An Act to amend the Wagner-O'Day Act to extend its provisions relating to Government procurement of commodities produced by the blind to commodities produced by other severely handicapped individuals, and for other purposes
PL 92-28 (S.557), enacted 06/23/1971

85 STAT. ] 
PUBLIC LAW 92-28-JUNE 23, 1971 
77 
Public Law 92-26 
JOINT RESOLUTION 
j^^e 4,1971 
Designating the last full week in July of 1971 as "National Star Route Mail 
[H. J. Res. 583] 
Carriers Week". 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled^ That the President is author-
ized and requested to issue a proclamation designating the last full 
week in July of 1971 as "National Star Route Mail Carriers Week" 
and calling upon the Postal Service to observe such week with appro-
priate recognition to the Nation's star route mail carriers. 
Approved June 4, 1971. 
National Star 
Route Mail Car-
riers Week. 
Designation 
authorization. 
Public Law 92-27 
AN ACT 
To amend the Water Resources Planning Act to authorize increased 
appropriations. 
June 17, 1971 
[H. R. 6359] 
Be it enaxited J^y the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the Water 
Resources Planning Act (79 Stat. 24A, 42 U.S.C. 1962 et seq.) is 
amended by striking out the present section 401 and inserting in lieu 
thereof the following: 
"SEC. 401. There are authorized to be appropriated—(a) not to 
exceed $6,000,000 annually for the Federal share of the expenses of 
administration and operation of river, basin commissions, including 
salaries and expenses of the chairman: Provided, That not more than 
$750,000 annually shall be available under this subsection for any 
single river ibasin commission; and 
"(b) not to exceed $1.5 million annually for the expenses of the 
Water Resources Council in administering this Act." 
Approved June 17, 1971. 
Water Resources 
Planning Act, ap-
propriation in-
crease. 
82 Stat. 935. 
42 u s e 1962d. 
Public Law 92-2.8 
AN ACT 
June 23, 1971 
[S. 557] 
To amend the Wagner-O'Day Act to extend its provisions relating to Govern-
ment procurement of commodities produced by the blind to commodities 
produced by other severely handicapped individuals, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America 
in Congress assembled, That the Act ^^^"'^roduc^^." 
entitled "An Act to create a Committee on Purchases of Blind-made 
Government * 
Products, and for other purposes", approved June 25, 1938 (52 Stat, purchase. 
1196; 41 U.S.C. 46-48), is amended to read as follows: 
ESTABLISHMENT OF COMMITTEE 
"SECTION 1. (a) ESTABLISHMENT.—There is established a committee 
to be known as the Committee for Purchase of Products and Services 
of the Blind and Other Severely Handicapped (hereafter in this Act 
referred to as the 'Committee'). The Committee shall be composed of Hand'ic^app"d!^ 
fourteen members appointed as follows: 
Committee for 
Purchase of Prod-
ucts and Services 
of the Blind and 
78 
PUBLIC LAW 92-28-JUNE 23, 1971 
[85 STAT. 
"(1) The President shall appoint as a member one officer or 
employee from each of the following: The Department of Agriculture, 
the Department of Defense, the Department of the Army, the Depart-
ment of the Navy, the Department of the Air Force, the Department 
of Health, Education, and Welfare, the Department of Commerce, the 
Veterans' Administration, the Department of Justice, the Depart-
ment of Labor, and the General Services Administration. The head 
of each such department and agency shall nominate one officer or 
employee in his department or agency for appointment under this 
paragraph. 
"(2) (A) The President shall appoint one member from persons 
who are not officers or employees of the Government and who are 
conversant with the problems incident to the employment of the blind 
and other severely handicapped individuals. 
"(B) The President shall appoint one member from persons who 
are not officers or employees of the Government and who represent 
blind individuals employed in qualified nonprofit agencies for the 
blind. 
"(C) The President shall appoint one member from persons who 
are not officers or employees of the Government and who represent 
severely handicapped individuals (other than blind individuals) 
employed in qualified nonprofit agencies for other severely handi-
capped individuals. 
"(b) 
VACANCY.—A vacancy in the membership of the Com-
mittee shall be filled in the manner in which the original appointment 
was made. 
"(c) CHAIRMAN.—The members of the Committee shall elect one 
of their number to be Chairman. 
