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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Javits-Wagner-O’Day Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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 Dis-
abilities. 
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. 
SEC. 2. COMMITTEE FOR PURCHASE FROM PEOPLE WHO 
ARE BLIND OR PEOPLE WITH OTHER SIGNIFI-
CANT DISABILITIES. 
(a) ESTABLISHMENT.—There is established an inde-
pendent Federal entity to be known as the Committee for 
Purchase From People Who Are Blind or People With 
Other Significant Disabilities (in this Act referred to as 
the ‘‘Committee’’). 
(b) MEMBERSHIP.— 
(1) NUMBER
OF
MEMBERS.—The Committee 
shall be composed of 17 members appointed by the 
President as follows: 
(A) One general or flag officer or Senior 
Executive Service or equivalent employee from 
each of the following: 
(i) The Department of Agriculture. 
(ii) The Department of Commerce. 
(iii) The Department of Defense. 
(iv) The Department of Education. 
(v) The Department of Homeland Se-
curity. 
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(vi) The Department of Justice. 
(vii) The Department of Labor. 
(viii) The Department of the Air 
Force. 
(ix) The Department of the Army. 
(x) The Department of the Interior. 
(xi) The Department of the Navy. 
(xii) The Department of Veterans Af-
fairs. 
(xiii) The General Services Adminis-
tration. 
(B) One member who is not an officer or 
employee of the Federal Government and who is 
conversant with the problems incident to the 
employment of people who are blind. 
(C) One member who is not an officer or 
employee of the Federal Government and who is 
conversant with the problems incident to the 
employment of people with other significant dis-
abilities. 
(D) One member who is not an officer or 
employee of the Federal Government and who 
represents people who are blind and employed 
in a qualified nonprofit agency for people who 
are blind. 
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(E) One member who is not an officer or 
employee of the Federal Government and who 
represents people with other significant disabil-
ities (other than people who are blind) who are 
employed in a qualified nonprofit agency for 
people with other significant disabilities. 
(2) NOMINATION OF GENERAL OR FLAG OFFI-
CER OR SENIOR EXECUTIVE SERVICE.— 
(A) IN GENERAL.—The head of each de-
partment or agency listed in paragraph (1)(A) 
shall nominate, in consultation with the Com-
mittee, one general or flag officer or Senior Ex-
ecutive Service or equivalent employee in the 
department or agency for appointment under 
such paragraph. 
(B) EXISTING MEMBERS.—Those officers 
or employees serving as members of the Com-
mittee on the effective date of this Act who are 
not general or flag officers or Senior Executive 
Service or equivalent employees may continue 
serving until the head of the department or 
agency nominates a new officer or employee and 
the nominated officer or employee is appointed 
by the President as a member on the Com-
mittee. 
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(c) TERMS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), each member shall be appointed for a 
term of 5 years and may be reappointed to the Com-
mittee. 
(2) VACANCIES.— 
(A) IN GENERAL.—Any member appointed 
under subparagraphs (B), (C), (D), and (E) of 
subsection (b)(1) to fill a vacancy occurring be-
fore the expiration of the term for which the 
member’s predecessor was appointed shall be 
appointed only for the remainder of that term. 
(B) EXTENSION
OF
TERM.—A member 
may serve after the expiration of that member’s 
term until a successor has taken office. 
(C) APPOINTMENT OF MEMBER FOR VA-
CANCY.—A vacancy in the Committee shall be 
filled in the manner in which the appointment 
was made pursuant to subsection (b). 
(d) BASIC PAY.— 
(1) RATE OF PAY.—Except as provided in para-
graph (2), members of the Committee shall each be 
entitled to receive the daily equivalent of the annual 
rate of basic pay under section 5376 of title 5, 
United States Code, for each day (including travel 
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time) during which they are engaged in the actual 
performance of duties vested in the Committee. 
(2) PROHIBITION OF COMPENSATION OF FED-
ERAL EMPLOYEES.—Members of the Committee who 
are officers or employees of the Federal Government 
may not receive additional pay, allowances, or bene-
fits by reason of their service on the Committee. 
(e) TRAVEL EXPENSES.—Each member shall receive 
travel expenses, including per diem in lieu of subsistence, 
in accordance with applicable provisions under subchapter 
I of chapter 57 of title 5, United States Code. 
