U.S. Code » Title 20 » Chapter CHAPTER 6A— VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

20 U.S.C. § 107b

Application for designation as State licensing agency; cooperation with Secretary; furnishing initial stock

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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 funds, health insurance contributions, and provision for paid sick leave and vacation time, if it is determined by a majority vote of blind licensees licensed by such State agency, after such agency provides to each such licensee full information on all matters 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 necessary for the operation of this program;(6) to provide to any blind licensee dissatisfied with any action arising from the operation or administration of the vending facility program an opportunity for a fair hearing, and to agree to submit the grievances of any blind licensee not otherwise resolved by such hearing 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 NotesCodification

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, Second 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 section should be deemed to have been amended by Pub. L. 93–651, title II, § 204, Nov. 21, 1974, 89 Stat. 2–10, in exactly 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 preceding 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 “vending 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 provisions preceding subpar. (A), substituted “the net proceeds 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 following 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 “vending facility program an opportunity for a fair hearing, and to agree to submit the grievances of any blind licensee not otherwise resolved by such hearing to arbitration as provided in section 107d–1 of this title” for “vending stand program an opportunity for a fair hearing”. 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 SubsidiariesEffective 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 section 107a of this title.

Notes of Decisions
Cited in 32 cases (5 in the last 5 years), 1981–2026 · leading case: Tamashiro v. Dep't of Human Servs., 146 P.3d 103 (Haw. 2006).
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Tamashiro v. Dep't of Human Servs., 146 P.3d 103 (Haw. 2006). · cites it 24× “20 U.S.C. § 107b. Examination of the evolution of this unique federal statutory scheme reveals that the original federal RSA was designed to create employment opportunities for the blind on federal property and for further federal rehabilitative efforts on behalf of the blind.”
Schlank v. Williams, 572 A.2d 101 (D.C. 1990). · cites it 7× “" 20 U.S.C. § 107b (3). 3 . 20 U.S.C. § 107d-l (a) provides that a licensee dissatisfied with the outcome of a state eviden-tiary hearing may file a complaint with the Secretary of DOE, who "shall convene an arbitration panel to arbitrate the dispute.”
Comm. of Blind Vendors v. Dist. of Columbia, 695 F. Supp. 1234 (D.D.C. 1988). · cites it 3× “20 U.S.C. § 107b. Amounts may also be set aside for pension fund, health insurance, and sick leave expenses by a majority vote of the blind vendors.”
Sauer v. United States Dep't of Educ., 668 F.3d 644 (9th Cir. 2012). · cites it 2× “See 20 U.S.C. § 107b. A state agency that wishes to participate must apply to the Secretary for designation as a state licensing agency and agree to “cooperate with the Secretary in carrying out the purpose” of the Act, § 107b(l), as well as comply with a number of more specific…”
Tennessee Dep't of Human Servs. v. United States Dep't of Educ., Wayne Hinton, 979 F.2d 1162 (6th Cir. 1992). · cites it 2× “20 U.S.C. § 107b. Once the state and the federal government have agreed on an appropriate location for the vending facility, the state licensing agency is responsible for equipping the facility and furnishing the initial stock and inventory.”
