§ 107d-3. — Vending machine income.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[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.
Section Referred to in Other Sections
This section is referred to in section 107 of this title.