Notes on 41 U.S.C. § 46 : US Code - Notes

Search Notes on 41 U.S.C. § 46 : US Code - Notes

(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).
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.
TRANSFER OF FUNCTIONS
"Department of Education" substituted for "Department of Health,
Education, and Welfare" in subsec. (a)(1) pursuant to sections
301(a)(4)(A), (C), (b)(3) and 507 of Pub. L. 96-88, which are
classified to sections 3441(a)(4)(A), (C), (b)(3) and 3507 of Title
20, Education, and which transferred to the Department of Education
the functions and offices of the Department of Health, Education,
and Welfare that 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.
STATEMENT OF POLICY AND REPORT CONCERNING THE OPERATION AND
MANAGEMENT OF CERTAIN MILITARY FACILITIES REGARDING THE BLIND OR
SEVERELY DISABLED
Pub. L. 109-163, div. A, title VIII, Sec. 848(b), (c), Jan. 6,
2006, 119 Stat. 3395, provided that:
"(b) Statement of Policy. - The Secretary of Defense, the
Secretary of Education, and the Chairman of the Committee for
Purchase From People Who Are Blind or Severely Disabled shall
jointly issue a statement of policy related to the implementation
of the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and the Javits-
Wagner-O'Day Act (41 U.S.C. 48 [46 et seq.]) within the Department
of Defense and the Department of Education. The joint statement of
policy shall specifically address the application of those Acts to
both operation and management of all or any part of a military mess
hall, military troop dining facility, or any similar dining
facility operated for the purpose of providing meals to members of
the Armed Forces, and shall take into account and address, to the
extent practicable, the positions acceptable to persons
representing programs implemented under each Act.
"(c) Report. - Not later than April 1, 2006, the Secretary of
Defense, the Secretary of Education, and the Chairman of the
Committee for Purchase From People Who Are Blind or Severely
Disabled shall submit to the Committees on Armed Services of the
Senate and the House of Representatives, the Committee on Health,
Education, Labor and Pensions of the Senate, and the Committee on
Education and the Workforce of the House of Representatives a
report describing the joint statement of policy issued under
subsection (b), with such findings and recommendations as the
Secretaries consider appropriate."
(!1) See References in Text note below.