§8502 — Title 41 Public Contracts | U.S. Code

Summary

The President appoints a 15-member Committee to oversee purchases from people who are blind or severely disabled. Eleven members are federal officers nominated by the heads of these departments and agencies: Agriculture; Defense; the Army; the Navy; the Air Force; Education; Commerce; Veterans Affairs; Justice; Labor; and the General Services Administration. Four members are private citizens: one who knows about hiring blind people, one who knows about hiring other severely disabled people, one who represents blind workers in qualified nonprofit agencies, and one who represents other severely disabled workers. The four private members serve five-year terms and may be reappointed. The members elect a Chairman. Vacancies are filled the same way as the original appointment, and replacements finish the old term. Members are paid the daily equivalent of Executive Schedule level IV for days they work and get travel pay under 5 U.S.C. 5703; federal employees cannot get extra pay. The Chairman can hire staff under federal rules. Federal agencies must give needed information and may lend staff if the Committee repays the cost. By December 31 each year, the Committee must send the President a report naming members who served in the prior fiscal year, listing meeting dates, describing activities, and offering any recommended changes.

Title 41, §8502

Public Contracts — Source: USLM XML via OLRC

(a)There is a Committee for Purchase From People Who Are Blind or Severely Disabled.

(b)The Committee consists of 15 members appointed by the President as follows:

(1)One officer or employee from each of the following, nominated by the head of the department or agency:

(A)The Department of Agriculture.

(B)The Department of Defense.

(C)The Department of the Army.

(D)The Department of the Navy.

(E)The Department of the Air Force.

(F)The Department of Education.

(G)The Department of Commerce.

(H)The Department of Veterans Affairs.

(I)The Department of Justice.

(J)The Department of Labor.

(K)The General Services Administration.

(2)One member from individuals who are not officers or employees of the Federal Government and who are conversant with the problems incident to the employment of the blind.

(3)One member from individuals who are not officers or employees of the Federal Government and who are conversant with the problems incident to the employment of other severely disabled individuals.

(4)One member from individuals who are not officers or employees of the Federal Government and who represent blind individuals employed in qualified nonprofit agencies for the blind.

(5)One member from individuals who are not officers or employees of the Federal Government and who represent severely disabled individuals (other than blind individuals) employed in qualified nonprofit agencies for other severely disabled individuals.

(c)Members appointed under paragraph (2), (3), (4), or (5) of subsection (b) shall be appointed for terms of 5 years and may be reappointed if the member meets the qualifications prescribed by those paragraphs.

(d)The members of the Committee shall elect one of the members to be Chairman.

(e)(1)A vacancy in the membership of the Committee shall be filled in the manner in which the original appointment was made.

(2)A member appointed under paragraph (2), (3), (4), or (5) of subsection (b) to fill a vacancy occurring prior to the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of the term. The member may serve after the expiration of a term until a successor takes office.

(f)(1)Except as provided in paragraph (2), members of the Committee are entitled to receive the daily equivalent of the maximum annual rate of basic pay payable for level IV of the Executive Schedule for each day (including travel-time) during which they perform services for the Committee. A member is entitled to travel expenses, including a per diem allowance instead of subsistence, as provided under section 5703 of title 5.

(2)Members who are officers or employees of the Federal Government may not receive additional pay because of their service on the Committee.

(g)(1)Subject to rules the Committee may adopt and to chapters 33 and 51 and subchapter III of chapter 53 of title 5, the Chairman may appoint and fix the pay of personnel the Committee determines are necessary to assist it in carrying out this chapter.

(2)On request of the Committee, the head of an entity of the Federal Government may detail, on a reimbursable basis, any personnel of the entity to the Committee to assist it in carrying out this chapter.

(h)The Committee may secure directly from an entity of the Federal Government information necessary to enable it to carry out this chapter. On request of the Chairman, the head of the entity shall furnish the information to the Committee.

(i)The Administrator of General Services shall provide to the Committee, on a reimbursable basis, administrative support services the Committee requests.

(j)Not later than December 31 of each year, the Committee shall transmit to the President a report that includes the names of the Committee members serving in the prior fiscal year, the dates of Committee meetings in that year, a description of the activities of the Committee under this chapter in that year, and any recommendations for changes in this chapter which the Committee determines are necessary.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 8502(a), (b)41:46(a) (less words in parentheses before par. (1)).June 25, 1938, ch. 697, § 1 (less (a) (words in parentheses before par. (1))), 52 Stat. 1196; Pub. L. 92–28, § 1, June 23, 1971, 85 Stat. 77; Pub. L. 93–358, § 1(1), (2), July 25, 1974, 88 Stat. 392; Pub. L. 94–273, § 8(2), Apr. 21, 1976, 90 Stat. 378; Pub. L. 102–54, § 13(p), June 13, 1991, 105 Stat. 278; Pub. L. 102–569, title IX, § 911(a), Oct. 29, 1992, 106 Stat. 4486; Pub. L. 103–73, title III, § 301, Aug. 11, 1993, 107 Stat. 736. 8502(c)41:46(d)(1), (2), (4). 8502(d)41:46(c). 8502(e)(1)41:46(b). 8502(e)(2)41:46(d)(3). 8502(f)41:46(e). 8502(g)41:46(f). 8502(h)41:46(g). 8502(i)41:46(h). 8502(j)41:46(i). In subsection (b)(1)(F), the words “Department of Education” are substituted for “Department of Health and Human Services” in 41:46(a)(1) to correct a mistake in the United States Code. In the amendment to the original provision by section 1 of Public Law 92–28 (85 Stat. 77), an officer or employee of the Department of Health, Education, and Welfare was one of the members appointed to the Committee for Purchase From People Who Are Blind or Severely Disabled, because the Department, through the Rehabilitation Services Administration, had the major governmental function in the field of vocational rehabilitation for the blind and other severely handicapped and administered related vocational rehabilitation programs for individuals with disabilities. See House Report 92–228. Under section 301(a)(4)(A) and (C) and (b)(3) of the Department of Education 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 Secretary of Education. section 509 of the Act (20:3508) redesignated the Department and Secretary of Health, Education, and Welfare as the Department and Secretary of Health and Human Services, respectively, and provided that references to the Department and Secretary 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 reference was to a function of the Department or Secretary of Education. The reference in 41:46(a)(1) was changed to “Department of Health and Human Services” but should have been changed to “Department of Education”. Furthermore, the

Regulations

of the Committee 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 “actual” is omitted as unnecessary. The words “A member is entitled to travel expenses, including a per diem allowance instead of subsistence, as provided under section 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 governing appointments in the competitive service” for clarity and for consistency with other titles of the United States Code. The words “relating to classification 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 AmendmentIn subsec. (f)(1), “for level IV of the Executive Schedule” substituted for “under section 5376 of title 5” by S. Amdt. 4726 (111th Cong.). See 156 Cong. Rec. 18683 (2010).

§8502 Committee for Purchase From People Who Are Blind or Severely Disabled