Javits-Wagner-O'Day Act of 2010 - Establishes as an independent federal entity the Committee for Purchase From People Who Are Blind or People With Other Significant Disabilities. (Effectively replacing the Committee for Purchase From People Who Are Blind or Severely Disabled.)
Requires the Committee to establish and publish in the Federal Register a list of products and services suitable for federal government procurement which are provided by qualified nonprofit agencies for people who are blind or for people with other significant disabilities.
Requires federal agencies to procure from such qualified nonprofit agencies, at a Committee-established price, products (except prison-made products) or services essentially the same as those on the procurement list.
Requires the Committee to designate a tax-exempt central nonprofit agency or agencies for people who are blind and one or more for people with other significant disabilities, which shall evaluate their respective nonprofit agencies and recommend suitable products or services to add to the procurement list.
Authorizes the Committee to conduct pilot or demonstration projects on methods to increase the use of: (1) such products or services by the federal government; as well as (2) people who are blind and people with other significant disabilities.
Amends the Inspector General Act of 1978 to require the Committee Chairman to: (1) appoint an Inspector General for the Committee; and (2) establish a Panel on the Committee for Purchase From People Who Are Blind or People With Other Significant Disabilities.
Establishes in the general fund of the Treasury in a separate account a Committee for Purchase Fund for the collection and deposit of fees from each central nonprofit agency.
Repeals the Javits-Wagner-O'Day Act.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5983 Introduced in House (IH)]
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 Representatives 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.
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.
SEC. 2. COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR PEOPLE WITH
OTHER SIGNIFICANT DISABILITIES.
(a) Establishment.--There is established an independent 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 Security.
(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 Affairs.
(xiii) The General Services Administration.
(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 disabilities.
(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.
(E) One member who is not an officer or employee of
the Federal Government and who represents people with
other significant disabilities (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 officer or senior
executive service.--
(A) In general.--The head of each department or
agency listed in paragraph (1)(A) shall nominate, in
consultation with the Committee, one general or flag
officer or Senior Executive 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 Committee 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 Committee.
(c) Terms.--
(1) In general.--Except as provided in paragraph (2), each
member shall be appointed for a term of 5 years and may be
reappointed to the Committee.
(2) Vacancies.--
(A) In general.--Any member appointed under
subparagraphs (B), (C), (D), and (E) of subsection
(b)(1) to fill a vacancy occurring before 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 vacancy.--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 paragraph (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 time) during which they are engaged in the actual
performance of duties vested in the Committee.
(2) Prohibition of compensation of federal employees.--
Members of the Committee who are officers or employees of the
Federal Government may not receive additional pay, allowances,
or benefits 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, corruption, and any other criminal or civil
statute or regulation governing the conduct of Federal
employees.
(g) Chairman.--
(1) Election.--The members of the Committee shall elect one
of the members to be Chairman 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 prescribed by the
Committee, the Chairman may appoint and fix the pay of
an Executive Director and General Counsel to assist the
Committee, at the direction of the Committee, in
carrying out the Committee's duties and powers under
this Act.
(B) Executive director pay.--The Executive 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 General Counsel shall
be paid at a rate not to exceed the rate of basic pay
for level III of the Executive Schedule under section
5314 of title 5, United States Code.
(2) Staff.--
(A) Appointment.--Subject to rules prescribed 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
service, 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.--Notwithstanding
paragraph (2)(B) and subject to section 5377 of title
5, United States Code, any rules prescribed by the
Committee, and subparagraph (B), the Executive Director
may appoint and fix the pay of such individuals that
the Executive Director considers necessary for
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 Committee 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 Committee may secure
directly from any department or agency of the United States,
designated central nonprofit agency, or qualified nonprofit
agency, information necessary to enable it to carry out this
Act. Upon request of the Chairman of the Committee, 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 Administrator of General Services shall
provide to the Committee, on a reimbursable basis, the
administrative support services necessary for the Committee to
carry out the duties and responsibilities of the Committee
under this Act.
SEC. 3. PROCUREMENT REQUIREMENTS FOR THE FEDERAL GOVERNMENT;
NONAPPLICATION TO PRISON MADE PRODUCTS.
(a) Requirement.--Except as provided in subsection (b), if any
entity of the Federal Government intends to procure any product or
service, or any product or service that is essentially the same as a
product or service 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 disabilities 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 for procurement from an
industry established under chapter 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 implement the procurement list and
other provisions of this Act.
(b) Procurement List.--
(1) In general.--The Committee shall establish 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 procurement by
the Federal Government pursuant to this Act.
