I 

111TH CONGRESS 

2D SESSION H. R. 5983 

To revise the Javits-Wagner-O’Day Act. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2010 

Mr. TOWNS (for himself and Mr. BILBRAY) introduced the following bill; 

which was referred to the Committee on Oversight and Government Reform 

A BILL 

To revise the Javits-Wagner-O’Day Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Javits-Wagner-O’Day Act of 2010’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Committee for Purchase From People Who Are Blind or People With 

Other Significant Disabilities. 

Sec. 3. Procurement requirements for the Federal Government; nonapplication 

to prison made products. 

Sec. 4. Duties of the Committee. 

Sec. 5. Qualified nonprofit agency. 

Sec. 6. Audit. 


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Sec. 7. Establishment of Inspector General for Committee for Purchase From 

People Who Are Blind or People With Other Significant Disabilities. 

Sec. 8. Panel on the Committee and Federal procurement. 

Sec. 9. Definitions. 

Sec. 10. Sense of Congress. 

Sec. 11. Committee for Purchase Fund. 

Sec. 12. Conforming repeal. 

1 SEC. 2. COMMITTEE FOR PURCHASE FROM PEOPLE WHO 

2 ARE BLIND OR PEOPLE WITH OTHER SIGNIFI3 CANT DISABILITIES. 

4 (a) ESTABLISHMENT.—There is established an inde5 pendent Federal entity to be known as the Committee for 

6 Purchase From People Who Are Blind or People With 

7 Other Significant Disabilities (in this Act referred to as 

8 the ‘‘Committee’’). 

9 (b) MEMBERSHIP.— 

10 (1) NUMBER OF MEMBERS.—The Committee 

11 shall be composed of 17 members appointed by the 

12 President as follows: 

13 (A) One general or flag officer or Senior 

14 Executive Service or equivalent employee from 

15 each of the following: 

16 (i) The Department of Agriculture. 

17 (ii) The Department of Commerce. 

18 (iii) The Department of Defense. 

19 (iv) The Department of Education. 

20 (v) The Department of Homeland Se21 curity. 


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1 (vi) The Department of Justice. 

2 (vii) The Department of Labor. 

3 (viii) The Department of the Air 

4 Force. 

5 (ix) The Department of the Army. 

6 (x) The Department of the Interior. 

7 (xi) The Department of the Navy. 

8 (xii) The Department of Veterans Af9 fairs. 

10 (xiii) The General Services Adminis11 tration. 

12 (B) One member who is not an officer or 

13 employee of the Federal Government and who is 

14 conversant with the problems incident to the 

15 employment of people who are blind. 

16 (C) One member who is not an officer or 

17 employee of the Federal Government and who is 

18 conversant with the problems incident to the 

19 employment of people with other significant dis20 abilities. 

21 (D) One member who is not an officer or 

22 employee of the Federal Government and who 

23 represents people who are blind and employed 

24 in a qualified nonprofit agency for people who 

25 are blind. 


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1 (E) One member who is not an officer or 

2 employee of the Federal Government and who 

3 represents people with other significant disabil4 ities (other than people who are blind) who are 

5 employed in a qualified nonprofit agency for 

6 people with other significant disabilities. 

7 (2) NOMINATION OF GENERAL OR FLAG OFFI8 CER OR SENIOR EXECUTIVE SERVICE.— 

9 (A) IN GENERAL.—The head of each de10 partment or agency listed in paragraph (1)(A) 

11 shall nominate, in consultation with the Com12 mittee, one general or flag officer or Senior Ex13 ecutive Service or equivalent employee in the 

14 department or agency for appointment under 

15 such paragraph. 

16 (B) EXISTING MEMBERS.—Those officers 

17 or employees serving as members of the Com18 mittee on the effective date of this Act who are 

19 not general or flag officers or Senior Executive 

20 Service or equivalent employees may continue 

21 serving until the head of the department or 

22 agency nominates a new officer or employee and 

23 the nominated officer or employee is appointed 

24 by the President as a member on the Com25 mittee. 


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1 (c) TERMS.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), each member shall be appointed for a 

4 term of 5 years and may be reappointed to the Com5 mittee. 

6 (2) VACANCIES.— 

7 (A) IN GENERAL.—Any member appointed 

8 under subparagraphs (B), (C), (D), and (E) of 

9 subsection (b)(1) to fill a vacancy occurring be10 fore the expiration of the term for which the 

11 member’s predecessor was appointed shall be 

12 appointed only for the remainder of that term. 

13 (B) EXTENSION OF TERM.—A member 

14 may serve after the expiration of that member’s 

15 term until a successor has taken office. 

16 (C) APPOINTMENT OF MEMBER FOR VA17 CANCY.—A vacancy in the Committee shall be 

18 filled in the manner in which the appointment 

19 was made pursuant to subsection (b). 

20 (d) BASIC PAY.— 

21 (1) RATE OF PAY.—Except as provided in para22 graph (2), members of the Committee shall each be 

23 entitled to receive the daily equivalent of the annual 

24 rate of basic pay under section 5376 of title 5, 

25 United States Code, for each day (including travel 


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1 time) during which they are engaged in the actual 

2 performance of duties vested in the Committee. 

3 (2) PROHIBITION OF COMPENSATION OF FED4 ERAL EMPLOYEES.—Members of the Committee who 

5 are officers or employees of the Federal Government 

6 may not receive additional pay, allowances, or bene7 fits by reason of their service on the Committee. 

