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US (United States) Code. Title 20. Chapter 6A: Vending facilities for blind in Federal Buildings

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-CITE-

20 USC CHAPTER 6A - VENDING FACILITIES FOR BLIND IN

FEDERAL BUILDINGS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 6A - VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

-HEAD-

CHAPTER 6A - VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

-MISC1-

Sec.

107. Operation of vending facilities.

(a) Authorization.

(b) Preferences regulations; justification for

limitation on operation.

107a. Federal and State responsibilities.

(a) Functions of Secretary; surveys; designation of

State licensing agencies; qualifications for

license; evaluation of programs.

(b) Duty of State licensing agencies to prefer blind.

(d) Buildings occupied by United States departments,

agencies, and instrumentalities required to

provide sites for facilities; exceptions.

(e) State licensing agency in States having

vocational rehabilitation plans.

107b. Application for designation as State licensing agency;

cooperation with Secretary; furnishing initial stock.

107b-1. Access to information with State licensing agencies;

election and responsibilities of Committee of Blind Vendors.

107b-2. Omitted.

107b-3. Audit of nonappropriated fund activities.

107c. Repealed.

107d. Expenditures.

(a) Personal services, rent, printing, etc.

(b) Preference to blind persons in employment.

107d-1. Grievances of blind licensees.

(a) Hearing and arbitration.

(b) Noncompliance by Federal departments and

agencies; complaints by State licensing

agencies; arbitration.

107d-2. Arbitration.

(a) Notice and hearing.

(b) Composition of panel; designation of chairman;

termination of violations.

(d) Payment of costs by the Secretary.

107d-3. Vending machine income.

(a) Accrual to blind licensee and alternatively to

State agency; ceiling on amount for individual

licensee.

(b) Direct competition between vending machine and

vending facility; proportion of accrued income

from such vending machines for individual

licensee.

State licensing agency.

(d) Income from vending machines in certain locations

excepted.

(e) Regulations establishing priority for operation

of cafeterias.

(f) Existing arrangements more favorable to blind

licensees unaffected.

(g) Regulations for compliance.

107d-4. Training programs for maximum vocational potential for

blind.

107e. Definitions.

107e-1. Repealed.

107f. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3441 of this title.

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20 USC Sec. 107 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 6A - VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

-HEAD-

Sec. 107. Operation of vending facilities

-STATUTE-

(a) Authorization

For the purposes of providing blind persons with remunerative

employment, enlarging the economic opportunities of the blind, and

stimulating the blind to greater efforts in striving to make

themselves self-supporting, blind persons licensed under the

provisions of this chapter shall be authorized to operate vending

facilities on any Federal property.

(b) Preferences regulations; justification for limitation on

operation

In authorizing the operation of vending facilities on Federal

property, priority shall be given to blind persons licensed by a

State agency as provided in this chapter; and the Secretary,

through the Commissioner, shall, after consultation with the

Administrator of General Services and other heads of departments,

agencies, or instrumentalities of the United States in control of

the maintenance, operation, and protection of Federal property,

prescribe regulations designed to assure that -

(1) the priority under this subsection is given to such

licensed blind persons (including assignment of vending machine

income pursuant to section 107d-3 of this title to achieve and

protect such priority), and

(2) wherever feasible, one or more vending facilities are

established on all Federal property to the extent that any such

facility or facilities would not adversely affect the interests

of the United States.

Any limitation on the placement or operation of a vending facility

based on a finding that such placement or operation would adversely

affect the interests of the United States shall be fully justified

in writing to the Secretary, who shall determine whether such

limitation is justified. A determination made by the Secretary

pursuant to this provision shall be binding on any department,

agency, or instrumentality of the United States affected by such

determination. The Secretary shall publish such determination,

along with supporting documentation, in the Federal Register.

-SOURCE-

(June 20, 1936, ch. 638, Sec. 1, 49 Stat. 1559; Aug. 3, 1954, ch.

