to participating employees so as to reduce the burden on 
NPAs in calculating the median hourly wage. The data request for the 
mean hourly wages paid has been changed so that a field will be 
automatically calculated once the NPA has entered the count of 
participating employees during the fiscal year and the wages paid to 
participating employees.
    The Commission has removed the request for data regarding the 
number of military spouses or dependents hired by the NPA on Federal 
contracts obtained through the AbilityOne Program, thus eliminating the 
need to further define those terms. That data is often of interest to 
Federal agencies, particularly the Department of Defense, as the agency 
considers whether to ask or agree that a contract be placed on the 
AbilityOne sole-source procurement list. The NPAs that collect such 
data often include that information when they bid for contracts. 
However, data requests regarding employment of veteran spouses or 
dependents will not be included on this form.
    The Commission revised the question seeking the percentage of 
participating employees that utilize NPA-provided health insurance (or 
cash in lieu of the benefit). The form now simply provides check boxes 
for the NPA to indicate which benefits are offered. Based on comments 
received, ``tuition assistance or other education support'' is now 
included in the list of benefits offered. In addition, an ``other'' 
category has been added, along with an option to enter free text 
describing an employment benefit that is not listed on the form. 
Finally, an additional free text box has been added so an NPA can 
provide additional information on its benefits structure, if it wishes 
to do so.
    The measurement of participating employee career mobility is 
particularly important to the Commission's demonstration that the 
AbilityOne Program offers a wide range of good jobs. The Commission 
added parenthetical explanations for the employment mobility outcome 
terms--lateral movement, upward movement, and outward movement--and has 
added ``demotion'' as a potential outcome.
    The Commission also added an option to allow the NPA to note that 
the employee has a ``stated desire to remain in present position.'' As 
a subset of that answer, the form has an option for the NPA to note 
that the employee has ``expressed concern regarding potential 
government benefit disqualification as a result of increased wages.''
    The Commission has included an option of ``unknown'' regarding an 
employee's desire to remain in a current labor position. However, once 
NPAs are required to engage in annual career planning with their 
employees, the NPA will be expected to know the answer to whether a 
participating employee wishes to remain in their current labor 
position.
    The Commission has significantly modified the requested information 
regarding subcontracting of work on the Procurement List. It has 
removed entirely the section seeking data on whether participating 
employees are performing the same or similar jobs as employees of the 
subcontractor. This data will be relevant when an NPA is a prime 
contractor and subcontracts with an entity in which the employees of 
the subcontractor and the NPAs participating employees perform the same 
or similar jobs. This is an approach the Commission is exploring as a 
means of increasing integration in the workplace, but it is not yet a 
common practice in the Program.

[[Page 90274]]

    The Commission has also removed the question regarding whether a 
subcontractor has employed participating employees. While this data is 
relevant regardless of whether participating employees are doing the 
same or similar job as subcontractor employees, it is not yet the norm 
for NPAs to require that their subcontractors have a mechanism by which 
the subcontractor will view participating employees as a talent pool to 
draw upon for employment.
    Finally, the Commission has removed all collection of information 
about an NPA's subcontracts on contracts obtained independently of the 
AbilityOne Program.
    The Commission has added Service-Disabled Veteran-Owned Small 
Business as a choice of a subcontractor business entity type. The 
Commission will also define the terms ``subcontract'' and 
``subcontracting'' in the instructions for the proposed form.
    With regard to the time burden estimate, the Commission has revised 
its estimate for an NPA to complete the proposed form from eight (8) 
hours to twenty (20) hours.
    One commenter suggested that ten (10) hours was more realistic for 
completing the form, while a second commenter suggested that twenty 
(20) hours was the appropriate estimate. No other commenters suggested 
alternative time estimates.
    In order to be conservative, the Commission now estimates that an 
NPA will need twenty (20) hours to complete the proposed form. The 
Commission estimates that it will take a human resources staff person 
(or an equivalent staff person) nine (9) hours to complete some 
sections of the form; a financial specialist nine (9) hours to complete 
other sections of the form, and two (2) hours by the Principal Officer 
to review and certify the form.
    To calculate the cost burden for this average annual burden, the 
Commission used national average pay data from the U.S. Bureau of Labor 
Statistics, using the May 2023 National Occupational Employment and 
Wage Estimate of $36.57 as the mean hourly wage for a Human Resources 
Specialist (OC 13-1070), $46.37 as the mean hourly wage for a Financial 
Specialist (OC 13-2000), and $124.47 as the mean hourly wage for a 
Chief Executive Officer (OC 11-1011). See https://www.bls.gov/news.release/ocwage.t01.htm.
    The table below represents the time and cost burden the Commission 
estimates this form will necessitate.

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                                                            Annual form     Total time burden   Annual form cost
                     NPA positions                         burden (hours)   for all employees   burden (dollars)
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HR Specialist..........................................                  9  .................            $329.13
Financial Specialist...................................                  9  .................             417.33
Principal Officer......................................                  2  .................             248.94
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    Total..............................................                 20  .................             995.40
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    With respect to this collection of information via the proposed 
form, the Commission welcomes comments on the following:
    1. The necessity to collect this information to support the 
Commission's mission and oversight responsibilities;
    2. Methodology to improve the accuracy of the estimated time 
burden;
    3. Suggestions or methods to minimize the burdens associated with 
collecting the information described in this ICR.

Michael R. Jurkowski,
Director, Business Operations.
[FR Doc. 2024-26659 Filed 11-14-24; 8:45 am]
BILLING CODE 6353-01-P
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