§ 48b. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC48b]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 1--GENERAL PROVISIONS
Sec. 48b. Definitions
For purposes of sections 46 to 48c of this title--
(1) 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) The terms ``other severely handicapped'' and ``severely
handicapped individuals'' mean 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 Government and taking into account the
views of non-Government entities representing the handicapped)
constitutes a substantial handicap to employment and is of such a nature
as to prevent the individual under such disability from currently
engaging in normal competitive employment.
(3) The term ``qualified nonprofit agency for the blind'' means an
agency--
(A) organized under the laws of the United States or of any
State, operated in the interest of blind individuals, and the net
income of which does not inure in whole or in part to the benefit of
any shareholder or other individual;
(B) which complies with any applicable occupational health and
safety standard prescribed by the Secretary of Labor; and
(C) which in the production of commodities and in the provision
of services (whether or not the commodities or services are procured
under sections 46 to 48c of this title) during the fiscal year
employs blind individuals for not less than 75 per centum of the
man-hours of direct labor required for the production or provision
of the commodities or services.
(4) The term ``qualified nonprofit agency for other severely
handicapped'' means an agency--
(A) organized under the laws of the United States or of any
State, operated in the interest of severely handicapped individuals
who are not blind, and the net income of which does not inure in
whole or in part to the benefit of any shareholder or other
individual;
(B) which complies with any applicable occupational health and
safety standard prescribed by the Secretary of Labor; and
(C) which in the production of commodities and in the provision
of services (whether or not the commodities or services are procured
under sections 46 to 48c of this title) during the fiscal year
employs blind or other severely handicapped individuals for not less
than 75 per centum of the man-hours of direct labor required for the
production or provision of the commodities or services.
(5) The term ``direct labor'' includes all work required for
preparation, processing, and packing of a commodity, or work directly
relating to the performance of a service, but not supervision,
administration, inspection, or shipping.
(6) The term ``fiscal year'' means the twelve-month period beginning
on October 1 of each year.
(7) The terms ``Government'' and ``entity of the Government''
include any entity of the legislative branch or the judicial branch, any
executive agency or military department (as such agency and department
are respectively defined by sections 102 and 105 of title 5), the United
States Postal Service, and any nonappropriated fund instrumentality
under the jurisdiction of the Armed Forces.
(8) The term ``State'' includes the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the Trust Territory of the Pacific Islands.
(June 25, 1938, ch. 697, Sec. 5, as added Pub. L. 92-28, Sec. 1, June
23, 1971, 85 Stat. 81; amended Pub. L. 93-358, Sec. 1(3), July 25, 1974,
88 Stat. 393; Pub. L. 94-273, Sec. 3(22), Apr. 21, 1976, 90 Stat. 377.)
Amendments
1976--Pub. L. 94-273 substituted ``October'' for ``July'' in par.
(6).
1974--Pub. L. 93-358 added par. (5) defining ``direct labor'',
struck out former par. (6) which defined ``direct labor'' without
reference to work directly relating to the performance of a service, and
redesignated former pars. (7), (8), and (9) as (6), (7), and (8),
respectively.
Effective Date
Section effective Aug. 1, 1971, see section 2 of Pub. L. 92-28, set
out as an Effective Date of 1971 Amendment note under section 46 of this
title.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Section Referred to in Other Sections
This section is referred to in title 10 section 2410d; title 40
section 502.