" (d) TERMS.— 
"(1) Except as provided in paragraphs (2) and (3), members 
appointed under paragraph (2) of subsection (a) shall be ap-
pointed for terms of five years. Any member appointed to the 
Committee under such paragraph may be reappointed to the 
Committee if he meets the qualifications prescribed by that 
paragraph. 
"(2) Of the members first appointed under paragraph (2) of 
subsection (a)— 
" (A) one shall be appointed for a term of three years, 
"(B) one shall be appointed for a term of four years, and 
"(C) one shall be appointed for a term of five years, 
as designated by the President at the time of appointment. 
"(3) Any member appointed under paragraph (2) of sub-
section (a) to fill a vacancy occurring prior to the expiration of 
the term for which his predecessor was appointed shall be ap-
pointed only for the remainder of such term. A member appointed 
under such paragraph may serve after the expiration of his term 
until his successor has taken office. 
85 STAT. ] 
PUBLIC LAW 92-28-JUNE 23, 1971 
79 
"(e) 
PAY AND TRAVEL EXPENSES.— 
"(1) Except as provided in paragraph (2), members of the 
Committee shall each be entitled to receive the daily equivalent 
of the annual rate of basic pay in effect for grade GS-18 of the 
General Schedule for each day (including traveltime) during 
which they are engaged in the actual performance of services for 
the Committee. 
"(2) Members of the Committee who are officers or employees 
of the Government shall receive no additional pay on account 
of their service on the Committee. 
"(3) While away from their homes or regular places of busi-
ness in the performance of services for the Committee, members 
of the Committee shall be allowed travel expenses, including per 
diem in lieu of subsistence, in the same manner as persons 
employed intermittently in the Government service are allowed 
expenses under section 5703(b) of title 5 of the United States 
Code. 
"(f) 
STAFF.— 
" (1) Subject to such rules as may be adopted by the Committee, 
the Chairman may appoint and fix the pay of such personnel as 
the Committee determines are necessary to assist it in carrying 
out its duties and powers under this Act. 
"(2) Upon request of the Committee, the head of any entity 
of the Government is authorized to detail, on a reimbursable basis, 
any of the personnel of such entity to the Committee to assist it 
in carrying out its duties and powers under this Act. 
"(3) The staff of the Committee appointed under paragraph 
(1) shall be appointed subject to the provisions of title 5, United 
States Code, governing appointments in the competitive service, 
and shall be paid in accordance with the provisions of chapter 51 
and subchapter I I I of chapter 53 of such title relating to classi-
fication and General Schedule pay rates. 
"(g) 
OBTAINING OFFICIAL DATA.—The Committee may secure 
directly from any entity of the Government information necessary 
to enable it to carry out this Act. Upon request of the Chairman of the 
Committee, the head of such Government entity shall furnish such 
information to the Committee. 
"(h) ADMINISTRATIVE SUPPORT SERVICES.—The Administrator of 
General Services shall provide to the Committee on a reimbursable 
basis such administrative support services as the Committee may 
request. 
"(i) ANNUAL REPORT.—The Committee shall, not later than Sep-
tember 30 of each year, transmit to the President and to the Congress 
a report which shall include the names of the Committee members 
serving in the preceding fiscal year, the dates of Committee meetings 
in that year, a description of its activities under this Act in that 
year, and any recommendations for changes in this Act which it 
determines are necessary. 
5 use 5332 
80 Stat. 499. 
80 Stat. 378. 
5 use 101 
et acq. 
5 use 5101, 
5331. 
GSA, reimburs-
able services. 
Report to Presi-
dent and eon-
gress. 
DUTIES AND POWERS OF THE COMMITTEE 
"SEC. 2. (a)(1) The Committee shall establish and publish in the 
Publication m 
Federal Register a list (hereafter in this Act referred to as the 'pro- ferf^'^^ ^^^'^" 
curementlist') of— 
80 
PUBLIC LAW 92-28-JUNE 23, 1971 
[85 STAT. 
80 Stat. 383. 
Fair market 
price. 
Central non-
profit agency, 
designation. 
Rules and 
regulations. 
Blind-made 
products, priority. 
Problems and 
production meth-
ods, study. 
