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Javits–Wagner–O'Day Act

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The Javits–Wagner–O'Day Act 41 U.S.C.   § 46 et seq. is a U.S. federal law requiring that all federal agencies purchase specified supplies and services from nonprofit agencies employing persons who are blind or have other significant disabilities . The Act was passed by the 92nd United States Congress in 1971 as a significant amendment to a prior act in 1938.

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57-501: The act is named after its sponsor, Senator Jacob K. Javits , and the Wagner–O'Day Act , passed by the 75th United States Congress in 1938, which had been named after Senator Robert F. Wagner and Congresswoman Caroline O'Day . 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

114-583: A ward heeler for Tammany Hall , and he had experienced firsthand the corruption and graft associated with that notorious political machine. Tammany's operations repulsed Javits so much that he forever rejected the city's Democratic Party and in the early 1930s joined the Republican- Fusion Party and the New York Young Republican Club , which was supporting the mayoral campaigns of Fiorello H. La Guardia . After

171-470: A 1980 primary challenge by the comparatively lesser-known Long Island Republican county official Al D'Amato , who received 323,468 primary votes (55.7 percent) to Javits's 257,433 (44.3 percent). Javits's loss to D'Amato stemmed from Javits's continuing illness and from his failure to adjust politically to the rightward movement of the Republican Party . After the primary defeat, Javits ran as

228-654: A bill called "Medicare for All" that would have expanded the Medicare program to every American citizen by the end of 1973, while also giving the citizen a choice to opt-out, and alongside Clifford P. Case , John Sherman Cooper and William B. Saxbe , was one of four Republican co-sponsors of the Ted Kennedy - Martha Griffiths universal health care bill in January 1971. In 1966, along with two other Republican senators and five Republican representatives, Javits signed

285-650: A court of law, which the Georgia Legislature is not, he is entitled to express them." By the end of 1967, Javits was becoming disenchanted with the Vietnam War and joined 22 other senators in calling for a peaceful solution to the conflict. In 1965, Javits appointed Lawrence Wallace Bradford Jr. as the Senate's first African-American page. In 1971, Javits appointed Paulette Desell as the Senate's first female page. By 1970, his rising opposition to

342-491: 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 of 1936, mandates that blind people be given precedence over other entities for

399-467: A lecture hall on the campus of Stony Brook University on Long Island , are also named after him. The Jacob K. Javits Gifted and Talented Students Education Act of 1988 was named in honor of Javits for his role in promoting gifted education. The United States Department of Education formerly awarded a number of Javits Fellowships to support graduate students in the humanities and social sciences until 2012. The National Institutes of Health awards

456-544: A member of the United States Senate from 1957 to 1981. A member of the Republican Party , he also served as Attorney General of New York from 1955 to 1957. Generally considered a liberal Republican , he was often at odds with his own party. A supporter of labor unions, the Great Society , and the civil rights movement , he played a key role in the passing of civil rights legislation. An opponent of

513-411: A strong federal government. In an essay published in 1958 in the magazine Esquire , Javits predicted the election of the first African-American president by 2000. Javits sponsored the first African-American Senate page in 1965 and the first female page in 1971. His liberalism was such that he tended to receive support from traditionally-Democratic voters, with many Republicans defecting to support

570-456: A telegram sent to Georgia Governor Carl Sanders regarding the Georgia legislature's refusal to seat the recently elected Julian Bond in their state House of Representatives. The refusal, said the telegram, was "a dangerous attack on representative government. None of us agree with Mr. Bond's views on the Vietnam War; in fact we strongly repudiate these views. But unless otherwise determined by

627-438: A well-known and well-funded opponent, Franklin D. Roosevelt Jr. Javits's vote-getting abilities carried the day, and he was the only Republican to win a statewide office that year. As attorney general, Javits continued to promote his liberal agenda by supporting such measures as anti-bias employment legislation and a health insurance program for state employees. In 1956 , Javits ran for U.S. Senator from New York to succeed

