41 U.S.C. § 8502 — Committee for Purchase From People

Page 207 TITLE 41—PUBLIC CONTRACTS § 8502 individual or class of individuals under a phys- ical or mental disability, other than blindness, which (according to criteria established by the Committee after consultation with appro- priate entities of the Federal Government and taking into account the views of non-Federal Government entities representing the dis- abled) constitutes a substantial handicap to employment and is of a nature that prevents the individual from currently engaging in nor- mal competitive employment. (9) STATE.—The term ‘‘State’’ includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3833.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8501(1) ........ 41:48b(1). June 25, 1938, ch. 697, § 5, 52 Stat. 1196; Pub. L. 92–28, § 1, June 23, 1971, 85 Stat. 81; Pub. L. 93–358, § 1(3), July 25, 1974, 88 Stat. 393; Pub. L. 94–273, § 3(22), Apr. 21, 1976, 90 Stat. 377. 8501(2) ........ 41:46(a) (words in parentheses be- fore par. (1)). June 25, 1938, ch. 697, § 1(a) (words in parentheses be- fore par. (1)), 52 Stat. 1196; Pub. L. 92–28, § 1, June 23, 1971, 85 Stat. 77. 8501(3) ........ 41:48b(5). 8501(4) ........ 41:48b(7). 8501(5) ........ 41:48b(2). 8501(6) ........ 41:48b(4). 8501(7) ........ 41:48b(3). 8501(8) ........ 41:48b(2). 8501(9) ........ 41:48b(8). In this chapter, the word ‘‘disabled’’ is substituted for ‘‘handicapped’’ for consistency with the name of the Committee. The word ‘‘product’’ is substituted for ‘‘commodity’’ to reflect the current usage of the items produced in the Committee’s program. In this section, the text of 41:48b(6) is omitted as un- necessary. In paragraph (9), the words ‘‘the Northern Mariana Is- lands’’ are substituted for ‘‘the Trust Territory of the Pacific Islands’’ because the Trust Territory of the Pa- cific Islands terminated. See 48 U.S.C. note prec. 1681. However, section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U.S.C. 1801 note) provided that laws in existence on the effective date of section 502 that were applicable to Guam and that were of general application to the sev- eral States would apply to the Northern Mariana Is- lands. The Marshall Islands, Palau, and the Federated States of Micronesia are not included because although they were part of the Trust Territory of the Pacific Is- lands, they are independent entities and not part of the United States. Statutory Notes and Related Subsidiaries CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES Pub. L. 109–364, div. A, title VIII, § 856(a), (d), Oct. 17, 2006, 120 Stat. 2347, 2349, provided that: ‘‘(a) INAPPLICABILITY OF CERTAIN LAWS.— ‘‘(1) INAPPLICABILITY OF THE RANDOLPH-SHEPPARD ACT TO CONTRACTS AND SUBCONTRACTS FOR MILITARY DINING FACILITY SUPPORT SERVICES COVERED BY JAVITS- WAGNER-O’DAY ACT.—The Randolph-Sheppard Act (20 U.S.C. 107 et seq.) does not apply to full food services, mess attendant services, or services supporting the operation of a military dining facility that, as of the date of the enactment of this Act [Oct. 17, 2006], were services on the procurement list established under section 2 of the Javits-Wagner-O’Day Act ([former] 41 U.S.C. 47) [now 41 U.S.C. 8503]. ‘‘(2) INAPPLICABILITY OF THE JAVITS-WAGNER-O’DAY ACT TO CONTRACTS FOR THE OPERATION OF A MILITARY DINING FACILITY.—(A) The Javits-Wagner-O’Day Act ([former] 41 U.S.C. 46 et seq.) [now 41 U.S.C. 8501 et seq.] does not apply at the prime contract level to any contract entered into by the Department of De- fense as of the date of the enactment of this Act with a State licensing agency under the Randolph- Sheppard Act (20 U.S.C. 107 et seq.) for the operation of a military dining facility. ‘‘(B) The Javits-Wagner-O’Day Act [now 41 U.S.C. 8501 et seq.] shall apply to any subcontract entered into by a Department of Defense contractor for full food services, mess attendant services, and other services supporting the operation of a military dining facility. ‘‘(3) REPEAL OF SUPERSEDED LAW.—[Repealed section 853(a), (b) of Pub. L. 108–375, 118 Stat. 2021.] ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘State licensing agency’ means any agency designated by the Secretary of Education under section 2(a)(5) of the Randolph-Sheppard Act (20 U.S.C. 107a(a)(5)). ‘‘(2) The term ‘military dining facility’ means a fa- cility owned, operated, leased, or wholly controlled by the Department of Defense and used to provide dining services to members of the Armed Forces, in- cluding a cafeteria, military mess hall, military troop dining facility, or any similar dining facility operated for the purpose of providing meals to mem- bers of the Armed Forces.’’ STATEMENT OF POLICY AND REPORT CONCERNING THE OPERATION AND MANAGEMENT OF CERTAIN MILITARY FACILITIES REGARDING THE BLIND OR SEVERELY DIS- ABLED Pub. L. 109–163, div. A, title VIII, § 848(b), (c), Jan. 6, 2006, 119 Stat. 3395, provided that: ‘‘(b) STATEMENT OF POLICY.—The Secretary of De- fense, the Secretary of Education, and the Chairman of the Committee for Purchase From People Who Are Blind or Severely Disabled shall jointly issue a state- ment of policy related to the implementation of the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and the Javits-Wagner-O’Day Act ([former] 41 U.S.C. 48 [46 et seq.]) [now 41 U.S.C. 8501 et seq.] within the Depart- ment of Defense and the Department of Education. The joint statement of policy shall specifically address the application of those Acts to both operation and man- agement of all or any part of a military mess hall, mili- tary troop dining facility, or any similar dining facility operated for the purpose of providing meals to members of the Armed Forces, and shall take into account and address, to the extent practicable, the positions accept- able to persons representing programs implemented under each Act. ‘‘(c) REPORT.—Not later than April 1, 2006, the Sec- retary of Defense, the Secretary of Education, and the Chairman of the Committee for Purchase From People Who Are Blind or Severely Disabled shall submit to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Health, Education, Labor and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives a report describing the joint statement of policy issued under subsection (b), with such findings and recommendations as the Secretaries consider appropriate.’’ § 8502. Committee for Purchase From People Who Are Blind or Severely Disabled (a) ESTABLISHMENT.—There is a Committee for Purchase From People Who Are Blind or Se- verely Disabled. (b) COMPOSITION.—The Committee consists of 15 members appointed by the President as fol- lows: (1) One officer or employee from each of the following, nominated by the head of the de- partment or agency: Page 208 TITLE 41—PUBLIC CONTRACTS § 8502 (A) The Department of Agriculture. (B) The Department of Defense. (C) The Department of the Army. (D) The Department of the Navy. (E) The Department of the Air Force. (F) The Department of Education. (G) The Department of Commerce. (H) The Department of Veterans Affairs. (I) The Department of Justice. (J) The Department of Labor. (K) The General Services Administration. (2) One member from individuals who are not officers or employees of the Federal Govern- ment and who are conversant with the prob- lems incident to the employment of the blind. (3) One member from individuals who are not officers or employees of the Federal Govern- ment and who are conversant with the prob- lems incident to the employment of other se- verely disabled individuals. (4) One member from individuals who are not officers or employees of the Federal Govern- ment and who represent blind individuals em- ployed in qualified nonprofit agencies for the blind. (5) One member from individuals who are not officers or employees of the Federal Govern- ment and who represent severely disabled indi- viduals (other than blind individuals) em- ployed in qualified nonprofit agencies for other severely disabled individuals. (c) TERMS OF OFFICE.—Members appointed under paragraph (2), (3), (4), or (5) of subsection (b) shall be appointed for terms of 5 years and may be reappointed if the member meets the qualifications prescribed by those paragraphs. (d) CHAIRMAN.—The members of the Com- mittee shall elect one of the members to be Chairman. (e) VACANCY.— (1) MANNER IN WHICH FILLED.—A vacancy in the membership of the Committee shall be filled in the manner in which the original ap- pointment was made. (2) UNFULFILLED TERM.—A member ap- pointed under paragraph (2), (3), (4), or (5) of subsection (b) to fill a vacancy occurring prior to the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of the term. The mem- ber may serve after the expiration of a term until a successor takes office. (f) PAY AND TRAVEL EXPENSES.— (1) AMOUNT TO WHICH MEMBERS ARE ENTI- TLED.—Except as provided in paragraph (2), members of the Committee are entitled to re- ceive the daily equivalent of the maximum an- nual rate of basic pay payable for level IV of the Executive Schedule for each day (includ- ing travel-time) during which they perform services for the Committee. A member is enti- tled to travel expenses, including a per diem allowance instead of subsistence, as provided under section 5703 of title 5. (2) OFFICERS OR EMPLOYEES OF THE FEDERAL GOVERNMENT.—Members who are officers or employees of the Federal Government may not receive additional pay because of their service on the Committee. (g) STAFF.