"(A) the commodities produced by any qualified nonprofit 
agency for the blind or by any quahfied nonprofit agency for 
other severely handicapped, and 
"(B) the services provided by any such agency, 
which the Committee determines are suitable for procurement by the 
Government pursuant to this Act. Such list shall be established and 
published in the Federal Register before the expiration of the thirty-
day period beginning on the effective date of this paragraph and shall 
initially consist of the commodities contained, on such date, in the 
schedule of blind-made products issued by the former Committee on 
Purchases of Blind-Made Products under its regulations. 
"(2) The Committee may, by rule made in accordance with the 
requirements of subsections (b), (c), (d), and (e) of section 553 of 
title 5, United States Code, add to and remove from the procurement 
list commodities so produced and services so provided. 
"(b) The Committee shall determine the fair market price of 
commodities and services which are contained on the procurement list 
and which are offered for sale to the Government by any qualified 
nonprofit agency for the blind or any such agency for other severely 
handicapped. The Committee shall also revise from time to time in 
accordance with changing market conditions its price determinations 
with respect to such commodities and services. 
"(c) The Committee shall designate a central nonprofit agency or 
agencies to facilitate the distribution (by direct allocation, subcon-
tract, or any other means) of orders of the Government for com-
modities and services on the procurement list among qualified 
nonprofit agencies for the blind or such agencies for other severely 
handicapped. 
"(d) (1) The Committee may make rules and regulations regarding 
(A) specifications for commodities and services on the procurement 
list, (B) the time of their delivery, and (C) such other matters as 
may be necessary to carry out the purposes of this Act. 
"(2) The Committee shall prescribe regulations providing that— 
"(A) in the purchase by the Government of commodities pro-
duced and offered for sale by qualified nonprofit agencies for the 
blind or such agencies for other severely handicapped, priority 
shall be accorded to commodities produced and offered for sale 
by qualified nonprofit agencies for the blind, and 
"(B) in the purchase by the Government of services offered 
by nonprofit agencies for the blind or such agencies for other 
severely handicapped, priority shall, until the end of the calendar 
year ending December 31, 1976, be accorded to services offered 
for sale by qualified nonprofit agencies for the blind. 
"(e) The Committee shall make a continuing study and evaluation 
of its activities under this Act for the purpose of assuring effective 
and efficient administration of this Act. The Committee may study 
(on its own or in cooperation with other public or nonprofit private 
agencies) (1) problems related to the employment of the blind and of 
other severely handicapped individuals, and (2) the development and 
adaptation of production methods which would enable a greater utili-
zation of the blind and other severely handicapped individuals. 
PROCUREMENT REQUIREMENTS FOR THE 
GOVERNMENT 
"SEC. 3. If any entity of the Government intends to procure any 
commodity or service on the procurement list, that entity shall, in 
accordance with rules and regulations of the Committee, procure 
such commodity or service, at the price established by the Committee, 
from a qualified nonprofit agency for the blind or such an agency for 
other severely handicapped if the commodity or service is available 
85 STAT. ] 
PUBLIC LAW 92-28-JUNE 23, 1971 
81 
within the period required by that Government entity; except that 
this section shall not apply with respect to the procurement of any 
commodity which is available for procurement from an industry 
established under chapter 307 of title 18, United States Code, and ^^%^ll%^^^' 
which, under section 4124 of such title, is required to be procured from 
jg use 4121. 
such industry. 
es stat. 723. 
"AUDIT 
"SEC. 4. The Comptroller General of the United States, or any of 
his duly authorized representatives, shall have access, for the purpose 
of audit and examination, to any books, documents, papers, and other 
records of the Committee and of each agency designated by the Com-
mittee under section 2(c). This section shall also apply to any qualified 
nonprofit agency for the blind and any such agency for other severely 
handicapped which have sold commodities 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. 
ii DEFINITIONS 
"SEC. 5. For purposes of this Act— 
"(1) The term 'blind' refers to an individual or class of individuals 
whose central visual acuity does not exceed 20/200 in the better eye 
with correcting lenses or whose visual acuity, if better than 20/200, 
is accompanied by a limit to the field of vision in the better eye to 
such a degree that its widest diameter subtends an angle of no greater 
than 20 degrees. 
"(2) The terms 'other severely handicapped' and 'severely handi-
capped individuals' mean an individual or class of individuals under 
a physical or mental disability, other than blindness, which (according 
to criteria established by the Committee after consultation with 
appropriate entities of the Government and taking into account the 
views of non-Government entities representing the handicapped) con-
stitutes a substantial handicap to employment and is of such a nature 
as to prevent the individual under such disability from currently 
engaging in normal competitive employment. 