655, Sec. 4(a), 68 Stat. 663; Pub. L. 93-516, title II, Sec. 202,

Dec. 7, 1974, 88 Stat. 1623; Pub. L. 93-651, title II, Sec. 202,

Nov. 21, 1974, 89 Stat. 2-8.)

-COD-

CODIFICATION

The content of Pub. L. 93-516, including provisions thereof which

amended and enacted various sections of this chapter, 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. See 1974 Amendment note below.

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

chapter should be deemed to have been amended by Pub. L. 93-651,

Nov. 21, 1974, 89 Stat. 2-3, in exactly the same manner as it was

amended by Pub. L. 93-516.

-MISC3-

AMENDMENTS

1974 - Subsec. (a). Pub. L. 93-516 designated first sentence of

existing provisions as subsec. (a), substituted ''purposes'' for

''purpose'', ''vending facilities'' for ''vending stands'', and

struck out ''where such vending stands may be properly and

satisfactorily operated by blind persons''. An identical amendment

was made by Pub. L. 93-651. See Codification note above.

Subsec. (b). Pub. L. 93-516 designated second sentence of

existing provisions as subsec. (b), in the provisions preceding

par. (1) of subsec. (b) as so designated, substituted reference to

vending facilities for reference to vending stands, substituted

provisions requiring that priority be given to blind persons for

provisions requiring that preference be given so far as feasible to

blind persons, substituted provisions authorizing the Secretary

after consultation with the Administrator of General Services, and

other heads of departments, agencies, or instrumentalities of the

United States in control of maintenance, operation, and protection

of Federal property to prescribe regulations for provisions

authorizing the head of each department or agency in control of the

maintenance, operation, and protection of Federal property after

consultation with the Secretary and with the approval of the

President to prescribe regulations, struck out provisions that such

regulations assure such preference including assignment of vending

machine income to achieve and protect such preference for such

blind persons without unduly inconveniencing such departments and

agencies or adversely affecting the interests of the United States,

and added pars. (1) and (2) and provisions following par. (2). An

identical amendment was made by Pub. L. 93-651. See Codification

note above.

1954 - Act Aug. 3, 1954, provided that in authorizing the

operation of vending stands preference shall be given, so far as

feasible, to blind persons.

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by act Aug. 3, 1954, effective July 1, 1954, see

section 8 of act Aug. 3, 1954.

SHORT TITLE OF 1974 AMENDMENT

Section 200 of title II of Pub. L. 93-516 provided that: ''This

title (enacting sections 107b-1 to 107b-3 and 107d-1 to 107d-4 of

this title, amending this section, sections 107a, 107b, 107d, 107e

of this title, and section 5108 of Title 5, Government Organization

and Employees, repealing sections 107c and 107e-1 of this title,

and enacting provisions set out as notes under this section and

section 702 of Title 29, Labor) may be cited as the

'Randolph-Sheppard Act Amendments of 1974'.''

An identical provision is in section 200 of Pub. L. 93-651. See

Codification note above.

SHORT TITLE OF 1954 AMENDMENT

Section 1 of act Aug. 3, 1954, provided that: ''This Act

(enacting section 107e-1 of this title and amending this section

and sections 107a, 107b, 107e, and 107f of this title and sections

31 to 41, 42, 49b, and 49g of Title 29, Labor) may be cited as the

'Vocational Rehabilitation Amendments of 1954'.''

SHORT TITLE

Act June 20, 1936, ch. 638, 49 Stat. 1559, which enacted this

chapter, is popularly known as the ''Randolph-Sheppard Vending

Stand Act''. It is also known as the ''Randolph-Sheppard Act''.

