In this chapter:
(1)
(2)
(3)
(A) includes all work required for preparation, processing, and packing of a product, or work directly relating to the performance of a service; but
(B) does not include supervision, administration, inspection, or shipping.
(4)
(5)
(6)
(A)(i) organized under the laws of the United States or a State;
(ii) operated in the interest of severely disabled individuals who are not blind; and
(iii) of which no part of the net income of the agency inures to the benefit of a shareholder or other individual;
(B) that complies with any applicable occupational health and safety standard prescribed 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 provision of the products or services.
(7)
(A)(i) organized under the laws of the United States or a State;
(ii) operated in the interest of blind individuals; and
(iii) of which no part of the net income of the agency inures to the benefit of a shareholder or other individual;
(B) that complies with any applicable occupational health and safety standard prescribed 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)
(9)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3833.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8501(1) | 41:48b(1). | June 25, 1938, ch. 697, §5, 52 Stat. 1196; Pub. L. 92–28, §1, June 23, 1971, 85 Stat. 81; Pub. L. 93–358, §1(3), July 25, 1974, 88 Stat. 393; Pub. L. 94–273, §3(22), Apr. 21, 1976, 90 Stat. 377. |
8501(2) | 41:46(a) (words in parentheses before par. (1)). | June 25, 1938, ch. 697, §1(a) (words in parentheses before par. (1)), 52 Stat. 1196; Pub. L. 92–28, §1, June 23, 1971, 85 Stat. 77. |
8501(3) | 41:48b(5). | |
8501(4) | 41:48b(7). | |
8501(5) | 41:48b(2). | |
8501(6) | 41:48b(4). | |
8501(7) | 41:48b(3). | |
8501(8) | 41:48b(2). | |
8501(9) | 41:48b(8). |
In this chapter, the word "disabled" is substituted for "handicapped" for consistency with the name of the Committee. The word "product" is substituted for "commodity" to reflect the current usage of the items produced in the Committee's program.
In this section, the text of 41:48b(6) is omitted as unnecessary.
In paragraph (9), the words "the Northern Mariana Islands" are substituted for "the Trust Territory of the Pacific Islands" because the Trust Territory of the Pacific Islands terminated. See 48 U.S.C. note prec. 1681. However, section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U.S.C. 1801 note) provided that laws in existence on the effective date of section 502 that were applicable to Guam and that were of general application to the several States would apply to the Northern Mariana Islands. The Marshall Islands, Palau, and the Federated States of Micronesia are not included because although they were part of the Trust Territory of the Pacific Islands, they are independent entities and not part of the United States.
Pub. L. 109–364, div. A, title VIII, §856(a), (d), Oct. 17, 2006, 120 Stat. 2347, 2349, provided that:
"(a)
"(1)
"(2)
"(B) The Javits-Wagner-O'Day Act [now 41 U.S.C. 8501 et seq.] shall apply to any subcontract entered into by a Department of Defense contractor for full food services, mess attendant services, and other services supporting the operation of a military dining facility.
"(3)
"(d)
"(1) The term 'State licensing agency' means any agency designated by the Secretary of Education under section 2(a)(5) of the Randolph-Sheppard Act (20 U.S.C. 107a(a)(5)).
"(2) The term 'military dining facility' means a facility owned, operated, leased, or wholly controlled by the Department of Defense and used to provide dining services to members of the Armed Forces, including a cafeteria, military mess hall, military troop dining facility, or any similar dining facility operated for the purpose of providing meals to members of the Armed Forces."
Pub. L. 109–163, div. A, title VIII, §848(b), (c), Jan. 6, 2006, 119 Stat. 3395, provided that:
"(b)
"(c)
(a)
(b)
(1) One officer or employee from each of the following, nominated by the head of the department or agency:
(A) The Department of Agriculture.
(B) The Department of Defense.
(C) The Department of the Army.
(D) The Department of the Navy.
(E) The Department of the Air Force.
(F) The Department of Education.
(G) The Department of Commerce.
(H) The Department of Veterans Affairs.
(I) The Department of Justice.
