41 U.S.C. § 8501 — Definitions
submitted 15 years ago by Pub. L. 111-350 to r/title-41-PUBLIC-CONTRACTS · 663 words · no verdicts yet
This section defines terms for the law that helps blind and severely disabled people get government contracts. It explains what counts as "blind" and "severely disabled," and sets rules for what makes a nonprofit agency qualify to sell products and services to the federal government.
This section is a list of definitions used throughout this chapter. (1) "Blind" describes someone whose best eye, even with corrective lenses, sees no better than 20/200, or whose field of vision — even if sharper than 20/200 — is no wider than 20 degrees. (2) "Committee" means the Committee for Purchase From People Who Are Blind or Severely Disabled, set up under section 8502. (3) "Direct labor" (A) includes all work needed to prepare, process, and pack a product, or work directly tied to performing a service, but (B) does not include supervision, administration, inspection, or shipping. (4) "Entity of the Federal Government" and "Federal Government" include a legislative- or judicial-branch entity, a military department or executive agency, the U.S. Postal Service, and a nonappropriated fund instrumentality under the Armed Forces. (5) "Other severely disabled" describes someone with a physical or mental disability, other than blindness, that — based on criteria the Committee sets after consulting relevant federal and non-federal groups — is a major barrier to employment and stops the person from working a normal, competitive job right now. (6) "Qualified nonprofit agency for other severely disabled" means an agency that (A) is organized under U.S. or state law, run for the benefit of severely disabled people who are not blind, and does not let any of its net income benefit a shareholder or individual; (B) follows any occupational health and safety standards set by the Secretary of Labor; and (C) has severely disabled or blind workers doing at least 75 percent of the direct labor hours needed to make its products or provide its services that fiscal year. (7) "Qualified nonprofit agency for the blind" means the same kind of agency, but organized for the benefit of blind people, with blind workers doing at least 75 percent of the direct labor hours. (8) "Severely disabled individual" has the same meaning as "other severely disabled" in (5). (9) "State" includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
In this chapter:
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.
The term “Committee” means the Committee for Purchase From People Who Are Blind or Severely Disabled established under section 8502 of this title.
The term “direct labor”—
includes all work required for preparation, processing, and packing of a product, or work directly relating to the performance of a service; but
does not include supervision, administration, inspection, or shipping.
The terms “entity of the Federal Government” and “Federal Government” include an entity of the legislative or judicial branch, a military department or executive agency (as defined in sections 102 and 105 of title 5, respectively), the United States Postal Service, and a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces.
The term “other severely disabled” means 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 Federal Government and taking into account the views of non-Federal Government entities representing the disabled) constitutes a substantial handicap to employment and is of a nature that prevents the individual from currently engaging in normal competitive employment.
The term “qualified nonprofit agency for other severely disabled” means an agency—
organized under the laws of the United States or a State;
operated in the interest of severely disabled individuals who are not blind; and
of which no part of the net income of the agency inures to the benefit of a shareholder or other individual;
that complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and
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.
The term “qualified nonprofit agency for the blind” means an agency—
organized under the laws of the United States or a State;
operated in the interest of blind individuals; and
of which no part of the net income of the agency inures to the benefit of a shareholder or other individual;
that complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and
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.
The term “severely disabled individual” means 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 Federal Government and taking into account the views of non-Federal Government entities representing the disabled) constitutes a substantial handicap to employment and is of a nature that prevents the individual from currently engaging in normal competitive employment.
The term “State” includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
Source credit: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3833.)
- 2011Enacted · Pub. L. 111-350 · 124 Stat. 3833
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-350 on 2011-01-04.
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