CONGRESSIONAL FINDINGS

Section 201 of Pub. L. 93-516 provided that: ''The Congress finds

''(1) after review of the operation of the blind vending stand

program authorized under the Randolph-Sheppard Act of June 20,

1936 (this chapter), that the program has not developed, and has

not been sustained, in the manner and spirit in which the

Congress intended at the time of its enactment, and that, in

fact, the growth of the program has been inhibited by a number of

external forces;

''(2) that the potential exists for doubling the number of

blind operators on Federal and other property under the

Randolph-Sheppard program within the next five years, provided

the obstacles to growth are removed, that legislative and

administrative means exist to remove such obstacles, and that

Congress should adopt legislation to that end; and

''(3) that at a minimum the following actions must be taken to

insure the continued vitality and expansion of the

Randolph-Sheppard program -

''(A) establish uniformity of treatment of blind vendors by

all Federal departments, agencies, and instrumentalities,

''(B) establish guidelines for the operation of the program

by State licensing agencies,

''(C) require coordination among the several entities with

responsibility for the program,

''(D) establish a priority for vending facilities operated by

blind vendors on Federal property,

''(E) establish administrative and judicial procedures under

which fair treatment of blind vendors, State licensing

agencies, and the Federal Government is assured,

''(F) require stronger administration and oversight functions

in the Federal office carrying out the program, and

''(G) accomplish other legislative and administrative

objectives which will permit the Randolph-Sheppard program to

flourish.''

An identical provision is in section 201 of Pub. L. 93-651. See

Codification note above.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 107a, 107d-1 of this

title; title 39 section 410.

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20 USC Sec. 107a 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 6A - VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

-HEAD-

Sec. 107a. Federal and State responsibilities

-STATUTE-

(a) Functions of Secretary; surveys; designation of State licensing

agencies; qualifications for license; evaluation of programs

The Secretary of Education shall -

(1) Insure that the Rehabilitation Services Administration is

the principal agency for carrying out this chapter; and the

Commissioner shall, within one hundred and eighty days after

enactment of the Randolph-Sheppard Act Amendments of 1974,

establish requirements for the uniform application of this

chapter by each State agency designated under paragraph (5) of

this subsection, including appropriate accounting procedures,

policies on the selection and establishment of new vending

facilities, distribution of income to blind vendors, and the use

and control of set-aside funds under section 107b(3) of this

title;

(2) Through the Commissioner, make annual surveys of concession

vending opportunities for blind persons on Federal and other

property in the United States, particularly with respect to

Federal property under the control of the General Services

Administration, the Department of Defense, and the United States

Postal Service;

(3) Make surveys throughout the United States of industries

with a view to obtaining information that will assist blind

persons to obtain employment;

(4) Make available to the public, and especially to persons and

organizations engaged in work for the blind, information obtained

as a result of such surveys;

(5) Designate as provided in section 107b of this title the

State agency for the blind in each State, or, in any State in

which there is no such agency, some other public agency to issue

licenses to blind persons who are citizens of the United States

for the operating of vending facilities on Federal and other

property in such State for the vending of newspapers,

periodicals, confections, tobacco products, foods, beverages, and

other articles or services dispensed automatically or manually

and prepared on or off the premises in accordance with all

applicable health laws, as determined by the State licensing

agency, and including the vending or exchange of chances for any

lottery authorized by State law and conducted by an agency of a

State; and

(6) Through the Commission, (FOOTNOTE 1) (A) conduct periodic

evaluations of the program authorized by this chapter, including

upward mobility and other training required by section 107d-4 of

this title, and (B) take such other steps, including the issuance

of such rules and regulations, as may be necessary or desirable

in carrying out the provisions of this chapter.

(FOOTNOTE 1) So in original. Probably should be

''Commissioner,''.

(b) Duty of State licensing agencies to prefer blind

The State licensing agency shall, in issuing each such license

for the operation of a vending facility, give preference to blind

persons who are in need of employment. Each such license shall be

issued for an indefinite period but may be terminated by the State

licensing agency if it is satisfied that the facility is not being

operated in accordance with the rules and regulations prescribed by

such licensing agency. Such licenses shall be issued only to

applicants who are blind within the meaning of section 107e of this

title.

