41 U.S.C. § 8503 — Duties and powers of the Committee

Page 209 TITLE 41—PUBLIC CONTRACTS § 8504 301(a)(4)(A) and (C) and (b)(3) of the Department of Edu- cation Organization Act (20:3441(a)(4)(A) and (C) and (b)(3)), the functions and offices of the Department and the functions of the Secretary of Health, Education, and Welfare and the Commissioner of Rehabilitation Services were transferred to the Department or Sec- retary of Education. Section 509 of the Act (20:3508) re- designated the Department and Secretary of Health, Education, and Welfare as the Department and Sec- retary of Health and Human Services, respectively, and provided that references to the Department and Sec- retary of Health, Education, and Welfare were deemed to be references to the Department or Secretary of Health and Human Services except to the extent a ref- erence was to a function of the Department or Sec- retary of Education. The reference in 41:46(a)(1) was changed to ‘‘Department of Health and Human Serv- ices’’ but should have been changed to ‘‘Department of Education’’. Furthermore, the regulations of the Com- mittee include the Department of Education in the list of members of the Committee. See 41 CFR 51–2.1. In subsection (c), the text of 41:46(d)(2) and (4) is omitted as obsolete. In subsection (f)(1), the reference to section 5376 of title 5 is substituted for the reference to grade GS–18 of the General Schedule because of section 529 [title I, § 101(c)(1)] of the Treasury, Postal Service and General Government Appropriations Act, 1991 (Public Law 101–509, 104 Stat. 1442, 5 U.S.C. 5376 note). The word ‘‘ac- tual’’ is omitted as unnecessary. The words ‘‘A member is entitled to travel expenses, including a per diem al- lowance instead of subsistence, as provided under sec- tion 5703 of title 5’’ are substituted for 41:46(e)(3) to eliminate unnecessary words. The reference to section 5703 of title 5 is substituted for the reference to section 5703(b) of title 5 because of the amendment to section 5703 by section 4 of the Travel Expense Amendments Act of 1975 (Public Law 94–22, 89 Stat. 85). In subsection (g), the words ‘‘its duties and powers’’ are omitted as surplus. In subsection (g)(1), the reference to chapter 33 of title 5 is substituted for ‘‘the provisions of title 5 gov- erning appointments in the competitive service’’ for clarity and for consistency with other titles of the United States Code. The words ‘‘relating to classifica- tion and General Schedule pay rates’’ are omitted as unnecessary. In subsection (j), the words ‘‘and to the Congress’’ are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 199 of House Document No. 103–7. SENATE REVISION AMENDMENT In subsec. (f)(1), ‘‘for level IV of the Executive Sched- ule’’ substituted for ‘‘under section 5376 of title 5’’ by S. Amdt. 4726 (111th Cong.). See 156 Cong. Rec. 18683 (2010). § 8503. Duties and powers of the Committee (a) PROCUREMENT LIST.— (1) MAINTENANCE OF LIST.—The Committee shall maintain and publish in the Federal Reg- ister a procurement list. The list shall include the following products and services deter- mined by the Committee to be suitable for the Federal Government to procure pursuant to this chapter: (A) Products produced by a qualified non- profit agency for the blind or by a qualified nonprofit agency for other severely disabled. (B) The services those agencies provide. (2) CHANGES TO LIST.—The Committee may, by rule made in accordance with the require- ments of section 553(b) to (e) of title 5, add to and remove from the procurement list prod- ucts so produced and services so provided. (b) FAIR MARKET PRICE.—The Committee shall determine the fair market price of products and services contained on the procurement list that are offered for sale to the Federal Government by a qualified nonprofit agency for the blind or a qualified nonprofit agency for other severely disabled. The Committee from time to time shall revise its price determinations with re- spect to those products and services in accord- ance with changing market conditions. (c) CENTRAL NONPROFIT AGENCY OR AGENCIES.— The Committee shall designate a central non- profit agency or agencies to facilitate the dis- tribution, by direct allocation, subcontract, or any other means, of orders of the Federal Gov- ernment for products and services on the pro- curement list among qualified nonprofit agen- cies for the blind or qualified nonprofit agencies for other severely disabled. (d) REGULATIONS.—The Committee— (1) may prescribe regulations regarding spec- ifications for products and services on the pro- curement list, the time of their delivery, and other matters as necessary to carry out this chapter; and (2) shall prescribe regulations providing that when the Federal Government purchases prod- ucts produced and offered for sale by qualified nonprofit agencies for the blind or qualified nonprofit agencies for other severely disabled, priority shall be given to products produced and offered for sale by qualified nonprofit agencies for the blind. (e) STUDY AND EVALUATION OF ACTIVITIES.— The Committee shall make a continuing study and evaluation of its activities under this chap- ter to ensure effective and efficient administra- tion of this chapter. The Committee on its own or in cooperation with other public or nonprofit private agencies may study— (1) problems related to the employment of the blind and other severely disabled individ- uals; and (2) the development and adaptation of pro- duction methods that would enable a greater utilization of the blind and other severely dis- abled individuals. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3836.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8503(a) ........ 41:47(a). June 25, 1938, ch. 697, § 2, 52 Stat. 1196; Pub. L. 92–28, § 1, June 23, 1971, 85 Stat. 79. 8503(b) ........ 41:47(b). 8503(c) ........ 41:47(c). 8503(d) ........ 41:47(d). 8503(e) ........ 41:47(e). In subsection (a), the text of 41:47(a)(1) (last sentence) is omitted as obsolete. The words ‘‘procurement list’’ are substituted for ‘‘(hereafter in sections 46 to 48c of this title referred to as the ‘procurement list’)’’ to eliminate unnecessary words. In subsection (d)(2), the text of 41:47(d)(2)(B) is omit- ted as obsolete. § 8504. Procurement requirements for the Fed- eral Government (a) IN GENERAL.—An entity of the Federal Government intending to procure a product or