Notice2024-26659
Agency Information Collection Activities; Proposals, Submissions, and Approvals
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Published
November 15, 2024
Issuing agencies
Committee for Purchase From People Who Are Blind or Severely Disabled
Abstract
The Committee for Purchase From People Who Are Blind or Severely Disabled operates as the U.S. AbilityOne Commission (Commission). This notice announces the Commission's intent to submit the Information Collection Request ("ICR") described below to the Office of Management and Budget (OMB) for approval under applicable provisions of the Paperwork Reduction Act. This notice provides an opportunity to interested members of the public and affected agencies to comment on a proposed updated Nonprofit Agency (NPA) Annual Representations and Certifications form.
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<title>Federal Register, Volume 89 Issue 221 (Friday, November 15, 2024)</title>
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[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Notices]
[Pages 90271-90274]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26659]
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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
Agency Information Collection Activities; Proposals, Submissions,
and Approvals
AGENCY: Committee for Purchase From People Who Are Blind or Severely
Disabled.
ACTION: Notice of information collection; request for comment.
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SUMMARY: The Committee for Purchase From People Who Are Blind or
Severely Disabled operates as the U.S. AbilityOne Commission
(Commission). This notice announces the Commission's intent to submit
the Information Collection Request (``ICR'') described below to the
Office of Management and Budget (OMB) for approval under applicable
provisions of the Paperwork Reduction Act. This notice provides an
opportunity to interested members of the public and affected agencies
to comment on a proposed updated Nonprofit Agency (NPA) Annual
Representations and Certifications form.
DATES: Submit comments on or before December 14, 2024.
ADDRESSES: Submit comments to <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Christopher Stewart, Compliance and
Enforcement Attorney, Office of General Counsel, U.S. AbilityOne
Commission, 355 E Street SW, Suite 325, Washington, DC 20024;
telephone: (703) 254-6172; email: <a href="/cdn-cgi/l/email-protection#f29181869785938086b293909b9e9b868b9d9c97dc959d84"><span class="__cf_email__" data-cfemail="b2d1c1c6d7c5d3c0c6f2d3d0dbdedbc6cbdddcd79cd5ddc4">[email protected]</span></a>. If you are
deaf, hard of hearing, or have a speech disability and wish to access
telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Overview of ICR: This notice pertains to an ICR the Commission
intends to submit to OMB for approval of an updated form that each
AbilityOne NPA will submit annually regarding its AbilityOne Program
performance. This is a revision of an existing form that is submitted
on an annual reporting cycle. This ICR is consistent with OMB
regulations at 5 CFR part 1320, which implement provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) These
regulations require the Commission to provide an opportunity to
interested members of the public and affected agencies to comment on
information collection and recordkeeping activities (see 5 CFR
1320.8(d)) such as those proposed to be implemented through this
updated form.
The Commission is responsible for implementing the Javits-Wagner-
O'Day (JWOD) Act, 41 U.S.C. 8501-8506. In doing so, the Commission
oversees the AbilityOne Program (Program), a program in which
individuals who are blind or have significant disabilities provide
products and services to Federal agencies, thereby creating employment
opportunities for such individuals. The Commission maintains a
Procurement List of mandatory source products and services provided by
approximately 400 qualified nonprofit agencies (NPAs). The individuals
who are blind or have significant disabilities performing direct labor
tasks for NPA-employers are called ``qualifying direct labor
employees.'' The Commission also established the term ``participating
employees'' to mean the subset of such qualifying direct labor
employees who work on AbilityOne contracts.
The implementing regulations for the JWOD Act, which are located at
41 CFR chapter 51, provide the requirements, procedures, and standards
for the Program. Section 51-4.3 of the regulations sets forth the
requirements that an NPA must meet to maintain qualification for
participation in the Program. Under this section of the regulations, an
NPA must submit a completed copy of the appropriate Annual
Certification form. This documentation helps the Commission determine
whether the NPA is meeting the qualification requirements of the
Program. The Commission has also published policies regarding
compliance requirements for qualified NPAs.
This information collection request seeks approval for the
Commission to update its collection of information necessary to
annually verify an NPA's compliance with Program requirements, as
required by statute, regulations, and policies, as well to update its
collection of the NPA's performance data to assess the total effect and
effectiveness of the AbilityOne Program. The proposed form is called
the Annual Representations and Certifications (ARC) for AbilityOne
Qualified Nonprofit Agencies.