(f) STATUS OF MEMBERS.— 
(1) TORT CLAIM.—For the purpose of chapter 
171 of title 28, United States Code, each member of 
the Committee shall be considered to be a Federal 
employee. 
(2) FEDERAL
STATUS
OF
MEMBERS.—Each 
member of the Committee shall be considered to be 
a Federal employee for purposes of the provisions of 
law relating to ethics, conflicts of interest, corrup-
tion, and any other criminal or civil statute or regu-
lation governing the conduct of Federal employees. 
(g) CHAIRMAN.— 
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(1) ELECTION.—The members of the Com-
mittee shall elect one of the members to be Chair-
man of the Committee. 
(2) VACANCY.—The Chairman may serve after 
the expiration of the term until a successor has 
taken office. 
(h) EXECUTIVE DIRECTOR, GENERAL COUNSEL, AND 
STAFF OF COMMITTEE; EXPERTS AND CONSULTANTS.— 
(1) EXECUTIVE
DIRECTOR
AND
GENERAL 
COUNSEL.— 
(A) IN GENERAL.—Subject to rules pre-
scribed by the Committee, the Chairman may 
appoint and fix the pay of an Executive Direc-
tor and General Counsel to assist the Com-
mittee, at the direction of the Committee, in 
carrying out the Committee’s duties and powers 
under this Act. 
(B) EXECUTIVE DIRECTOR PAY.—The Ex-
ecutive Director shall be paid at a rate not to 
exceed the rate of basic pay for level II of the 
Executive Schedule under section 5313 of title 
5, United States Code. 
(C) GENERAL COUNSEL PAY.—The Gen-
eral Counsel shall be paid at a rate not to ex-
ceed the rate of basic pay for level III of the 
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Executive Schedule under section 5314 of title 
5, United States Code. 
(2) STAFF.— 
(A) APPOINTMENT.—Subject to rules pre-
scribed by the Committee and with the consent 
of the Chairman, the Executive Director may 
appoint and fix the pay of additional personnel 
as the Executive Director considers necessary. 
(B) APPLICABILITY
OF
CERTAIN
CIVIL 
SERVICE
LAWS.—Personnel appointed under 
subparagraph (A) shall be appointed subject to 
the provisions of title 5, United States Code, 
governing appointments in the competitive serv-
ice, and shall be paid in accordance with the 
provisions of chapter 51 and subchapter III of 
chapter 53 of that title relating to classification 
and General Schedule pay rates. 
(3) CRITICAL POSITIONS.— 
(A) CRITICAL PAY AUTHORITY.—Notwith-
standing paragraph (2)(B) and subject to sec-
tion 5377 of title 5, United States Code, any 
rules prescribed by the Committee, and sub-
paragraph (B), the Executive Director may ap-
point and fix the pay of such individuals that 
the Executive Director considers necessary for 
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positions designated as critical administrative, 
technical, and professional. 
(B) LIMITATION.—The number of critical 
positions designated under subparagraph (A) 
may not exceed 15 percent of the full-time 
equivalent positions authorized for the Com-
mittee staff. 
(4) EXPERTS
AND
CONSULTANTS.—With the 
approval of the Chairman, the Executive Director 
may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code. 
(i) STAFF OF FEDERAL AGENCIES.—Upon request of 
the Committee, the head of any Federal department or 
agency may detail, on a reimbursable or nonreimbursable 
basis, any of the personnel of that department or agency 
to the Committee to assist it in carrying out its duties 
and powers under this Act. 
(j) POWERS OF THE COMMITTEE.— 
(1) OBTAINING
OFFICIAL
DATA.—The Com-
mittee may secure directly from any department or 
agency of the United States, designated central non-
profit agency, or qualified nonprofit agency, infor-
mation necessary to enable it to carry out this Act. 
Upon request of the Chairman of the Committee, 
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the head of that department or agency shall furnish 
that information to the Committee. 
(2) ADMINISTRATIVE
SUPPORT
SERVICES.— 
Upon the request of the Committee, the Adminis-
trator of General Services shall provide to the Com-
mittee, on a reimbursable basis, the administrative 
support services necessary for the Committee to 
carry out the duties and responsibilities of the Com-
mittee under this Act. 
SEC. 3. PROCUREMENT REQUIREMENTS FOR THE FEDERAL 
GOVERNMENT; NONAPPLICATION TO PRISON 
MADE PRODUCTS. 
