not less than 51 percent of the employ-
ment hours; and 
(ii) the— 
(I) nonprofit agency is tempo-
rarily unable to meet the 75 percent 
requirement due to an emergency or 
extraordinary circumstance; 
(II) particular product or service 
is significantly complex as to make it 
unlikely that the nonprofit agency can 
meet the 75 percent employment hour 
requirement; or 
(III) nonprofit agency could em-
ploy a substantial number of people 
who have the most significant produc-
tivity challenges at wages at or above 
the applicable Federal or State min-
imum wage for the particular product 
or service. 
(B) REGULATIONS.—The Committee shall 
prescribe regulations on the process and the 
factors that determine whether to exercise the 
waiver authority under this paragraph. 
(5) REPORT.—A qualified nonprofit agency for 
people who are blind shall prepare and submit to the 
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Committee, through the applicable central nonprofit 
agency, a report by December 31 of each year that 
contains the following: 
(A) The number of people who are blind 
that provided products or services provided 
under contracts awarded to qualified nonprofit 
agencies pursuant to this Act for the previous 
fiscal year. 
(B) The number of people who are blind 
that received training, technical assistance, or 
other employment services facilitated by the 
agency pursuant to this Act. 
(C) The number of people who are blind 
who are in management positions or other posi-
tions within the agency with decision-making 
authority as set forth in the Committee regula-
tions. 
(c) QUALIFIED NONPROFIT AGENCY FOR PEOPLE 
WITH OTHER SIGNIFICANT DISABILITIES.— 
(1) IN GENERAL.—In this Act, the term ‘‘quali-
fied nonprofit agency for people with other signifi-
cant disabilities’’ means a nonprofit agency for peo-
ple with other significant disabilities that— 
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(A) meets the initial qualification require-
ment under paragraph (2) and maintains quali-
fication under paragraph (3) where applicable; 
(B) provides employment for people with 
other significant disabilities; 
(C) may provide employment for people 
who are blind; and 
(D) 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 with other sig-
nificant disabilities 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 with other significant 
disabilities. 
(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 with other significant disabil-
ities. 
(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 with other sig-
nificant disabilities 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 people with other significant disabil-
ities. 
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(D) Comply with regulations prescribed by 
the Committee. 
(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 with other significant 
disabilities for not less than 75 percent of the 
employment hours required for products or 
services provided under contracts awarded to 
qualified nonprofit agencies 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 with other signifi-
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cant disabilities if the Committee determines 
that— 
(i) the nonprofit agency employs peo-
ple with other significant disabilities at a 
percentage less than 75 percent of the em-
ployment hours, but not less than 51 per-
cent of the employment hours; and 
(ii) the— 
(I) nonprofit agency is tempo-
rarily unable to meet the 75 percent 
requirement due to an emergency or 
extraordinary circumstance; 
(II) particular product or service 
is significantly complex as to make it 
unlikely that the nonprofit agency can 
meet the 75 percent employment hour 
requirement; or 
(III) nonprofit agency could em-
ploy a substantial number of people 
who have the most significant produc-
tivity challenges at wages at or above 
the applicable Federal or State min-
imum wage for the particular product 
or service. 
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(B) REGULATIONS.—The Committee shall 
prescribe regulations on the process and the 
factors that determine whether to exercise the 
waiver authority under this paragraph. 
(5) REPORT.—A qualified nonprofit agency for 
people with other significant disabilities shall pre-
pare and submit, through the applicable central non-
profit agency, to the Committee a report by Decem-
ber 31 of each year that contains the following: 
(A) The number of people with other sig-
nificant disabilities that provided products or 
services provided under contracts awarded to 
qualified nonprofit agencies pursuant to this 
Act for the previous year. 
(B) The number of people with other sig-
nificant disabilities that received training, tech-
nical assistance, or other employment services 
facilitated by the agency pursuant to this Act. 
(C) The number of people with other sig-
nificant disabilities who are in management po-
sitions or other positions within the agency with 
decision-making authority as set forth in the 
Committee regulations. 
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SEC. 6. AUDIT. 
The Comptroller General of the United States, or a 
duly authorized representative, shall have access, for the 
purpose of audit and examination, to any books, docu-
ments, papers, and other records of the Committee and 
of each central nonprofit agency designated by the Com-
mittee under this Act. This section shall also apply to any 
qualified nonprofit agency for people who are blind and 
any such agency for people with other significant disabil-
ities that have sold products or services under this Act 
but only with respect to the books, documents, papers, and 
other records of such agency which relate to its activities 
in a fiscal year in which a sale was made under this Act. 