Comm. of Blind Vendors v. Dist. of Columbia, 736 F. Supp. 292 (D.D.C. 1990). · cites it 4× “20 U.S.C. § 107b(2). Thereafter, the vendor is entitled to profits and responsible for losses.”
Tyler v. U.S. Dep't of Educ. Rehab. Servs. Admin., 904 F.3d 1167 (10th Cir. 2018). “We agree that the RSA delegates authority to SLAs to promulgate rules governing their operation of the RSA Program, see 20 U.S.C. § 107b(5), including the selection of blind vendors for particular vending assignments.”
Almond v. Boyles, 612 F. Supp. 223 (E.D.N.C. 1985). · cites it 2× “” See 20 U.S.C. § 107b(3). In 1974 Congress amended the Act to provide that vending stand proceeds could be set aside for the purchase of retirement benefits and other fringe benefits for the vendors, but only after full disclosure and a majority vote by the vendors.”
Comm. of Blind Vendors of the Dist. of Columbia v. Dist. of Columbia, 28 F.3d 130 (D.C. Cir. 1994). “20 U.S.C. § 107b(2). From this point forward, the blind vendor operates as the sole proprietor of the vending facility.”
Premo v. Martin, 119 F.3d 764 (9th Cir. 1997). · cites it 4× “” 20 U.S.C. § 107b. The statute further provides that arbitration “shall be final and binding on the parties.”
Moore's Cafeteria Servs. v. United States, 77 Fed. Cl. 180 (Fed. Cl. 2007). “The procedures for licensing a State agency under the RSA are set forth in 20 U.S.C. § 107b. . During MCS's post-award debriefing, the CO stated that the statement “price will not be rated” indicated that "unlike past performance information and experience, price does not…”
Brooks v. Dist. of Columbia, 375 F. Supp. 3d 41 (D.C. Cir. 2019). “from the net proceeds of the operation of the vending facilities" for limited uses like "maintenance and replacement of equipment" and "retirement or pension funds" is specifically governed by 20 U.S.C. § 107b(3). Because Plaintiffs' claims turn on the District's compliance with…”
Show all 32 citing cases →
— 20 U.S.C. § 107b(2) — 8 cases
Tamashiro v. Dep't of Human Servs., 146 P.3d 103 (Haw. 2006). “20 U.S.C. § 107b. Examination of the evolution of this unique federal statutory scheme reveals that the original federal RSA was designed to create employment opportunities for the blind on federal property and for further federal rehabilitative efforts on behalf of the blind.”
Comm. of Blind Vendors of the Dist. of Columbia v. Dist. of Columbia, 28 F.3d 130 (D.C. Cir. 1994). “20 U.S.C. § 107b(2). From this point forward, the blind vendor operates as the sole proprietor of the vending facility.”
Tennessee Dep't of Human Servs. v. United States Dep't of Educ., Wayne Hinton, 979 F.2d 1162 (6th Cir. 1992). “20 U.S.C. § 107b. Once the state and the federal government have agreed on an appropriate location for the vending facility, the state licensing agency is responsible for equipping the facility and furnishing the initial stock and inventory.”
Comm. of Blind Vendors v. Dist. of Columbia, 736 F. Supp. 292 (D.D.C. 1990). “20 U.S.C. § 107b(2). Thereafter, the vendor is entitled to profits and responsible for losses.”
Premo v. Martin, 119 F.3d 764 (9th Cir. 1997). “” 20 U.S.C. § 107b. The statute further provides that arbitration “shall be final and binding on the parties.”
— 20 U.S.C. § 107b(3) — 8 cases
Schlank v. Williams, 572 A.2d 101 (D.C. 1990). “" 20 U.S.C. § 107b (3). 3 . 20 U.S.C. § 107d-l (a) provides that a licensee dissatisfied with the outcome of a state eviden-tiary hearing may file a complaint with the Secretary of DOE, who "shall convene an arbitration panel to arbitrate the dispute.”
Almond v. Boyles, 612 F. Supp. 223 (E.D.N.C. 1985). “” See 20 U.S.C. § 107b(3). In 1974 Congress amended the Act to provide that vending stand proceeds could be set aside for the purchase of retirement benefits and other fringe benefits for the vendors, but only after full disclosure and a majority vote by the vendors.”
