The current AbilityOne Program was created in 1938 through the Wagner-O’Day Act and amended in 1971 as the Javits-Wagner-O’Day Act (“JWOD”). Since then, Congress has not made any major changes to the Program, while, during this period, disability law, social policy and federal procurement processes have evolved. This has impacted the Program’s operations and, especially in the past 5 years, resulted in myriad proposals for additional change to the Program.

Below please find a list of reports, proposals and presentations on the AbilityOne Program and also relevant case law:

ABILITYONE OIG REPORTS/PRESENTATIONS

• OIG Semiannual Report to Congress, June 4, 2019
• OIG Commission Briefing, Feb., 28, 2019
• OIG Top Management and Performance Challenges Report, Nov. 15, 2018
• OIG CNA Audit Plan, May 4, 2018

PROPOSALS & REPORTS FOR CHANGE TO THE ABILITYONE PROGRAM

• NCSE DoD 898 Panel Presentation, May 2, 2019
• NCD Report: “A Cursory Look at AbilityOne” Feb., 22, 2019
• NCD Report: “National Disability Policy: A Progress Report, Oct., 31, 2019
• NCD Report: “From the New Deal to the Real Deal: Joining the Industries of the Future, Oct., 11, 2018
• Social Enterprise Set Aside (SESA) Proposal, Oct., 10, 2018
• U.S. Senate Committee on Health, Education, Labor, and Pensions (HELP) Report: “Disability Employment: Outdated Law Leave People with Disabilities Behind in Today’s Economy, Oct., 29, 2018
• GAO Report: “Vocational Rehabilitation” Sept. 2018
• DoD 898 Panel 1^st Annual Report, July 18, 2018
• CIE Advisory Committee Report, Sept., 15, 2016
• GAO Report: “Employing People with Blindness or Severe Disabilities” May 2013

PROPOSED REGULATION & RULEMAKING

• DoD Demonstration Project Proposed Rulemaking, April 1, 2019
• Draft AbilityOne Regulation Changes, Aug., 23, 2018

RECENT ABILITYONE CASELAW

• PDS Consultants, Inc. v. United States and Winston-Salem Industries for the Blind.
• Alphapointe v. U.S. Department of Veterans Affairs, David J. Shulkin, and United States.
• Bayaud Enterprises, Inc. and SourceAmerica v. U.S. Department of Veterans Affairs, Robert Wilkie, and United States.

ANALYSIS OF REPORTS & PROPOSALS TO CHANGE THE ABILITYONE PROGRAM

• Top 11 Proposals for Change to the AbilityOne Program
• List and Summaries of Reports
• Summary Comparison of Report Proposing Changes to the AbilityOne Program (2013-Present)
• Detailed Comparison of Report Proposing Changes to the AbilityOne Program (2013-Present)
• Melwood Presentation @ NCSE on “Proposed Changes to AbilityOne,” Feb. 5, 2019