(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 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 products so produced and services so provided.
(3) Adding products and services to the procurement list
for compelling need.--
(A) In general.--Notwithstanding subsections (b),
(c), (d), and (e) of section 553 of title 5, United
States Code, and subject to subparagraphs (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
determines that there is a compelling need to add such
products or services.
(B) Process.--The Committee shall ensure that any
process under subparagraph (A) provides, before adding
a product or service to the list, an opportunity for a
full and fair consideration of input of the responsible
contracting activity that includes the following:
(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 procurement list pursuant to
this paragraph--
(i) shall be for a contract that is valued
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 procurement 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 nonprofit agency
if necessary, as provided by regulations.
(5) Information campaign.--The Committee--
(A) shall inform Federal agencies about the
procurement list and the procurement requirements 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 increase employment
opportunities for people who are blind or people with
other significant disabilities.
(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.
(d) Central Nonprofit Agency.--
(1) Designation of central nonprofit agency.--To perform
the duties and responsibilities under paragraph (2) and any
other duties and responsibilities the Committee determines are
necessary to carry out the purposes of this Act in accordance
with regulations, the Committee shall designate--
(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 taxation 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 responsibilities:
(A) Evaluate the qualifications and capabilities of
the nonprofit agencies of such central 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 activities 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 conditions
change.
(F) Allocate, in accordance with the policy
guidelines of the Committee, orders for products and
services on the procurement list to the qualified
nonprofit agencies of the central nonprofit agency.
(G) When authorized by the Committee, enter into
contracts with Federal agencies to 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, regulatory, 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 governmental
functions, at the request of the Committee or a
qualified nonprofit agency of the central nonprofit
agency.
(3) Right of appeal.--The Committee shall require each
designated central nonprofit agency to implement procedures--
(A) that provide for a review of the decisions made
by the central nonprofit agency that adversely impact
the qualified nonprofit agency (or agency seeking
qualified status); and
(B) that include a provision for a qualified
nonprofit agency (or agency seeking qualified status)
to appeal such adverse decision to the Committee.
(e) Regulations.--
(1) In general.--The Committee shall prescribe regulations
necessary to carry out the purposes of this Act, including
additions, deletions, transfers, and pricing of items on the
procurement list and qualifications and fees of central
nonprofit agencies.
(2) Priority.--The Committee shall prescribe regulations
providing that, in the purchase by the Federal Government of
products produced and offered for sale by qualified nonprofit
agencies for people who are blind or people with other
significant disabilities, priority shall be accorded to
products 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 nonprofit 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 nonprofit agencies, including
progressive sanctions and an opportunity for such agencies to
address and submit 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 delivered by qualified nonprofit
agencies throughout the Federal Government, including methods
to remove 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 disabilities.
(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 community.
(F) An analysis of Federal agency level of
performance with the requirements of section 3 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 requirements 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 collection,
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 ``qualified
nonprofit agency for people who are blind'' means a nonprofit
agency for people who are blind that--
(A) meets the initial qualification requirement
under paragraph (2) and maintains qualification 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 paragraph, 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.
(D) Such nonprofit agency uses sound organizational
and personnel assignment practices, including making
nondiscriminatory decisions 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 paragraph, 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 accordance
with Federal Government contracts.
(C) Comply with applicable Federal procurement
standards, compensation, employment, and occupational
health and safety standards, 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.
(E) Make the records of the nonprofit agency
available for review and inspection by the Committee or
the designated central nonprofit agency.
(F) Upon receipt of payment by the Federal agency
for products or services provided under contracts
awarded to qualified nonprofit agencies pursuant to
this Act, pay to the central 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 agencies pursuant to this Act,
except as provided for under paragraph (4).
(4) Waiver for employment requirement.--
(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 people who
are blind at a percentage less than 75 percent
of the employment hours, but not less than 51
percent of the employment hours; and
(ii) the--
(I) nonprofit agency is temporarily
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 employ
a substantial number of people who have
the most significant productivity
challenges at wages at or above the
applicable Federal or State minimum
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 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 positions within the
agency with decision-making authority as set forth in
the Committee regulations.
(c) Qualified Nonprofit Agency for People With Other Significant
Disabilities.--
(1) In general.--In this Act, the term ``qualified
nonprofit agency for people with other significant
disabilities'' means a nonprofit agency for people with other
significant disabilities that--
(A) meets the initial qualification requirement
under paragraph (2) and maintains qualification 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 paragraph, a nonprofit
agency for people with other significant 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.
