§ 46. — Committee for Purchase From People Who Are Blind or Severely Disabled.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC46]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 1--GENERAL PROVISIONS
Sec. 46. Committee for Purchase From People Who Are Blind or
Severely Disabled
(a) Establishment
There is established a committee to be known as the Committee for
Purchase From People Who Are Blind or Severely Disabled (hereafter in
sections 46 to 48c of this title referred to as the ``Committee''). The
Committee shall be composed of fifteen members appointed as follows:
(1) The President shall appoint as a member one officer or employee
from each of the following: The Department of Agriculture, the
Department of Defense, the Department of the Army, the Department of the
Navy, the Department of the Air Force, the Department of Health and
Human Services, the Department of Commerce, the Department of Veterans
Affairs, the Department of Justice, the Department of Labor, and the
General Services Administration. The head of each such department and
agency shall nominate one officer or employee in his department or
agency for appointment under this paragraph.
(2)(A) The President shall appoint one member from persons who are
not officers or employees of the Government and who are conversant with
the problems incident to the employment of the blind.
(B) The President shall appoint one member from persons who are not
officers or employees of the Government and who are conversant with the
problems incident to the employment of other severely handicapped
individuals.
(C) The President shall appoint one member from persons who are not
officers or employees of the Government and who represent blind
individuals employed in qualified nonprofit agencies for the blind.
(D) The President shall appoint one member from persons who are not
officers or employees of the Government and who represent severely
handicapped individuals (other than blind individuals) employed in
qualified nonprofit agencies for other severely handicapped individuals.
(b) Vacancy
A vacancy in the membership of the Committee shall be filled in the
manner in which the original appointment was made.
(c) Chairman
The members of the Committee shall elect one of their number to be
Chairman.
(d) Terms
(1) Except as provided in paragraphs (2), (3), and (4), members
appointed under paragraph (2) of subsection (a) of this section shall be
appointed for terms of five years. Any member appointed to the Committee
under such paragraph may be reappointed to the Committee if he meets the
qualifications prescribed by that paragraph.
(2) Of the members first appointed under paragraph (2) of subsection
(a) of this section--
(A) one shall be appointed for a term of three years,
(B) one shall be appointed for a term of four years, and
(C) one shall be appointed for a term of five years,
as designated by the President at the time of appointment.
(3) Any member appointed under paragraph (2) of subsection (a) of
this section to fill a vacancy occurring prior to the expiration of the
term for which his predecessor was appointed shall be appointed only for
the remainder of such term. A member appointed under such paragraph may
serve after the expiration of his term until his successor has taken
office.
(4) The member first appointed under paragraph (2)(B) of subsection
(a) of this section shall be appointed for a term of three years.
(e) Pay and travel expenses
(1) Except as provided in paragraph (2), members of the Committee
shall each be entitled to receive the daily equivalent of the annual
rate of basic pay in effect for grade GS-18 of the General Schedule for
each day (including traveltime) during which they are engaged in the
actual performance of services for the Committee.
(2) Members of the Committee who are officers or employees of the
Government shall receive no additional pay on account of their service
on the Committee.
(3) While away from their homes or regular places of business in the
performance of services for the Committee, members of the Committee
shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed intermittently in
the Government service are allowed expenses under section 5703(b) \1\ of
title 5.
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\1\ See References in Text note below.
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(f) Staff
(1) Subject to such rules as may be adopted by the Committee, the
Chairman may appoint and fix the pay of such personnel as the Committee
determines are necessary to assist it in carrying out its duties and
powers under sections 46 to 48c of this title.
(2) Upon request of the Committee, the head of any entity of the
Government is authorized to detail, on a reimbursable basis, any of the
personnel of such entity to the Committee to assist it in carrying out
its duties and powers under section 46 to 48c of this title.
(3) The staff of the Committee appointed under paragraph (1) shall
be appointed subject to the provisions of title 5 governing appointments
in the competitive service, and shall be paid in accordance with the
provisions of chapter 51 and subchapter III of chapter 53 of such title
5 relating to classification and General Schedule pay rates.
(g) Obtaining official data
The Committee may secure directly from any entity of the Government
information necessary to enable it to carry out sections 46 to 48c of
this title. Upon request of the Chairman of the Committee, the head of
such Government entity shall furnish such information to the Committee.
(h) Administrative support services
The Administrator of General Services shall provide to the Committee
on a reimbursable basis such administrative support services as the
Committee may request.
(i) Annual report
The Committee shall, not later than December 31 of each year,
transmit to the President and to the Congress a report which shall
include the names of the Committee members serving in the preceding
fiscal year, the dates of Committee meetings in that year, a description
of its activities under sections 46 to 48c of this title in that year,
and any recommendations for changes in sections 46 to 48c of this title
which it determines are necessary.
