20 U.S.C. § 107d — Expenditures

Page 82 TITLE 20—EDUCATION § 107b–2 § 107b–2. Omitted Editorial Notes CODIFICATION Section, Pub. L. 93–516, title II, § 210, Dec. 7, 1974, 88 Stat. 1630, required the Secretary to promulgate na- tional standards for funds set aside, to study and report the feasibility of establishing retirement, pension, and health insurance systems for blind licensees, and to evaluate the income assignment methods and required the State agencies to submit certain reports. The content of Pub. L. 93–516, including provisions of section 210 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Sec- ond Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this sec- tion should be deemed to have been enacted by Pub. L. 93–651, title II, § 210, Nov. 21, 1974, 89 Stat. 2–15, in ex- actly the same manner as it was enacted by Pub. L. 93–516. § 107b–3. Audit of nonappropriated fund activi- ties The Comptroller General is authorized to con- duct regular and periodic audits of all non- appropriated fund activities which receive in- come from vending machines on Federal prop- erty, under such rules and regulations as he may prescribe. In the conduct of such audits he and his duly authorized representatives shall have access to any relevant books, documents, pa- pers, accounts, and records of such activities as he deems necessary. (Pub. L. 93–516, title II, § 211, Dec. 7, 1974, 88 Stat. 1630; Pub. L. 93–651, title II, § 211, Nov. 21, 1974, 89 Stat. 2–15.) Editorial Notes CODIFICATION Section was enacted as part of the Randolph- Sheppard Act Amendments of 1974, and not as part of the Randolph-Sheppard Act which comprises this chap- ter. The content of Pub. L. 93–516, including provisions of section 211 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Sec- ond Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this sec- tion should be deemed to have been enacted by Pub. L. 93–651, title II, § 211, Nov. 21, 1974, 89 Stat. 2–15, in ex- actly the same manner as it was enacted by Pub. L. 93–516. § 107c. Repealed. Pub. L. 93–516, title II, § 205, Dec. 7, 1974, 88 Stat. 1626 Section, act June 20, 1936, ch. 638, § 4, 49 Stat. 1560; Reorg. Plan No. 2 of 1946, § 6, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Reorg. Plan No. 1 of 1953, §§ 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, related to provi- sions authorizing the Secretary to cooperate with State boards for rehabilitation of handicapped persons, established by the several States pursuant to sections 31 to 42b of Title 29, Labor, as amended and supple- mented, in carrying out the provisions of this chapter. See section 701 et seq. of Title 29. The content of Pub. L. 93–516, including provisions of section 205 thereof which repealed this section, were originally contained in H.R. 14225, 93rd Congress, Sec- ond Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this sec- tion should be deemed to have been repealed by Pub. L. 93–651, title II, § 205, Nov. 21, 1974, 89 Stat. 2–11, in ex- actly the same manner as it was repealed by Pub. L. 93–516. § 107d. Expenditures (a) Personal services, rent, printing, etc. The Secretary is authorized to make such ex- penditures out of any money appropriated there- for (including expenditures for personal services and rent at the seat of government and else- where, books of reference and periodicals, for printing and binding, and for traveling expenses) as he may deem necessary to carry out the pro- visions of this chapter. (b) Preference to blind persons in employment The Secretary shall, in employing such addi- tional personnel as may be necessary, give pref- erence to blind persons who are capable of dis- charging the required duties. (June 20, 1936, ch. 638, § 4, formerly § 5, 49 Stat. 1560; 1946 Reorg. Plan No. 2, § 6, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; renumbered § 4 and amended Pub. L. 93–516, title II, §§ 206, 208(d), Dec. 7, 1974, 88 Stat. 1626, 1629; Pub. L. 93–651, title II, §§ 206, 208(d), Nov. 21, 1974, 89 Stat. 2–11, 2–14.) Editorial Notes CODIFICATION The content of Pub. L. 93–516, including provisions of sections 206 and 208(d) thereof which amended and re- numbered this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjourn- ment of the 93rd Congress for the Congressional elec- tions in November, 1974. See 1974 Amendment note below. Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this sec- tion should be deemed to have been amended and re- numbered by Pub. L. 93–651, title II, §§ 206, 208(d), Nov. 21, 1974, 89 Stat. 2–11, 2–14, in exactly the same manner as it was amended and renumbered by Pub. L. 93–516. AMENDMENTS 1974—Subsec. (b). Pub. L. 93–516, § 208(d), struck out requirement that at least 50 percent of the additional personnel be blind persons. An identical amendment was made by Pub. L. 93–651. See Codification note above. Page 83 TITLE 20—EDUCATION § 107d–2 Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, see note set out under sec- tion 107a of this title. § 107d–1. Grievances of blind licensees (a) Hearing and arbitration Any blind licensee who is dissatisfied with any action arising from the operation or administra- tion of the vending facility program may submit to a State licensing agency a request for a full evidentiary hearing, which shall be provided by such agency in accordance with section 107b(6) of this title. If such blind licensee is dissatisfied with any action taken or decision rendered as a result of such hearing, he may file a complaint with the Secretary who shall convene a panel to arbitrate the dispute pursuant to section 107d–2 of this title, and the decision of such panel shall be final and binding on the parties except as otherwise provided in this chapter. (b) Noncompliance by Federal departments and agencies; complaints by State licensing agen- cies; arbitration Whenever any State licensing agency deter- mines that any department, agency, or instru- mentality of the United States that has control of the maintenance, operation, and protection of Federal property is failing to comply with the provisions of this chapter or any regulations issued thereunder (including a limitation on the placement or operation of a vending facility as described in section 107(b) of this title and the Secretary’s determination thereon) such licens- ing agency may file a complaint with the Sec- retary who shall convene a panel to arbitrate the dispute pursuant to section 107d–2 of this title, and the decision of such panel shall be final and binding on the parties except as other- wise provided in this chapter. (June 20, 1936, ch. 638, § 5, as added Pub. L. 93–516, title II, § 206, Dec. 7, 1974, 88 Stat. 1626; Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–11.) Editorial Notes CODIFICATION The content of Pub. L. 93–516, including provisions of section 206 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Sec- ond Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this sec- tion should be deemed to have been enacted by Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–11, in ex- actly the same manner as it was enacted by Pub. L. 93–516. PRIOR PROVISIONS A prior section 5 of act of June 20, 1936, which was classified to section 107d of this title, was renumbered section 4 by Pub. L. 93–516, § 206. § 107d–2. Arbitration (a) Notice and hearing Upon receipt of a complaint filed under sec- tion 107d–1 of this title, the Secretary shall con- vene an ad hoc arbitration panel as provided in subsection (b). Such panel shall, in accordance with the provisions of subchapter II of chapter 5 of title 5, give notice, conduct a hearing, and render its decision which shall be subject to ap- peal and review as a final agency action for pur- poses of chapter 7 of such title 5. (b) Composition of panel; designation of chair- man; termination of violations (1) The arbitration panel convened by the Sec- retary to hear grievances of blind licensees shall be composed of three members appointed as fol- lows: (A) one individual designated by the State licensing agency; (B) one individual designated by the blind li- censee; and (C) one individual, not employed by the State licensing agency or, where appropriate, its parent agency, who shall serve as chair- man, jointly designated by the members ap- pointed under subparagraphs (A) and (B). If any party fails to designate a member under subparagraph (1)(A), (B), or (C), the Secretary shall designate such member on behalf of such party. (2) The arbitration panel convened by the Sec- retary to hear complaints filed by a State li- censing agency shall be composed of three mem- bers appointed as follows: (A) one individual, designated by the State licensing agency; (B) one individual, designated by the head of the Federal department, agency, or instru- mentality controlling the Federal property over which the dispute arose; and (C) one individual, not employed by the Fed- eral department, agency, or instrumentality controlling the Federal property over which the dispute arose, who shall serve as chair- man, jointly designated by the members ap- pointed under subparagraphs (A) and (B). If any party fails to designate a member under subparagraph (2)(A), (B), or (C), the Secretary shall designate such member on behalf of such party. If the panel appointed pursuant to para- graph (2) finds that the acts or practices of any such department, agency, or instrumentality are in violation of this chapter, or any regula- tion issued thereunder, the head of any such de- partment, agency, or instrumentality shall cause such acts or practices to be terminated promptly and shall take such other action as may be necessary to carry out the decision of the panel. (c) Publication of decisions in Federal Register The decisions of a panel convened by the Sec- retary pursuant to this section shall be matters of public record and shall be published in the Federal Register. (d) Payment of costs by the Secretary The Secretary shall pay all reasonable costs of arbitration under this section in accordance