Brooks v. Dist. of Columbia, 375 F. Supp. 3d 41 (D.C. Cir. 2019). “from the net proceeds of the operation of the vending facilities" for limited uses like "maintenance and replacement of equipment" and "retirement or pension funds" is specifically governed by 20 U.S.C. § 107b(3). Because Plaintiffs' claims turn on the District's compliance with…”
Minnesota, Dep't of Jobs & Training v. Riley, 18 F.3d 606 (8th Cir. 1994).
Kolb v. United States (Fed. Cl. 2022).
— 20 U.S.C. § 107b(3)(A) — 1 case
Comm. of Blind Vendors v. Dist. of Columbia, 736 F. Supp. 292 (D.D.C. 1990). “20 U.S.C. § 107b(2). Thereafter, the vendor is entitled to profits and responsible for losses.”
— 20 U.S.C. § 107b(4) — 1 case
Schlank v. Williams, 572 A.2d 101 (D.C. 1990). “" 20 U.S.C. § 107b (3). 3 . 20 U.S.C. § 107d-l (a) provides that a licensee dissatisfied with the outcome of a state eviden-tiary hearing may file a complaint with the Secretary of DOE, who "shall convene an arbitration panel to arbitrate the dispute.”
— 20 U.S.C. § 107b(5) — 4 cases
Tamashiro v. Dep't of Human Servs., 146 P.3d 103 (Haw. 2006). “20 U.S.C. § 107b. Examination of the evolution of this unique federal statutory scheme reveals that the original federal RSA was designed to create employment opportunities for the blind on federal property and for further federal rehabilitative efforts on behalf of the blind.”
Tyler v. U.S. Dep't of Educ. Rehab. Servs. Admin., 904 F.3d 1167 (10th Cir. 2018). “We agree that the RSA delegates authority to SLAs to promulgate rules governing their operation of the RSA Program, see 20 U.S.C. § 107b(5), including the selection of blind vendors for particular vending assignments.”
Georgia Dep't of Human Resources v. Nash, 915 F.2d 1482 (11th Cir. 1990).
Delaware Dep't of Health & Soc. Servs. v. United States Dep't of Educ., 772 F.2d 1123 (3rd Cir. 1985).
— 20 U.S.C. § 107b(6) — 14 cases
Tamashiro v. Dep't of Human Servs., 146 P.3d 103 (Haw. 2006). “20 U.S.C. § 107b. Examination of the evolution of this unique federal statutory scheme reveals that the original federal RSA was designed to create employment opportunities for the blind on federal property and for further federal rehabilitative efforts on behalf of the blind.”
Sauer v. United States Dep't of Educ., 668 F.3d 644 (9th Cir. 2012). “See 20 U.S.C. § 107b. A state agency that wishes to participate must apply to the Secretary for designation as a state licensing agency and agree to “cooperate with the Secretary in carrying out the purpose” of the Act, § 107b(l), as well as comply with a number of more specific…”
Schlank v. Williams, 572 A.2d 101 (D.C. 1990). “" 20 U.S.C. § 107b (3). 3 . 20 U.S.C. § 107d-l (a) provides that a licensee dissatisfied with the outcome of a state eviden-tiary hearing may file a complaint with the Secretary of DOE, who "shall convene an arbitration panel to arbitrate the dispute.”
Comm. of Blind Vendors v. Dist. of Columbia, 695 F. Supp. 1234 (D.D.C. 1988). “20 U.S.C. § 107b. Amounts may also be set aside for pension fund, health insurance, and sick leave expenses by a majority vote of the blind vendors.”
Delaware Dep't of Health & Soc. Servs. v. United States Dep't of Educ., 772 F.2d 1123 (3rd Cir. 1985).
— 20 U.S.C. § 107b(l) — 3 cases
Schlank v. Williams, 572 A.2d 101 (D.C. 1990). “" 20 U.S.C. § 107b (3). 3 . 20 U.S.C. § 107d-l (a) provides that a licensee dissatisfied with the outcome of a state eviden-tiary hearing may file a complaint with the Secretary of DOE, who "shall convene an arbitration panel to arbitrate the dispute.”
Comm. of Blind Vendors v. Dist. of Columbia, 736 F. Supp. 292 (D.D.C. 1990). “20 U.S.C. § 107b(2). Thereafter, the vendor is entitled to profits and responsible for losses.”
Georgia Dep't of Human Resources v. Nash, 915 F.2d 1482 (11th Cir. 1990).
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