As part of the Commission's modernization of the Program, the
updated ARC form will collect limited aggregate information: (1) NPA
Program-related revenue and Program-related subcontracting; (2) a
headcount of qualifying direct labor employees and other NPA employees
who perform direct labor; (2) the direct labor hours performed by
qualifying direct labor employees and others; (3) a headcount of
veterans employed by the NPA; (4) the wages paid to participating
employees and other NPA employees who perform direct labor; (5)
employment benefits offered to
[[Page 90272]]
participating employees; (6) employment mobility outcomes (e.g.,
internal promotion, employment with a new employer, etc.) achieved by
participating employees; (7) the source of disability eligibility
determination documentation for participating employees; and (8) eleven
(11) questions about general NPA function, governance, and support(s)
received from its designated Central Nonprofit Agency (CNA).
To streamline the ARC as compared to its predecessor form, the
Commission removed the following: (1) questions about NPA governance,
NPA-Program requirements, and Program integrity questions requiring
yes/no responses, as those matters will be separately monitored by the
designated CNA's compliance program; (2) the NPA's revenue, wages paid
to direct labor employees, and subcontracting expenditures for work
performed by the NPA that is not subject to the Program; and (3) career
mobility outcomes generated from an NPA's vocational rehabilitation
activities (previously called direct placement). In this ARC
modification, the Commission requires a limited expansion in reporting:
(1) the headcount and cumulative employment of qualifying direct labor
employees and other NPA employees who perform direct labor; (2) wages
(total wages and other benefits paid) to participating employees and
other NPA employees who perform direct labor; (3) the source(s) of
disability determination documentation; (4) employment benefits offered
to participating employees (select all that apply); and (5) general
information about the number of board members that self-identify as
having a disability, whether the Program contract worksites are
represented by union(s), and what types of supports the NPA received
from its designated CNA.
The proposed updated ARC is available at <a href="http://www.abilityone.gov">www.abilityone.gov</a>.
The ARC will be required annually after the close of the Federal
fiscal year. In accordance with 41 CFR 51-4.3(a), each NPA must submit
the ARC to its responsible CNA by November 1. The form will be
completed and submitted electronically.
The Commission published a sixty-day notice for this ICR on May 3,
2024. The Commission received twenty-six (26) comments from various
stakeholders in response to the notice. Comments were received from
NPAs, CNAs, and other stakeholders. In addition to general comments,
the comments can be grouped into those that questioned the Commission's
need to collect certain data, comments that sought clarification of
definitions or specific data elements, comments about career mobility
data, comments about benefits-related data, comments about
subcontracting data, and comments that questioned the Commission's
estimated time burden for completing the form.
Among the general comments, some included requests for instructions
for the form, or for the definitions of various terms used in the form
to be made clearer. A few commenters supported the Commission's stated
purposes of helping ensure the integrity of and furthering the mission
of the AbilityOne Program. One stated that the forms present a good
opportunity to increase transparency and ensure program accountability.
Several commenters noted that the proposed form collected many of the
same data elements collected by the CNAs and wanted to ensure there
would not be duplication of data collection.
Among the comments questioning the Commission's need to collect
certain data, some commenters asserted that the proposed data
collection exceeded the Commission's statutory authority or went beyond
collecting data pertaining to NPA qualification requirements. Some
commenters stated that the rationale for collecting the information
published in the 60-day notice was too general to substantiate the
collection. Others requested information about the Commission's planned
use for the information.
Among the comments about specific data elements to be collected,
some questioned the need to collect data regarding the source of
participating employees' disability eligibility determination. Some
commenters questioned the purpose of collecting the number of employees
on October 1, September 30, and a cumulative value, and requested
clarification of the term ``cumulative.'' Some questioned the purpose
and benefit of collecting the number of employees with disabilities
performing indirect labor, particularly if that data element is
optional, as the form makes clear. Many commenters were critical of the
data request for mean (average) and median hourly wages paid, citing
the burden in providing such data and questioning the utility of such
data. Some of those commenters requested a definition and/or
clarification of the terms ``mean'' and ``median.'' Many commenters
noted their concerns with collecting data regarding the employment of
spouses and dependents of veterans, requested the definition of a
``dependent,'' and noted that such data was not currently collected by
the NPAs.
Many commenters questioned the need for data regarding career
mobility of participating employees. Some asked for clarification of
the three types of career mobility referenced in the form (lateral,
upward and outward). Others sought clarification of an ``NPA system for
career mobility'' and suggested simply using the term ``NPA'' instead.
One commenter suggested that ``demotion'' be included as a category.
Some commenters stated that NPAs often do not know where an employee
has gone, including what new jobs they may have attained, when an
employee has chosen to leave. One commenter stated that NPAs contacting
departing or former employees for feedback on employment mobility
outcomes would be burdensome. Finally, some commenters requested the
ability to note on the form that the employee has not desired any new
career opportunities.
