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20 U.S.C. § 107a — Federal and State responsibilities
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section107b/3&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section107b&num=0&edition=prelim) the State agency for the blind in each State, or, in any State in which there is no such agency, some other
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Source location: Title 20, Chapter 6A, § 107a; chapter-6a-vending-facilities-for-blind-in-federal-buildings.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section107b/3&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section107b&num=0&edition=prelim) 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,11 So in original. Probably should be “Commissioner,”. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section107d-4&num=0&edition=prelim), 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.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section107e&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section107&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721/a/2/A&num=0&edition=prelim)].
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section107a/a/5&num=0&edition=prelim) and which may be operated by blin
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 107e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Approval of State plans**
(1) **In general** — The Administrator shall approve any State plan submitted under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim) that the Administrator determines meets the requirements of [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim), and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Administrator shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing.
(2) **Procedures**
(A) *In general* — Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of [section 727 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section727&num=0&edition=prelim) shall apply to any State plan submitted to the Administrator under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim).
(B) *Application* — For purposes of the application described in subparagraph (A), all references in such provisions—
(i) to the Secretary or the Commissioner shall be deemed to be references to the Administrator;
(ii) to the State agency shall be deemed to be references to the designated State entity; and
(iii) to [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim) shall be deemed to be references to [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section107d-3&num=0&edition=prelim) 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 pu
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 107
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assistance to State public employment service offices** The Secretary shall assist in coordinating the State public employment service offices throughout the country and in increasing their usefulness by developing and prescribing minimum standards of efficiency, assisting them in meeting problems peculiar to their localities, promoting uniformity in their administrative and statistical procedure, furnishing and publishing information as to opportunities for employment and other information of value in the operation of the system, and maintaining a system for clearing labor between the States.
**(b) Provision of unemployment compensation information** It shall be the duty of the Secretary to assure that unemployment insurance and employment service offices in each State, as appropriate, upon request of a public agency administering or supervising the administration of a State program funded under part A of title IV of the Social Security Act [[42 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) et seq.], of a public agency charged with any duty or responsibility under any program or activity authorized or required under part D of title IV of such Act [[42 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section651&num=0&edition=prelim) et seq.], or of a State agency charged with the administration of the supplemental nutrition assistance program in a State under the Food and Nutrition Act of 2008 ([7 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2011&num=0&edition=prelim) et seq.), shall (and, notwithstanding any other provision of law, is authorized to) furnish to such agency making the request, from any data contained in the
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 49b
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 107b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; Director as principal officer**
(1) There is established within the Administration for Community Living of the Department of Health and Human Services a National Institute on Disability, Independent Living, and Rehabilitation Research (referred to in this subchapter as the “Institute”), which shall be headed by a Director (hereinafter in this subchapter referred to as the “Director”), in order to—
(A) promote, coordinate, and provide for—
(i) research;
(ii) demonstration projects, training, and technical assistance;
(iii) outreach and information that clarifies research implications for policy and practice; and
(iv) related activities,
with respect to individuals with disabilities;
(B) more effectively carry out activities through the programs under [section 764 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section764&num=0&edition=prelim) and activities under this section;
(C) widely disseminate information from the activities described in subparagraphs (A) and (B); and
(D) provide leadership in advancing the quality of life of individuals with disabilities.
(2) In the performance of the functions of the office, the Director shall be directly responsible to the Administrator for the Administration for Community Living of the Department of Health and Human Services.
**(b) Duties of Director** The Director, through the Institute, shall be responsible for—
(1) administering the programs described in [section 764 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section764&num=0&edition=prelim) and activities under this section;
(2) widely disseminating findings, conclusions, and recommendations, resulting from research, demonstration projec
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 107d
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Federal law — U.S. Code and appendices · legal_authorities
Page 77
TITLE 20—EDUCATION
§ 107a
1 So in original. Probably should be ‘‘Commissioner,’’.
of vending machine income to achieve and protect such
preference for such blind persons without unduly incon-
veniencing 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.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1954 AMENDMENT
Amendment by act Aug. 3, 1954, effective July 1, 1954,
see section 8 of act Aug. 3, 1954, set out as a note under
section 49b of Title 29, Labor.
SHORT TITLE OF 1974 AMENDMENT
Pub. L. 93–516, title II, § 200, Dec. 7, 1974, 88 Stat. 1622,
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
Act Aug. 3, 1954, ch. 655, § 1, 68 Stat. 652, 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
Rehabilitat
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 107a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 191
TITLE 29—LABOR
§ 701
Sec.
SUBCHAPTER II—RESEARCH AND TRAINING
760.
Declaration of purpose.
761.
Authorization of appropriations.
762.
National Institute on Disability, Independent
Living, and Rehabilitation Research.
762a.
Research and demonstration projects.
763.
Interagency Committee.
764.
Research and other covered activities.
765.
Disability, Independent Living, and Rehabili-
tation Research Advisory Council.
766.
Definition of covered school.
SUBCHAPTER III—PROFESSIONAL DEVELOPMENT
AND SPECIAL PROJECTS AND DEMONSTRATIONS
771.
Declaration of purpose and competitive basis
of grants and contracts.
772.
Training.
773.
Demonstration and training programs.
774, 775.
Repealed.
776.
Measuring of project outcomes and perform-
ance.
SUBCHAPTER IV—NATIONAL COUNCIL ON
DISABILITY
780.
Establishment of National Council on Dis-
ability.
780a.
Independent status of National Council on the
Handicapped.
781.
Duties of National Council.
782.
Compensation of National Council members.
783.
Staff of National Council.
784.
Administrative powers of National Council.
785.
Authorization of appropriations.
SUBCHAPTER V—RIGHTS AND ADVOCACY
790.
Repealed.
791.
Employment of individuals with disabilities.
792.
Architectural and Transportation Barriers
Compliance Board.
793.
Employment under Federal contracts.
794.
Nondiscrimination under Federal grants and
programs.
794a.
Remedies and attorney fees.
794b.
Removal of architectural, transportation, or
communication barriers; technical and fi-
nancial assistance; compensation of experts
or consultants; authorization of appropria-
tions.
794c.
Interagency Disability Coordinating Council.
794d.
Electronic and information technology.
794d–1.
Reports on accessibility of
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 701
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is established in the Office of the Secretary in the Department of Education a Rehabilitation Services Administration which shall be headed by a Commissioner (hereinafter in this chapter referred to as the “Commissioner”) appointed by the President by and with the advice and consent of the Senate. Such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out subchapters I, III, VI, and part B of subchapter VII. The Commissioner shall be an individual with substantial experience in rehabilitation and in rehabilitation program management. In the performance of the functions of the office, the Commissioner shall be directly responsible to the Secretary of Education or to the Under Secretary or an appropriate Assistant Secretary of such Department, as designated by the Secretary. The functions of the Commissioner shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Commissioner. Any reference in this chapter to duties to be carried out by the Commissioner shall be considered to be a reference to duties to be carried out by the Secretary of Education acting through the Commissioner. In carrying out any of the functions of the office under this chapter, the Commissioner shall be guided by general policies of the National Council on Disability established under subchapter IV of this chapter.
**(b)** The Secretary of Education shall take whatever action is necessary to ensure that funds appropriated pursuant to this chapter are expended only for the programs, personnel, and administration of programs carried out under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 721
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