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684-507: Is a federal law which mandates a priority to blind persons to operate vending facilities on Federal property. The Act became law after it was enacted by the United States Congress and signed by President Franklin D. Roosevelt on June 20, 1936. The Act's primary sponsor was Representative Jennings Randolph (D-WV). Senator Morris Sheppard (D-TX) was the bill's major sponsor in the United States Senate . The Act

741-615: Is composed of fifteen Presidentially -appointed members, eleven of whom represent governmental agencies ( Department of Agriculture , Air Force , Army , Commerce , Defense , Education , Justice , United States Department of Labor , Navy and Veterans Affairs , and the General Services Administration ). 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

798-465: 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

855-433: 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 (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

912-746: The 1956 U.S. Senate election . In the Senate, Javits supported much of President Lyndon B. Johnson 's Great Society programs and civil rights legislation, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965 . He voted for the Gulf of Tonkin Resolution but came to question Johnson's handling of the War in Vietnam. To rein in presidential war powers, Javits sponsored

969-725: The Adela Investment Company , much as Javits had proposed. Throughout his career in Congress, first in the House and later in the Senate, Javits was part of a small group of liberal Republicans that was often isolated ideologically from their mainstream Republican colleagues, and he was a staunch supporter of labor unions and civil rights movements. One scoring method found Javits to be the most liberal Republican to serve in either chamber of Congress between 1937 and 2002. From 1973 to 1978, GovTrack ranked Javits as being to

1026-693: The Conservative Party of New York . Javits played a major role in legislation protecting pensioners, as well as in the passage of the War Powers Act; he led the effort to get the Javits-Wagner-O'Day Act passed. He reached the position of Ranking Minority Member on the Committee on Foreign Relations while he accrured greater seniority than any New York Senator before or since (as of 2018 ). Along with Dwight Eisenhower , he

1083-628: The Liberal Party candidate in the general election. His candidacy split the Democratic base vote with U.S. Representative Elizabeth Holtzman of Brooklyn and gave D'Amato the victory by a plurality of 1%. Javits received 11% of the vote. Javits died of ALS in West Palm Beach, Florida , at age 81 on March 7, 1986. In addition to spouse Marion Ann Borris Javits, he was survived by three children: Joshua, Carla, and Joy. He

1140-757: The Rehabilitation Act of 1973 , and the Education of All Handicapped Children Act . The Randolph-Sheppard program operates in nearly every State through State licensing agencies as directed in the Code of Federal Regulations. National management and support are provided under the law by the Rehabilitation Services Administration in the Department of Education . There are some 2,500 blind vendors operating throughout

1197-513: The Republican Party and supported New York Mayor Fiorello H. La Guardia . He was elected to the U.S. House of Representatives in 1946 and served in that body until 1954. In the House, Javits supported President Harry S. Truman 's Cold War foreign policy and voted to fund the Marshall Plan . He defeated Franklin D. Roosevelt Jr. in the 1954 election for Attorney General of New York , and defeated Democrat Robert F. Wagner Jr. in

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1254-679: The Ringling brothers of the Ringling Brothers Circus fame. They had no children and divorced in 1936. In 1947, he married Marian Javits with whom he had three children. Deemed too old for regular military service when World War II began, Javits was commissioned in early 1942 as an officer in the United States Army 's Chemical Corps , where he served throughout the war and reached the rank of lieutenant colonel . In his youth Javits had watched his father work as

1311-852: The Senator Jacob Javits Award in Neuroscience to exceptionally talented researchers in neuroscience who have established themselves with groundbreaking research. A 1983 US Congressional Act established those awards in honor of Senator Javits as a longtime supporter of research into understanding neurological disorders and diseases. In his memory, New York University established the Jacob K. Javits Visiting Professorship in 2008. U.S. House of Representatives, New York 21st District New York State Attorney General U.S. Senate, New York Randolph%E2%80%93Sheppard Act The Randolph–Sheppard Act , 20 U.S.C. § 107 et seq.,