8 (e) TRAVEL EXPENSES.—Each member shall receive 

9 travel expenses, including per diem in lieu of subsistence, 

10 in accordance with applicable provisions under subchapter 

11 I of chapter 57 of title 5, United States Code. 

12 (f) STATUS OF MEMBERS.— 

13 (1) TORT CLAIM.—For the purpose of chapter 

14 171 of title 28, United States Code, each member of 

15 the Committee shall be considered to be a Federal 

16 employee. 

17 (2) FEDERAL STATUS OF MEMBERS.—Each 

18 member of the Committee shall be considered to be 

19 a Federal employee for purposes of the provisions of 

20 law relating to ethics, conflicts of interest, corrup21 tion, and any other criminal or civil statute or regu22 lation governing the conduct of Federal employees. 

23 (g) CHAIRMAN.— 


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1 (1) ELECTION.—The members of the Com2 mittee shall elect one of the members to be Chair3 man of the Committee. 

4 (2) VACANCY.—The Chairman may serve after 

5 the expiration of the term until a successor has 

6 taken office. 

7 (h) EXECUTIVE DIRECTOR, GENERAL COUNSEL, AND

8 STAFF OF COMMITTEE; EXPERTS AND CONSULTANTS.— 

9 (1) EXECUTIVE DIRECTOR AND GENERAL

10 COUNSEL.— 

11 (A) IN GENERAL.—Subject to rules pre12 scribed by the Committee, the Chairman may 

13 appoint and fix the pay of an Executive Direc14 tor and General Counsel to assist the Com15 mittee, at the direction of the Committee, in 

16 carrying out the Committee’s duties and powers 

17 under this Act. 

18 (B) EXECUTIVE DIRECTOR PAY.—The Ex19 ecutive Director shall be paid at a rate not to 

20 exceed the rate of basic pay for level II of the 

21 Executive Schedule under section 5313 of title 

22 5, United States Code. 

23 (C) GENERAL COUNSEL PAY.—The Gen24 eral Counsel shall be paid at a rate not to ex25 ceed the rate of basic pay for level III of the 


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1 Executive Schedule under section 5314 of title 

2 5, United States Code. 

3 (2) STAFF.— 

4 (A) APPOINTMENT.—Subject to rules pre5 scribed by the Committee and with the consent 

6 of the Chairman, the Executive Director may 

7 appoint and fix the pay of additional personnel 

8 as the Executive Director considers necessary. 

9 (B) APPLICABILITY OF CERTAIN CIVIL

10 SERVICE LAWS.—Personnel appointed under 

11 subparagraph (A) shall be appointed subject to 

12 the provisions of title 5, United States Code, 

13 governing appointments in the competitive serv14 ice, and shall be paid in accordance with the 

15 provisions of chapter 51 and subchapter III of 

16 chapter 53 of that title relating to classification 

17 and General Schedule pay rates. 

18 (3) CRITICAL POSITIONS.— 

19 (A) CRITICAL PAY AUTHORITY.—Notwith20 standing paragraph (2)(B) and subject to sec21 tion 5377 of title 5, United States Code, any 

22 rules prescribed by the Committee, and sub23 paragraph (B), the Executive Director may ap24 point and fix the pay of such individuals that 

25 the Executive Director considers necessary for 


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1 positions designated as critical administrative, 

2 technical, and professional. 

3 (B) LIMITATION.—The number of critical 

4 positions designated under subparagraph (A) 

5 may not exceed 15 percent of the full-time 

6 equivalent positions authorized for the Com7 mittee staff. 

8 (4) EXPERTS AND CONSULTANTS.—With the 

9 approval of the Chairman, the Executive Director 

10 may procure temporary and intermittent services 

11 under section 3109(b) of title 5, United States Code. 

12 (i) STAFF OF FEDERAL AGENCIES.—Upon request of 

13 the Committee, the head of any Federal department or 

14 agency may detail, on a reimbursable or nonreimbursable 

15 basis, any of the personnel of that department or agency 

16 to the Committee to assist it in carrying out its duties 

17 and powers under this Act. 

18 (j) POWERS OF THE COMMITTEE.— 

19 (1) OBTAINING OFFICIAL DATA.—The Com20 mittee may secure directly from any department or 

21 agency of the United States, designated central non22 profit agency, or qualified nonprofit agency, infor23 mation necessary to enable it to carry out this Act. 

24 Upon request of the Chairman of the Committee, 


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1 the head of that department or agency shall furnish 

2 that information to the Committee. 

3 (2) ADMINISTRATIVE SUPPORT SERVICES.— 

4 Upon the request of the Committee, the Adminis5 trator of General Services shall provide to the Com6 mittee, on a reimbursable basis, the administrative 

7 support services necessary for the Committee to 

8 carry out the duties and responsibilities of the Com9 mittee under this Act. 

10 SEC. 3. PROCUREMENT REQUIREMENTS FOR THE FEDERAL 

11 GOVERNMENT; NONAPPLICATION TO PRISON 

12 MADE PRODUCTS. 

13 (a) REQUIREMENT.—Except as provided in sub14 section (b), if any entity of the Federal Government in15 tends to procure any product or service, or any product 

16 or service that is essentially the same as a product or serv17 ice on the procurement list, that entity shall, in accordance 

18 with regulations of the Committee, procure such product 

19 or service, at the price established by the Committee, from 

20 a qualified nonprofit agency for people who are blind or 

21 such an agency for people with other significant disabil22 ities designated by the Committee if the product or service 

23 is available within the period required by that entity. 