(a) REQUIREMENT.—Except as provided in sub-
section (b), if any entity of the Federal Government in-
tends to procure any product or service, or any product 
or service that is essentially the same as a product or serv-
ice on the procurement list, that entity shall, in accordance 
with regulations of the Committee, procure such product 
or service, at the price established by the Committee, from 
a qualified nonprofit agency for people who are blind or 
such an agency for people with other significant disabil-
ities designated by the Committee if the product or service 
is available within the period required by that entity. 
(b) EXCEPTION.—This section shall not apply with 
respect to the procurement of any product that is available 
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for procurement from an industry established under chap-
ter 307 of title 18, United States Code, and which, under 
section 4124 of such title, is required to be procured from 
such industry. 
SEC. 4. DUTIES OF THE COMMITTEE. 
(a) OVERSIGHT.—The Committee shall oversee and 
carry out a program under this Act to administer and im-
plement the procurement list and other provisions of this 
Act. 
(b) PROCUREMENT LIST.— 
(1) IN GENERAL.—The Committee shall estab-
lish and publish in the Federal Register a list (in 
this Act referred to as the ‘‘procurement list’’) that 
includes— 
(A) the products produced by— 
(i) any qualified nonprofit agency for 
people who are blind; or 
(ii) any qualified nonprofit agency for 
people with other significant disabilities; 
and 
(B) the services provided by any such 
agency; 
that the Committee determines are suitable for pro-
curement by the Federal Government pursuant to 
this Act. 
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(2) ADDING
AND
REMOVING
PRODUCTS
AND 
SERVICES FROM THE PROCUREMENT LIST.—Except 
as provided under paragraph (3), the Committee 
may, by rule made in accordance with the require-
ments of subsections (b), (c), (d), and (e) of section 
553 of title 5, United States Code, add to and re-
move from the procurement list products so pro-
duced and services so provided. 
(3) ADDING PRODUCTS AND SERVICES TO THE 
PROCUREMENT LIST FOR COMPELLING NEED.— 
(A) IN
GENERAL.—Notwithstanding sub-
sections (b), (c), (d), and (e) of section 553 of 
title 5, United States Code, and subject to sub-
paragraphs (B) and (C), the Committee may 
establish a process to immediately add products 
or services to the procurement list for a period 
not to exceed five years if the Committee deter-
mines that there is a compelling need to add 
such products or services. 
(B) PROCESS.—The Committee shall en-
sure that any process under subparagraph (A) 
provides, before adding a product or service to 
the list, an opportunity for a full and fair con-
sideration of input of the responsible con-
tracting activity that includes the following: 
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(i) The capability of the proposed 
nonprofit agency to provide the product or 
service. 
(ii) The extent to which the proposed 
price adequately reflects a fair market 
price. 
(iii) The suitability of the product or 
service to the contracting activity. 
(C) REQUIREMENTS.—Any product or 
service that is immediately added to the pro-
curement list pursuant to this paragraph— 
(i) shall be for a contract that is val-
ued at less than the simplified acquisition 
threshold annually; and 
(ii) shall meet the requirements of 
paragraph (2) not later than two years 
after the date on which such product or 
service is added to the procurement list. 
(4) DESIGNATION.—In administering the pro-
curement list, the Committee shall designate which 
qualified nonprofit agency may provide the products 
or services to the Federal Government and may 
transfer the responsibility to provide such products 
or services from any nonprofit agency to another 
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nonprofit agency if necessary, as provided by regula-
tions. 
(5) 
INFORMATION
CAMPAIGN.—The 
Com-
mittee— 
(A) shall inform Federal agencies about 
the procurement list and the procurement re-
quirements under section 3 of this Act; 
(B) shall encourage and assist Federal 
agencies to identify additional products and 
services that would be suitable to add to the 
procurement list; and 
(C) shall encourage the private sector to 
work with qualified nonprofit agencies to in-
crease employment opportunities for people who 
are blind or people with other significant dis-
abilities. 
(c) FAIR MARKET PRICE; PRICE REVISION.—The 
Committee shall— 
(1) determine the fair market price of products 
and services that are on the procurement list and 
that are offered for sale to the Federal Government 
by any qualified nonprofit agency; and 
(2) revise, in accordance with changing market 
conditions, its price determinations with respect to 
such products and services. 