(J) The Department of Labor.
(K) The General Services Administration.
(2) One member from individuals who are not officers or employees of the Federal Government and who are conversant with the problems incident to the employment of the blind.
(3) One member from individuals who are not officers or employees of the Federal Government and who are conversant with the problems incident to the employment of other severely disabled individuals.
(4) One member from individuals who are not officers or employees of the Federal Government and who represent blind individuals employed in qualified nonprofit agencies for the blind.
(5) One member from individuals who are not officers or employees of the Federal Government and who represent severely disabled individuals (other than blind individuals) employed in qualified nonprofit agencies for other severely disabled individuals.
(c)
(d)
(e)
(1)
(2)
(f)
(1)
(2)
(g)
(1)
(2)
(h)
(i)
(j)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3835.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8502(a), (b) | 41:46(a) (less words in parentheses before par. (1)). | June 25, 1938, ch. 697, §1 (less (a) (words in parentheses before par. (1))), 52 Stat. 1196; Pub. L. 92–28, §1, June 23, 1971, 85 Stat. 77; Pub. L. 93–358, §1(1), (2), July 25, 1974, 88 Stat. 392; Pub. L. 94–273, §8(2), Apr. 21, 1976, 90 Stat. 378; Pub. L. 102–54, §13(p), June 13, 1991, 105 Stat. 278; Pub. L. 102–569, title IX, §911(a), Oct. 29, 1992, 106 Stat. 4486; Pub. L. 103–73, title III, §301, Aug. 11, 1993, 107 Stat. 736. |
8502(c) | 41:46(d)(1), (2), (4). | |
8502(d) | 41:46(c). | |
8502(e)(1) | 41:46(b). | |
8502(e)(2) | 41:46(d)(3). | |
8502(f) | 41:46(e). | |
8502(g) | 41:46(f). | |
8502(h) | 41:46(g). | |
8502(i) | 41:46(h). | |
8502(j) | 41:46(i). |
In subsection (b)(1)(F), the words "Department of Education" are substituted for "Department of Health and Human Services" in 41:46(a)(1) to correct a mistake in the United States Code. In the amendment to the original provision by section 1 of Public Law 92–28 (85 Stat. 77), an officer or employee of the Department of Health, Education, and Welfare was one of the members appointed to the Committee for Purchase From People Who Are Blind or Severely Disabled, because the Department, through the Rehabilitation Services Administration, had the major governmental function in the field of vocational rehabilitation for the blind and other severely handicapped and administered related vocational rehabilitation programs for individuals with disabilities. See House Report 92–228. Under section 301(a)(4)(A) and (C) and (b)(3) of the Department of Education Organization Act (20:3441(a)(4)(A) and (C) and (b)(3)), the functions and offices of the Department and the functions of the Secretary of Health, Education, and Welfare and the Commissioner of Rehabilitation Services were transferred to the Department or Secretary of Education. Section 509 of the Act (20:3508) redesignated the Department and Secretary of Health, Education, and Welfare as the Department and Secretary of Health and Human Services, respectively, and provided that references to the Department and Secretary of Health, Education, and Welfare were deemed to be references to the Department or Secretary of Health and Human Services except to the extent a reference was to a function of the Department or Secretary of Education. The reference in 41:46(a)(1) was changed to "Department of Health and Human Services" but should have been changed to "Department of Education". Furthermore, the regulations of the Committee include the Department of Education in the list of members of the Committee. See 41 CFR 51–2.1.
In subsection (c), the text of 41:46(d)(2) and (4) is omitted as obsolete.
In subsection (f)(1), the reference to section 5376 of title 5 is substituted for the reference to grade GS–18 of the General Schedule because of section 529 [title I, §101(c)(1)] of the Treasury, Postal Service and General Government Appropriations Act, 1991 (Public Law 101–509, 104 Stat. 1442, 5 U.S.C. 5376 note). The word "actual" is omitted as unnecessary. The words "A member is entitled to travel expenses, including a per diem allowance instead of subsistence, as provided under section 5703 of title 5" are substituted for 41:46(e)(3) to eliminate unnecessary words. The reference to section 5703 of title 5 is substituted for the reference to section 5703(b) of title 5 because of the amendment to section 5703 by section 4 of the Travel Expense Amendments Act of 1975 (Public Law 94–22, 89 Stat. 85).