— (1) APPOINTMENT AND COMPENSATION.—Sub- ject to rules the Committee may adopt and to chapters 33 and 51 and subchapter III of chap- ter 53 of title 5, the Chairman may appoint and fix the pay of personnel the Committee deter- mines are necessary to assist it in carrying out this chapter. (2) PERSONNEL FROM OTHER ENTITIES.—On re- quest of the Committee, the head of an entity of the Federal Government may detail, on a reimbursable basis, any personnel of the enti- ty to the Committee to assist it in carrying out this chapter. (h) OBTAINING OFFICIAL INFORMATION.—The Committee may secure directly from an entity of the Federal Government information nec- essary to enable it to carry out this chapter. On request of the Chairman, the head of the entity shall furnish the information to the Committee. (i) ADMINISTRATIVE SUPPORT SERVICES.—The Administrator of General Services shall provide to the Committee, on a reimbursable basis, ad- ministrative support services the Committee re- quests. (j) ANNUAL REPORT.—Not later than December 31 of each year, the Committee shall transmit to the President a report that includes the names of the Committee members serving in the prior fiscal year, the dates of Committee meetings in that year, a description of the activities of the Committee under this chapter in that year, and any recommendations for changes in this chap- ter which the Committee determines are nec- essary. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3835.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8502(a), (b) 41:46(a) (less words in parentheses be- fore par. (1)). June 25, 1938, ch. 697, § 1 (less (a) (words in parentheses before par. (1))), 52 Stat. 1196; Pub. L. 92–28, § 1, June 23, 1971, 85 Stat. 77; Pub. L. 93–358, § 1(1), (2), July 25, 1974, 88 Stat. 392; Pub. L. 94–273, § 8(2), Apr. 21, 1976, 90 Stat. 378; Pub. L. 102–54, § 13(p), June 13, 1991, 105 Stat. 278; Pub. L. 102–569, title IX, § 911(a), Oct. 29, 1992, 106 Stat. 4486; Pub. L. 103–73, title III, § 301, Aug. 11, 1993, 107 Stat. 736. 8502(c) ........ 41:46(d)(1), (2), (4). 8502(d) ........ 41:46(c). 8502(e)(1) .... 41:46(b). 8502(e)(2) .... 41:46(d)(3). 8502(f) ........ 41:46(e). 8502(g) ........ 41:46(f). 8502(h) ....... 41:46(g). 8502(i) ........ 41:46(h). 8502(j) ........ 41:46(i). In subsection (b)(1)(F), the words ‘‘Department of Education’’ are substituted for ‘‘Department of Health and Human Services’’ in 41:46(a)(1) to correct a mistake in the United States Code. In the amendment to the original provision by section 1 of Public Law 92–28 (85 Stat. 77), an officer or employee of the Department of Health, Education, and Welfare was one of the members appointed to the Committee for Purchase From People Who Are Blind or Severely Disabled, because the De- partment, through the Rehabilitation Services Admin- istration, had the major governmental function in the field of vocational rehabilitation for the blind and other severely handicapped and administered related vocational rehabilitation programs for individuals with disabilities. See House Report 92–228. Under section Page 209 TITLE 41—PUBLIC CONTRACTS § 8504 301(a)(4)(A) and (C) and (b)(3) of the Department of Edu- cation Organization Act (20:3441(a)(4)(A) and (C) and (b)(3)), the functions and offices of the Department and the functions of the Secretary of Health, Education, and Welfare and the Commissioner of Rehabilitation Services were transferred to the Department or Sec- retary of Education. Section 509 of the Act (20:3508) re- designated the Department and Secretary of Health, Education, and Welfare as the Department and Sec- retary of Health and Human Services, respectively, and provided that references to the Department and Sec- retary of Health, Education, and Welfare were deemed to be references to the Department or Secretary of Health and Human Services except to the extent a ref- erence was to a function of the Department or Sec- retary of Education. The reference in 41:46(a)(1) was changed to ‘‘Department of Health and Human Serv- ices’’ but should have been changed to ‘‘Department of Education’’. Furthermore, the regulations of the Com- mittee include the Department of Education in the list of members of the Committee. See 41 CFR 51–2.1. In subsection (c), the text of 41:46(d)(2) and (4) is omitted as obsolete. In subsection (f)(1), the reference to section 5376 of title 5 is substituted for the reference to grade GS–18 of the General Schedule because of section 529 [title I, § 101(c)(1)] of the Treasury, Postal Service and General Government Appropriations Act, 1991 (Public Law 101–509, 104 Stat. 1442, 5 U.S.C. 5376 note). The word ‘‘ac- tual’’ is omitted as unnecessary. The words ‘‘A member is entitled to travel