§ 8501. Definitions

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In this chapter:

(1)Blind.— 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.

(2)Committee.— The term “Committee” means the Committee for Purchase From People Who Are Blind or Severely Disabled established under section 8502 of this title.

(3)Direct labor.— The term “direct labor”—

(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)Entity of the federal government and federal government.— 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.

(5)Other severely disabled.— 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.

(6)Qualified nonprofit agency for other severely disabled.— The term “qualified nonprofit agency for other severely disabled” means an agency—

(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)Qualified nonprofit agency for the blind.— The term “qualified nonprofit agency for the blind” means an agency—

(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)Severely disabled individual.— 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.

(9)State.— The term “State” includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3833.)

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.

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