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(d) CENTRAL NONPROFIT AGENCY.— 
(1) DESIGNATION
OF
CENTRAL
NONPROFIT 
AGENCY.—To perform the duties and responsibilities 
under paragraph (2) and any other duties and re-
sponsibilities the Committee determines are nec-
essary to carry out the purposes of this Act in ac-
cordance with regulations, the Committee shall des-
ignate— 
(A) a central nonprofit agency or agencies 
for people who are blind that is an organization 
described in section 501(c)(3) of the Internal 
Revenue Code of 1986 and exempt from tax-
ation under section 501(a) of such Code; and 
(B) a central nonprofit agency or agencies 
for people with other significant disabilities that 
is 
an 
organization 
described 
in 
section 
501(c)(3) of the Internal Revenue Code of 1986 
and exempt from taxation under section 501(a) 
of such Code. 
(2) CENTRAL
NONPROFIT
AGENCY
DUTIES.— 
The Committee may assign to the designated central 
nonprofit agencies the following duties and respon-
sibilities: 
(A) Evaluate the qualifications and capa-
bilities of the nonprofit agencies of such central 
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nonprofit agency and provide the Committee 
with relevant data regarding such nonprofit 
agencies. 
(B) Represent the nonprofit agencies of 
such central nonprofit agency in matters before 
the Committee. 
(C) Obtain from Federal contracting ac-
tivities such procurement information as the 
Committee determines is appropriate. 
(D) Recommend to the Committee suitable 
products or services to add to the procurement 
list. 
(E) Recommend to the Committee— 
(i) the initial fair market price for the 
products and services proposed to be added 
to the procurement list; and 
(ii) price changes as market condi-
tions change. 
(F) Allocate, in accordance with the policy 
guidelines of the Committee, orders for prod-
ucts and services on the procurement list to the 
qualified nonprofit agencies of the central non-
profit agency. 
(G) When authorized by the Committee, 
enter into contracts with Federal agencies to 
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provide products or services on the procurement 
list. 
(H) Submit preliminary documentation 
and information to support the qualification 
under section 5 of the nonprofit agencies of 
such central nonprofit agency. 
(I) Obtain and review annual qualification 
information from the nonprofit agencies of the 
central nonprofit agency. 
(J) Assist the nonprofit agencies of the 
central nonprofit agency to meet statutory, reg-
ulatory, and contractual requirements. 
(K) Assist the nonprofit agencies of the 
central nonprofit agency to facilitate efforts to 
assist employees who are interested to enter or 
retain other full-time or, if appropriate, part- 
time competitive employment in the integrated 
labor market or satisfy the vocational outcome 
of self-employment. 
(L) Perform other noninherently govern-
mental functions, at the request of the Com-
mittee or a qualified nonprofit agency of the 
central nonprofit agency. 
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produced and offered for sale by qualified nonprofit 
agencies for people who are blind. 
(3) DEFINITION FOR COMPELLING NEED.—The 
Committee shall prescribe regulations that define 
‘‘compelling need’’ for purposes of section 4(b)(3). 
(4) CENTRAL NONPROFIT AGENCY FEE.—The 
Committee shall prescribe regulations establishing 
an annual maximum ceiling for a fee paid by non-
profit agencies to the central nonprofit agency. 
(5) NONCOMPLIANCE.—The Committee shall 
prescribe regulations to address alleged violations of 
this Act and regulations prescribed pursuant to this 
Act by central nonprofit agencies and qualified non-
profit agencies, including progressive sanctions and 
an opportunity for such agencies to address and sub-
mit statements about such alleged violations to the 
Committee. 
(f) DEMONSTRATION
PROJECT.—The Committee 
may conduct pilot or demonstration projects (on its own 
or in cooperation with other public, nonprofit agencies, or 
private agencies) on the following: 
(1) Methods to increase use by the Federal 
Government of products produced and services deliv-
ered by qualified nonprofit agencies throughout the 
Federal Government, including methods to remove 
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or mitigate any barriers or impediments to such 
usage. 
(2) Development and adaptation of production 
methods that would enable a greater use of people 
who are blind and people with other significant dis-
abilities. 
(g) ANNUAL REPORT AND DATA COLLECTION.— 
(1) ANNUAL
REPORT.—The Committee shall, 
not later than April 1 of each year, evaluate and 
submit to the President and to Congress a report 
that includes the following: 
(A) The names of the Committee members 
serving in the preceding fiscal year. 