The State licensing agency designated by the Secretary is

authorized, with the approval of the head of the department or

agency in control of the maintenance, operation, and protection of

the Federal property on which the facility is to be located but

subject to regulations prescribed pursuant to section 107 of this

title, to select a location for such facility and the type of

facility to be provided.

(d) Buildings occupied by United States departments, agencies, and

instrumentalities required to provide sites for facilities;

exceptions

(1) After January 1, 1975, no department, agency, or

instrumentality of the United States shall undertake to acquire by

ownership, rent, lease, or to otherwise occupy, in whole or in

part, any building unless, after consultation with the head of such

department, agency, or instrumentality and the State licensing

agency, it is determined by the Secretary that (A) such building

includes a satisfactory site or sites for the location and

operation of a vending facility by a blind person, or (B) if a

building is to be constructed, substantially altered, or renovated,

or in the case of a building that is already occupied on such date

by such department, agency, or instrumentality, is to be

substantially altered or renovated for use by such department,

agency, or instrumentality, the design for such construction,

substantial alteration, or renovation includes a satisfactory site

or sites for the location and operation of a vending facility by a

blind person. Each such department, agency, or instrumentality

shall provide notice to the appropriate State licensing agency of

its plans for occupation, acquisition, renovation, or relocation of

a building adequate to permit such State agency to determine

whether such building includes a satisfactory site or sites for a

vending facility.

(2) The provisions of paragraph (1) shall not apply (A) when the

Secretary and the State licensing agency determine that the number

of people using the property is or will be insufficient to support

a vending facility, or (B) to any privately owned building, any

part of which is leased by any department, agency, or

instrumentality of the United States and in which, (i) prior to the

execution of such lease, the lessor or any of his tenants had in

operation a restaurant or other food facility in a part of the

building not included in such lease, and (ii) the operation of such

a vending facility by a blind person would be in proximate and

substantial direct competition with such restaurant or other food

facility except that each such department, agency, and

instrumentality shall make every effort to lease property in

privately owned buildings capable of accommodating a vending

facility.

(3) For the purposes of this subsection, the term ''satisfactory

site'' means an area determined by the Secretary to have sufficient

space, electrical and plumbing outlets, and such other facilities

as the Secretary may by regulation prescribe, for the location and

operation of a vending facility by a blind person.

(e) State licensing agency in States having vocational

rehabilitation plans

In any State having an approved plan for vocational

rehabilitation pursuant to the Vocational Rehabilitation Act or the

Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the State

licensing agency designated under paragraph (5) of subsection (a)

of this section shall be the State agency designated under section

101(a)(2)(A) of such Rehabilitation Act of 1973 (29 U.S.C.

721(a)(2)(A)).

-SOURCE-

(June 20, 1936, ch. 638, Sec. 2, 49 Stat. 1559; 1939 Reorg. Plan

No. I, Sec. 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat.

1424; 1946 Reorg. Plan No. 2, Sec. 6, eff. July 16, 1946, 11 F.R.

7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr.

11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 3, 1954, ch. 655, Sec.

4(b)-(d), 68 Stat. 663; Pub. L. 93-516, title II, Sec. 203, Dec. 7,

1974, 88 Stat. 1623; Pub. L. 93-651, title II, Sec. 203, Nov. 21,

1974, 89 Stat. 2-8; Pub. L. 96-88, title III, Sec. 301(a)(4)(B),

title V, Sec. 507, Oct. 17, 1979, 93 Stat. 678, 692; Pub. L.

104-66, title I, Sec. 1041(i), Dec. 21, 1995, 109 Stat. 715; Pub.

L. 105-220, title IV, Sec. 414(a), Aug. 7, 1998, 112 Stat. 1241.)

-REFTEXT-

REFERENCES IN TEXT

For the date of the enactment of the Randolph-Sheppard Act

Amendments of 1974, referred to in subsec. (a)(1), see Codification

note below.

