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20 U.S.C. § 107Operation of vending facilities

submitted 90 years ago by ch. 638 to r/title-20-EDUCATION · 284 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets blind people who are licensed operate vending facilities on federal property. Licensed blind operators get priority, and the Secretary of Education sets rules to protect that priority. Any limit on where a facility can go must be justified in writing and published in the Federal Register.

(a) Authorization. The goal of this section is to give blind people real jobs, more economic opportunity, and a reason to work toward supporting themselves. To do that, blind people who are licensed under this chapter are allowed to run vending facilities on any federal property. (b) Preferences; regulations; justification for limits. When the government decides who can run a vending facility on federal property, it must give priority to blind people licensed by a state agency under this chapter. The Secretary, acting through the Commissioner, must talk with the head of the General Services Administration and other federal agencies that control federal property, and then write rules that make sure: (1) licensed blind people actually get that priority — including by assigning them vending-machine income under section 107d–3 to protect the priority, and (2) wherever it's practical, at least one vending facility is set up on every piece of federal property, as long as doing so wouldn't hurt the government's interests. If federal officials want to limit where or how a vending facility operates because it would hurt the government's interests, they must fully justify that limit in writing to the Secretary. The Secretary decides whether the justification is good enough, and that decision binds every federal department, agency, or instrumentality affected by it. The Secretary must publish the determination, along with the supporting documents, in the Federal Register.
the actual law source: uscode.house.gov ↗public domain
(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 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 pursuant to this provision shall be binding on any department, agency, or instrumentality of the United States affected by such determination. The Secretary shall publish such determination, along with supporting documentation, in the Federal Register.

Source credit: (June 20, 1936, ch. 638, § 1, 49 Stat. 1559; Aug. 3, 1954, ch. 655, § 4(a), 68 Stat. 663; Pub. L. 93–516, title II, § 202, Dec. 7, 1974, 88 Stat. 1623; Pub. L. 93–651, title II, § 202, Nov. 21, 1974, 89 Stat. 2–8.)

history & why it existsrecord from the source credit
  • 1936Enacted · Act of June 20, 1936, ch. 638 · 49 Stat. 1559
  • 1954Amended · Act of Aug. 3, 1954, ch. 655 · 68 Stat. 663
  • 1974Amended · Pub. L. 93-516 · 88 Stat. 1623
  • 1974Amended · Pub. L. 93-651 · 89 Stat. 2

A history note hasn’t been published yet. The record shows enactment by ch. 638 on 1936-06-20.

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