(B) The dates of Committee meetings in 
such fiscal year. 
(C) A description of the activities of the 
Committee under this Act in such fiscal year. 
(D) Data regarding compliance of Federal 
agencies with the requirements of this Act. 
(E) An analysis of the direct and indirect 
effects of this Act on the small business com-
munity. 
(F) An analysis of Federal agency level of 
performance with the requirements of section 3 
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of this Act, including number and dollar value 
of contracts awarded pursuant to this Act. 
(2) DATA COLLECTION.—At the request of the 
Committee, Federal agencies shall provide data to 
the Committee regarding compliance with the re-
quirements of this Act. 
(3) 
CENTRAL
NONPROFIT
AGENCIES
AND 
QUALIFIED
NONPROFIT
AGENCY
COLLECTION
OF 
DATA.—Central nonprofit agencies and qualified 
nonprofit agencies shall keep records prescribed by 
the Committee and shall participate in data collec-
tion, including data required for preparation of the 
required reports. 
SEC. 5. QUALIFIED NONPROFIT AGENCY. 
(a) QUALIFIED NONPROFIT AGENCY.—In this Act, 
the term ‘‘qualified nonprofit agency’’ means— 
(1) a qualified nonprofit agency for people who 
are blind, as defined in subsection (b); or 
(2) a qualified nonprofit agency for people with 
other significant disabilities, as defined in subsection 
(c). 
(b) QUALIFIED NONPROFIT AGENCY FOR PEOPLE 
WHO ARE BLIND.— 
(1) IN GENERAL.—In this Act, the term ‘‘quali-
fied nonprofit agency for people who are blind’’ 
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means a nonprofit agency for people who are blind 
that— 
(A) meets the initial qualification require-
ment under paragraph (2) and maintains quali-
fication under paragraph (3) where applicable; 
(B) provides employment for people who 
are blind; and 
(C) complies with all other regulations for 
qualified nonprofit agencies prescribed by the 
Committee. 
(2) INITIAL QUALIFICATION.—In order to meet 
the initial qualification requirement under this para-
graph, a nonprofit agency for people who are blind 
must submit a certification to the Committee 
through the central nonprofit agency that includes 
the following assurances: 
(A) Such nonprofit agency is organized 
under the laws of the United States or of a 
State. 
(B) Such nonprofit agency is operated in 
the best interest of people who are blind. 
(C) The net income of such nonprofit 
agency does not inure in whole or in part to the 
benefit of any shareholder or other individual. 
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(D) Such nonprofit agency uses sound or-
ganizational and personnel assignment prac-
tices, including making nondiscriminatory deci-
sions to employ and advance in employment 
qualified people who are blind. 
(E) Such nonprofit agency practices sound 
fiscal management in accordance with generally 
accepted accounting principles. 
(3) MAINTENANCE
OF
QUALIFICATION.—In 
order to maintain qualification under this para-
graph, a nonprofit agency for people who are blind 
must meet each of the following requirements: 
(A) Maintain all qualifications necessary 
for initial qualification. 
(B) Furnish products and services in ac-
cordance with Federal Government contracts. 
(C) Comply with applicable Federal pro-
curement standards, compensation, employ-
ment, and occupational health and safety stand-
ards, including procedures to encourage filling 
of vacancies within the agency by promotion of 
qualified employees who are blind. 
(D) Comply with regulations prescribed by 
the Committee. 
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(E) Make the records of the nonprofit 
agency available for review and inspection by 
the Committee or the designated central non-
profit agency. 
(F) Upon receipt of payment by the Fed-
eral agency for products or services provided 
under contracts awarded to qualified nonprofit 
agencies pursuant to this Act, pay to the cen-
tral nonprofit agency a fee not to exceed the fee 
ceiling established by the Committee. 
(G) Employ people who are blind for not 
less than 75 percent of the employment hours 
required for products or services provided under 
contracts awarded to qualified nonprofit agen-
cies pursuant to this Act, except as provided for 
under paragraph (4). 
(4) WAIVER
FOR
EMPLOYMENT
REQUIRE-
MENT.— 
(A) WAIVER.—The Committee may waive 
the requirement under paragraph (3)(I) for a 
nonprofit agency for people who are blind if the 
Committee determines that— 
(i) the nonprofit agency employs peo-
ple who are blind at a percentage less than 
75 percent of the employment hours, but 
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