24 (b) EXCEPTION.—This section shall not apply with 

25 respect to the procurement of any product that is available 


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1 for procurement from an industry established under chap2 ter 307 of title 18, United States Code, and which, under 

3 section 4124 of such title, is required to be procured from 

4 such industry. 

5 SEC. 4. DUTIES OF THE COMMITTEE. 

6 (a) OVERSIGHT.—The Committee shall oversee and 

7 carry out a program under this Act to administer and im8 plement the procurement list and other provisions of this 

9 Act. 

10 (b) PROCUREMENT LIST.— 

11 (1) IN GENERAL.—The Committee shall estab12 lish and publish in the Federal Register a list (in 

13 this Act referred to as the ‘‘procurement list’’) that 

14 includes— 

15 (A) the products produced by— 

16 (i) any qualified nonprofit agency for 

17 people who are blind; or 

18 (ii) any qualified nonprofit agency for 

19 people with other significant disabilities; 

20 and 

21 (B) the services provided by any such 

22 agency; 

23 that the Committee determines are suitable for pro24 curement by the Federal Government pursuant to 

25 this Act. 


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1 (2) ADDING AND REMOVING PRODUCTS AND

2 SERVICES FROM THE PROCUREMENT LIST.—Except 

3 as provided under paragraph (3), the Committee 

4 may, by rule made in accordance with the require5 ments of subsections (b), (c), (d), and (e) of section 

6 553 of title 5, United States Code, add to and re7 move from the procurement list products so pro8 duced and services so provided. 

9 (3) ADDING PRODUCTS AND SERVICES TO THE

10 PROCUREMENT LIST FOR COMPELLING NEED.— 

11 (A) IN GENERAL.—Notwithstanding sub12 sections (b), (c), (d), and (e) of section 553 of 

13 title 5, United States Code, and subject to sub14 paragraphs (B) and (C), the Committee may 

15 establish a process to immediately add products 

16 or services to the procurement list for a period 

17 not to exceed five years if the Committee deter18 mines that there is a compelling need to add 

19 such products or services. 

20 (B) PROCESS.—The Committee shall en21 sure that any process under subparagraph (A) 

22 provides, before adding a product or service to 

23 the list, an opportunity for a full and fair con24 sideration of input of the responsible con25 tracting activity that includes the following: 


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1 (i) The capability of the proposed 

2 nonprofit agency to provide the product or 

3 service. 

4 (ii) The extent to which the proposed 

5 price adequately reflects a fair market 

6 price. 

7 (iii) The suitability of the product or 

8 service to the contracting activity. 

9 (C) REQUIREMENTS.—Any product or 

10 service that is immediately added to the pro11 curement list pursuant to this paragraph— 

12 (i) shall be for a contract that is val13 ued at less than the simplified acquisition 

14 threshold annually; and 

15 (ii) shall meet the requirements of 

16 paragraph (2) not later than two years 

17 after the date on which such product or 

18 service is added to the procurement list. 

19 (4) DESIGNATION.—In administering the pro20 curement list, the Committee shall designate which 

21 qualified nonprofit agency may provide the products 

22 or services to the Federal Government and may 

23 transfer the responsibility to provide such products 

24 or services from any nonprofit agency to another 


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1 nonprofit agency if necessary, as provided by regula2 tions. 

3 (5) INFORMATION CAMPAIGN.—The Com4 mittee— 

5 (A) shall inform Federal agencies about 

6 the procurement list and the procurement re7 quirements under section 3 of this Act; 

8 (B) shall encourage and assist Federal 

9 agencies to identify additional products and 

10 services that would be suitable to add to the 

11 procurement list; and 

12 (C) shall encourage the private sector to 

13 work with qualified nonprofit agencies to in14 crease employment opportunities for people who 

15 are blind or people with other significant dis16 abilities. 

17 (c) FAIR MARKET PRICE; PRICE REVISION.—The 

18 Committee shall— 

19 (1) determine the fair market price of products 

20 and services that are on the procurement list and 

21 that are offered for sale to the Federal Government 

22 by any qualified nonprofit agency; and 

23 (2) revise, in accordance with changing market 

24 conditions, its price determinations with respect to 

25 such products and services. 


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1 (d) CENTRAL NONPROFIT AGENCY.— 

2 (1) DESIGNATION OF CENTRAL NONPROFIT

3 AGENCY.—To perform the duties and responsibilities 

4 under paragraph (2) and any other duties and re5 sponsibilities the Committee determines are nec6 essary to carry out the purposes of this Act in ac7 cordance with regulations, the Committee shall des8 ignate— 

9 (A) a central nonprofit agency or agencies 

10 for people who are blind that is an organization 

11 described in section 501(c)(3) of the Internal 

12 Revenue Code of 1986 and exempt from tax13 ation under section 501(a) of such Code; and 

14 (B) a central nonprofit agency or agencies 

15 for people with other significant disabilities that 

16 is an organization described in section 

17 501(c)(3) of the Internal Revenue Code of 1986 

18 and exempt from taxation under section 501(a) 

19 of such Code. 

20 (2) CENTRAL NONPROFIT AGENCY DUTIES.— 

21 The Committee may assign to the designated central 

22 nonprofit agencies the following duties and respon23 sibilities: 

24 (A) Evaluate the qualifications and capa25 bilities of the nonprofit agencies of such central 


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1 nonprofit agency and provide the Committee 

2 with relevant data regarding such nonprofit 

3 agencies. 

4 (B) Represent the nonprofit agencies of 

5 such central nonprofit agency in matters before 

6 the Committee. 

7 (C) Obtain from Federal contracting ac8 tivities such procurement information as the 

9 Committee determines is appropriate. 

10 (D) Recommend to the Committee suitable 

11 products or services to add to the procurement 

12 list. 

13 (E) Recommend to the Committee— 

14 (i) the initial fair market price for the 

15 products and services proposed to be added 

16 to the procurement list; and 

17 (ii) price changes as market condi18 tions change. 

19 (F) Allocate, in accordance with the policy 

20 guidelines of the Committee, orders for prod21 ucts and services on the procurement list to the 

22 qualified nonprofit agencies of the central non23 profit agency. 

24 (G) When authorized by the Committee, 

25 enter into contracts with Federal agencies to 


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1 provide products or services on the procurement 

2 list. 

3 (H) Submit preliminary documentation 

4 and information to support the qualification 

5 under section 5 of the nonprofit agencies of 

6 such central nonprofit agency. 

7 (I) Obtain and review annual qualification 

8 information from the nonprofit agencies of the 

9 central nonprofit agency. 

10 (J) Assist the nonprofit agencies of the 

11 central nonprofit agency to meet statutory, reg12 ulatory, and contractual requirements. 

13 (K) Assist the nonprofit agencies of the 

14 central nonprofit agency to facilitate efforts to 

15 assist employees who are interested to enter or 

16 retain other full-time or, if appropriate, part17 time competitive employment in the integrated 

18 labor market or satisfy the vocational outcome 

19 of self-employment. 

20 (L) Perform other noninherently govern21 mental functions, at the request of the Com22 mittee or a qualified nonprofit agency of the 

23 central nonprofit agency. 


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1 (3) RIGHT OF APPEAL.—The Committee shall 

2 require each designated central nonprofit agency to 

3 implement procedures— 

4 (A) that provide for a review of the deci5 sions made by the central nonprofit agency that 

6 adversely impact the qualified nonprofit agency 

7 (or agency seeking qualified status); and 

8 (B) that include a provision for a qualified 

9 nonprofit agency (or agency seeking qualified 

10 status) to appeal such adverse decision to the 

11 Committee. 

12 (e) REGULATIONS.— 

13 (1) IN GENERAL.—The Committee shall pre14 scribe regulations necessary to carry out the pur15 poses of this Act, including additions, deletions, 

16 transfers, and pricing of items on the procurement 

17 list and qualifications and fees of central nonprofit 

18 agencies. 

19 (2) PRIORITY.—The Committee shall prescribe 

20 regulations providing that, in the purchase by the 

21 Federal Government of products produced and of22 fered for sale by qualified nonprofit agencies for peo23 ple who are blind or people with other significant 

24 disabilities, priority shall be accorded to products 


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1 produced and offered for sale by qualified nonprofit 

2 agencies for people who are blind. 

3 (3) DEFINITION FOR COMPELLING NEED.—The 

4 Committee shall prescribe regulations that define 

5 ‘‘compelling need’’ for purposes of section 4(b)(3). 

6 (4) CENTRAL NONPROFIT AGENCY FEE.—The 

7 Committee shall prescribe regulations establishing 

8 an annual maximum ceiling for a fee paid by non9 profit agencies to the central nonprofit agency. 

10 (5) NONCOMPLIANCE.—The Committee shall 

11 prescribe regulations to address alleged violations of 

12 this Act and regulations prescribed pursuant to this 

13 Act by central nonprofit agencies and qualified non14 profit agencies, including progressive sanctions and 

15 an opportunity for such agencies to address and sub16 mit statements about such alleged violations to the 

17 Committee. 

18 (f) DEMONSTRATION PROJECT.—The Committee 

19 may conduct pilot or demonstration projects (on its own 

20 or in cooperation with other public, nonprofit agencies, or 

21 private agencies) on the following: 

22 (1) Methods to increase use by the Federal 

23 Government of products produced and services deliv24 ered by qualified nonprofit agencies throughout the 

25 Federal Government, including methods to remove 


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1 or mitigate any barriers or impediments to such 

2 usage. 

3 (2) Development and adaptation of production 

4 methods that would enable a greater use of people 

5 who are blind and people with other significant dis6 abilities. 

7 (g) ANNUAL REPORT AND DATA COLLECTION.— 

8 (1) ANNUAL REPORT.—The Committee shall, 

9 not later than April 1 of each year, evaluate and 

10 submit to the President and to Congress a report 

11 that includes the following: 

12 (A) The names of the Committee members 

13 serving in the preceding fiscal year. 

14 (B) The dates of Committee meetings in 

15 such fiscal year. 

16 (C) A description of the activities of the 

17 Committee under this Act in such fiscal year. 

18 (D) Data regarding compliance of Federal 

19 agencies with the requirements of this Act. 

20 (E) An analysis of the direct and indirect 

21 effects of this Act on the small business com22 munity. 

23 (F) An analysis of Federal agency level of 

24 performance with the requirements of section 3 


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1 of this Act, including number and dollar value 

2 of contracts awarded pursuant to this Act. 