The Vocational Rehabilitation Act, referred to in subsec. (e), is

act June 2, 1920, ch. 219, 41 Stat. 735, as amended, which was

classified to chapter 4 (Sec. 31 et seq.) of Title 29, Labor, and

was repealed by Pub. L. 93-112, title V, Sec. 500(a), Sept. 26,

1973, 87 Stat. 357. Such section 500, classified to section 790 of

Title 29, provides in part that references to the Vocational

Rehabilitation Act in any other provision of law shall be deemed to

be references to the Rehabilitation Act of 1973.

The Rehabilitation Act of 1973, referred to in subsec. (e), is

Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is

classified generally to chapter 16 (Sec. 701 et seq.) of Title 29,

Labor. For complete classification of this Act to the Code, see

Short Title note set out under section 701 of Title 29 and Tables.

-COD-

CODIFICATION

The content of Pub. L. 93-516, including provisions of section

203 thereof which amended 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.

See 1974 Amendment note below.

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. 1422 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 amended by Pub. L. 93-651,

title II, Sec. 203, Nov. 21, 1974, 89 Stat. 2-8, 2-9, in exactly

the same manner as it was amended by Pub. L. 93-516, Dec. 7, 1974,

88 Stat. 1617.

-MISC3-

AMENDMENTS

1998 - Subsec. (e). Pub. L. 105-220 substituted ''section

101(a)(2)(A)'' for ''section 101(a)(1)(A)''.

1995 - Subsec. (a)(6)(A). Pub. L. 104-66 struck out ''and

annually submit to the appropriate committees of Congress a report

based on such evaluations,'' after ''section 107d-4 of this

title,''.

1974 - Subsec. (a)(1). Pub. L. 93-516, Sec. 203(a)(1), added par.

(1). Former par. (1) redesignated (2). An identical amendment was

made by Pub. L. 93-651. See Codification note above.

Subsec. (a)(2). Pub. L. 93-516, Sec. 203(a)(1), (2), redesignated

former par. (1) as (2) and substituted ''Through the Commissioner,

make annual surveys of concessions vending opportunities for blind

persons on Federal and other property in the United States,

particularly with respect to Federal property under the control of

the General Services Administration, the Department of Defense, and

the United States Postal Service'' for ''Make surveys of

concession-stand opportunities for blind persons on Federal and

other property in the United States''. Former par. (2) redesignated

(3). An identical amendment was made by Pub. L. 93-651. See

Codification note above.

Subsec. (a)(3). Pub. L. 93-516, Sec. 203(a)(1), redesignated

former par. (2) as (3). Former par. (3) redesignated (4). An

identical amendment was made by Pub. L. 93-651. See Codification

note above.

Subsec. (a)(4). Pub. L. 93-516, Sec. 203(a)(1), redesignated

former par. (3) as (4). Former par. (4) redesignated (5). An

identical amendment was made by Pub. L. 93-651. See Codification

note above.

Subsec. (a)(5). Pub. L. 93-516, Sec. 203(a)(1), (3), redesignated

former par. (4) as (5), substituted ''State agency for the blind in

each State, or, in any State in which there is no such agency, some

other public agency to issue licenses to blind persons who are

citizens of the United States for the operating of vending

facilities'' for ''State commission for the blind in each State,

or, in any State in which there is no such commission, some other

public agency to issue licenses to blind persons who are citizens

of the United States and at least twenty-one years of age for the

operating of vending stands'', and ''foods, beverages, and other

articles or services dispensed automatically or manually and

prepared on or off the premises in accordance with all applicable

health laws, as determined by the State licensing agency, and

including the vending or exchange of chances for any lottery

authorized by State law and conducted by an agency of a State'' for

''articles dispensed automatically or in containers or wrapping in

which they are placed before receipt by the vending stand, and such

other articles as may be approved for each property by the

department or agency in control of the maintenance, operation, and

protection thereof and the State licensing agency in accordance

with the regulations prescribed pursuant to section 107 of this

title'', and struck out proviso that effective four years after the

enactment of the Vocational Rehabilitation Amendments of 1954, in

States having an approved plan for vocational rehabilitation

pursuant to the Vocational Rehabilitation Act, the licensing agency

to be designated hereunder shall be the State agency designated

pursuant to section 35(a)(1) of title 29 as the sole agency with

respect to vocational rehabilitation of the blind, and that prior

to such time, no license shall be granted except upon certification

by a vocational rehabilitation agency that the individual is

qualified to operate a vending stand. An identical amendment was

made by Pub. L. 93-651. See Codification note above.

