§ 107b. — Application for designation as State licensing agency; cooperation with Secretary; furnishing initial stock.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[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.
Section Referred to in Other Sections
This section is referred to in sections 107a, 107d-1, 107d-3 of this
title.
