[Federal Register: May 15, 2008 (Volume 73, Number 95)]
[Rules and Regulations]
[Page 28043-28044]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15my08-13]
[[Page 28043]]
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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
41 CFR Parts 51-3 and 51-4
RIN 3037-AA04
Change in Investigatory Procedures
AGENCY: Committee for Purchase From People Who Are Blind or Severely
Disabled.
ACTION: Final rule.
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SUMMARY: The Committee for Purchase From People Who Are Blind or
Severely Disabled (the Committee) has deliberated and voted to clarify
the Committee's role regarding oversight of nonprofit agencies within
the AbilityOne Program. Previously, the Committee had authorized the
designated Central Nonprofit Agencies (CNAs) to perform some oversight
responsibilities of AbilityOne participating nonprofit agencies.
However, through this action, the Committee assumes sole responsibility
for official Program oversight including inspecting and investigating
alleged violations by the nonprofit agencies. This action is taken to
address a General Accountability Office (GAO) report recommendation
aimed at improving oversight of the AbilityOne Program.
DATES: Effective Date: May 15, 2008.
ADDRESSES: The Committee office is located at Jefferson Plaza 2, Suite
10800, 1421 Jefferson Davis Highway, Arlington, VA 22202-3259.
FOR MORE INFORMATION CONTACT: Dennis Lockard, General Counsel, by
telephone (703) 603-7740, or by facsimile at (703) 603-0030, or by mail
at the Committee for Purchase From People Who Are Blind or Severely
Disabled, 1421 Jefferson Davis Hwy, Suite 10800, Arlington, VA 22202-
3259.
SUPPLEMENTARY INFORMATION: The Committee's statutory authority includes
making rules and regulations necessary to carry out the Javits-Wagner-
O'Day (JWOD) Act (41 U.S.C. 46-48c). The Committee implements the
purpose of the Act to provide employment opportunities for people who
are blind or have other severe disabilities through the manufacture and
delivery of products and services to the Federal Government. The
Committee has designated two Central Nonprofit Agencies (CNAs),
National Industries for the Blind (NIB) and NISH (serving people with a
wide range of disabilities) to assist in the program's implementation
and to represent their respective qualified nonprofit agencies
nationwide. These qualified nonprofit agencies employ people who are
blind or severely disabled to produce the products and provide the
services the Committee determines are suitable for procurement by the
Government.
In January of 2007, GAO released a Report to Congressional
Requesters entitled ``Federal Disability Assistance: Stronger Federal
Oversight Could Help Assure Multiple Programs' Accountability'' (GAO-
07-236). In response to the request from Congress, GAO reviewed four
federal employment related programs aimed at helping people with
disabilities obtain jobs. The AbilityOne was one of the four programs
reviewed by GAO. The GAO's tasks, specific to the Committee, were to
assess the extent to which performance goals and measures were
established and to assess the extent of the Committee's oversight
procedures over the CNAs.
In performing its function for Congressional Requesters, the GAO
found that the Committee delegates most of its oversight
responsibilities to the two CNAs. Although the Committee retained some
authority to investigate the nonprofit agencies for possible violations
of the Committee's regulations, the majority of oversight of the
qualified nonprofit agencies was done by the CNAs who also represent
the interests of the nonprofit agencies to the Committee and other
Federal agencies. The GAO concluded that this arrangement, as well as
the fact that the CNAs received a percentage of the total value of
contracts from the affiliated nonprofit agencies, raised questions
about the CNAs independence and gave the CNAs little incentive to
identify regulatory violations because that might result in the
nonprofit agencies losing contracts and thus losing their ability to
pay the CNAs a fee.
This interpretive rule is a Committee action to address GAO's
concerns about the Committee's oversight procedures of the CNAs.
Executive Order 12866: This agency has made the determination that
this rule is not significant for the purposes of EO 12866.
Administrative Procedure Act: The Committee finds under 5 U.S.C.
553(b)(3)(A) that the statute does not apply to interpretive rules,
general statements of policy, or rules of agency organization,
procedure, or practice. This final rule simply changes the
investigatory authority from the Central Nonprofit Agencies to the
Committee for Purchase From People Who Are Blind or Severely Disabled.
Further, pursuant to 5 U.S.C. 553(b)(3)(A), this rule of agency
organization, procedure and practice is not subject to the requirement
to provide prior notice and an opportunity for public comment. The
Committee also finds that the 30-day delay in effectiveness, required
under 5 U.S.C. 553(d), is inapplicable because this rule is not a
substantive rule.
Regulatory Flexibility Act: Because notice and opportunity for
comment are not required pursuant to 5 U.S.C. 553 or any other law, the
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are inapplicable. Therefore, a regulatory flexibility analysis
is not required and has not been prepared.
List of Subjects
41 CFR Part 51-3
Government procurement, Individuals with disabilities.
41 CFR Part 51-4
Government procurement, Individuals with disabilities, Reporting
and recordkeeping requirements.
PART 51-3--CENTRAL NONPROFIT AGENCIES
0
1. The authority citation for part 51-3 continues to read as follows:
Authority: 41 U.S.C. 46-48c.
0
2. In Sec. 51-3.2 revise paragraph (j) to read as follows:
Sec. 51-3.2 Responsibilities under the AbilityOne Program.
* * * * *
(j) Monitor and assist its nonprofit agencies to meet the statutory
and regulatory requirements to fully participate in the program.
Conduct assistance visits with its nonprofits as necessary and provide
the Committee with the results and recommendations of such visits.
* * * * *
PART 51-4--NONPROFIT AGENCIES
0
3. The authority citation for part 51-4 continues to read as follows:
Authority: 41 U.S.C. 46-48c.
Sec. 51-4.3 [Amended]
0
4. In Sec. 51-4.3 paragraph (b)(4), remove the word ``inspection'' and
add in its place the word ``review''.
Sec. 51-4.5 [Amended]
0
5. Section 51-4.5(a) is amended by:
0
A. Removing the words ``appropriate central nonprofit agency'' and
adding in their place the word ``Committee''; and
0
B. Removing the second and third sentences.
[[Page 28044]]
Dated: May 9, 2008.
Earnestine Ballard,
Executive Director.
[FR Doc. E8-10770 Filed 5-14-08; 8:45 am]
BILLING CODE 6353-01-P