Subsec. (a)(6). Pub. L. 93-516, Sec. 203(a)(1), (4), redesignated

former par. (5) as (6), substantially reenacted existing provisions

in cl. (B), and added cl. (A) and provisions preceding cl. (A). An

identical amendment was made by Pub. L. 93-651. See Codification

note above.

Subsec. (b). Pub. L. 93-516, Sec. 203(b), substituted ''operation

of a vending facility'' for ''operation of a vending stand'',

struck out one year residency requirement for giving preference,

and in provisions relating to qualifications of applicants, struck

out ''but are able, in spite of such infirmity, to operate such

stands''. An identical amendment was made by Pub. L. 93-651. See

Codification note above.

Subsec. (c). Pub. L. 93-516, Sec. 203(c), substituted

''facility'' for ''stand'' in three places. An identical amendment

was made by Pub. L. 93-651. See Codification note above.

Subsecs. (d), (e). Pub. L. 93-516, Sec. 203(d), added subsecs.

(d) and (e). An identical amendment was made by Pub. L. 93-651. See

Codification note above.

1954 - Act Aug. 3, 1954, added to the list of articles which may

be vended, articles dispensed automatically or in containers or

wrappings received by the stand and to provide that after four

years the agency designated under section 35(a)(1) of title 29

shall be the sole State agency for vocational rehabilitation of the

blind and to require, prior to that time, certification by agencies

as a condition for issuing licenses.

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by act Aug. 3, 1954, effective July 1, 1954, see

section 8 of act Aug. 3, 1954.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Education'' substituted for ''Secretary of Health,

Education, and Welfare'' in subsec. (a) pursuant to sections

301(a)(4)(B) and 507 of Pub. L. 96-88 which are classified to

sections 3441(a)(4)(B) and 3507 of this title and which transferred

functions of Secretary of Health, Education, and Welfare under this

chapter to Secretary of Education.

For transfer of functions and offices of Secretary and Department

of Health, Education, and Welfare, including Rehabilitation

Services Administration and Commissioner thereof, to Secretary and

Department of Education, and for delegation of certain functions of

Secretary of Education under this chapter to Assistant Secretary

for Special Education and Rehabilitative Services, see sections

3417 and 3441 of this title.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out in the Appendix to Title 5, Government Organization and

Employees. Federal Security Agency and office of Administrator

abolished by section 8 of Reorg. Plan No. 1 of 1953.

''Federal Security Administrator'' substituted for ''Office of

Education under the Federal Security Agency, subject to the

direction of the Commissioner of Education and such rules and

regulations as he may, with the approval of the Federal Security

Administrator, prescribe'' in subsec. (a) and for ''Office of

Education'' in subsec. (c) by Reorg. Plan No. 2 of 1946, set out in

the Appendix to Title 5, which transferred functions of Office of

Education and Commissioner of Education under sections 107 to 107f

of this title to Federal Security Administrator. Federal Security

Agency Order 62, July 16, 1946, 11 F.R. 7943, provided that these

functions shall be performed under supervision and direction of

Commissioner for Special Services by Director of Vocational

Rehabilitation and such officers and employees of Office of

Vocational Rehabilitation as Director shall designate.

Office of Education originally established in Department of the

Interior from which it was transferred to Federal Security Agency

by Reorg. Plan No. I of 1939, Sec. 201, which is set out in the

Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 107e of this title; title

23 section 111.