3 (2) DATA COLLECTION.—At the request of the 

4 Committee, Federal agencies shall provide data to 

5 the Committee regarding compliance with the re6 quirements of this Act. 

7 (3) CENTRAL NONPROFIT AGENCIES AND

8 QUALIFIED NONPROFIT AGENCY COLLECTION OF

9 DATA.—Central nonprofit agencies and qualified 

10 nonprofit agencies shall keep records prescribed by 

11 the Committee and shall participate in data collec12 tion, including data required for preparation of the 

13 required reports. 

14 SEC. 5. QUALIFIED NONPROFIT AGENCY. 

15 (a) QUALIFIED NONPROFIT AGENCY.—In this Act, 

16 the term ‘‘qualified nonprofit agency’’ means— 

17 (1) a qualified nonprofit agency for people who 

18 are blind, as defined in subsection (b); or 

19 (2) a qualified nonprofit agency for people with 

20 other significant disabilities, as defined in subsection 

21 (c). 

22 (b) QUALIFIED NONPROFIT AGENCY FOR PEOPLE

23 WHO ARE BLIND.— 

24 (1) IN GENERAL.—In this Act, the term ‘‘quali25 fied nonprofit agency for people who are blind’’ 


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1 means a nonprofit agency for people who are blind 

2 that— 

3 (A) meets the initial qualification require4 ment under paragraph (2) and maintains quali5 fication under paragraph (3) where applicable; 

6 (B) provides employment for people who 

7 are blind; and 

8 (C) complies with all other regulations for 

9 qualified nonprofit agencies prescribed by the 

10 Committee. 

11 (2) INITIAL QUALIFICATION.—In order to meet 

12 the initial qualification requirement under this para13 graph, a nonprofit agency for people who are blind 

14 must submit a certification to the Committee 

15 through the central nonprofit agency that includes 

16 the following assurances: 

17 (A) Such nonprofit agency is organized 

18 under the laws of the United States or of a 

19 State. 

20 (B) Such nonprofit agency is operated in 

21 the best interest of people who are blind. 

22 (C) The net income of such nonprofit 

23 agency does not inure in whole or in part to the 

24 benefit of any shareholder or other individual. 


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1 (D) Such nonprofit agency uses sound or2 ganizational and personnel assignment prac3 tices, including making nondiscriminatory deci4 sions to employ and advance in employment 

5 qualified people who are blind. 

6 (E) Such nonprofit agency practices sound 

7 fiscal management in accordance with generally 

8 accepted accounting principles. 

9 (3) MAINTENANCE OF QUALIFICATION.—In 

10 order to maintain qualification under this para11 graph, a nonprofit agency for people who are blind 

12 must meet each of the following requirements: 

13 (A) Maintain all qualifications necessary 

14 for initial qualification. 

15 (B) Furnish products and services in ac16 cordance with Federal Government contracts. 

17 (C) Comply with applicable Federal pro18 curement standards, compensation, employ19 ment, and occupational health and safety stand20 ards, including procedures to encourage filling 

21 of vacancies within the agency by promotion of 

22 qualified employees who are blind. 

23 (D) Comply with regulations prescribed by 

24 the Committee. 


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1 (E) Make the records of the nonprofit 

2 agency available for review and inspection by 

3 the Committee or the designated central non4 profit agency. 

5 (F) Upon receipt of payment by the Fed6 eral agency for products or services provided 

7 under contracts awarded to qualified nonprofit 

8 agencies pursuant to this Act, pay to the cen9 tral nonprofit agency a fee not to exceed the fee 

10 ceiling established by the Committee. 

11 (G) Employ people who are blind for not 

12 less than 75 percent of the employment hours 

13 required for products or services provided under 

14 contracts awarded to qualified nonprofit agen15 cies pursuant to this Act, except as provided for 

16 under paragraph (4). 

17 (4) WAIVER FOR EMPLOYMENT REQUIRE18 MENT.— 

19 (A) WAIVER.—The Committee may waive 

20 the requirement under paragraph (3)(I) for a 

21 nonprofit agency for people who are blind if the 

22 Committee determines that— 

23 (i) the nonprofit agency employs peo24 ple who are blind at a percentage less than 

25 75 percent of the employment hours, but 


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1 not less than 51 percent of the employ2 ment hours; and 

3 (ii) the— 

4 (I) nonprofit agency is tempo5 rarily unable to meet the 75 percent 

6 requirement due to an emergency or 

7 extraordinary circumstance; 

8 (II) particular product or service 

9 is significantly complex as to make it 

10 unlikely that the nonprofit agency can 

11 meet the 75 percent employment hour 

12 requirement; or 

13 (III) nonprofit agency could em14 ploy a substantial number of people 

15 who have the most significant produc16 tivity challenges at wages at or above 

17 the applicable Federal or State min18 imum wage for the particular product 

19 or service. 

20 (B) REGULATIONS.—The Committee shall 

21 prescribe regulations on the process and the 

22 factors that determine whether to exercise the 

23 waiver authority under this paragraph. 

24 (5) REPORT.—A qualified nonprofit agency for 

25 people who are blind shall prepare and submit to the 


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1 Committee, through the applicable central nonprofit 

2 agency, a report by December 31 of each year that 

3 contains the following: 

4 (A) The number of people who are blind 

5 that provided products or services provided 

6 under contracts awarded to qualified nonprofit 

7 agencies pursuant to this Act for the previous 

8 fiscal year. 

