Javits-Wagner-O’Day Act (41 U.S.C. 46-48c)
The Javits-Wagner-O’Day (JWOD) Act appears in Title 41 of the United
States Code, Sections 46 through 48c. This document gives the current
legislative language of the JWOD Act with references to the applicable
U.S.C. sections. Footnotes provide the citation for Public Laws
related to the AbilityOne Program from its start in 1938 through to the
last amendment in 1994.
Current Federal Regulatory Plan for the Committee for Purchase From People Who Are Blind or Severely Disabled can be located at RegInfo.gov by selecting the agency.
Javits-Wagner-O'Day Act, Section 1 (41 U.S.C.§ 46)
§ 1. Committee for Purchase from People Who Are Blind
or Severely Disabled
(a) Establishment
There is established a committee to be known as the Committee for
Purchase From People Who Are Blind or Severely Disabled (hereafter
in this Act referred to as the "Committee"). The Committee shall
be composed of fifteen members appointed as follows:
(1) The President shall
appoint as a member one officer or employee from each of the following:
The Department of Agriculture, the Department of Defense, the Department
of the Army, the Department of the Navy, the Department of the Air
Force, the Department of Education, the Department of Commerce,
the Department of Veterans Affairs, the Department of Justice, the
Department of Labor, and the General Services Administration. The
head of each such department and agency shall nominate one officer
or employee in his department or agency for appointment under this
paragraph.
(2)(A) The President shall
appoint one member from persons who are not officers or employees
of the Government and who are conversant with the problems incident
to the employment of the blind.
(B) The President shall
appoint one member from persons who are not officers or employees
of the Government and who are conversant with the problems incident
to the employment of other severely handicapped individuals.
(C) The President shall
appoint one member of persons who are not officers or employees
of the Government and who represent blind individuals employed in
qualified nonprofit agencies for the blind.
(D) The President shall
appoint one member from persons who are not officers or employees
of the Government and who represent severely handicapped individuals
(other than blind individuals) employed in qualified nonprofit agencies
for other severely handicapped individuals.
(b) Vacancy
A vacancy in the membership of the Committee shall be filled in
the manner in which the original appointment was made.
(c) Chairman
The members of the Committee shall elect one of their numbers to
be Chairman.
(d) Terms
(1) Except as provided in
paragraphs (2), (3), and (4), members appointed under paragraph
(2) of subsection (a) of this section shall be appointed for terms
of five years. Any member appointed to the Committee under such
paragraph may be reappointed to the Committee if he meets the qualifications
prescribed by that paragraph.
(2) Of the members first
appointed under paragraph (2) of subsection (a) of this section:
(A) one shall be appointed
for a term of three years,
(B) one shall be appointed
for a term of four years, and
(C) one shall be appointed
for a term of five years,
as designated by the President at the time of appointment.
(3) Any member appointed
under paragraph (2) of subsection (a) of this section to fill a
vacancy occurring prior to the expiration of the term for which
his predecessor was appointed shall be appointed only for the remainder
of such term. A member appointed under such paragraph may serve
after the expiration of his term until his successor has taken office.
(4) The member first appointed
under paragraph (2)(B) of subsection (a) of this section shall be
appointed for a term of three years.
(e) Pay and travel expenses
(1) 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 in
effect for grade GS-18 of the General Schedule for each day (including
travel time) during which they are engaged in the actual performance
of services for the Committee.
(2) Members of the Committee
who are officers or employees of the Government shall receive no
additional pay on account of their service on the Committee.
(3) While away from their
homes or regular places of business in the performance of services
for the Committee, members of the Committee shall be allowed travel
expenses, including per diem in lieu of subsistence, in the same
manner as persons employed intermittently in the Government service
are allowed expenses under section 5703(b) of Title 5, United States
Code.
(f) Staff
(1) Subject to such rules
as may be adopted by the Committee, the Chairman may appoint and
fix the pay of such personnel as the Committee determines are necessary
to assist it in carrying out its duties and powers under this Act.
(2) Upon request of the
Committee, the head of any entity of the Government is authorized
to detail, on a reimbursable basis, any of the personnel of such
entity to the Committee to assist it in carrying out its duties
and powers under this Act.
(3) The staff of the Committee
appointed under paragraph (1) 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
such Title 5 relating to classification and General Schedule pay
rates.
(g) Obtaining official data
The Committee may secure directly from any entity of the Government
information necessary to enable it to carry out this Act. Upon request
of the Chairman of the Committee, the head of such Government entity
shall furnish such information to the Committee.