(June 25, 1938, ch. 697, Sec. 1, 52 Stat. 1196; Pub. L. 92-28, Sec. 1,
June 23, 1971, 85 Stat. 77; Pub. L. 93-358, Sec. 1(1), (2), July 25,
1974, 88 Stat. 392, 393; Pub. L. 94-273, Sec. 8(2), Apr. 21, 1976, 90
Stat. 378; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat.
695; Pub. L. 102-54, Sec. 13(p), June 13, 1991, 105 Stat. 278; Pub. L.
102-569, title IX, Sec. 911(a), Oct. 29, 1992, 106 Stat. 4486; Pub. L.
103-73, title III, Sec. 301, Aug. 11, 1993, 107 Stat. 736.)
References in Text
Section 5703 of title 5, referred to in subsec. (e)(3), was amended
generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat. 85, and, as
so amended, does not contain a subsec. (b).
Amendments
1993--Subsec. (a). Pub. L. 103-73 substituted ``Blind or Severely
Disabled'' for ``Blind and Severely Disabled'' in introductory
provisions.
1992--Subsec. (a). Pub. L. 102-569 substituted ``From People Who Are
Blind and Severely Disabled'' for ``from the Blind and Other Severely
Handicapped'' in introductory provisions.
1991--Subsec. (a)(1). Pub. L. 102-54 substituted ``Department of
Veterans Affairs'' for ``Veterans' Administration''.
1976--Subsec. (i). Pub. L. 94-273 substituted ``December 31'' for
``September 30''.
1974--Subsec. (a). Pub. L. 93-358, Sec. 1(1)(A), (B), substituted
``Committee for Purchase from Blind and Other Severely Handicapped'' for
``Committee for Purchase of Products and Services of the Blind and Other
Severely Handicapped'' and ``fifteen'' for ``fourteen'' in provisions
preceding par. (1).
Subsec. (a)(2). Pub. L. 93-358, Sec. 1(1)(C), (D), struck out ``and
other severely handicapped individuals'' after ``employment of the
blind'' in subpar. (A), added subpar. (B), and redesignated former
subpars. (B) and (C) as (C) and (D), respectively.
Subsec. (d)(1). Pub. L. 93-358, Sec. 1(2)(A), substituted
``paragraphs (2), (3), and (4)'' for ``paragraphs (2) and (3)''.
Subsec. (d)(4). Pub. L. 93-358, Sec. 1(2)(B), added par. (4).
1971--Pub. L. 92-28, in substituting subsecs. (a) to (i) for former
paragraph, among other changes: renamed Committee on Purchases of Blind-
made Products as Committee for Purchase of Products and Services of the
Blind and Other Severely Handicapped; increased membership of Committee
from seven to fourteen members; provided for appointments from
Departments of Defense, Air Force, Health, Education, and Welfare,
Justice, and Labor and from Veterans' Administration and General
Services Administration; eliminated appointments from Treasury
Department and Department of Interior; substituted appointment from
Department of the Army for appointment from War Department; required one
appointee to be also conversant with problems incident to employment of
other severely handicapped individuals; substituted requirement that
such appointment be from persons not officers or employees of the
Government rather than that he be a private citizen; reenacted provision
for Presidential appointment; substituted subsec. (e) pay and travel
expenses provisions for former requirement for service of Committee
members without additional compensation; incorporated in subsec. (c)
provision for selection of a Chairman, substituting ``election'' for
``designation''; and inserted provisions incorporated in subsecs. (a)(1)
(for nomination by head of each department and agency of one officer or
employee of the department or agency for appointment under par. (1)),
(a)(2)(B), (C), (b), (d), and (f) to (i).
Change of Name
``Department of Health and Human Services'' substituted for
``Department of Health, Education, and Welfare'' in subsec. (a)(1)
pursuant to section 509(b) of Pub. L. 96-88 which is classified to
section 3508(b) of Title 20, Education.
Effective Date of 1971 Amendment
Section 2 of Pub. L. 92-28 provided that: ``The amendment made by
the first section of this Act [amending this section and sections 47 and
48 and enacting sections 48a to 48c of this title] shall take effect on
the first day of the first month which begins more than thirty days
after the date of enactment of this Act [June 23, 1971].''
Short Title
Section 7 of act June 25, 1938, as added by Pub. L. 103-355, title
X, Sec. 10005(f)(6), Oct. 13, 1994, 108 Stat. 3409, provided that:
``This Act [enacting this section and sections 47 to 48c of this title]
may be cited as the `Javits-Wagner-O'Day Act'.''
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(i) of this section relating to the requirement that the Committee
transmit a report to Congress each year, see section 3003 of Pub. L.
104-66, as amended, set out as a note under section 1113 of Title 31,
Money and Finance, and page 199 of House Document No. 103-7.
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
Act Referred to in Other Sections
The Javits-Wagner-O'Day Act is referred to in section 253 of this
title; title 10 sections 2304, 2461; title 15 section 657a; title 40
sections 502, 593.
Section Referred to in Other Sections
This section is referred to in sections 47, 48a, 48b, 48c of this
title; title 15 section 644.