"(3) The term 'qualified nonprofit agency for the blind' means an 
agency— 
"(A) organized under the laws of the United States or of any 
State, operated in the interest of blind individuals, and the net 
income of which does not inure in whole or in part to the benefit 
of any shareholder or other individual; 
"(B) which complies with any applicable occupational health 
and safety standard prescribed by the Secretary of Labor; and 
"(C) which in the production of commodities and in the pro-
vision of services (whether or not the commodities or services are 
procured under this Act) during the fiscal year employs blind 
individuals for not less than 75 per centum of the man-hours of 
direct labor required for the production or provision of the 
commodities or services. 
"(4) The term 'qualified nonprofit agency for other severely handi-
capped' means an agency— 
"(A) organized under the laws of the United States or of any 
State, operated in the interest of severely handicapped indi-
viduals who are not blind, and the net income of which does not 
inure in whole or in part to the benefit of any shareholder or 
other individual; 
"(B) which complies with any applicable occupational health 
and safety standard prescribed by the Secretary of Labor; and 
82 
PUBLIC LAW 92-29-JUNE 23, 1971 
[85 STAT. 
80 Stat. 378, 
379. 
"(C) which in the production of commodities and in the pro-
vision of services (whether or not the commodities or services 
are procured under this Act) during the fiscal year employs blind 
or other severely handicapped individuals for not less than 75 
per centum of the man-hours of direct labor required for the 
production or provision of the commodities or services. 
"(6) The term 'direct labor' includes all work required for prepara-
tion, processing, and packing, but not supervision, administration, 
inspection, and shipping. 
"(7) The term 'fiscal year' means the twelve-month period begin-
ning on July 1 of each year. 
" (8) The terms 'Government' and 'entity of the Government' include 
any entity of the legislative branch or the judicial branch, any execu-
tive agency or military department (as such agency and department 
are respectively defined by sections 102 and 105 of title 5, L^nited States 
Code), the United States Postal Service, and any nonappropriated 
fund instrumentality under the jurisdiction of the Armed Forces. 
"(9) The term 'State' includes the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands, Guam, American 
Samoa, and the Trust Territory of the Pacific Islands. 
Effective date. 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 6. There are authorized to be appropriated to the Committee 
to carry out this Act $200,000 each for the fiscal year ending June 30, 
1972, and the next two succeeding fiscal years." 
SEC. 2. The amendment made by the first section of this Act shall 
take effect on the first day of the first month which begins more than 
thirty days after the date of enactment of this Act. 
Approved June 23, 1971. 
June 23, 1971 
[H. R. 4353] 
Public Law 92-29 
.AN ACT 
To provide for the disposition of funds appropriated to pay judgments in favor 
of the Iowa Tribe of Oklahoma and of Kansas and Nebraska in Indian Claims 
Commission dockets numbered 79-A, 153, 158, 209, and 231, and for other 
purposes. 
Indians. 
Iowa Tribes of 
Okla. and Kans.-
Nebf. 
Judgment funds, 
disposition. 
Per capita dis-
tribution. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress asse?nbled, That (a) the funds 
on deposit in the United States Treasury to the credit of the Iowa 
Tribes of Oklahoma and of Kansas and Nebraska that were appropri-
ated by the Act of December 26, 1969 (83 Stat. 447), to pay a judg-
ment Jby the Indian Claims Commission in docket numbered 79-A, 
and the interest thereon, and funds appropriated by the Act of July 6, 
1970 (84 Stat. 376), to pay judgments in Indian Claims Commission 
dockets numbered 153, 158, 209, and 231, and the interest thereon, 
after payment of attorney fees and other litigation expenses, shall be 
divided on the basis of one-hundred-and-seventy-one two-hundred-
and-seventy-ninths (61.29 per centum) to the Iowa Tribe of Kansas 
and Nebraska and one-hundred-and-eight two-hundred-and-seventy-
ninths (38.71 per centum) to the Iowa Tribe of Oklahoma. 
(b) The funds so divided, including interest accruing thereon, may 
be advanced, deposited, expended, invested, or reinvested for any 
purposes that are authorized by the respective tribal governing bodies 
and approved by the Secretary of the Interior. 
(c) Any part of such funds that may be distributed per capita 
under the provisions of this Act shall be payable only to those persons