[Unified Agenda of Federal Regulatory and Deregulatory Actions]
[Committee for Purchase From People Who Are Blind or Severely Disabled Semiannual Regulatory Agenda]
[From the U.S. Government Printing Office, www.gpo.gov]


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Part XXI





Committee for Purchase From People Who Are Blind or Severely Disabled





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Semiannual Regulatory Agenda

[[Page 27500]]



COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY 
DISABLED (CPBSD)                                                       


  



_______________________________________________________________________

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

41 CFR Ch. 51

Semiannual Regulatory Agenda

AGENCY: Committee for Purchase From People Who Are Blind or Severely 
Disabled.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: This document sets forth the regulatory agenda of the 
Committee for Purchase From People Who Are Blind or Severely Disabled 
(the Committee). This agenda is issued in accordance with Executive 
Order 12866 and the Regulatory Flexibility Act. The agenda lists 
regulations that are currently under development or review or that the 
Committee expects to have under development or review during the next 
12 months. The purpose for publishing this agenda is to advise the 
public of the Committee's current and future regulatory actions.

FOR FURTHER INFORMATION CONTACT: For further information on the agenda 
in general, contact G. John Heyer, General Counsel, Committee for 
Purchase From People Who Are Blind or Severely Disabled, 1421 Jefferson 
Davis Highway, Jefferson Plaza 2, Suite 10800, Arlington, VA, 22202-
3259; (703) 603-2121. For information about a specific regulation 
project listed on the agenda, contact the person designated in the 
agenda for that regulation.

SUPPLEMENTARY INFORMATION: Under Executive Order 12866 (58 FR 51735, 
October 4, 1993), each agency is required to prepare an agenda of all 
regulations under development or review. The Regulatory Flexibility Act 
(5 U.S.C. 601-612) has a similar agenda requirement (5 U.S.C. 602). 
Under the law, the agenda must list any regulation that is likely to 
have a significant economic impact on a substantial number of small 
entities.

     The Office of Management and Budget has issued guidelines 
prescribing the form and content of the regulatory agenda. Under 
those guidelines, the agenda must list all regulatory activities 
being conducted or reviewed in the next 12 months and provide 
certain specified information on each regulation. All of the items 
on this agenda are current or projected rulemakings.

Dated: March 16, 2005.

 Leon A. Wilson, Jr.,

Executive Director.

           Committee for Purchase From People Who Are Blind or Severely Disabled--Proposed Rule Stage
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2866        Javits-Wagner-O'Day Program; Determining Whether Commodities Are ``Essentially the        3037-AA01
            Same''................................................................................
2867        Javits-Wagner-O'Day (JWOD) Program Ratio Requirements.................................    3037-AA02
2868        Javits-Wagner-O'Day (JWOD) Program; Suitability Criteria and Determinations...........    3037-AA03
2869        Responsibilities of Central Nonprofit Agencies........................................    3037-AA04
2870        Javits-Wagner-O'Day Program; Initial Qualification Criteria...........................    3037-AA05
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            Committee for Purchase From People Who Are Blind or Severely Disabled--Long-Term Actions
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2871        Governance Standards for Central Nonprofit Agencies and Nonprofit Agencies                3037-AA00
            Participating in the Javits-Wagner-O'Day Program......................................
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_______________________________________________________________________


Committee for Purchase From People Who Are Blind or Severely 
Disabled (CPBSD)                                    Proposed Rule Stage


  



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2866. JAVITS-WAGNER-O'DAY PROGRAM; DETERMINING WHETHER COMMODITIES ARE 
``ESSENTIALLY THE SAME''

Priority: Other Significant

Legal Authority: 41 USC 46 to 48c

CFR Citation: 41 CFR 51-5

Legal Deadline: None

Abstract: The Committee for Purchase From People Who Are Blind or 
Severely Disabled (The Committee), which is responsible for 
administering the Javits-Wagner-O'Day (JWOD) Act, proposes to amend its 
regulations by adding guidelines for Federal agencies' use in 
determining whether commercial commodities are ``essentially the same'' 
as items on the Procurement List. The Procurement List is the official 
list of commodities and services that the Committee has determined to 
be suitable for provision to the Government by nonprofit agencies 
employing people who are blind or who have other severe disabilities 
and that, pursuant to the JWOD Act and the regulations, must be 
purchased from the source designated by the Committee. The guidelines 
for Federal agencies would clarify the meaning and applicability of the 
term ``essentially the same,'' which currently appears but

