20 U.S.C. § 107b — Application for designation as State li-

Page 80 TITLE 20—EDUCATION § 107b Office of Education originally established in Depart- ment of the Interior from which it was transferred to Federal Security Agency by Reorg. Plan No. I of 1939, § 201, which is set out in the Appendix to Title 5. FEDERAL SUPPORT FOR THE RANDOLPH-SHEPPARD VENDING FACILITY PROGRAM Memorandum of President of the United States, Jan. 20, 2012, 77 F.R. 3917, provided: Memorandum for the Heads of Executive Depart- ments and Agencies Thousands of Americans who are blind have embraced the entrepreneurial spirit that helps define our Nation as a land of opportunity. Through the Federal Ran- dolph-Sheppard Vending Facility Program adminis- tered by the Department of Education, talented and creative individuals who are blind have acquired the management training and business skills necessary to realize the American dream—a lifetime of economic op- portunity, independence, and self-sufficiency for them- selves and their families. For 75 years, blind business managers have success- fully operated food services and commercial ventures at Federal, State, and private buildings and locations nationwide. We honor and celebrate this program’s his- toric achievements. We also trust that the Randolph- Sheppard Program will continue to be a leading model for providing high-quality entrepreneurial opportuni- ties for blind individuals. From a simple snack shop, to tourist services at the Hoover Dam, to full food-serv- ices operations at military installations, blind entre- preneurs have provided exceptional customer service to Federal and State employees, the Armed Forces, and the general public. With proven ability, they have chal- lenged preconceived notions about disability. The Randolph-Sheppard Act (20 U.S.C. 107 et seq.) cre- ated the Vending Facility Program requiring qualified blind individuals be given a priority to operate vending facilities on Federal properties. This program is re- sponsible today for providing entrepreneurial opportu- nities for over 2,500 individuals who are blind. In turn, these business managers have hired thousands of work- ers, many of whom are individuals with disabilities. Every American, including persons with disabilities, deserves the opportunity to succeed without limits, earn equal pay for equal jobs, and aspire to full-time, career-oriented employment. Continued support and cooperation are needed from executive departments, agencies, and offices (agencies) to extend the Randolph-Sheppard priority to qualified blind managers through the State licensing agencies that implement the program. Therefore, I direct all agencies that have property management responsibil- ities to ensure that agency officials, when pursuing the establishment and operation of vending facilities (in- cluding cafeterias and military dining facilities) as de- fined in 20 U.S.C. 107e, issue permits and contracts in compliance with the Randolph-Sheppard Program and consistent with existing regulations and law. I further direct the Secretary of Education, through the Com- missioner of the Rehabilitation Services Administra- tion, to submit a report to the President on agencies’ implementation of the Randolph-Sheppard Program not later than 1 year from the date of this memo- randum. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or enti- ties, its officers, employees, or agents, or any other person. The Secretary of Education is hereby authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 107b. Application for designation as State li- censing 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 ex- ecutive of the State, make application to the Secretary and agree— (1) to cooperate with the Secretary in car- rying 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, how- ever, 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 li- censee or transfers to another vending facil- ity, 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 es- tate) the fair value of his interest therein as later determined in accordance with regula- tions 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 pur- chase of new equipment; (C) management serv- ices; (D) assuring a fair minimum return to operators of vending facilities; and (E) retire- ment or pension funds, health insurance con- tributions, and provision for paid sick leave and vacation time, if it is determined by a ma- jority vote of blind licensees licensed by such State agency, after such agency provides to each such licensee full information on all mat- ters 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 nec- essary for the operation of this program; (6) to provide to any blind licensee dissatis- fied with any action arising from the oper- ation or administration of the vending facility program an opportunity for a fair hearing, and to agree to submit the grievances of any blind Page 81 TITLE 20—EDUCATION § 107b–1 1 See References in Text note below. 2 So in original. The comma probably should be a semicolon. licensee not otherwise resolved by such hear- ing to arbitration as provided in section 107d–1 of this title. (June 20, 1936, ch. 638, § 3, 49 Stat. 1560; 1946 Reorg. Plan No. 2, § 6, eff. July 16, 1946, 11 F.R 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 3, 1954, ch. 655, § 4(e), 68 Stat. 664; Pub. L. 93–516, title II, § 204, Dec. 7, 1974, 88 Stat. 1625; Pub. L. 93–651, title II, § 204, Nov. 21, 1974, 89 Stat. 2–10.) Editorial Notes 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, Sec- ond 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 sec- tion should be deemed to have been amended by Pub. L. 93–651, title II, § 204, Nov. 21, 1974, 89 Stat. 2–10, in ex- actly the same manner as it was amended by Pub. L. 93–516. AMENDMENTS 1974—Pub. L. 93–516, § 204(a)(1), substituted ‘‘A State agency’’ for ‘‘A State commission’’ in provisions pre- ceding par. (1). An identical amendment was made by Pub. L. 93–651. See Codification note above. Par. (2). Pub. L. 93–516, § 204(a)(2), substituted ‘‘vend- ing 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, § 204(a)(2), (b), (c), in provi- sions preceding subpar. (A), substituted ‘‘the net pro- ceeds 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 fol- lowing 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, § 204(a)(3), substituted ‘‘vend- ing facility program an opportunity for a fair hearing, and to agree to submit the grievances of any blind li- censee not otherwise resolved by such hearing to arbi- tration as provided in section 107d–1 of this title’’ for ‘‘vending stand program an opportunity for a fair hear- ing’’. 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). 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 For transfer of functions, see note set out under sec- tion 107a of this title. § 107b–1. Access to information with State licens- ing agencies; election and responsibilities of Committee of Blind Vendors In addition to other requirements imposed in this title 1 and in the Randolph-Sheppard Act [20 U.S.C. 107 et seq.] upon State licensing agencies, such agencies shall— (1) provide to each blind licensee access to all relevant financial data, including quarterly and annual financial reports, on the operation of the State vending facility program; (2) conduct the biennial election of a Com- mittee of Blind Vendors who shall be fully rep- resentative of all blind licensees in the State program,2 and (3) insure that such committee’s responsibil- ities include (A) participation, with the State agency, in major administrative decisions and policy and program development, (B) receiving grievances of blind licensees and serving as ad- vocates for such licensees, (C) participation, with the State agency, in the development and administration of a transfer and promotion system for blind licensees, (D) participation, with the State agency, in developing training and retraining programs, and (E) sponsorship, with the assistance of the State agency, of meetings and instructional conferences for blind licensees. (Pub. L. 93–516, title II, § 209, Dec. 7, 1974, 88 Stat. 1630; Pub. L. 93–651, title II, § 209, Nov. 21, 1974, 89 Stat. 2–15.) Editorial Notes REFERENCES IN TEXT This title, referred to in text, is title II of Pub. L. 93–516, Dec. 7, 1974, 88 Stat. 1617, known as the ‘‘Ran- dolph-Sheppard Act Amendments of 1974’’. For com- plete classification of such title to the Code, see Short Title of 1974 Amendment note set out under section 107 of this title and Tables. The Randolph-Sheppard Act, referred to in text, is act June 20, 1936, ch. 638, 49 Stat. 1559, also popularly known as the Randolph-Sheppard Vending Stand Act, which is classified generally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 107 of this title and Ta- bles. CODIFICATION Section was enacted as part of the Randolph- Sheppard Act Amendments of 1974, and not as part of the Randolph-Sheppard Act which comprises this chap- ter. The content of Pub. L. 93–516, including provisions of section 209 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, § 209, Nov. 21, 1974, 89 Stat. 2–15, in ex- actly the same manner as it was enacted by Pub. L. 93–516.