In subsection (g), the words "its duties and powers" are omitted as surplus.
In subsection (g)(1), the reference to chapter 33 of title 5 is substituted for "the provisions of title 5 governing appointments in the competitive service" for clarity and for consistency with other titles of the United States Code. The words "relating to classification and General Schedule pay rates" are omitted as unnecessary.
In subsection (j), the words "and to the Congress" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 199 of House Document No. 103–7.
In subsec. (f)(1), "for level IV of the Executive Schedule" substituted for "under section 5376 of title 5" by S. Amdt. 4726 (111th Cong.). See 156 Cong. Rec. 18683 (2010).
(a)
(1)
(A) Products produced by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely disabled.
(B) The services those agencies provide.
(2)
(b)
(c)
(d)
(1) may prescribe regulations regarding specifications for products and services on the procurement list, the time of their delivery, and other matters as necessary to carry out this chapter; and
(2) shall prescribe regulations providing that when the Federal Government purchases products produced and offered for sale by qualified nonprofit agencies for the blind or qualified nonprofit agencies for other severely disabled, priority shall be given to products produced and offered for sale by qualified nonprofit agencies for the blind.
(e)
(1) problems related to the employment of the blind and other severely disabled individuals; and
(2) the development and adaptation of production methods that would enable a greater utilization of the blind and other severely disabled individuals.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3836.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8503(a) | 41:47(a). | June 25, 1938, ch. 697, §2, 52 Stat. 1196; Pub. L. 92–28, §1, June 23, 1971, 85 Stat. 79. |
8503(b) | 41:47(b). | |
8503(c) | 41:47(c). | |
8503(d) | 41:47(d). | |
8503(e) | 41:47(e). |
In subsection (a), the text of 41:47(a)(1) (last sentence) is omitted as obsolete. The words "procurement list" are substituted for "(hereafter in sections 46 to 48c of this title referred to as the 'procurement list')" to eliminate unnecessary words.
In subsection (d)(2), the text of 41:47(d)(2)(B) is omitted as obsolete.
(a)
(b)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3837.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8504 | 41:48. | June 25, 1938, ch. 697, §3, 52 Stat. 1196; Pub. L. 92–28, §1, June 23, 1971, 85 Stat. 80. |
In subsection (a), the words "referred to in section 8503 of this title" are added for clarity because of the restatement of 41:47(a) in section 8503(a) of the revised title.
In subsection (b), the words "for procurement" are omitted as unnecessary.
For the purpose of audit and examination, the Comptroller General shall have access to the books, documents, papers, and other records of—
(1) the Committee and of each central nonprofit agency the Committee designates under section 8503(c) of this title; and
(2) qualified nonprofit agencies for the blind and qualified nonprofit agencies for other severely disabled that have sold products or services under this chapter to the extent those books, documents, papers, and other records relate to the activities of the agency in a fiscal year in which a sale was made under this chapter.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3838.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8505 | 41:48a. | June 25, 1938, ch. 697, §4, 52 Stat. 1196; Pub. L. 92–28, §1, June 23, 1971, 85 Stat. 81. |
In this section, before paragraph (1), the words "or any of his duly authorized representatives" are omitted because of 31:711(2). In paragraph (1), the words "central nonprofit" are added for clarity.
Necessary amounts may be appropriated to the Committee to carry out this chapter.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3838.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8506 | 41:48c. | June 25, 1938, ch. 697, §6, 52 Stat. 1196; Pub. L. 92–28, §1, June 23, 1971, 85 Stat. 82; Pub. L. 93–76, July 30, 1973, 87 Stat. 176; Pub. L. 93–358, §1(4), July 25, 1974, 88 Stat. 393. |
The reference to the fiscal year ending June 30, 1974 is omitted as obsolete.