[Federal Register Volume 73, Number 95 (Thursday, May 15, 2008)]
[Rules and Regulations]
[Pages 28043-28044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10770]



[[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