(h) Administrative support services
The Administrator of General Services shall provide to the Committee
on a reimbursable basis such administrative support services as
the Committee may request.
(i) Annual report
The Committee shall, not later than December 31 of each year, transmit
to the President and to the Congress a report which shall include
the names of the Committee members serving in the preceding fiscal
year, the dates of Committee meetings in that year, a description
of its activities under this Act in that year, and any recommendations
for changes in this Act which it determines are necessary.
(June 25, 1938, c. 697, § 1, 52 Stat. 1196; June 23, 1971, Pub.L.
92-28, § 1, 85 Stat. 77; July 25, 1974, Pub.L. 93-358, § 1(1), (2),
88 Stat. 392, 393; Apr. 21, 1976, Pub.L. 94-273, § 8(2), 90 Stat.
378; Oct. 17, 1979, Pub.L. 96-88, Title V, § 509(b), 93 Stat. 695;
June 13, 1991, Pub.L. 102-54, § 13(p), 105 Stat. 278; Oct 29, 1992,
Pub.L. 102-569, Title IX, § 911(a), 106 Stat. 4486; Aug. 11, 1993,
Pub.L. 103-73, Title III, § 301, 107 Stat. 736.)
Javits-Wagner-O'Day Act, Section 2 (41 U.S.C.§ 47)
§ 2. Duties and powers of Committee
(a) Procurement list: publication in Federal Register;
additions and removals
(1) The Committee shall
establish and publish in the Federal Register a list (hereafter
in this Act referred to as the "procurement list") of:
(A) the commodities produced
by any qualified nonprofit agency for the blind or by any qualified
nonprofit agency for other severely handicapped, and
(B) the services provided
by any such agency,
which the Committee determines
are suitable for procurement by the Government pursuant to this
Act. Such list shall be established and published in the Federal
Register before the expiration of the thirty-day period beginning
on Aug. 1, 1971, and shall initially consist of the commodities
contained, on such date, in the schedule of blind-made products
issued by the former Committee on Purchases of Blind-Made Products
under its regulations.
(2) The Committee may, by
rule made in accordance with the requirements of subsection (b),
(c), (d), and (e) of section 553 of Title 5, United States Code,
add to and remove from the procurement list commodities so produced
and services so provided.
(b) Fair market price; price revisions
The Committee shall determine the fair market price of commodities
and services which are contained on the procurement list and which
are offered for sale to the Government by any qualified nonprofit
agency for the blind or any such agency for other severely handicapped.
The Committee shall also revise from time to time in accordance
with changing market conditions its price determinations with respect
to such commodities and services.
(c) Central nonprofit agency; designation
The Committee shall designate a central nonprofit agency or agencies
to facilitate the distribution (by direct allocation, subcontract,
or any other means) of orders of the Government for commodities
and services on the procurement list among qualified nonprofit agencies
for the blind or such agencies for other severely handicapped.
(d) Rules and regulations; blind-made products,
priority
(1) The Committee may make
rules and regulations regarding (A) specifications for commodities
and services on the procurement list, (B) the time of their delivery,
and (C) such other matters as may be necessary to carry out the
purposes of this Act.
(2) The Committee shall
prescribe regulations providing that:
(A) in the purchase by the
Government of commodities produced and offered for sale by qualified
nonprofit agencies for the blind or such agencies for other severely
handicapped, priority shall be accorded to commodities produced
and offered for sale by qualified nonprofit agencies for the blind,
and
(B) in the purchase by the
Government of services offered by nonprofit agencies for the blind
or such agencies for other severely handicapped, priority shall,
until the end of the calendar year ending December 31, 1976, be
accorded to services offered for sale by qualified nonprofit agencies
for the blind.
(e) Problems and production methods; study and
evaluation
The Committee shall make a continuing study and evaluation of its
activities under this Act for the purpose of assuring effective
and efficient administration of this Act. The Committee may study
(on its own or in cooperation with other public or nonprofit private
agencies) (1) problems related to the employment of the blind and
of other severely handicapped individuals, and (2) the development
and adaptation of production methods which would enable a greater
utilization of the blind and other severely handicapped individuals.
(June 25, 1938, c. 697, § 2, 52 Stat. 1196; June 23, 1971, Pub.L.
92-28, § 1, 85 Stat. 79.)
Javits-Wagner-O'Day Act, Section 3 (41 U.S.C.§ 48)
§ 3. Procurement requirements for Government; non-application
to prison made products
If any entity of the Government intends to procure any commodity
or service on the procurement list, that entity shall, in accordance
with rules and regulations of the Committee, procure such commodity
or service, at the price established by the Committee, from a qualified
nonprofit agency for the blind or such an agency for other severely
handicapped if the commodity or service is available within the
period required by that Government entity; except that this section
shall not apply with respect to the procurement of any commodity
which 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 18, is required to be procured from such
industry.