Among the comments regarding the benefits-related data requested,
some questioned the relevance of collecting this data. Some commenters
noted that employees may choose to opt out of receiving certain
benefits. Some commenters were supportive of collecting employment
benefits data but suggested that it would be useful to provide a free
text option for the NPA to explain its benefits system.
Several comments related to the scope of the data requested about
subcontracts. Some commenters requested a definition of ``subcontract''
and ``subcontractor.'' Some sought clarification of the timeframe for
reporting subcontracts, while others sought clarification on how to
accurately report whether the subcontractor's employees and NPA
employees were occupying the same labor positions and whether the
subcontractor had offered jobs to NPA employees. One commenter
recommended that the Commission add Service-Disabled Veteran-Owned
Small Businesses as a category for small business subcontract
reporting.
Among the comments that questioned the Commission's estimated time
burden, several commenters suggested that the Commission's estimated
time burden was inadequate or understated. Two offered a time burden
amount for the previous form, but neither commented whether the time
burden for the proposed form would be higher, lower, or approximately
the same as the previous form. Only one commenter offered an estimate
that the proposed form would require 20 hours to collect and report the
required data.
Some commenters stated that it may be costly and onerous to report
the number of participating employees by the medical documentation
source.
[[Page 90273]]
Another commenter stated it may be burdensome to calculate and report
employees with disabilities employed in indirect labor functions, but
did not offer any details as to why that would be difficult and did not
offer an estimate of the additional time it would take to make that
calculation. One commenter said that it may be burdensome to report
low, high, and average hourly wages paid to participating employees.
Other commenters stated it would be burdensome to report the
percentage of employees that elect to receive the NPA-provided health
insurance or the cash payment instead, but did not offer details as to
why that would be difficult and did not offer an estimate of the
additional time it would take to determine that number.
The two CNAs, as commenters, stated that the burden to modify their
data collection system was not considered in the burden estimate.
The Commission appreciates the comments it received and has made a
number of modifications in the revised form available with this notice.
As a general matter, the Commission modified and reduced the data
collection in the proposed form. To address the apparent confusion
regarding whether the proposed form will duplicate existing data
collections, the Commission has made clear that the proposed form
replaces and supersedes the previous, similarly named annual
certification required from NPAs. In addition, the Commission has made
clear that it expects the CNAs to collect the data from this form in a
manner that does not duplicate the manner in which the CNAs currently
collect much of the same data. These points have been discussed in a
variety of public meetings and forums and will continue to be
articulated by the Commission.
With respect to the Commission's authority and need to collect the
data, some of the information being collected is required by law,
regulation, or policy, while other information is needed to ensure that
the Program operates efficiently, successfully, and in accord with the
mission of the Program. In order to strengthen and grow the employment
opportunities offered through the AbilityOne Program, the Commission
needs quantitative data to demonstrate the Program's integrity, to
reflect the number and nature of good jobs offered in the Federal
contracts obtained through the sole-source procurement process of the
Program, and to determine the positive employment outcomes, including
opportunities for career mobility, that currently exist in the Program.
The Commission's collection of data about the sources of employees'
disability qualification documentation will be used to help ensure and
demonstrate that individuals working on AbilityOne projects have
qualifying disabilities and are eligible for the hiring opportunities
available through the sole-source procurement program. Another proposed
data collection form, the ``Participating Employee Information'' form,
will collect in an electronic system the source of disability
documentation at the time of hire for new employees, as well as for
individuals currently employed on the AbilityOne contracts. The
Commission expects this electronic collection will enable an NPA to
auto-calculate the aggregate number of employees by medical
documentation source. Indeed, the Commission has conveyed to each CNAs
that it expects the CNA's electronic data system to enable such auto-
population.
In response to requests for clarification of various terminology
used in the form, the Commission has changed the term ``cumulative'' to
the term ``total employed during the year'' to clarify the value
required in the participating employee count table. The Commission has
also modified the question regarding ``number of employees who are
blind or have a significant disability performing indirect labor'' to
``number of employees who self-identify as a person with a disability
performing indirect labor'' to clarify that is a count of indirect
labor employees that self-identify as having a disability.
The Commission has removed the question regarding the median hourly
wages paid to participating employees so as to reduce the burden on
NPAs in calculating the median hourly wage. The data request for the
mean hourly wages paid has been changed so that a field will be
automatically calculated once the NPA has entered the count of
participating employees during the fiscal year and the wages paid to
participating employees.
The Commission has removed the request for data regarding the
number of military spouses or dependents hired by the NPA on Federal
contracts obtained through the AbilityOne Program, thus eliminating the
need to further define those terms. That data is often of interest to
Federal agencies, particularly the Department of Defense, as the agency
considers whether to ask or agree that a contract be placed on the
AbilityOne sole-source procurement list. The NPAs that collect such
data often include that information when they bid for contracts.
