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20 U.S.C. § 107eDefinitions

submitted 90 years ago by ch. 638 to r/title-20-EDUCATION · 360 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines the key terms used throughout the Randolph-Sheppard blind vendor program. It defines "blind person," "Federal property," "vending facility," and other program terms. These definitions decide who qualifies and what counts as covered property or income.

As used in this chapter: (1) "Blind person" means someone whose central vision, even with corrective lenses, is no better than 20/200 in their better eye — or whose vision is better than 20/200 but whose field of vision in the better eye is so narrow that it spans no more than 20 degrees at its widest. To decide if someone is blind, an eye specialist doctor or an optometrist — whichever the person picks — must examine them. (2) "Commissioner" means the Commissioner of the Rehabilitation Services Administration. (3) "Federal property" means any building, land, or other real property that a federal department, agency, or instrumentality owns, leases, or occupies — including the Department of Defense and the U.S. Postal Service — or that any other wholly federally owned instrumentality, or any District of Columbia or U.S. territory agency, owns, leases, or occupies. (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 all the states, territories, possessions, Puerto Rico, and the District of Columbia. (7) "Vending facility" means automatic vending machines, cafeterias, snack bars, cart services, shelters, counters, and other equipment the Secretary decides by regulation is needed to sell the items or services listed in section 107a(a)(5) — and that can be run by blind licensees. (8) "Vending machine income" means the money (other than a blind licensee's own earnings) that comes from vending machines on federal property, after subtracting the cost of goods sold (including reasonable service and maintenance costs) — where a federal department, agency, or instrumentality operates, services, or maintains the machines, or approves someone else doing so. It also includes commissions (other than to a blind licensee) that a federal agency pays to a commercial vending company that operates, services, and maintains vending machines on federal property for it, or with its approval.
the actual law source: uscode.house.gov ↗public domain

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 and which may be operated by blind licensees; and

(8)

“vending machine income” means receipts (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 department, 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 property for, or with the approval of, a department, agency, or instrumentality of the United States.

Source credit: (June 20, 1936, ch. 638, § 9, formerly § 6, 49 Stat. 1560; Aug. 3, 1954, ch. 655, § 4(f), 68 Stat. 664; renumbered § 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.)

history & why it existsrecord from the source credit
  • 1936Enacted · Act of June 20, 1936, ch. 638 · 49 Stat. 1560
  • 1954Amended · Act of Aug. 3, 1954, ch. 655 · 68 Stat. 664
  • 1974Amended · Pub. L. 93-516 · 88 Stat. 1626, 1628
  • 1974Amended · Pub. L. 93-651 · 89 Stat. 2
  • 1979Amended · Pub. L. 96-88 · 93 Stat. 678, 692

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

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