The Javits–Wagner–O'Day Act et seq. is a

U.S. federal law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...

requiring that all federal agencies purchase specified supplies and services from nonprofit agencies employing persons who are blind or have other significant

disabilities Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be cognitive, developmental, intellectual, mental, physical, se ...

. The Act was passed by the

92nd United States Congress The 92nd United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, DC from January 3, 1971, ...

in 1971 as a significant amendment to a prior act in 1938.

History

The act is named after its sponsor, Senator

Jacob K. Javits Jacob Koppel Javits ( ; May 18, 1904 – March 7, 1986) was an American lawyer and politician. During his time in politics, he represented the state of New York in both houses of the United States Congress. A member of the Republican Party, he a ...

, and the Wagner–O'Day Act, passed by the

75th United States Congress The 75th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, DC from January 3, 1937 ...

in 1938, which had been named after Senator Robert F. Wagner and Congresswoman

Caroline O'Day Caroline Love Goodwin O'Day (June 22, 1869 – January 4, 1943) was an American politician who served four terms in the U.S. House of Representatives from 1935 to 1943. She was the third woman, and first woman Democrat, elected to Congress from ...

. Javits led the efforts to expand the older law, which was called the Wagner–O'Day Act, and which mandated that federal agencies purchase products from workshops for the blind meeting specific qualifications. The effort for expansion succeeded in spite of objections raised by organizations representing the blind, as expressed for example in Resolution 68-04 passed in 1968 by the

American Council of the Blind The American Council of the Blind (ACB) is a nationwide organization in the United States. It is an organization mainly made up of blind and visually impaired people who want to achieve independence and equality (although there are many sighted m ...

Program administration

The federal agency charged with administering the program is formally known as the Committee for Purchase from People Who Are Blind or Severely Disabled, currently operating as the U.S. AbilityOne Commission (AbilityOne being the trade name of the program), which replaced the prior Committee on Purchases of Blind Made Products established by the 1938 act. The agency decides which commodities and services the government should purchase under the Javits Wagner O'Day Act. The program it oversees, known for over three decades as the Javits Wagner O'Day Program, was renamed "AbilityOne" by Congress in 2006. The Committee is composed of fifteen Presidentially-appointed members, eleven of whom represent governmental agencies ( Department of Agriculture,

Air Force An air force – in the broadest sense – is the national military branch that primarily conducts aerial warfare. More specifically, it is the branch of a nation's armed services that is responsible for aerial warfare as distinct from an a ...

Army An army (from Old French ''armee'', itself derived from the Latin verb ''armāre'', meaning "to arm", and related to the Latin noun ''arma'', meaning "arms" or "weapons"), ground force or land force is a fighting force that fights primarily on ...

Commerce Commerce is the large-scale organized system of activities, functions, procedures and institutions directly and indirectly related to the exchange (buying and selling) of goods and services among two or more parties within local, regional, nation ...

Defense Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense industr ...

Education Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty. Va ...

Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...

United States Department of Labor The United States Department of Labor (DOL) is one of the executive departments of the U.S. federal government. It is responsible for the administration of federal laws governing occupational safety and health, wage and hour standards, unemploym ...

Navy A navy, naval force, or maritime force is the branch of a nation's armed forces principally designated for naval warfare, naval and amphibious warfare; namely, lake-borne, riverine, littoral zone, littoral, or ocean-borne combat operations and ...

and

Veterans Affairs Veterans' affairs is an area of public policy concerned with relations between a government and its communities of military veterans. Some jurisdictions have a designated government agency or department, a Department of Veterans' Affairs, Minist ...

, and the

General Services Administration The General Services Administration (GSA) is an independent agency of the United States government established in 1949 to help manage and support the basic functioning of federal agencies. GSA supplies products and communications for U.S. gover ...

). The remaining four members are private citizens knowledgeable about the employment problems of people who are blind or have other severe disabilities, including those employed by nonprofit agencies affiliated with the AbilityOne Program.

The Committee has designated two national nonprofit associations ( NPAs) to assist with the program implementation and execution: the National Industries for the Blind (NIB) and

SourceAmerica SourceAmerica (formerly NISH) is a U.S. nonprofit agency, located in Vienna, Virginia, that creates employment opportunities for people with disabilities through its national network of affiliated nonprofit agencies. History SourceAmerica is ...

(formerly known as National Industries for the Severely Handicapped, or NISH). More than 600 NPAs associated with either NIB or SourceAmerica produce products and services under the AbilityOne Program. The core criteria for NPA eligibility is that 75% of total direct labor hours must be performed by people who are blind or have other significant disabilities. The AbilityOne Program is the largest employment resource for people who are blind or have other significant disabilities, helping to employ more than 40,000 people.

Procurement List

Under JWOD, AbilityOne is required to maintain a "procurement list" of goods and services which are able and willing to be provided by NPAs providing employment for blind or severely disabled persons. When an item is placed on that list (which requires AbilityOne to determine that an item can be procured from an NPA and the effect of doing so on contracts with existing contractors), with the exception of similar items provided by

Federal Prison Industries Federal Prison Industries, Inc. (FPI), doing business as UNICOR (stylized as unicor) since 1977, is a wholly owned United States government corporation created in 1934 as a prison labor program for inmates within the Federal Bureau of Prisons, a ...

(which has first priority over all other suppliers), government agencies ''must'' procure the good or service from the NPA designated at the price set by AbilityOne. The only exception is if the NPA cannot provide the good or service in the quantity and time frame required by the agency, and the quantity and/or time frame cannot be adjusted by the agency due to its needs, then the NPA or Committee can grant an exception and the agency can then procure the good or service through other contracting channels. The procurement list also includes any variants to an existing item (such as an item of a different color or size), items which are replacements for items already on the list, and items which are "similar to" existing items. An item can be removed from the list only if 1) the government no longer requires the good or service or 2) no NPA is able or willing to provide the good or service. A similar law, the

Randolph–Sheppard Act The ''Randolph–Sheppard Act'', 20 U.S.C. § 107 et seq., is a federal law which mandates a priority to blind persons to operate vending facilities on Federal property. History The Act became law after it was enacted by the United States Congr ...

of 1936, mandates that blind people be given precedence over other entities for the operation of vending facilities on Federal property, and is not covered by JWOD or AbilityOne.

Federal Investigations

The Javits-Wagner-O’Day Act is itself a product of

Franklin D. Roosevelt Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...

’s

New Deal The New Deal was a series of programs, public work projects, financial reforms, and regulations enacted by President Franklin D. Roosevelt in the United States between 1933 and 1939. Major federal programs agencies included the Civilian Cons ...

policies from 1933-1938. The Wagner O’Day act was signed into law on June 25, 1938, and required that all government agencies prioritize the purchasing of products to suppliers that employ individuals who are blind. The Javits–Wagner–O'Day Act expanded the law, requiring specified supplies and services come from nonprofit agencies employing persons who are blind or have other severe disabilities. The Act was passed by the 92nd United States Congress in 1971. Federal Investigations surrounding the AbilityOne program, and its central non-profit agency

, mirror the problems highlighted by Roosevelt’s failed

National Industrial Recovery Act The National Industrial Recovery Act of 1933 (NIRA) was a US labor law and consumer law passed by the 73rd US Congress to authorize the president to regulate industry for fair wages and prices that would stimulate economic recovery. It also e ...

. The NIRA tossed away antitrust laws and suppressed competition by creating monopolies. These policies continued even after the NIRA was declared unconstitutional in 1935.

References

External links

Text of the Javits-Wagner-O'Day Act
from

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