---
kind: "section"
citation: "20 U.S.C. § 107d–2"
title: "20"
title_heading: "Education"
number: "107d–2"
heading: "Arbitration"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/107d-2"
units:
  - "Chapter 6A — Vending Facilities for Blind in Federal Buildings"
---

# §107d–2. Arbitration

- (a) **Notice and hearing—** Upon receipt of a complaint filed under [section 107d–1 of this title](/usc/20/107d–1.md), the [Secretary](/usc/20/107e.md?p=4) shall convene an ad hoc arbitration panel as provided in [subsection (b)](#b). Such panel shall, in accordance with the provisions of subchapter II of [chapter 5](/usc/5/chptI/ch5.md) 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](/usc/20/chch7.md) of such title 5.
- (b) **Composition of panel; designation of chairman; termination of violations—**
  - (1) The arbitration panel convened by the [Secretary](/usc/20/107e.md?p=4) to hear grievances of blind licensees shall be composed of three members appointed as follows:
    - (A) one individual designated by the [State](/usc/20/107e.md?p=5) licensing agency;
    - (B) one individual designated by the blind licensee; and
    - (C) one individual, not employed by the [State](/usc/20/107e.md?p=5) licensing agency or, where appropriate, its parent agency, who shall serve as chairman, jointly designated by the members appointed under subparagraphs [(A)](#b-1-A) and [(B)](#b-1-B).

    If any party fails to designate a member under subparagraph (1)(A), [(B)](#b-1-B), or [(C)](#b-1-C), the [Secretary](/usc/20/107e.md?p=4) shall designate such member on behalf of such party.

  - (2) The arbitration panel convened by the [Secretary](/usc/20/107e.md?p=4) to hear complaints filed by a [State](/usc/20/107e.md?p=5) licensing agency shall be composed of three members appointed as follows:
    - (A) one individual, designated by the [State](/usc/20/107e.md?p=5) licensing agency;
    - (B) one individual, designated by the head of the Federal [department](/usc/20/1221.md?p=c-3), agency, or instrumentality controlling the [Federal property](/usc/20/107e.md?p=3) over which the dispute arose; and
    - (C) one individual, not employed by the Federal [department](/usc/20/1221.md?p=c-3), agency, or instrumentality controlling the [Federal property](/usc/20/107e.md?p=3) over which the dispute arose, who shall serve as chairman, jointly designated by the members appointed under subparagraphs [(A)](#b-2-A) and [(B)](#b-2-B).

    If any party fails to designate a member under subparagraph (2)(A), [(B)](#b-2-B), or [(C)](#b-2-C), the [Secretary](/usc/20/107e.md?p=4) shall designate such member on behalf of such party. If the panel appointed pursuant to [paragraph (2)](#b-2) finds that the acts or practices of any such [department](/usc/20/1221.md?p=c-3), agency, or instrumentality are in violation of this chapter, or any regulation issued thereunder, the head of any such [department](/usc/20/1221.md?p=c-3), 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](/usc/20/107e.md?p=4) 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](/usc/20/107e.md?p=4) 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.

## Source credit

(June 20, 1936, ch. 638, § 6, as added Pub. L. 93–516, title II, § 206, Dec. 7, 1974, 88 Stat. 1626; Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–11.)

## Notes

### Editorial Notes

### 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, § 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, § 206.