1368-519: The Truman administration . For example, in 1947 he supported Harry S. Truman 's veto of the Taft-Hartley Act , which he declared to be antiunion. A strong opponent of discrimination, Javits also endorsed legislation against the poll tax in 1947 and 1949, and in 1954, he unsuccessfully sought to have enacted a bill banning racial segregation in federally-funded housing projects. Unhappy with

1425-513: 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

1482-764: The Vietnam War , he drafted the War Powers Resolution in 1973. Born to Jewish parents, Javits was raised in a tenement on the Lower East Side of Manhattan . He graduated from the New York University School of Law and established a law practice in New York City. During World War II , he served in the United States Army 's Chemical Warfare Department. Outraged by the corruption of Tammany Hall , Javits joined

1539-670: The War Powers Resolution . Javits also sponsored the Employee Retirement Income Security Act of 1974 , which regulated defined-benefit private pensions . In 1980 , Javits lost the Republican Senate primary to Al D'Amato , who campaigned to Javits's right. Nonetheless, he ran in the general election as the Liberal Party nominee. He and Democratic nominee Elizabeth Holtzman were defeated by D'Amato. Javits died of amyotrophic lateral sclerosis in West Palm Beach, Florida in 1986. Javits

1596-837: The witch-hunt atmosphere in Washington during the Cold War , he publicly opposed continuing appropriations for the House Un-American Activities Committee in 1948. Always a staunch supporter of Israel , Javits served on the United States House Committee on Foreign Affairs during all four of his terms and supported congressional funding for the Marshall Plan and all components of the Truman Doctrine . In 1954 , Javits ran for Attorney General of New York against

1653-663: 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 (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

1710-566: 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. 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

1767-715: The Blind . The 1974 amendments became law on December 7, 1974. With his Special Counsel on the Senate Labor and Public Welfare Committee , Robert Humphreys, Esq., Senator Randolph developed numerous innovations in the Randolph-Sheppard program by expanding opportunities for blind vendors; entitling blind vendors and their State licensing agencies to income from vending machines on all Federal property; providing full due process to aggrieved blind vendors which enables them to resolve disputes with State agencies through hearings, arbitrations, and Federal court appeals;

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1824-522: The NIRA was declared unconstitutional in 1935. Jacob K. Javits Jacob Koppel Javits ( / ˈ dʒ æ v ɪ t s / JAV-its ; May 18, 1904 – March 7, 1986) was an American lawyer and politician from New York . During his time in politics, he served in both chambers of the United States Congress , a member of the United States House of Representatives from 1947 to 1954 and

1881-501: The Senate Labor and Human Resources Committee for twenty years, most of that time as the second-ranking minority member. Javits initially backed Johnson during the early years of America's involvement in the Vietnam War and supported, for example, the Gulf of Tonkin Resolution in 1964 but later turned against it. Also in 1964, Javits joined David Rockefeller to launch the non-profit International Executive Service Corps , which

1938-657: The U.S. Senate until January 9, the day the New York State Legislature convened, to deny Democratic Governor W. Averell Harriman the opportunity to appoint a Democratic Attorney General. Thus, on January 9, the Republican majority of the State Legislature elected Louis J. Lefkowitz to fill the office for the remainder of Javits's term. Upon taking office, Javits resumed his role as the most outspoken Republican liberal in Congress. For

1995-558: The Vietnam War, Javits was slow to join the anti-Nixon forces during the Watergate scandal of 1973–1974. Until almost the very end of the affair, his position reflected his legal training: Nixon was innocent until proven guilty, and the best way to determine guilt or innocence was by legal due process. His position was unpopular among his constituency, and his re-election in Watergate-tainted 1974 elections over Ramsey Clark

2052-495: 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 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

2109-613: The blind vending facility program could double in size within five years. That hope was optimistic, and a number of impediments to the program's progress have emerged over the years. Senator Randolph was the Chairman of the Subcommittee on the Handicapped of the Senate Labor and Public Welfare Committee, and was responsible for the enactment of other important legislation to improve the lives of people with disabilities, including