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20 USC Sec. 107b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 6A - VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

-HEAD-

Sec. 107b. Application for designation as State licensing agency;

cooperation with Secretary; furnishing initial stock

-STATUTE-

A State agency for the blind or other State agency desiring to be

designated as the licensing agency shall, with the approval of the

chief executive of the State, make application to the Secretary and

agree -

(1) to cooperate with the Secretary in carrying out the purpose

of this chapter;

(2) to provide for each licensed blind person such vending

facility equipment, and adequate initial stock of suitable

articles to be vended therefrom, as may be necessary: Provided,

however, That such equipment and stock may be owned by the

licensing agency for use of the blind, or by the blind individual

to whom the license is issued: And provided further, That if

ownership of such equipment is vested in the blind licensee, (A)

the State licensing agency shall retain a first option to

repurchase such equipment and (B) in the event such individual

dies or for any other reason ceases to be a licensee or transfers

to another vending facility, ownership of such equipment shall

become vested in the State licensing agency (for transfer to a

successor licensee) subject to an obligation on the part of the

State licensing agency to pay to such individual (or to his

estate) the fair value of his interest therein as later

determined in accordance with regulations of the State licensing

agency and after opportunity for a fair hearing;

(3) that if any funds are set aside, or caused to be set aside,

from the net proceeds of the operation of the vending facilities

such funds shall be set aside, or caused to be set aside, only to

the extent necessary for and may be used only for the purposes of

(A) maintenance and replacement of equipment; (B) the purchase of

new equipment; (C) management services; (D) assuring a fair

minimum return to operators of vending facilities; and (E)

retirement or pension funds, health insurance contributions, and

provision for paid sick leave and vacation time, if it is

determined by a majority vote of blind licensees licensed by such

State agency, after such agency provides to each such licensee

full information on all matters relevant to such proposed

program, that funds under this paragraph shall be set aside for

such purposes: Provided, however, That in no event shall the

amount of such funds to be set aside from the net proceeds of any

vending facility exceed a reasonable amount which shall be

determined by the Secretary;

(4) to make such reports in such form and containing such

information as the Secretary may from time to time require and to

comply with such provisions as he may from time to time find

necessary to assure the correctness and verification of such

reports;

(5) to issue such regulations, consistent with the provisions

of this chapter, as may be necessary for the operation of this

program;

(6) to provide to any blind licensee dissatisfied with any

action arising from the operation or administration of the

vending facility program an opportunity for a fair hearing, and

to agree to submit the grievances of any blind licensee not

otherwise resolved by such hearing to arbitration as provided in

section 107d-1 of this title.

-SOURCE-

(June 20, 1936, ch. 638, Sec. 3, 49 Stat. 1560; 1946 Reorg. Plan

No. 2, Sec. 6, eff. July 16, 1946, 11 F.R 7873, 60 Stat. 1095;

1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R.

2053, 67 Stat. 631; Aug. 3, 1954, ch. 655, Sec. 4(e), 68 Stat. 664;

Pub. L. 93-516, title II, Sec. 204, Dec. 7, 1974, 88 Stat. 1625;

Pub. L. 93-651, title II, Sec. 204, Nov. 21, 1974, 89 Stat. 2-10.)

-COD-

CODIFICATION

The content of Pub. L. 93-516, including provisions of section

204 thereof which amended 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.

See 1974 Amendment note below.

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 amended by Pub. L. 93-651,

title II, Sec. 204, Nov. 21, 1974, 89 Stat. 2-10, in exactly the

same manner as it was amended by Pub. L. 93-516.

-MISC3-

AMENDMENTS

1974 - Pub. L. 93-516, Sec. 204(a)(1), substituted ''A State

agency'' for ''A State commission'' in provisions preceding par.

(1). An identical amendment was made by Pub. L. 93-651. See

Codification note above.