(June 25, 1938, c. 697, § 3, 52 Stat. 1196; June 23, 1971, Pub.L.
92-28, § 1, 85 Stat. 80.)
Javits-Wagner-O'Day Act, Section 4 (41 U.S.C.§ 48a)
§ 4. Audit
The Comptroller General of the United States, or any of his duly
authorized representatives, shall have access, for the purpose of
audit and examination, to any books, documents, papers, and other
records of the Committee and of each agency designated by the Committee
under section 2(c) of this Act. This section shall also apply to
any qualified nonprofit agency for the blind and any such agency
for other severely handicapped which have sold commodities 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.
(June 25, 1938, c. 697, § 4, as added June 23, 1971, Pub.L. 92-28,
§ 1, 85 Stat. 81.)
Javits-Wagner-O'Day Act, Section 5 (41 U.S.C.§ 48b)
§ 5. Definitions
For purposes of this Act:
(1) The term "blind" refers
to 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.
(2) The terms "other severely
handicapped" and "severely handicapped individuals" mean an individual
or class of individuals under a physical or mental disability, other
than blindness, which (according to criteria established by the
Committee after consultation with appropriate entities of the Government
and taking into account the views of non-Government entities representing
the handicapped) constitutes a substantial handicap to employment
and is of such a nature as to prevent the individual under such
disability from currently engaging in normal competitive employment.
(3) The term "qualified
nonprofit agency for the blind" means an agency:
(A) organized under the
laws of the United States or of any State, operated in the interest
of blind individuals, and the net income of which does not inure
in whole or in part to the benefit of any shareholder or other individual;
(B) which complies with
any applicable occupational health and safety standard prescribed
by the Secretary of Labor; and
(C) which in the production
of commodities and in the provision of services (whether or not
the commodities or services are procured under this Act) during
the fiscal year employs blind individuals for not less than 75 per
centum of the man-hours of direct labor required for the production
or provision of the commodities or services.
(4) The term "qualified
nonprofit agency for other severely handicapped" means an agency:
(A) organized under the
laws of the United States or of any State, operated in the interest
of severely handicapped individuals who are not blind, and the net
income of which does not inure in whole or in part to the benefit
of any shareholder or other individual;
(B) which complies with
any applicable occupational health and safety standard prescribed
by the Secretary of Labor; and
(C) which in the production
of commodities and in the provision of services (whether or not
the commodities or services are procured under this Act) during
the fiscal year employs blind or other severely handicapped individuals
for not less than 75 per centum of the man-hours of direct labor
required for the production or provision of the commodities or services.
(5) The term "direct labor"
includes all work required for preparation, processing, and packing
of a commodity, or work directly relating to the performance of
a service, but not supervision, administration, inspection, or shipping.
(6) The term "fiscal year"
means the twelve-month period beginning October 1 of each year.
(7) The term "Government"
and "entity of the Government" include 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 non-appropriated fund instrumentality
under the jurisdiction of the Armed Forces.
(8) The term "State" includes
the District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Trust Territory of the Pacific
Islands.
(June 25, 1938, c. 697, § 5, as added June 23, 1971, Pub.L. 92-28,
§ 1, 85 Stat. 81, and amended July 25, 1974, Pub.L. 93-358, § 1(3),
88 Stat. 393; Apr. 21, 1976, Pub.L. 94-273, § 3(22), 90 Stat. 377.)
Javits-Wagner-O'Day Act, Section 6 (41 U.S.C.§ 48c)
§ 6. Authorization of appropriations
There are authorized to be appropriated to the Committee to carry
out this Act $240,000 for the fiscal year ending June 30, 1974,
and such sums as may be necessary for the succeeding fiscal years.
(June 25, 1938, c. 697, § 6, as added June 23, 1971, Pub.L. 92-28,
§ 1, 85 Stat. 82, and amended July 30, 1973, Pub.L. 93-76, 87 Stat.
176; July 25, 1974, Pub.L. 93-358, § 1(4), 88 Stat. 393.)
Javits-Wagner-O'Day Act, Section 7 (41 U.S.C.§ 46 nt.)
§ 7. Short title
This Act may be cited as the "Javits-Wagner-O'Day Act."
(June 25, 1938, c. 697, § 7, as added Oct. 13, 1994, Pub.L. 103-355,
Title X, § 10005(f)(6), 108 Stat. 3409.)
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