20 U.S.C. § 107e — Definitions

Page 85 TITLE 20—EDUCATION § 107e to that currently provided to employees, wheth- er by contract or otherwise. (f) Existing arrangements more favorable to blind licensees unaffected This section shall not operate to preclude pre- existing or future arrangements, or regulations of departments, agencies, or instrumentalities of the United States, under which blind licens- ees (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 loca- tions, installations, or facilities on Federal property the total of which at such individual locations, installations, or facilities does not ex- ceed $3,000 annually. (g) Regulations for compliance The Secretary shall take such action and pro- mulgate such regulations as he deems necessary to assure compliance with this section. (June 20, 1936, ch. 638, § 7, as added Pub. L. 93–516, title II, § 206, Dec. 7, 1974, 88 Stat. 1627; Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–12.) Editorial Notes 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, Sec- ond 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 sec- tion should be deemed to have been enacted by Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–12, in ex- actly 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, § 205. § 107d–4. Training programs for maximum voca- tional potential for blind The Commissioner shall insure, through pro- mulgation of appropriate regulations, that uni- form and effective training programs, including on-the-job training, are provided for blind indi- viduals, through services under the Rehabilita- tion Act of 1973 [29 U.S.C. 701 et seq.]. He shall further insure that State agencies provide pro- grams 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 serv- ices are provided to such trainees to assure that their maximum vocational potential is achieved. (June 20, 1936, ch. 638, § 8, as added Pub. L. 93–516, title II, § 206, Dec. 7, 1974, 88 Stat. 1628; Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–13.) Editorial Notes REFERENCES IN TEXT The Rehabilitation Act of 1973, referred to in text, is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is clas- sified generally to chapter 16 (§ 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, Sec- ond 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 sec- tion should be deemed to have been enacted by Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–13, in ex- actly 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 clas- sified to section 107f of this title, was renumbered sec- tion 10 by Pub. L. 93–516, § 206. § 107e. Definitions As used in this chapter— (1) ‘‘blind person’’ means a person whose cen- tral visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose vis- ual acuity, if better than 20/200, is accom- panied by a limit to the field of vision in the better eye to such a degree that its widest di- ameter subtends an angle of no greater than twenty degrees. In determining whether an in- dividual is blind, there shall be an examina- tion by a physician skilled in diseases of the eye, or by an optometrist, whichever the indi- vidual shall select; (2) ‘‘Commissioner’’ means the Commis- sioner of the Rehabilitation Services Adminis- tration; (3) ‘‘Federal property’’ means any building, land, or other real property owned, leased, or occupied by any department, agency, or in- strumentality of the United States (including the Department of Defense and the United States Postal Service), or any other instru- mentality 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 Edu- cation; (5) ‘‘State’’ means a State, territory, posses- sion, 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 ap- propriate auxiliary equipment as the Sec- retary may by regulation prescribe as being necessary for the sale of the articles or serv- Page 86 TITLE 20—EDUCATION § 107e–1 ices described in section 107a(a)(5) of this title and which may be operated by blind licensees; and (8) ‘‘vending machine income’’ means re- ceipts (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 de- partment, 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 prop- erty for, or with the approval of, a depart- ment, agency, or instrumentality of the United States. (June 20, 1936, ch. 638, § 9, formerly § 6, 49 Stat. 1560; Aug. 3, 1954, ch. 655, § 4(f), 68 Stat. 664; re- numbered § 9 and amended Pub. L. 93–516, title II, §§ 206, 207, Dec. 7, 1974, 88 Stat. 1626, 1628; Pub. L. 93–651, title II, §§ 206, 207, Nov. 21, 1974, 89 Stat. 2–11, 2–13; Pub. L. 96–88, title III, § 301(a)(4)(B), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692.) Editorial Notes CODIFICATION The content of Pub. L. 93–516, including provisions of sections 206 and 207 thereof which amended and renum- bered 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 No- vember, 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 sec- tion should be deemed to have been amended and re- numbered by Pub. L. 93–651, title II, §§ 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, § 207, replaced letter designations with number designations, inserted definitions of ‘‘Commissioner’’, ‘‘vending facility’’, and ‘‘vending ma- chine income’’, and in definition of ‘‘blind person’’ sub- stituted 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 great- er than twenty degrees, and that in determining wheth- er a person is blind, there shall be an examination by a physician skilled in diseases of the eye, or by an op- tometrist, 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 cer- tified 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). 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. 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, includ- ing Rehabilitation Services Administration and Com- missioner 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. § 107e–1. Repealed. Pub. L. 93–516, title II, § 205, Dec. 7, 1974, 88 Stat. 1626 Section, act June 20, 1936, ch. 638, § 7, as added Aug. 3, 1954, ch. 655, § 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, Sec- ond 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 sec- tion should be deemed to have been repealed by Pub. L. 93–651, title II, § 205, Nov. 21, 1974, 89 Stat. 2–11, in ex- actly the same manner as it was repealed by Pub. L. 93–516. § 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, § 10, formerly § 7, 49 Stat. 1560; renumbered § 8, Aug. 3, 1954, ch. 655, § 4(g), 68 Stat. 664; renumbered § 10, Pub. L. 93–516, title II, § 206, Dec. 7, 1974, 88 Stat. 1626; Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–11.) Editorial Notes 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, Sec- ond 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 sec- tion should be deemed to have been renumbered by Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–11, in exactly the same manner as it was amended by Pub. L. 93–516, title II, § 206, Nov. 21, 1974, 88 Stat. 1626.