9 (B) The number of people who are blind 

10 that received training, technical assistance, or 

11 other employment services facilitated by the 

12 agency pursuant to this Act. 

13 (C) The number of people who are blind 

14 who are in management positions or other posi15 tions within the agency with decision-making 

16 authority as set forth in the Committee regula17 tions. 

18 (c) QUALIFIED NONPROFIT AGENCY FOR PEOPLE

19 WITH OTHER SIGNIFICANT DISABILITIES.— 

20 (1) IN GENERAL.—In this Act, the term ‘‘quali21 fied nonprofit agency for people with other signifi22 cant disabilities’’ means a nonprofit agency for peo23 ple with other significant disabilities that— 


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1 (A) meets the initial qualification require2 ment under paragraph (2) and maintains quali3 fication under paragraph (3) where applicable; 

4 (B) provides employment for people with 

5 other significant disabilities; 

6 (C) may provide employment for people 

7 who are blind; and 

8 (D) complies with all other regulations for 

9 qualified nonprofit agencies prescribed by the 

10 Committee. 

11 (2) INITIAL QUALIFICATION.—In order to meet 

12 the initial qualification requirement under this para13 graph, a nonprofit agency for people with other sig14 nificant disabilities must submit a certification to 

15 the Committee through the central nonprofit agency 

16 that includes the following assurances: 

17 (A) Such nonprofit agency is organized 

18 under the laws of the United States or of a 

19 State. 

20 (B) Such nonprofit agency is operated in 

21 the best interest of people with other significant 

22 disabilities. 

23 (C) The net income of such nonprofit 

24 agency does not inure in whole or in part to the 

25 benefit of any shareholder or other individual. 


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1 (D) Such nonprofit agency uses sound or2 ganizational and personnel assignment prac3 tices, including making nondiscriminatory deci4 sions to employ and advance in employment 

5 qualified people with other significant disabil6 ities. 

7 (E) Such nonprofit agency practices sound 

8 fiscal management in accordance with generally 

9 accepted accounting principles. 

10 (3) MAINTENANCE OF QUALIFICATION.—In 

11 order to maintain qualification under this para12 graph, a nonprofit agency for people with other sig13 nificant disabilities must meet each of the following 

14 requirements: 

15 (A) Maintain all qualifications necessary 

16 for initial qualification. 

17 (B) Furnish products and services in ac18 cordance with Federal Government contracts. 

19 (C) Comply with applicable Federal pro20 curement standards, compensation, employ21 ment, and occupational health and safety stand22 ards, including procedures to encourage filling 

23 of vacancies within the agency by promotion of 

24 qualified people with other significant disabil25 ities. 


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1 (D) Comply with regulations prescribed by 

2 the Committee. 

3 (E) Make the records of the nonprofit 

4 agency available for review and inspection by 

5 the Committee or the designated central non6 profit agency. 

7 (F) Upon receipt of payment by the Fed8 eral agency for products or services provided 

9 under contracts awarded to qualified nonprofit 

10 agencies pursuant to this Act, pay to the cen11 tral nonprofit agency a fee not to exceed the fee 

12 ceiling established by the Committee. 

13 (G) Employ people with other significant 

14 disabilities for not less than 75 percent of the 

15 employment hours required for products or 

16 services provided under contracts awarded to 

17 qualified nonprofit agencies pursuant to this 

18 Act, except as provided for under paragraph 

19 (4). 

20 (4) WAIVER FOR EMPLOYMENT REQUIRE21 MENT.— 

22 (A) WAIVER.—The Committee may waive 

23 the requirement under paragraph (3)(I) for a 

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1 cant disabilities if the Committee determines 

2 that— 

3 (i) the nonprofit agency employs peo4 ple with other significant disabilities at a 

5 percentage less than 75 percent of the em6 ployment hours, but not less than 51 per7 cent of the employment hours; and 

8 (ii) the— 

9 (I) nonprofit agency is tempo10 rarily unable to meet the 75 percent 

11 requirement due to an emergency or 

12 extraordinary circumstance; 

13 (II) particular product or service 

14 is significantly complex as to make it 

15 unlikely that the nonprofit agency can 

16 meet the 75 percent employment hour 

17 requirement; or 

18 (III) nonprofit agency could em19 ploy a substantial number of people 

20 who have the most significant produc21 tivity challenges at wages at or above 

22 the applicable Federal or State min23 imum wage for the particular product 

24 or service. 


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1 (B) REGULATIONS.—The Committee shall 

2 prescribe regulations on the process and the 

3 factors that determine whether to exercise the 

4 waiver authority under this paragraph. 

5 (5) REPORT.—A qualified nonprofit agency for 

6 people with other significant disabilities shall pre7 pare and submit, through the applicable central non8 profit agency, to the Committee a report by Decem9 ber 31 of each year that contains the following: 

10 (A) The number of people with other sig11 nificant disabilities that provided products or 

12 services provided under contracts awarded to 

13 qualified nonprofit agencies pursuant to this 

14 Act for the previous year. 

15 (B) The number of people with other sig16 nificant disabilities that received training, tech17 nical assistance, or other employment services 

18 facilitated by the agency pursuant to this Act. 

19 (C) The number of people with other sig20 nificant disabilities who are in management po21 sitions or other positions within the agency with 

22 decision-making authority as set forth in the 

23 Committee regulations. 


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1 SEC. 6. AUDIT. 