SEC. 7. ESTABLISHMENT OF INSPECTOR GENERAL FOR 
COMMITTEE FOR PURCHASE FROM PEOPLE 
WHO ARE BLIND OR PEOPLE WITH OTHER 
SIGNIFICANT DISABILITIES. 
(a) ESTABLISHMENT.—Section 8G(a)(2) of the In-
spector General Act of 1978 (5 U.S.C. App.) is amended 
by adding after ‘‘the Board for International Broad-
casting,’’ the following: ‘‘Committee for Purchase From 
People Who Are Blind or People With Other Significant 
Disabilities,’’. 
(b) APPOINTMENT.—The Chairman of the Com-
mittee shall appoint an Inspector General for the Com-
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mittee not later than one year after the date of the enact-
ment of this Act. 
(c) AUTHORITY TO INVESTIGATE FEDERAL AGENCY 
COMPLIANCE.—The Inspector General of the Committee 
for Purchase From People Who Are Blind or People With 
Other Significant Disabilities, in consultation with other 
inspectors general, may investigate Federal agency compli-
ance with this Act. 
SEC. 8. PANEL ON THE COMMITTEE AND FEDERAL PRO-
CUREMENT. 
(a) ESTABLISHMENT.—The Chairman of the Com-
mittee shall establish a panel to be known as the ‘‘Panel 
on the Committee for Purchase From People Who Are 
Blind or People With Other Significant Disabilities and 
Federal Procurement’’ (in this section referred to as the 
‘‘Panel’’). 
(b) COMPOSITION.—The Panel shall be composed of 
representatives as follows: 
(1) A representative of the Committee ap-
pointed by the Chairman, who shall be Co-Chairman 
of the Panel. 
(2) The Under Secretary of Defense for Acqui-
sition, Technology, and Logistics, who shall serve as 
Co-Chairman of the Panel. 
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(3) A representative of the Office for Federal 
Procurement Policy. 
(4) The chief acquisition officer of the Depart-
ment of Veterans Affairs. 
(5) The chief acquisition officer of the Depart-
ment of Homeland Security. 
(6) The chief acquisition officer of the Depart-
ment of the Interior. 
(7) The chief acquisition officer of the General 
Services Administration. 
(8) The chief acquisition officer of the National 
Aeronautics and Space Administration. 
(9) The chief acquisition officer of the Depart-
ment of Agriculture. 
(10) Such other representatives as the Chair-
man of the Committee determines is appropriate. 
(c) DUTIES OF THE PANEL.—The duties of the Panel 
shall be to— 
(1) complete any matters assigned by the 
Chairman of the Committee; 
(2) review the actions taken by the Committee 
with regard to the procurement requirement under 
section 3 of this Act, review Federal agency compli-
ance with such requirement, and recommend, if nec-
essary, legislation, regulations, policy, or infrastruc-
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ture to increase employment of people who are blind 
or people with other significant disabilities through 
such requirement; 
(3) review progress made by the Committee and 
Federal agencies to increase employment for United 
States citizens who are people who are blind or peo-
ple with other significant disabilities through the re-
quirement under section 3; 
(4) recommend changes to the procurement 
practices of Federal agencies through proposed legis-
lation, regulations, policy, and infrastructure that 
will increase employment of people who are blind or 
people with other significant disabilities; and 
(5) recommend education and awareness of pro-
curement officials regarding the requirement under 
section 3. 
(d) MEETINGS.—The Panel shall meet as determined 
necessary by the Chairmen of the Panel, but not less than 
once every month. 
(e) REPORT.—Not later than 6 months after the date 
of the enactment of this Act, the Panel shall prepare and 
submit to the Chairman of the Committee and the Con-
gress a report on the activities of the Panel, including a 
summary of the findings and recommendations of the 
Panel for the fiscal year covered by the report. 
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(f) TERMINATION.—The Panel shall terminate on the 
date on which the report is submitted pursuant to sub-
section (e). 
SEC. 9. DEFINITIONS. 
In this Act: 
(1) CENTRAL NONPROFIT AGENCY.—The term 
‘‘central nonprofit agency’’ means a central non-
profit agency designated under section 4(d). 
(2) EMPLOYMENT HOURS.—The term ‘‘employ-
ment hours’’ includes all work required for prepara-
tion, processing, packing, and distribution of a prod-
uct, or work directly relating to the performance of 
a service, and may include employment hours for su-
pervision, administration, inspection, shipping, or 
other directly allocable services, only when the indi-
vidual whose direct employment hours of super-
vision, administration, inspection, shipping, or other 
directly allocable services being counted, meets the 
definition of ‘‘people who are blind’’ or ‘‘people with 
other significant disabilities’’. 