2166-399: The creation of elected committees of blind vendors in each state with a Randolph-Sheppard program which are responsible for representing all the blind vendors in a state; creating a priority (rather than the mere preference that existed prior to 1974) for the operation of blind vending facilities on all Federal property. It was hoped and expected at the time the 1974 amendments became law that

2223-795: The funeral. Among them were former President Richard Nixon, Governor Mario Cuomo and former Governor Hugh Carey , Mayor Ed Koch and former Mayor John Lindsay , Attorney General Edwin Meese , former Secretary of State Henry Kissinger , Cardinal John Joseph O'Connor , Kurt Vonnegut , David Rockefeller , Victor Gotbaum , Douglas Fairbanks Jr. and Arthur Ochs Sulzberger . Other mourners included Senators Al D'Amato of New York, Nancy Kassebaum of Kansas , Bill Bradley of New Jersey , Lowell Weicker of Connecticut , as well as former U.S. Representative Bella Abzug . Throughout his years in Congress, Javits seldom enjoyed favor with his party's inner circle. Few pieces of legislation bear his name, yet he

2280-492: The heavily-Republican year of 1946. Although the Republicans had not held the seat since 1923, Javits campaigned energetically and won. He was a member of the freshman class, along with John F. Kennedy of Massachusetts and Richard Nixon of California . He served from 1947 to 1954, when he resigned his seat to take office as Attorney General of New York . During his first two terms in the House, Javits often sided with

2337-594: 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 SourceAmerica , mirror the problems highlighted by Roosevelt’s failed National Industrial Recovery Act . The NIRA tossed away antitrust laws and suppressed competition by creating monopolies. These policies continued even after

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2394-587: The left of noted Democrats like Hubert Humphrey , George McGovern , Edmund Muskie and Gaylord Nelson . Although he frequently differed with the most right-leaning members of the Republican Party, Javits believed that both parties should tolerate diverse opinions, rejecting the idea that they should share only one point of view. Javits also saw himself as being a descendant of the traditional Republicanism of Alexander Hamilton , Henry Clay , Abraham Lincoln and Theodore Roosevelt , all of whom supported

2451-582: The next 24 years, the Senate was Javits's home. His wife had no interest in living in Washington, D.C., which she considered a boring backwater and so for over two decades Javits commuted between New York and Washington nearly every week to visit his "other" family and conduct local political business. In foreign affairs, he backed the Eisenhower Doctrine for the Middle East and pressed for more foreign military and economic assistance. Javits

2508-443: The operation of vending facilities on Federal property, and is not covered by JWOD or AbilityOne. The Javits-Wagner-O’Day Act is itself a product of Franklin D. Roosevelt ’s New Deal 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

2565-456: The policies even of Democratic presidents. In the fall of 1962, he proposed to a group of NATO parliamentarians that multinational corporations jointly create a new kind of investment vehicle to promote private investment throughout Latin America . He intended his idea to complement President John F. Kennedy's Alliance for Progress . Two years later, some 50 multinational corporations formed

2622-548: The retiring incumbent Democrat Herbert H. Lehman . His Democratic opponent was the popular Mayor of New York, Robert F. Wagner Jr. In the early stages of that campaign Javits vigorously and successfully denied charges that he had once sought support from members of the American Communist Party during his 1946 race for Congress. He went on to defeat Wagner by nearly half a million votes. Although his term began on January 3, 1957, he delayed taking his seat in

2679-613: The war led him to support the Cooper–Church Amendment , which barred funds for US troops in Cambodia , and he also voted to repeal the Gulf of Tonkin Resolution . Increasingly concerned about the erosion of congressional authority in foreign affairs, Javits sponsored the War Powers Resolution in 1973, which limited to 60 days a president's ability to send American armed forces into combat without congressional approval. Despite his unhappiness with President Richard Nixon over

