§ 107. — Operation of vending facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[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, 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.
Section Referred to in Other Sections
This section is referred to in sections 107a, 107d-1 of this title;
title 39 section 410.