(D) Such nonprofit agency uses sound organizational
and personnel assignment practices, including making
nondiscriminatory decisions to employ and advance in
employment qualified people with other significant
disabilities.
(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 paragraph, a nonprofit agency for
people with other significant disabilities must meet each of
the following requirements:
(A) Maintain all qualifications necessary for
initial qualification.
(B) Furnish products and services in accordance
with Federal Government contracts.
(C) Comply with applicable Federal procurement
standards, compensation, employment, and occupational
health and safety standards, including procedures to
encourage filling of vacancies within the agency by
promotion of qualified people with other significant
disabilities.
(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 nonprofit agency.
(F) Upon receipt of payment by the Federal agency
for products or services provided under contracts
awarded to qualified nonprofit agencies pursuant to
this Act, pay to the central 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 requirement.--
(A) Waiver.--The Committee may waive the
requirement under paragraph (3)(I) for a nonprofit
agency for people with other significant disabilities
if the Committee determines that--
(i) the nonprofit agency employs people
with other significant disabilities at a
percentage less than 75 percent of the
employment hours, but not less than 51 percent
of the employment hours; and
(ii) the--
(I) nonprofit agency is temporarily
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 employ
a substantial number of people who have
the most significant productivity
challenges at wages at or above the
applicable Federal or State minimum
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 with
other significant disabilities shall prepare and submit,
through the applicable central nonprofit agency, to the
Committee a report by December 31 of each year that contains
the following:
(A) The number of people with other significant
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 significant
disabilities that received training, technical
assistance, or other employment services facilitated by
the agency pursuant to this Act.
(C) The number of people with other significant
disabilities who are in management positions or other
positions within the agency with decision-making
authority as set forth in the Committee regulations.
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, documents, papers, and other records of the
Committee and of each central nonprofit agency designated by the
Committee 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 disabilities 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 Inspector General Act
of 1978 (5 U.S.C. App.) is amended by adding after ``the Board for
International Broadcasting,'' the following: ``Committee for Purchase
From People Who Are Blind or People With Other Significant
Disabilities,''.
(b) Appointment.--The Chairman of the Committee shall appoint an
Inspector General for the Committee not later than one year after the
date of the enactment 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
compliance with this Act.
SEC. 8. PANEL ON THE COMMITTEE AND FEDERAL PROCUREMENT.
(a) Establishment.--The Chairman of the Committee 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 appointed by the
Chairman, who shall be Co-Chairman of the Panel.
(2) The Under Secretary of Defense for Acquisition,
Technology, and Logistics, who shall serve as Co-Chairman of
the Panel.
(3) A representative of the Office for Federal Procurement
Policy.
(4) The chief acquisition officer of the Department of
Veterans Affairs.
(5) The chief acquisition officer of the Department of
Homeland Security.
(6) The chief acquisition officer of the Department 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 Department of
Agriculture.
(10) Such other representatives as the Chairman 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 compliance with such requirement, and
recommend, if necessary, legislation, regulations, policy, or
infrastructure 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 people with other significant
disabilities through the requirement under section 3;
(4) recommend changes to the procurement practices of
Federal agencies through proposed legislation, 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 procurement
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 Congress 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.
(f) Termination.--The Panel shall terminate on the date on which
the report is submitted pursuant to subsection (e).
SEC. 9. DEFINITIONS.
In this Act:
(1) Central nonprofit agency.--The term ``central nonprofit
agency'' means a central nonprofit agency designated under
section 4(d).
(2) Employment hours.--The term ``employment hours''
includes all work required for preparation, processing,
packing, and distribution of a product, or work directly
relating to the performance of a service, and may include
employment hours for supervision, administration, inspection,
shipping, or other directly allocable services, only when the
individual whose direct employment hours of supervision,
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 ``Federal Government''
includes any entity of the legislative branch or the judicial
branch, any executive agency or military department (as such
agency and department are respectively defined by sections 102
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 ``people who are
blind'' means 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.
(6) People with other significant disabilities.--The term
``people with other significant disabilities'' means an
individual or class of individuals with a physical or mental
impairment or combination of impairments, other than people who
are blind, for whom competitive employment has not occurred or
currently is not occurring as demonstrated by--
(A) a work function barrier or employment activity
limitation, including the need for services or support
on an ongoing basis, or on a recurrent 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 Commonwealth 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 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 established in the Treasury of
the United States a separate account 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 nonprofit
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 expended, for--
(A) the payment of employees for oversight and
compliance purposes; and
(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 Committee for Purchase Fund
shall not be construed to be Government funds or appropriated
monies.
(3) Amounts not subject to apportionment.--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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
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