41 U.S.C. § 8305 — Annual report

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