Par. (2). Pub. L. 93-516, Sec. 204(a)(2), substituted ''vending

facility'' for ''vending stand'' in two places. An identical

amendment was made by Pub. L. 93-651. See Codification note above.

Par. (3). Pub. L. 93-516, Sec. 204(a)(2), (b), (c), in provisions

preceding subpar. (A), substituted ''the net proceeds of the

operation of the vending facilities'' for ''the proceeds of the

operation of the vending stands'', in subpar. (D), substituted

''vending facilities'' for ''vending stands'', added subpar. (E),

and in proviso following subpar. (E) substituted ''the net proceeds

of any vending facility'' for ''the proceeds of any vending

stand''. An identical amendment was made by Pub. L. 93-651. See

Codification note above.

Par. (6). Pub. L. 93-516, Sec. 204(a)(3), substituted ''vending

facility program an opportunity for a fair hearing, and to agree to

submit the grievances of any blind licensee not otherwise resolved

by such hearing to arbitration as provided in section 107d-1 of

this title'' for ''vending stand program an opportunity for a fair

hearing''. An identical amendment was made by Pub. L. 93-651. See

Codification note above.

1954 - Act Aug. 3, 1954, amended section generally and, among

other changes, added pars. (3) to (6).

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by act Aug. 3, 1954, effective July 1, 1954, see

section 8 of act Aug. 3, 1954.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, see note set out under section 107a of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 107a, 107d-1, 107d-3 of

this title.

-CITE-

20 USC Sec. 107b-1 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 6A - VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

-HEAD-

Sec. 107b-1. Access to information with State licensing agencies;

election and responsibilities of Committee of Blind Vendors

-STATUTE-

In addition to other requirements imposed in this title and in

this chapter upon State licensing agencies, such agencies shall -

(1) provide to each blind licensee access to all relevant

financial data, including quarterly and annual financial reports,

on the operation of the State vending facility program;

(2) conduct the biennial election of a Committee of Blind

Vendors who shall be fully representative of all blind licensees

in the State program, (FOOTNOTE 1) and

(FOOTNOTE 1) So in original. The comma probably should be a

semicolon.

(3) insure that such committee's responsibilities include (A)

participation, with the State agency, in major administrative

decisions and policy and program development, (B) receiving

grievances of blind licensees and serving as advocates for such

licensees, (C) participation, with the State agency, in the

development and administration of a transfer and promotion system

for blind licensees, (D) participation, with the State agency, in

developing training and retraining programs, and (E) sponsorship,

with the assistance of the State agency, of meetings and

instructional conferences for blind licensees.

-SOURCE-

(Pub. L. 93-516, title II, Sec. 209, Dec. 7, 1974, 88 Stat. 1630;

Pub. L. 93-651, title II, Sec. 209, Nov. 21, 1974, 89 Stat. 2-15.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in text, is title II of Pub. L. 93-516,

Dec. 7, 1974, 88 Stat. 1617, as amended, known as the

''Randolph-Sheppard Act Amendments of 1974''. For complete

classification of such title to the Code, see Short Title of 1974

Amendment note set out under section 107 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Randolph-Sheppard Act

Amendments of 1974, and not as part of the Randolph-Sheppard

Vending Stand Act which comprises this chapter.

The content of Pub. L. 93-516, including provisions of section

209 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. 209, Nov. 21, 1974, 89 Stat. 2-15, in exactly the

same manner as it was enacted by Pub. L. 93-516.

-CITE-

20 USC Sec. 107b-2 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 6A - VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

-HEAD-

Sec. 107b-2. Omitted

-COD-

CODIFICATION

Section, Pub. L. 93-516, title II, Sec. 210, Dec. 7, 1974, 88

Stat. 1630, required the Secretary to promulgate national standards

for funds set aside, to study and report the feasibility of

establishing retirement, pension, and health insurance systems for

blind licensees, and to evaluate the income assignment methods and

required the State agencies to submit certain reports.

The content of Pub. L. 93-516, including provisions of section

210 thereof which enacted this section, were originally contained