(3) FEDERAL GOVERNMENT.—The term ‘‘Fed-
eral Government’’ includes any entity of the legisla-
tive branch or the judicial branch, any executive 
agency or military department (as such agency and 
department are respectively defined by sections 102 
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and 105 of title 5, United States Code), the United 
States Postal Service, and any nonappropriated fund 
instrumentality under the jurisdiction of the Armed 
Forces. 
(4) MAJOR LIFE ACTIVITY.—The term ‘‘major 
life activity’’ includes mobility, communication, self- 
care, self-direction, work tolerance, or work skills. 
(5) PEOPLE WHO ARE BLIND.—The term ‘‘peo-
ple who are blind’’ means an individual or class of 
individuals whose central visual acuity does not ex-
ceed 20/200 in the better eye with correcting lenses 
or whose visual acuity, if better than 20/200, is ac-
companied by a limit to the field of vision in the bet-
ter eye to such a degree that its widest diameter 
subtends an angle of no greater than 20 degrees. 
(6) PEOPLE
WITH
OTHER
SIGNIFICANT
DIS-
ABILITIES.—The term ‘‘people with other significant 
disabilities’’ means an individual or class of individ-
uals with a physical or mental impairment or com-
bination of impairments, other than people who are 
blind, for whom competitive employment has not oc-
curred or currently is not occurring as demonstrated 
by— 
(A) a work function barrier or employment 
activity limitation, including the need for serv-
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ices or support on an ongoing basis, or on a re-
current basis to the degree that manifestation 
of the impairment is episodic, over an extended 
period of time; and 
(B) substantial limitation of two or more 
major life activities. 
(7) 
QUALIFIED
NONPROFIT
AGENCY.—The 
term ‘‘qualified nonprofit agency’’ has the meaning 
given that term in section 5. 
(8) SIMPLIFIED
ACQUISITION
THRESHOLD.— 
The term ‘‘simplified acquisition threshold’’ has the 
meaning given that term in section 4 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403). 
(9) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States 
Virgin Islands, Guam, American Samoa, the Com-
monwealth of the Northern Mariana Islands, the 
Trust Territory of the Pacific Islands, and any other 
territory or possession of the United States. 
SEC. 10. SENSE OF CONGRESS. 
It is the sense of Congress that the term ‘‘people with 
other significant disabilities’’ maintains (neither expands 
nor narrows) eligibility under this Act for ‘‘other severely 
handicapped’’ and ‘‘severely handicapped individuals’’, as 
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such terms are defined in the Javits-Wagner-O’Day Act 
(41 U.S.C. 46 et seq.), as in existence before the date of 
the enactment of this Act. 
SEC. 11. COMMITTEE FOR PURCHASE FUND. 
(a) ESTABLISHMENT
OF FUND.—There is estab-
lished in the Treasury of the United States a separate ac-
count for the deposit of fees under this Act to be known 
as the Committee for Purchase Fund. 
(b) ASSESSMENT AND COLLECTION OF COMMITTEE 
FEES.—The Committee shall assess and collect each year, 
in accordance with this section, fees from each central 
nonprofit agency for an amount as needed that is not more 
than 5 percent of the fees collected by such central non-
profit agency from qualified nonprofit agencies. 
(c) DEPOSIT.—The Secretary shall deposit any fees 
collected pursuant to subsection (b) into the Committee 
for Purchase Fund established by subsection (a). 
(d) USE OF FUNDS.— 
(1) IN GENERAL.—Amounts in the Committee 
for Purchase Fund shall be immediately available to 
the Committee, and shall remain available until ex-
pended, for— 
(A) the payment of employees for oversight 
and compliance purposes; and 
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(B) to provide for the Inspector General 
established pursuant to section 7. 
(2) FEES NOT GOVERNMENT FUNDS.—Funds 
obtained by, transferred to, or credited to the Com-
mittee for Purchase Fund shall not be construed to 
be Government funds or appropriated monies. 
(3) AMOUNTS
NOT
SUBJECT
TO
APPORTION-
MENT.—Notwithstanding any other provision of law, 
amounts in the Committee for Purchase Fund shall 
not be subject to apportionment for purposes of 
chapter 15 of title 31, United States Code, or under 
any other authority, or for any other purpose. 
(e) REGULATIONS.—Not later than 9 months after 
the date of the enactment of this Act, the Committee shall 
prescribe regulations governing the collection and payment 
of fees pursuant to this section. 
SEC. 12. CONFORMING REPEAL. 
The Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.) 
is repealed. 
Æ 
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