2736-603: The war, he became the chief researcher for Jonah Goldstein's unsuccessful 1945 bid for mayor on the Republican- Liberal -Fusion ticket. Javits's hard work in the Goldstein campaign showed his potential in the political arena and encouraged the small Manhattan Republican Party to nominate him as their candidate for the Upper West Side 's Twenty-first Congressional District (since redistricted) seat during

2793-593: Was amended and updated significantly in 1974, with then Senator Jennings Randolph pushing the legislation through Congress almost singlehandedly. Among the people and organizations working to amend the Act were Durward McDaniel, National Representative of the American Council of the Blind , Irving Schloss, with the American Foundation for the Blind , and John Nagle, with the National Federation of

2850-608: Was among the first and most important statesmen in passing legislation promoting the cause of education for gifted individuals, and many know his name from the federal Jacob Javits Grants established for that purpose. Javits received the Presidential Medal of Freedom in 1983. New York City's sprawling Javits Center was named in his honor in 1986, as is a playground at the southwestern edge of Fort Tryon Park . The Jacob K. Javits Federal Building at 26 Federal Plaza in lower Manhattan's Civic Center district, as well as

2907-537: Was born to Jewish parents, Ida (née Littman) and Morris Javits, a descendant of the 18th-century rabbi Jacob Emden who was known as the Ya'avetz, which was later anglicized to Javits. Javits grew up in a teeming Lower East Side tenement, and when not in school, he helped his mother sell dry goods from a pushcart in the street and learned parliamentary procedure at University Settlement Society of New York . Javits graduated in 1920 from George Washington High School , where he

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2964-508: Was by fewer than 400,000 votes, a third of his 1968 margin of victory. During his last term, Javits shifted his interests more and more to world affairs, especially the crises in the Middle East. Working with President Jimmy Carter , he journeyed to Israel and Egypt to facilitate the discussions that led to the 1978 Camp David Accords . Javits served until 1981; his 1979 diagnosis with ALS (also known as Lou Gehrig 's Disease) led to

3021-593: Was especially proud of his work in creating the National Endowment for the Arts , of his sponsorship of the Employee Retirement Income Security Act of 1974 , which regulated defined-benefit private pensions , and of his leadership in the passage of the 1973 War Powers Resolution . In 1966, he had a 94% rating from the Americans for Democratic Action. Javits used his office to advance ideas that furthered

3078-432: Was established to help bring about prosperity and stability in developing nations through the growth of private enterprise. During the 1964 Republican Party presidential primaries , Javits, alongside fellow New York Republicans Kenneth Keating , John Lindsay and Seymour Halpern , refused to endorse Barry Goldwater , the conservative senator from Arizona. A supporter of universal health care , Javits in 1970 drafted

3135-405: Was predeceased by his brother, who died in 1973. His nephew, Eric M. Javits , was a diplomat who served as the U.S. Representative to the Organisation for the Prohibition of Chemical Weapons and the Conference on Disarmament . He is interred at Linden Hill Jewish Cemetery in Queens , New York. Javits' funeral service was conducted at the Central Synagogue in Manhattan. 1400 people attended

3192-599: Was president of his class. He worked part-time at various jobs while he attended night school at Columbia University , then in 1923 he enrolled in the New York University Law School from which he earned his LLB in 1926. He was admitted to the bar in June 1927 and joined his brother Benjamin Javits, who was nearly ten years older, as partner to form the Javits and Javits law firm. The Javits brothers specialized in bankruptcy and minority stockholder suits and became quite successful. In 1933, Javits married Marjorie Joan Ringling, daughter related to Alfred Thedore "Alf" Ringling, one of

3249-446: Was re-elected in 1962 and 1968 . Javits voted in favor of the Civil Rights Acts of 1957 , 1960 , 1964 , and 1968 , as well as the Twenty-fourth Amendment to the United States Constitution , the Voting Rights Act of 1965 , and the confirmation of Thurgood Marshall to the Supreme Court of the United States . He endorsed Lyndon B. Johnson 's Great Society programs. To promote his views on social legislation, he served on

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