[[Page 27501]]

is not defined in the Committee's regulations. As such, the guidelines 
would assist Federal employees who make purchasing decisions in 
complying with the JWOD Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05
NPRM Comment Period End         11/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Kimberly Zeich, Director, JWOD Business Development, 
Committee for Purchase From People Who Are Blind or Severely Disabled, 
1421 Jefferson Davis Highway, Jefferson Plaza 2, Suite 10800, 
Arlington, VA 22202-3259
Phone: 703 603-2130
Fax: 703 603-0655
Email: [email protected]

RIN: 3037-AA01
_______________________________________________________________________




2867. JAVITS-WAGNER-O'DAY (JWOD) PROGRAM RATIO REQUIREMENTS

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 46 to 48c

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The Committee for Purchase From People Who Are Blind or 
Severely Disabled (The Committee), which is responsible for 
administering and overseeing the implementation of the Javits-Wagner-
O'Day (JWOD) Act, is planning to propose to amend its regulations by 
adding a requirement that for total JWOD project work, the direct labor 
hours performed by people who are blind or severely disabled must be at 
least 75 percent, and for individual JWOD projects, the direct labor 
hours performed by people who are blind or severely disabled must be no 
lower than 60 percent. This proposed rule would also, among other 
things, provide a mechanism for the phase-in of projects that cannot 
initially meet the direct labor hour percentage requirements set forth 
in the proposal.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/05
NPRM Comment Period End         01/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Local, State

Agency Contact: Louis Bartalot, Director, Program Analysis and 
Evaluation, Committee for Purchase From People Who Are Blind or 
Severely Disabled, 1421 Jefferson Davis Highway, Jefferson Plaza 2, 
Suite 10800, Arlington, VA 22202-3259
Phone: 703 603-2124
Fax: 703 603-0655
Email: [email protected]

RIN: 3037-AA02
_______________________________________________________________________




2868. JAVITS-WAGNER-O'DAY (JWOD) PROGRAM; SUITABILITY CRITERIA AND 
DETERMINATIONS

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 46 to 48c

CFR Citation: 41 CFR 51-2

Legal Deadline: None

Abstract: The Committee for Purchase From People Who Are Blind or 
Severely Disabled (The Committee), which is responsible for 
administering and overseeing the implementation of the Javits-Wagner-
O'Day (JWOD) Act, is planning to propose to amend its regulations by 
revising and clarifying the current suitability criteria in 41 CFR 51-
2.4. These criteria are used by the Committee to make determinations 
regarding whether a commodity or service is suitable to be added to the 
Procurement List, which is the list of commodities and services that 
the Committee has determined are suitable to be furnished to the 
Government by nonprofit agencies employing people who are blind or who 
have other severe disabilities pursuant to the JWOD Act and the 
regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/06
NPRM Comment Period End         03/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Local, State

Agency Contact: Louis Bartalot, Director, Program Analysis and 
Evaluation, Committee for Purchase From People Who Are Blind or 
Severely Disabled, 1421 Jefferson Davis Highway, Jefferson Plaza 2, 
Suite 10800, Arlington, VA 22202-3259
Phone: 703 603-2124
Fax: 703 603-0655
Email: [email protected]

RIN: 3037-AA03
_______________________________________________________________________




2869. RESPONSIBILITIES OF CENTRAL NONPROFIT AGENCIES

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 46 to 48c

CFR Citation: 41 CFR 51-3

Legal Deadline: None

Abstract: The Committee for Purchase From People Who Are Blind or 
Severely Disabled (The Committee), which is responsible for 
administering and overseeing the implementation of the Javits-Wagner-
O'Day (JWOD) Act, is planning to propose to amend its regulations by 
revising and clarifying the current responsibilities under the JWOD 
Program of central nonprofit agencies designated by the Committee. 
These responsibilities are set forth at 41 CFR 51-3.2 of the 
regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/06
NPRM Comment Period End         05/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Patrick Rowe, Deputy Executive Director, Committee for 
Purchase From People Who Are Blind or Severely Disabled, 1421 Jefferson 
Davis Highway, Jefferson Plaza 2, Suite 10800, Arlington, VA 22202-3259
Phone: 703 603-2125
Fax: 703 603-0655
Email: [email protected]

