§ 107d-2. — Arbitration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC107d-2]
TITLE 20--EDUCATION
CHAPTER 6A--VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS
Sec. 107d-2. Arbitration
(a) Notice and hearing
Upon receipt of a complaint filed under section 107d-1 of this
title, the Secretary shall convene an ad hoc arbitration panel as
provided in subsection (b) of this section. 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 appeal and review as a final agency action for purposes of
chapter 7 of such title 5.
(b) Composition of panel; designation of chairman; termination of
violations
(1) The arbitration panel convened by the Secretary to hear
grievances of blind licensees shall be composed of three members
appointed as follows:
(A) one individual designated by the State licensing agency;
(B) one individual designated by the blind licensee; and
(C) one individual, not employed by the State licensing agency
or, where appropriate, its parent agency, who shall serve as
chairman, jointly designated by the members appointed 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 Secretary to hear
complaints filed by a State licensing agency shall be composed of three
members 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 instrumentality controlling the Federal
property over which the dispute arose; and
(C) one individual, not employed by the Federal department,
agency, or instrumentality controlling the Federal property over
which the dispute arose, who shall serve as chairman, jointly
designated by the members appointed 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 paragraph (2) finds that the
acts or practices of any such department, agency, or instrumentality are
in violation of this chapter, or any regulation issued thereunder, the
head of any such department, 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 Secretary 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 with a schedule of fees and expenses he shall
publish in the Federal Register.
(June 20, 1936, ch. 638, Sec. 6, as added Pub. L. 93-516, title II,
Sec. 206, Dec. 7, 1974, 88 Stat. 1626; Pub. L. 93-651, title II,
Sec. 206, Nov. 21, 1974, 89 Stat. 2-11.)
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, Second 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 section should be
deemed to have been enacted by Pub. L. 93-651, title II, Sec. 206, Nov.
21, 1974, 89 Stat. 2-11, in exactly the same manner as it was enacted by
Pub. L. 93-516.
Prior Provisions
A prior section 6 of act June 20, 1936, which was classified to
section 107e of this title, was renumbered section 9 by Pub. L. 93-516,
Sec. 206.
Section Referred to in Other Sections
This section is referred to in section 107d-1 of this title.