2 The Comptroller General of the United States, or a 

3 duly authorized representative, shall have access, for the 

4 purpose of audit and examination, to any books, docu5 ments, papers, and other records of the Committee and 

6 of each central nonprofit agency designated by the Com7 mittee under this Act. This section shall also apply to any 

8 qualified nonprofit agency for people who are blind and 

9 any such agency for people with other significant disabil10 ities that have sold products or services under this Act 

11 but only with respect to the books, documents, papers, and 

12 other records of such agency which relate to its activities 

13 in a fiscal year in which a sale was made under this Act. 

14 SEC. 7. ESTABLISHMENT OF INSPECTOR GENERAL FOR 

15 COMMITTEE FOR PURCHASE FROM PEOPLE 

16 WHO ARE BLIND OR PEOPLE WITH OTHER 

17 SIGNIFICANT DISABILITIES. 

18 (a) ESTABLISHMENT.—Section 8G(a)(2) of the In19 spector General Act of 1978 (5 U.S.C. App.) is amended 

20 by adding after ‘‘the Board for International Broad21 casting,’’ the following: ‘‘Committee for Purchase From 

22 People Who Are Blind or People With Other Significant 

23 Disabilities,’’. 

24 (b) APPOINTMENT.—The Chairman of the Com25 mittee shall appoint an Inspector General for the ComVerDate Mar 15 2010 04:15 Aug 03, 2010 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H5983.IH H5983

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1 mittee not later than one year after the date of the enact2 ment of this Act. 

3 (c) AUTHORITY TO INVESTIGATE FEDERAL AGENCY

4 COMPLIANCE.—The Inspector General of the Committee 

5 for Purchase From People Who Are Blind or People With 

6 Other Significant Disabilities, in consultation with other 

7 inspectors general, may investigate Federal agency compli8 ance with this Act. 

9 SEC. 8. PANEL ON THE COMMITTEE AND FEDERAL PRO10 CUREMENT. 

11 (a) ESTABLISHMENT.—The Chairman of the Com12 mittee shall establish a panel to be known as the ‘‘Panel 

13 on the Committee for Purchase From People Who Are 

14 Blind or People With Other Significant Disabilities and 

15 Federal Procurement’’ (in this section referred to as the 

16 ‘‘Panel’’). 

17 (b) COMPOSITION.—The Panel shall be composed of 

18 representatives as follows: 

19 (1) A representative of the Committee ap20 pointed by the Chairman, who shall be Co-Chairman 

21 of the Panel. 

22 (2) The Under Secretary of Defense for Acqui23 sition, Technology, and Logistics, who shall serve as 

24 Co-Chairman of the Panel. 


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1 (3) A representative of the Office for Federal 

2 Procurement Policy. 

3 (4) The chief acquisition officer of the Depart4 ment of Veterans Affairs. 

5 (5) The chief acquisition officer of the Depart6 ment of Homeland Security. 

7 (6) The chief acquisition officer of the Depart8 ment of the Interior. 

9 (7) The chief acquisition officer of the General 

10 Services Administration. 

11 (8) The chief acquisition officer of the National 

12 Aeronautics and Space Administration. 

13 (9) The chief acquisition officer of the Depart14 ment of Agriculture. 

15 (10) Such other representatives as the Chair16 man of the Committee determines is appropriate. 

17 (c) DUTIES OF THE PANEL.—The duties of the Panel 

18 shall be to— 

19 (1) complete any matters assigned by the 

20 Chairman of the Committee; 

21 (2) review the actions taken by the Committee 

22 with regard to the procurement requirement under 

23 section 3 of this Act, review Federal agency compli24 ance with such requirement, and recommend, if nec25 essary, legislation, regulations, policy, or infrastrucVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H5983.IH H5983

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1 ture to increase employment of people who are blind 

2 or people with other significant disabilities through 

3 such requirement; 

4 (3) review progress made by the Committee and 

5 Federal agencies to increase employment for United 

6 States citizens who are people who are blind or peo7 ple with other significant disabilities through the re8 quirement under section 3; 

9 (4) recommend changes to the procurement 

10 practices of Federal agencies through proposed legis11 lation, regulations, policy, and infrastructure that 

12 will increase employment of people who are blind or 

13 people with other significant disabilities; and 

14 (5) recommend education and awareness of pro15 curement officials regarding the requirement under 

16 section 3. 

17 (d) MEETINGS.—The Panel shall meet as determined 

18 necessary by the Chairmen of the Panel, but not less than 

19 once every month. 

20 (e) REPORT.—Not later than 6 months after the date 

21 of the enactment of this Act, the Panel shall prepare and 

22 submit to the Chairman of the Committee and the Con23 gress a report on the activities of the Panel, including a 

24 summary of the findings and recommendations of the 

25 Panel for the fiscal year covered by the report. 


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1 (f) TERMINATION.—The Panel shall terminate on the 

2 date on which the report is submitted pursuant to sub3 section (e). 

4 SEC. 9. DEFINITIONS. 

5 In this Act: 

6 (1) CENTRAL NONPROFIT AGENCY.—The term 

7 ‘‘central nonprofit agency’’ means a central non8 profit agency designated under section 4(d). 