expenses, including a per diem al- lowance instead of subsistence, as provided under sec- tion 5703 of title 5’’ are substituted for 41:46(e)(3) to eliminate unnecessary words. The reference to section 5703 of title 5 is substituted for the reference to section 5703(b) of title 5 because of the amendment to section 5703 by section 4 of the Travel Expense Amendments Act of 1975 (Public Law 94–22, 89 Stat. 85). In subsection (g), the words ‘‘its duties and powers’’ are omitted as surplus. In subsection (g)(1), the reference to chapter 33 of title 5 is substituted for ‘‘the provisions of title 5 gov- erning appointments in the competitive service’’ for clarity and for consistency with other titles of the United States Code. The words ‘‘relating to classifica- tion and General Schedule pay rates’’ are omitted as unnecessary. In subsection (j), the words ‘‘and to the Congress’’ are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 199 of House Document No. 103–7. SENATE REVISION AMENDMENT In subsec. (f)(1), ‘‘for level IV of the Executive Sched- ule’’ substituted for ‘‘under section 5376 of title 5’’ by S. Amdt. 4726 (111th Cong.). See 156 Cong. Rec. 18683 (2010). § 8503. Duties and powers of the Committee (a) PROCUREMENT LIST.— (1) MAINTENANCE OF LIST.—The Committee shall maintain and publish in the Federal Reg- ister a procurement list. The list shall include the following products and services deter- mined by the Committee to be suitable for the Federal Government to procure pursuant to this chapter: (A) Products produced by a qualified non- profit agency for the blind or by a qualified nonprofit agency for other severely disabled. (B) The services those agencies provide. (2) CHANGES TO LIST.—The Committee may, by rule made in accordance with the require- ments of section 553(b) to (e) of title 5, add to and remove from the procurement list prod- ucts so produced and services so provided. (b) FAIR MARKET PRICE.—The Committee shall determine the fair market price of products and services contained on the procurement list that are offered for sale to the Federal Government by a qualified nonprofit agency for the blind or a qualified nonprofit agency for other severely disabled. The Committee from time to time shall revise its price determinations with re- spect to those products and services in accord- ance with changing market conditions. (c) CENTRAL NONPROFIT AGENCY OR AGENCIES.— The Committee shall designate a central non- profit agency or agencies to facilitate the dis- tribution, by direct allocation, subcontract, or any other means, of orders of the Federal Gov- ernment for products and services on the pro- curement list among qualified nonprofit agen- cies for the blind or qualified nonprofit agencies for other severely disabled. (d) REGULATIONS.—The Committee— (1) may prescribe regulations regarding spec- ifications for products and services on the pro- curement list, the time of their delivery, and other matters as necessary to carry out this chapter; and (2) shall prescribe regulations providing that when the Federal Government purchases prod- ucts produced and offered for sale by qualified nonprofit agencies for the blind or qualified nonprofit agencies for other severely disabled, priority shall be given to products produced and offered for sale by qualified nonprofit agencies for the blind. (e) STUDY AND EVALUATION OF ACTIVITIES.— The Committee shall make a continuing study and evaluation of its activities under this chap- ter to ensure effective and efficient administra- tion of this chapter. The Committee on its own or in cooperation with other public or nonprofit private agencies may study— (1) problems related to the employment of the blind and other severely disabled individ- uals; and (2) the development and adaptation of pro- duction methods that would enable a greater utilization of the blind and other severely dis- abled individuals. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3836.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8503(a) ........ 41:47(a). June 25, 1938, ch. 697, § 2, 52 Stat. 1196; Pub. L. 92–28, § 1, June 23, 1971, 85 Stat. 79. 8503(b) ........ 41:47(b). 8503(c) ........ 41:47(c). 8503(d) ........ 41:47(d). 8503(e) ........ 41:47(e). In subsection (a), the text of 41:47(a)(1) (last sentence) is omitted as obsolete. The words ‘‘procurement list’’ are substituted for ‘‘(hereafter in sections 46 to 48c of this title referred to as the ‘procurement list’)’’ to eliminate unnecessary words. In subsection (d)(2), the text of 41:47(d)(2)(B) is omit- ted as obsolete. § 8504. Procurement requirements for the Fed- eral Government (a) IN GENERAL.—An entity of the Federal Government intending to procure a product or