RIN: 3037-AA04
_______________________________________________________________________




2870. [bull] JAVITS-WAGNER-O'DAY PROGRAM; INITIAL QUALIFICATION CRITERIA

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 46-48c

CFR Citation: 41 CFR 51-4

Legal Deadline: None

Abstract: The Committee for Purchase From People Who Are Blind or 
Severely Disabled (The Committee), which is responsible for 
administering

[[Page 27502]]

and overseeing the implementation of the Javits-Wagner-O'Day (JWOD) 
Act, is planning to propose to amend its regulations by revising and 
clarifying the initial qualification criteria for nonprofit agencies 
that would like to participate in the JWOD Program. These criteria are 
set forth at 41 CFR 51-4.2 of the regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/06
NPRM Comment Period End         03/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Agency Contact: Louis Bartalot, Director, Program Analysis and 
Evaluation, Committee for Purchase From People Who Are Blind or 
Severely Disabled, 1421 Jefferson Davis Highway, Jefferson Plaza 2, 
Suite 10800, Arlington, VA 22202-3259
Phone: 703 603-2124
Fax: 703 603-0655
Email: [email protected]

RIN: 3037-AA05
_______________________________________________________________________


Committee for Purchase From People Who Are Blind or Severely 
Disabled (CPBSD)                                      Long-Term Actions


  



_______________________________________________________________________




2871. GOVERNANCE STANDARDS FOR CENTRAL NONPROFIT AGENCIES AND NONPROFIT 
AGENCIES PARTICIPATING IN THE JAVITS-WAGNER-O'DAY PROGRAM

Priority: Other Significant

Legal Authority: 41 USC 46 to 48c

CFR Citation: 41 CFR 51-2; 41 CFR 51-3; 41 CFR 51-4

Legal Deadline: None

Abstract: The Committee for Purchase From People Who Are Blind or 
Severely Disabled (The Committee), which is responsible for 
administering and overseeing the implementation of the Javits-Wagner-
O'Day (JWOD) Act, proposes to amend its regulations by requiring 
nonprofit agencies awarded Government contracts under the authority of 
the JWOD Act, as well as central nonprofit agencies designated by the 
Committee, to comply with new governance standards. The proposed 
governance standards are primarily based on standards that are common 
practice in nonprofit and business communities. These new standards 
would include, among other things, standards concerning the practices 
of boards of directors and the reasonableness of executive and other 
employee compensation. Recent accounts alleging, and public concern 
regarding, isolated instances of excessive compensation packages for 
nonprofit agency executives; a perceived lack of full disclosure in the 
financial reporting of nonprofit agencies; and the absence of formal 
guidelines to establish independent boards of directors for JWOD-
affiliated central nonprofit agencies and nonprofit agencies prompted 
this proposed change. If fully implemented, this change would help 
promote sound governance procedures for central nonprofit agencies and 
nonprofit agencies participating in the JWOD-Program, help ensure the 
effective and transparent administration of Government contract funds, 
and continue to maintain a high level of public support for the JWOD 
Program's employment mission.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/12/04                    69 FR 65395
Other/NPRM Comment Period 
Extended                        12/03/04                    69 FR 70214
NPRM Comment Period End         02/10/05


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: G. John Heyer, General Counsel, Committee for Purchase 
From People Who Are Blind or Severely Disabled, 1421 Jefferson Davis 
Highway, Jefferson Plaza 2, Suite 10800, Arlington, VA 22202-3259
Phone: 703 603-2121
Fax: 703 603-0655
Email: [email protected]

RIN: 3037-AA00
[FR Doc. 05-5996 Filed 05-13-05; 8:45 am]
BILLING CODE 6353-01-S