9 (2) EMPLOYMENT HOURS.—The term ‘‘employ10 ment hours’’ includes all work required for prepara11 tion, processing, packing, and distribution of a prod12 uct, or work directly relating to the performance of 

13 a service, and may include employment hours for su14 pervision, administration, inspection, shipping, or 

15 other directly allocable services, only when the indi16 vidual whose direct employment hours of super17 vision, administration, inspection, shipping, or other 

18 directly allocable services being counted, meets the 

19 definition of ‘‘people who are blind’’ or ‘‘people with 

20 other significant disabilities’’. 

21 (3) FEDERAL GOVERNMENT.—The term ‘‘Fed22 eral Government’’ includes any entity of the legisla23 tive branch or the judicial branch, any executive 

24 agency or military department (as such agency and 

25 department are respectively defined by sections 102 


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1 and 105 of title 5, United States Code), the United 

2 States Postal Service, and any nonappropriated fund 

3 instrumentality under the jurisdiction of the Armed 

4 Forces. 

5 (4) MAJOR LIFE ACTIVITY.—The term ‘‘major 

6 life activity’’ includes mobility, communication, self7 care, self-direction, work tolerance, or work skills. 

8 (5) PEOPLE WHO ARE BLIND.—The term ‘‘peo9 ple who are blind’’ means an individual or class of 

10 individuals whose central visual acuity does not ex11 ceed 20/200 in the better eye with correcting lenses 

12 or whose visual acuity, if better than 20/200, is ac13 companied by a limit to the field of vision in the bet14 ter eye to such a degree that its widest diameter 

15 subtends an angle of no greater than 20 degrees. 

16 (6) PEOPLE WITH OTHER SIGNIFICANT DIS17 ABILITIES.—The term ‘‘people with other significant 

18 disabilities’’ means an individual or class of individ19 uals with a physical or mental impairment or com20 bination of impairments, other than people who are 

21 blind, for whom competitive employment has not oc22 curred or currently is not occurring as demonstrated 

23 by— 

24 (A) a work function barrier or employment 

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1 ices or support on an ongoing basis, or on a re2 current basis to the degree that manifestation 

3 of the impairment is episodic, over an extended 

4 period of time; and 

5 (B) substantial limitation of two or more 

6 major life activities. 

7 (7) QUALIFIED NONPROFIT AGENCY.—The 

8 term ‘‘qualified nonprofit agency’’ has the meaning 

9 given that term in section 5. 

10 (8) SIMPLIFIED ACQUISITION THRESHOLD.— 

11 The term ‘‘simplified acquisition threshold’’ has the 

12 meaning given that term in section 4 of the Office 

13 of Federal Procurement Policy Act (41 U.S.C. 403). 

14 (9) STATE.—The term ‘‘State’’ means each of 

15 the several States, the District of Columbia, the 

16 Commonwealth of Puerto Rico, the United States 

17 Virgin Islands, Guam, American Samoa, the Com18 monwealth of the Northern Mariana Islands, the 

19 Trust Territory of the Pacific Islands, and any other 

20 territory or possession of the United States. 

21 SEC. 10. SENSE OF CONGRESS. 

22 It is the sense of Congress that the term ‘‘people with 

23 other significant disabilities’’ maintains (neither expands 

24 nor narrows) eligibility under this Act for ‘‘other severely 

25 handicapped’’ and ‘‘severely handicapped individuals’’, as 


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1 such terms are defined in the Javits-Wagner-O’Day Act 

2 (41 U.S.C. 46 et seq.), as in existence before the date of 

3 the enactment of this Act. 

4 SEC. 11. COMMITTEE FOR PURCHASE FUND. 

5 (a) ESTABLISHMENT OF FUND.—There is estab6 lished in the Treasury of the United States a separate ac7 count for the deposit of fees under this Act to be known 

8 as the Committee for Purchase Fund. 

9 (b) ASSESSMENT AND COLLECTION OF COMMITTEE

10 FEES.—The Committee shall assess and collect each year, 

11 in accordance with this section, fees from each central 

12 nonprofit agency for an amount as needed that is not more 

13 than 5 percent of the fees collected by such central non14 profit agency from qualified nonprofit agencies. 

15 (c) DEPOSIT.—The Secretary shall deposit any fees 

16 collected pursuant to subsection (b) into the Committee 

17 for Purchase Fund established by subsection (a). 

18 (d) USE OF FUNDS.— 

19 (1) IN GENERAL.—Amounts in the Committee 

20 for Purchase Fund shall be immediately available to 

21 the Committee, and shall remain available until ex22 pended, for— 

23 (A) the payment of employees for oversight 

24 and compliance purposes; and 


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1 (B) to provide for the Inspector General 

2 established pursuant to section 7. 

3 (2) FEES NOT GOVERNMENT FUNDS.—Funds 

4 obtained by, transferred to, or credited to the Com5 mittee for Purchase Fund shall not be construed to 

6 be Government funds or appropriated monies. 

7 (3) AMOUNTS NOT SUBJECT TO APPORTION8 MENT.—Notwithstanding any other provision of law, 

9 amounts in the Committee for Purchase Fund shall 

10 not be subject to apportionment for purposes of 

11 chapter 15 of title 31, United States Code, or under 

12 any other authority, or for any other purpose. 

13 (e) REGULATIONS.—Not later than 9 months after 

14 the date of the enactment of this Act, the Committee shall 

15 prescribe regulations governing the collection and payment 

16 of fees pursuant to this section. 

17 SEC. 12. CONFORMING REPEAL. 

18 The Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.) 

19 is repealed. 

Æ 


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