41 U.S.C. § 8501 — Definitions

Page 206 TITLE 41—PUBLIC CONTRACTS § 8305 Pub. L. 102–396, title IX, § 9096, Oct. 6, 1992, 106 Stat. 1924, as amended by Pub. L. 103–355, title VII, § 7206(b), Oct. 13, 1994, 108 Stat. 3382. Pub. L. 102–190, div. A, title VIII, § 833, Dec. 5, 1991, 105 Stat. 1447. Pub. L. 102–172, title VIII, § 8123, Nov. 26, 1991, 105 Stat. 1205. Pub. L. 101–189, div. A, title VIII, § 823, Nov. 29, 1989, 103 Stat. 1504. § 8305. Annual report Not later than 60 days after the end of each fiscal year, the Secretary of Defense shall sub- mit to Congress a report on the amount of pur- chases by the Department of Defense from for- eign entities in that fiscal year. The report shall separately indicate the dollar value of items for which this chapter was waived pursuant to— (1) a reciprocal defense procurement memo- randum of understanding described in section 8304(a) of this title; (2) the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.); or (3) an international agreement to which the United States is a party. (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) 8305 ............ 41:10b–3. Pub. L. 104–201, div. A, title VIII, § 827, Sept. 23, 1996, 110 Stat. 2611; Pub. L. 105–85, div. A, title VIII, § 846, Nov. 18, 1997, 111 Stat. 1845; Pub. L. 105–261, div. A, title VIII, § 812, Oct. 17, 1998, 112 Stat. 2086. CHAPTER 85—COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SE- VERELY DISABLED Sec. 8501. Definitions. 8502. Committee for Purchase From People Who Are Blind or Severely Disabled. 8503. Duties and powers of the Committee. 8504. Procurement requirements for the Federal Government. 8505. Audit. 8506. Authorization of appropriations. § 8501. Definitions In this chapter: (1) BLIND.—The term ‘‘blind’’ refers to an in- dividual or class of individuals whose central visual acuity does not exceed 20/200 in the bet- ter 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 de- grees. (2) COMMITTEE.—The term ‘‘Committee’’ means the Committee for Purchase From Peo- ple Who Are Blind or Severely Disabled estab- lished under section 8502 of this title. (3) DIRECT LABOR.—The term ‘‘direct labor’’— (A) includes all work required for prepara- tion, processing, and packing of a product, or work directly relating to the performance of a service; but (B) does not include supervision, adminis- tration, inspection, or shipping. (4) ENTITY OF THE FEDERAL GOVERNMENT AND FEDERAL GOVERNMENT.—The terms ‘‘entity of the Federal Government’’ and ‘‘Federal Gov- ernment’’ include an entity of the legislative or judicial branch, a military department or executive agency (as defined in sections 102 and 105 of title 5, respectively), the United States Postal Service, and a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces. (5) OTHER SEVERELY DISABLED.—The term ‘‘other severely disabled’’ means an individual or class of individuals under a physical or mental disability, other than blindness, which (according to criteria established by the Com- mittee after consultation with appropriate en- tities of the Federal Government and taking into account the views of non-Federal Govern- ment entities representing the disabled) con- stitutes a substantial handicap to employment and is of a nature that prevents the individual from currently engaging in normal competi- tive employment. (6) QUALIFIED NONPROFIT AGENCY FOR OTHER SEVERELY DISABLED.—The term ‘‘qualified non- profit agency for other severely disabled’’ means an agency— (A)(i) organized under the laws of the United States or a State; (ii) operated in the interest of severely dis- abled individuals who are not blind; and (iii) of which no part of the net income of the agency inures to the benefit of a share- holder or other individual; (B) that complies with any applicable oc- cupational health and safety standard pre- scribed by the Secretary of Labor; and (C) that in the production of products and in the provision of services (whether or not the products or services are procured under this chapter) during the fiscal year employs blind or other severely disabled individuals for at least 75 percent of the hours of direct labor required for the production or provi- sion of the products or services. (7) QUALIFIED NONPROFIT AGENCY FOR THE BLIND.—The term ‘‘qualified nonprofit agency for the blind’’ means an agency— (A)(i) organized under the laws of the United States or a State; (ii) operated in the interest of blind indi- viduals; and (iii) of which no part of the net income of the agency inures to the benefit of a share- holder or other individual; (B) that complies with any applicable oc- cupational health and safety standard pre- scribed by the Secretary of Labor; and (C) that in the production of products and in the provision of services (whether or not the products or services are procured under this chapter) during the fiscal year employs blind individuals for at least 75 percent of the hours of direct labor required for the production or provision of the products or services. (8) SEVERELY DISABLED INDIVIDUAL.—The term ‘‘severely disabled individual’’ means an 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: