+-----------------------------------------------------------------------+
| -   [**TITLE                                                          |
|     20\                                                               |
| --EDUCATION**](http://www.access.gpo.gov/uscode/title20/title20.html) |
|                                                                       |
| +------------------------------------------------------------------+  |
| | +-------------------------------------------------------------+  |  |
| | | -   **CHAPTER 6A\--VENDING FACILITIES FOR BLIND IN FEDERAL  |  |  |
| | |     BUILDINGS**                                             |  |  |
| | +-------------------------------------------------------------+  |  |
| +------------------------------------------------------------------+  |
+-----------------------------------------------------------------------+
| -   Sec.                                                              |
|     [107.](http://frwebgate.access.gpo.gov                            |
| /cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+20USC107) Operation |
|     of vending facilities.                                            |
|                                                                       |
| -   Sec.                                                              |
|     [107a.](http://frwebgate.access.gpo.go                            |
| v/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+20USC107a) Federal |
|     and State responsibilities.                                       |
|                                                                       |
| -   Sec.                                                              |
|     [107b.](http://frwebgate.access.gpo.gov/cg                        |
| i-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+20USC107b) Application |
|     for designation as State licensing agency; cooperation with       |
|     Secretary; furnishing initial stock.                              |
|                                                                       |
| -   Sec.                                                              |
|     [107b-1.](http://frwebgate.access.gpo.gov                         |
| /cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+20USC107b-1) Access |
|     to information with State licensing agencies; election and        |
|     responsibilities of Committee of Blind Vendors.                   |
|                                                                       |
| -   Sec.                                                              |
|     [107b-2.](http://frwebgate.access.gpo.gov/c                       |
| gi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+20USC107b-2) Omitted. |
|                                                                       |
| -   Sec.                                                              |
|     [107b-3.](http://frwebgate.access.gpo.go                          |
| v/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+20USC107b-3) Audit |
|     of nonappropriated fund activities.                               |
|                                                                       |
| -   Sec.                                                              |
|     [107c.](http://frwebgate.access.gpo.gov/                          |
| cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+20USC107c) Repealed. |
|                                                                       |
| -   Sec.                                                              |
|     [107d.](http://frwebgate.access.gpo.gov/cgi-                      |
| bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+20USC107d) Expenditures. |
|                                                                       |
| -   Sec.                                                              |
|     [107d-1.](http://frwebgate.access.gpo.gov/cgi                     |
| -bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+20USC107d-1) Grievances |
|     of blind licensees.                                               |
|                                                                       |
| -   Sec.                                                              |
|     [107d-2.](http://frwebgate.access.gpo.gov/cgi-b                   |
| in/getdoc.cgi?dbname=browse_usc&docid=Cite:+20USC107d-2) Arbitration. |
|                                                                       |
| -   Sec.                                                              |
|     [107d-3.](http://frwebgate.access.gpo.gov/                        |
| cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+20USC107d-3) Vending |
|     machine income.                                                   |
|                                                                       |
| -   Sec.                                                              |
|     [107d-4.](http://frwebgate.access.gpo.gov/c                       |
| gi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+20USC107d-4) Training |
|     programs for maximum vocational potential for blind.              |
|                                                                       |
| -   Sec.                                                              |
|     [107e.](http://frwebgate.access.gpo.gov/cgi                       |
| -bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+20USC107e) Definitions. |
|                                                                       |
| -   Sec.                                                              |
|     [107e-1.](http://frwebgate.access.gpo.gov/cg                      |
| i-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+20USC107e-1) Repealed. |
|                                                                       |
| -   Sec.                                                              |
|     [107f.](http://frwebgate.access.gpo.gov/cgi-                      |
| bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+20USC107f) Authorization |
|     of appropriations.                                                |
+-----------------------------------------------------------------------+

Source: <http://www.access.gpo.gov/uscode/title20/chapter6a_.html>

From the U.S. Code Online via GPO Access

\[wais.access.gpo.gov\]

\[Laws in effect as of January 3, 2005\]

\[Document affected by Public Law 6\]

\[**CITE**: **20USC107**\]

TITLE 20\--EDUCATION

CHAPTER 6A\--VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

Sec. 107. Operation of vending facilities

\(a\) 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.

(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.)

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.

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, Sec. 11, as added by Pub. L. 108-136,

div\. A, title VIII, Sec. 852(c), Nov. 24, 2003, 117 Stat. 1556,
provided

that: \`\`This Act \[enacting this chapter\] may be cited as the
\`Randolph-

Sheppard Act\'.\'\'

The act June 20, 1936 is also popularly known as the \`\`Randolph-

Sheppard Vending Stand 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.

From the U.S. Code Online via GPO Access

\[wais.access.gpo.gov\]

\[Laws in effect as of January 3, 2005\]

\[Document not affected by Public Laws enacted between

January 3, 2005 and August 7, 2006\]

\[**CITE**: **20USC107a**\]

TITLE 20\--EDUCATION

CHAPTER 6A\--VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

Sec. 107a. Federal and State responsibilities

\(a\) 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,\\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.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\\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.

\(c\) Selection of location and type of facility

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 \[29 U.S.C. 721(a)(2)(A)\].

(June 20, 1936, ch. 638, Sec. 2, 49 Stat. 1559; 1939 Reorg. Plan No. I,

Secs. 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, Secs. 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.)

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.

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.

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.

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.

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\[**CITE**: **20USC107b**\]

TITLE 20\--EDUCATION

CHAPTER 6A\--VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

Sec. 107b. Application for designation as State licensing

agency; cooperation with Secretary; furnishing initial stock

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.

(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, Secs. 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.)

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.

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.

Transfer of Functions

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

this title.

From the U.S. Code Online via GPO Access

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\[**CITE**: **20USC107b**-**1**\]

TITLE 20\--EDUCATION

CHAPTER 6A\--VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

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

agencies; election and responsibilities of Committee of Blind

Vendors

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,\\**1**\\ and

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\\**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.

(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.)

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.

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.

From the U.S. Code Online via GPO Access

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\[**CITE**: **20USC107b**-**2**\]

TITLE 20\--EDUCATION

CHAPTER 6A\--VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

Sec. 107b-**2**. Omitted

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 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. 210, Nov.

21, 1974, 89 Stat. **2**-15, in exactly the same manner as it was
enacted by

Pub. L. 93-516.

From the U.S. Code Online via GPO Access

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\[**CITE**: **20USC107b**-**3**\]

TITLE 20\--EDUCATION

CHAPTER 6A\--VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

Sec. 107b-**3**. Audit of nonappropriated fund activities

The Comptroller General is authorized to conduct regular and

periodic audits of all nonappropriated fund activities which receive

income from vending machines on Federal property, under such rules and

regulations as he may prescribe. In the conduct of such audits he and

his duly authorized representatives shall have access to any relevant

books, documents, papers, accounts, and records of such activities as he

deems necessary.

(Pub. L. 93-516, title II, Sec. 211, Dec. 7, 1974, 88 Stat. 1630; Pub.

L. 93-651, title II, Sec. 211, Nov. 21, 1974, 89 Stat. 2-15.)

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 211

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. 211, Nov.

21, 1974, 89 Stat. 2-15, in exactly the same manner as it was enacted by

Pub. L. 93-516.

From the U.S. Code Online via GPO Access

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\[**CITE**: **20USC107c**\]

TITLE 20\--EDUCATION

CHAPTER 6A\--VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

Sec. 107c. Repealed. Pub. L. 93-516, title II, Sec. 205, Dec. 7,

1974, 88 Stat. 1626

Section, act June 20, 1936, ch. 638, Sec. 4, 49 Stat. 1560; Reorg.

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

1095; Reorg. Plan No. 1 of 1953, Secs. 5, 8 eff. Apr. 11, 1953, 18 F.R.

2053, 67 Stat. 631, related to provisions authorizing the Secretary to

cooperate with State boards for rehabilitation of handicapped persons,

established by the several States pursuant to sections 31 to 42b of

Title 29, Labor, as amended and supplemented, in carrying out the

provisions of this chapter. See section 701 et seq. of Title 29.

The content of Pub. L. 93-516, including provisions of section 205

thereof which repealed 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 repealed by Pub. L. 93-651, title II, Sec. 205, Nov.

21, 1974, 89 Stat. 2-11, in exactly the same manner as it was repealed

by Pub. L. 93-516.

From the U.S. Code Online via GPO Access

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\[**CITE**: **20USC107d**\]

TITLE 20\--EDUCATION

CHAPTER 6A\--VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

Sec. 107d. Expenditures

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

The Secretary is authorized to make such expenditures out of any

money appropriated therefor (including expenditures for personal

services and rent at the seat of government and elsewhere, books of

reference and periodicals, for printing and binding, and for traveling

expenses) as he may deem necessary to carry out the provisions of this

chapter.

\(b\) Preference to blind persons in employment

The Secretary shall, in employing such additional personnel as may

be necessary, give preference to blind persons who are capable of

discharging the required duties.

(June 20, 1936, ch. 638, Sec. 4, formerly Sec. 5, 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, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R.

2053, 67 Stat. 631; renumbered Sec. 4 and amended Pub. L. 93-516, title

II, Secs. 206, 208(d), Dec. 7, 1974, 88 Stat. 1626, 1629; Pub. L. 93-

651, title II, Secs. 206, 208(d), Nov. 21, 1974, 89 Stat. 2-11, 2-14.)

Codification

The content of Pub. L. 93-516, including provisions of sections 206

and 208(d) thereof which amended and renumbered 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 and renumbered by Pub. L. 93-651, title II,

Secs. 206, 208(d), Nov. 21, 1974, 89 Stat. 2-11, 2-14, in exactly the

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

Amendments

1974\--Subsec. (b). Pub. L. 93-516, Sec. 208(d), struck out

requirement that at least 50 percent of the additional personnel be

blind persons. An identical amendment was made by Pub. L. 93-651. See

Codification note above.

Transfer of Functions

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

this title.

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\[**CITE**: **20USC107d**-**1**\]

TITLE 20\--EDUCATION

CHAPTER 6A\--VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

Sec. 107d-**1**. Grievances of blind licensees

\(a\) Hearing and arbitration

Any blind licensee who is dissatisfied with any action arising from

the operation or administration of the vending facility program may

submit to a State licensing agency a request for a full evidentiary

hearing, which shall be provided by such agency in accordance with

section 107b(6) of this title. If such blind licensee is dissatisfied

with any action taken or decision rendered as a result of such hearing,

he may file a complaint with the Secretary who shall convene a panel to

arbitrate the dispute pursuant to section 107d-2 of this title, and the

decision of such panel shall be final and binding on the parties except

as otherwise provided in this chapter.

\(b\) Noncompliance by Federal departments and agencies; complaints by

State licensing agencies; arbitration

Whenever any State licensing agency determines that any department,

agency, or instrumentality of the United States that has control of the

maintenance, operation, and protection of Federal property is failing to

comply with the provisions of this chapter or any regulations issued

thereunder (including a limitation on the placement or operation of a

vending facility as described in section 107(b) of this title and the

Secretary\'s determination thereon) such licensing agency may file a

complaint with the Secretary who shall convene a panel to arbitrate the

dispute pursuant to section 107d-2 of this title, and the decision of

such panel shall be final and binding on the parties except as otherwise

provided in this chapter.

(June 20, 1936, ch. 638, Sec. 5, 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 5 of act of June 20, 1936, which was classified to

section 107d of this title, was renumbered section 4 by Pub. L. 93-516,

Sec. 206.

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\[**CITE**: **20USC107d**-**2**\]

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.

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\[**CITE**: **20USC107d**-**3**\]

TITLE 20\--EDUCATION

CHAPTER 6A\--VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

Sec. 107d-**3**. Vending machine income

\(a\) Accrual to blind licensee and alternatively to State agency;
ceiling

on amount for individual licensee

In accordance with the provisions of subsection (b) of this section,

vending machine income obtained from the operation of vending machines

on Federal property shall accrue (1) to the blind licensee operating a

vending facility on such property, or (2) in the event there is no blind

licensee operating such facility on such property, to the State agency

in whose State the Federal property is located, for the uses designated

in subsection (c) of this section, except that with respect to income

which accrues under clause (1) of this subsection, the Commissioner may

prescribe regulations imposing a ceiling on income from such vending

machines for an individual blind licensee. In the event such a ceiling

is imposed, no blind licensee shall receive less vending machine income

under such ceiling than he was receiving on January 1, 1974. No

limitation shall be imposed on income from vending machines, combined to

create a vending facility, which are maintained, serviced, or operated

by a blind licensee. Any amounts received by a blind licensee that are

in excess of the amount permitted to accrue to him under any ceiling

imposed by the Commissioner shall be disbursed to the appropriate State

agency under clause (2) of this subsection and shall be used by such

agency in accordance with subsection (c) of this section.

\(b\) Direct competition between vending machine and vending facility;

proportion of accrued income from such vending machines for

individual licensee

\(1\) After January 1, 1975, 100 per centum of all vending machine

income from vending machines on Federal property which are in direct

competition with a blind vending facility shall accrue as specified in

subsection (a) of this section. \`\`Direct competition\'\' as used in
this

section means the existence of any vending machines or facilities

operated on the same premises as a blind vending facility except that

vending machines or facilities operated in areas serving employees the

majority of whom normally do not have direct access to the blind vending

facility shall not be considered in direct competition with the blind

vending facility. After January 1, 1975, 50 per centum of all vending

machine income from vending machines on Federal property which are not

in direct competition with a blind vending facility shall accrue as

specified in subsection (a) of this section, except that with respect to

Federal property at which at least 50 per centum of the total hours

worked on the premises occurs during periods other than normal working

hours, 30 per centum of such income shall so accrue.

\(2\) The head of each department, agency, and instrumentality of the

United States shall insure compliance with this section with respect to

buildings, installations, and facilities under his control, and shall be

responsible for collection of, and accounting for, such vending machine

income.

\(c\) Disposal of accrued vending machine income by State licensing
agency

All vending machine income which accrues to a State licensing agency

pursuant to subsection (a) of this section shall be used to establish

retirement or pension plans, for health insurance contributions, and for

provision of paid sick leave and vacation time for blind licensees in

such State, subject to a vote of blind licensees as provided under

section 107b(**3**)(E) of this title. Any vending machine income
remaining

after application of the first sentence of this subsection shall be used

for the purposes specified in sections 107b(**3**)(A), (B), (C), and (D)
of

this title, and any assessment charged to blind licensees by a State

licensing agency shall be reduced pro rata in an amount equal to the

total of such remaining vending machine income.

\(d\) Income from vending machines in certain locations excepted

Subsections (a) and (b)(1) of this section shall not apply to income

from vending machines within retail sales outlets under the control of

exchange or ships\' stores systems authorized by title 10, or to income

from vending machines operated by the Veterans Canteen Service, or to

income from vending machines not in direct competition with a blind

vending facility at individual locations, installations, or facilities

on Federal property the total of which at such individual locations,

installations, or facilities does not exceed \$**3**,000 annually.

\(e\) Regulations establishing priority for operation of cafeterias

The Secretary, through the Commissioner, shall prescribe regulations

to establish a priority for the operation of cafeterias on Federal

property by blind licensees when he determines, on an individual basis

and after consultation with the head of the appropriate installation,

that such operation can be provided at a reasonable cost with food of a

high quality comparable to that currently provided to employees, whether

by contract or otherwise.

\(f\) Existing arrangements more favorable to blind licensees unaffected

This section shall not operate to preclude preexisting or future

arrangements, or regulations of departments, agencies, or

instrumentalities of the United States, under which blind licensees (1)

receive a greater percentage or amount of vending machine income than

that specified in subsection (b)(1) of this section, or (2) receive

vending machine income from individual locations, installations, or

facilities on Federal property the total of which at such individual

locations, installations, or facilities does not exceed \$**3**,000
annually.

\(g\) Regulations for compliance

The Secretary shall take such action and promulgate such regulations

as he deems necessary to assure compliance with this section.

(June 20, 1936, ch. 638, Sec. 7, as added Pub. L. 93-516, title II,

Sec. 206, Dec. 7, 1974, 88 Stat. 1627; Pub. L. 93-651, title II,

Sec. 206, Nov. 21, 1974, 89 Stat. 2-12.)

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. 2-12, in exactly the same manner as it was enacted by

Pub. L. 93-516.

Prior Provisions

A prior section 7 of act June 20, 1936, was classified to section

107e-1 of this title, prior to repeal by Pub. L. 93-516, Sec. 205.

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\[**CITE**: **20USC107d**-**4**\]

TITLE 20\--EDUCATION

CHAPTER 6A\--VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

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

for blind

The Commissioner shall insure, through promulgation of appropriate

regulations, that uniform and effective training programs, including on-

the-job training, are provided for blind individuals, through services

under the Rehabilitation Act of 1973 \[29 U.S.C. 701 et seq.\]. He shall

further insure that State agencies provide programs for upward mobility

(including further education and additional training or retraining for

improved work opportunities) for all trainees under this chapter, and

that follow-along services are provided to such trainees to assure that

their maximum vocational potential is achieved.

(June 20, 1936, ch. 638, Sec. 8, as added Pub. L. 93-516, title II,

Sec. 206, Dec. 7, 1974, 88 Stat. 1628; Pub. L. 93-651, title II,

Sec. 206, Nov. 21, 1974, 89 Stat. 2-13.)

References in Text

The Rehabilitation Act of 1973, referred to in text, 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.

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. 2-13, in exactly the same manner as it was enacted by

Pub. L. 93-516.

Prior Provisions

A prior section 8 of act June 20, 1936, which was classified to

section 107f of this title, was renumbered section 10 by Pub. L. 93-516,

Sec. 206.

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\[**CITE**: **20USC107e**\]

TITLE 20\--EDUCATION

CHAPTER 6A\--VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

Sec. 107e. Definitions

As used in this chapter\--

\(1\) \`\`blind person\'\' means a person whose central visual acuity

does not exceed 20/200 in the better eye with correcting lenses or

whose visual acuity, if better than 20/200, is accompanied by a

limit to the field of vision in the better eye to such a degree that

its widest diameter subtends an angle of no greater than twenty

degrees. In determining whether an individual is blind, there shall

be an examination by a physician skilled in diseases of the eye, or

by an optometrist, whichever the individual shall select;

\(2\) \`\`Commissioner\'\' means the Commissioner of the

Rehabilitation Services Administration;

\(3\) \`\`Federal property\'\' means any building, land, or other real

property owned, leased, or occupied by any department, agency, or

instrumentality of the United States (including the Department of

Defense and the United States Postal Service), or any other

instrumentality wholly owned by the United States, or by any

department or agency of the District of Columbia or any territory or

possession of the United States;

\(4\) \`\`Secretary\'\' means the Secretary of Education;

\(5\) \`\`State\'\' means a State, territory, possession, Puerto Rico,

or the District of Columbia;

\(6\) \`\`United States\'\' includes the several States, territories,

and possessions of the United States, Puerto Rico, and the District

of Columbia;

\(7\) \`\`vending facility\'\' means automatic vending machines,

cafeterias, snack bars, cart services, shelters, counters, and such

other appropriate auxiliary equipment as the Secretary may by

regulation prescribe as being necessary for the sale of the articles

or services described in section 107a(a)(5) of this title and which

may be operated by blind licensees; and

\(8\) \`\`vending machine income\'\' means receipts (other than those

of a blind licensee) from vending machine operations on Federal

property, after cost of goods sold (including reasonable service and

maintenance costs), where the machines are operated, serviced, or

maintained by, or with the approval of, a department, agency, or

instrumentality of the United States, or commissions paid (other

than to a blind licensee) by a commercial vending concern which

operates, services, and maintains vending machines on Federal

property for, or with the approval of, a department, agency, or

instrumentality of the United States.

(June 20, 1936, ch. 638, Sec. 9, formerly Sec. 6, 49 Stat. 1560; Aug. 3,

1954, ch. 655, Sec. 4(f), 68 Stat. 664; renumbered Sec. 9 and amended

Pub. L. 93-516, title II, Secs. 206, 207, Dec. 7, 1974, 88 Stat. 1626,

1628; Pub. L. 93-651, title II, Secs. 206, 207, Nov. 21, 1974, 89 Stat.

2-11, 2-13; Pub. L. 96-88, title III, Sec. 301(a)(4)(B), title V,

Sec. 507, Oct. 17, 1979, 93 Stat. 678, 692.)

Codification

The content of Pub. L. 93-516, including provisions of sections 206

and 207 thereof which amended and renumbered 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 and renumbered by Pub. L. 93-651, title II,

Secs. 206, 207, Nov. 21, 1974, 89 Stat. 2-11, 2-13, in exactly the same

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

Amendments

1974\--Pub. L. 93-516, Sec. 207, replaced letter designations with

number designations, inserted definitions of \`\`Commissioner\'\',
\`\`vending

facility\'\', and \`\`vending machine income\'\', and in definition of
\`\`blind

person\'\' substituted provisions that such person meant a person whose

central visual acuity does not exceed 20/200 in the better eye with

correcting lenses or whose visual acuity, if better than 20/200, is

accompanied by a limit to the field of vision in the better eye to such

a degree that its widest diameter subtends an angle of no greater than

twenty degrees, and that in determining whether a person is blind, there

shall be an examination by a physician skilled in diseases of the eye,

or by an optometrist, whichever the individual shall select, for

provisions that such person meant a person having not more than 10 per

centum visual acuity in the better eye with correction and that such

blindness shall be certified by a duly licensed ophthalmologist, in

definition of \`\`United States\'\' inserted reference to Puerto Rico,
in

definition of \`\`State\'\' inserted reference to Puerto Rico, and in

definition of \`\`Federal property\'\' inserted reference to Department
of

Defense and United States Postal Service. An identical amendment was

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

1954\--Subsecs. (d), (e). Act Aug. 3, 1954, added subsecs. (d) and

(e).

Effective Date of 1954 Amendment

Amendment by act Aug. 3, 1954, effective July 1, 1954, see section 8

of act Aug. 3, 1954.

Transfer of Functions

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

Education, and Welfare\'\' in par. (4) 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 all 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.

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\[**CITE**: **20USC107e**-**1**\]

TITLE 20\--EDUCATION

CHAPTER 6A\--VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

Sec. 107e-**1**. Repealed. Pub. L. 93-516, title II, Sec. 205, Dec.

7, 1974, 88 Stat. 1626

Section, act June 20, 1936, ch. 638, Sec. 7, as added Aug. 3, 1954,

ch. 655, Sec. 4(g), 68 Stat. 664, related to designation and status of

states acting as licensing agents before July **1**, 1954.

The content of Pub. L. 93-516, including provisions of section 205

thereof which repealed 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 repealed by Pub. L. 93-651, title II, Sec. 205, Nov.

21, 1974, 89 Stat. 2-11, in exactly the same manner as it was repealed

by Pub. L. 93-516.

From the U.S. Code Online via GPO Access

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January 3, 2005 and August 7, 2006\]

\[**CITE**: **20USC107f**\]

TITLE 20\--EDUCATION

CHAPTER 6A\--VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

Sec. 107f. Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary

for carrying out the provisions of this chapter.

(June 20, 1936, ch. 638, Sec. 10, formerly Sec. 7, 49 Stat. 1560;

renumbered Sec. 8, Aug. 3, 1954, ch. 655, Sec. 4(g), 68 Stat. 664;

renumbered Sec. 10, 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 renumbered 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 renumbered by Pub. L. 93-651, title II, Sec. 206,

Nov. 21, 1974, 89 Stat. 2-11, in exactly the same manner as it was

amended by Pub. L. 93-516, title II, Sec. 206, Nov. 21, 1974, 88 Stat.

1626\.