However, data requests regarding employment of veteran spouses or
dependents will not be included on this form.
The Commission revised the question seeking the percentage of
participating employees that utilize NPA-provided health insurance (or
cash in lieu of the benefit). The form now simply provides check boxes
for the NPA to indicate which benefits are offered. Based on comments
received, ``tuition assistance or other education support'' is now
included in the list of benefits offered. In addition, an ``other''
category has been added, along with an option to enter free text
describing an employment benefit that is not listed on the form.
Finally, an additional free text box has been added so an NPA can
provide additional information on its benefits structure, if it wishes
to do so.
The measurement of participating employee career mobility is
particularly important to the Commission's demonstration that the
AbilityOne Program offers a wide range of good jobs. The Commission
added parenthetical explanations for the employment mobility outcome
terms--lateral movement, upward movement, and outward movement--and has
added ``demotion'' as a potential outcome.
The Commission also added an option to allow the NPA to note that
the employee has a ``stated desire to remain in present position.'' As
a subset of that answer, the form has an option for the NPA to note
that the employee has ``expressed concern regarding potential
government benefit disqualification as a result of increased wages.''
The Commission has included an option of ``unknown'' regarding an
employee's desire to remain in a current labor position. However, once
NPAs are required to engage in annual career planning with their
employees, the NPA will be expected to know the answer to whether a
participating employee wishes to remain in their current labor
position.
The Commission has significantly modified the requested information
regarding subcontracting of work on the Procurement List. It has
removed entirely the section seeking data on whether participating
employees are performing the same or similar jobs as employees of the
subcontractor. This data will be relevant when an NPA is a prime
contractor and subcontracts with an entity in which the employees of
the subcontractor and the NPAs participating employees perform the same
or similar jobs. This is an approach the Commission is exploring as a
means of increasing integration in the workplace, but it is not yet a
common practice in the Program.
[[Page 90274]]
The Commission has also removed the question regarding whether a
subcontractor has employed participating employees. While this data is
relevant regardless of whether participating employees are doing the
same or similar job as subcontractor employees, it is not yet the norm
for NPAs to require that their subcontractors have a mechanism by which
the subcontractor will view participating employees as a talent pool to
draw upon for employment.
Finally, the Commission has removed all collection of information
about an NPA's subcontracts on contracts obtained independently of the
AbilityOne Program.
The Commission has added Service-Disabled Veteran-Owned Small
Business as a choice of a subcontractor business entity type. The
Commission will also define the terms ``subcontract'' and
``subcontracting'' in the instructions for the proposed form.
With regard to the time burden estimate, the Commission has revised
its estimate for an NPA to complete the proposed form from eight (8)
hours to twenty (20) hours.
One commenter suggested that ten (10) hours was more realistic for
completing the form, while a second commenter suggested that twenty
(20) hours was the appropriate estimate. No other commenters suggested
alternative time estimates.
In order to be conservative, the Commission now estimates that an
NPA will need twenty (20) hours to complete the proposed form. The
Commission estimates that it will take a human resources staff person
(or an equivalent staff person) nine (9) hours to complete some
sections of the form; a financial specialist nine (9) hours to complete
other sections of the form, and two (2) hours by the Principal Officer
to review and certify the form.
To calculate the cost burden for this average annual burden, the
Commission used national average pay data from the U.S. Bureau of Labor
Statistics, using the May 2023 National Occupational Employment and
Wage Estimate of $36.57 as the mean hourly wage for a Human Resources
Specialist (OC 13-1070), $46.37 as the mean hourly wage for a Financial
Specialist (OC 13-2000), and $124.47 as the mean hourly wage for a
Chief Executive Officer (OC 11-1011). See <a href="https://www.bls.gov/news.release/ocwage.t01.htm">https://www.bls.gov/news.release/ocwage.t01.htm</a>.
The table below represents the time and cost burden the Commission
estimates this form will necessitate.
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Annual form Total time burden Annual form cost
NPA positions burden (hours) for all employees burden (dollars)
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HR Specialist.......................................... 9 ................. $329.13
Financial Specialist................................... 9 ................. 417.33
Principal Officer...................................... 2 ................. 248.94
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Total.............................................. 20 ................. 995.40
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With respect to this collection of information via the proposed
form, the Commission welcomes comments on the following:
1. The necessity to collect this information to support the
Commission's mission and oversight responsibilities;
2. Methodology to improve the accuracy of the estimated time
burden;
3. Suggestions or methods to minimize the burdens associated with
collecting the information described in this ICR.
Michael R. Jurkowski,
Director, Business Operations.
[FR Doc. 2024-26659 Filed 11-14-24; 8:45 am]
BILLING CODE 6353-01-P
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