20 U.S.C. § 107e

Definitions

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 20 CasesGoogle Scholar

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.(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.)Editorial NotesCodification

The content of Pub. L. 93–516, including provisions of sections 206 and 207 thereof which amended and renumbered 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 and renumbered 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 machine income”, and in definition of “blind person” substituted 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 greater than twenty degrees, and that in determining whether a person 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, 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 certified 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 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

“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, including Rehabilitation Services Administration and Commissioner 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.

Notes of Decisions

Cited in 20 cases (4 in the last 5 years), 1985–2022 · leading case: Randolph-Sheppard Vendors of Am. v. Caspar W. Weinberger, Nat'l Council of State Agencies for the Blind v. Caspar W. Weinberger, 795 F.2d 90 (D.C. Cir. 1986).

Sort: Relevance Newest Treatment

Randolph-Sheppard Vendors of Am. v. Caspar W. Weinberger, Nat'l Council of State Agencies for the Blind v. Caspar W. Weinberger, 795 F.2d 90 (D.C. Cir. 1986). · cites it 2× “20 U.S.C. § 107e(7). Second, the Act requires that a newly acquired government building contain a satisfactory site for a blind vendor’s facility or, if the new building is to be constructed or substantially altered, the plans for the construction or alteration include a…”

North Carolina Div. of Servs. for the Blind v. United States, 53 Fed. Cl. 147 (Fed. Cl. 2002). · cites it 2× “” 20 U.S.C. § 107e(7). With regard to cafeterias, the Secretary, who *151 has delegated such authority to the Commissioner of the Rehabilitative Services Administration (RSA), is authorized to prescribe regulations establishing priority for blind licensees for the operation of…”

Tamashiro v. Dep't of Human Servs., 146 P.3d 103 (Haw. 2006). · cites it 2× “Although Congress clearly intended the RSA program to apply to both federal and non-federal properties, see also supra note 4, the phrase "other property" is not defined anywhere in the federal RSA, i.”

Washington State Dep't of Servs. for the Blind v. United States, 58 Fed. Cl. 781 (Fed. Cl. 2003). · cites it 2× “See 20 U.S.C. § 107e (defining terms used in RSA); 34 C.”

Southfork Sys., Inc. v. The United States, & State of Texas, Acting Through the Texas Comm'n for the Blind, 141 F.3d 1124 (Fed. Cir. 1998). “See 20 U.S.C. § 107e(7). 3 . Southfork’s argument on appeal with respect to interpreting the regulations represents a change of position.”

Texas State Comm'n for the Blind & State of Texas v. The United States, 796 F.2d 400 (Fed. Cir. 1986). “20 U.S.C. § 107e(3) (1982). DOD is not "charged with enforcing” the act.”

Texas Workforce Comm'n v. United States Dept o, 973 F.3d 383 (5th Cir. 2020). “The Act does not define “operate” or “operation,” see 20 U.S.C. § 107e, and we do not find that the term’s plain meaning is resolved after reviewing multiple dictionary definitions.”

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. § 107e(6). . The OFH hears grievances of applicants for, and recipients of, public assistance.”

NISH v. Cohen, 247 F.3d 197 (4th Cir. 2001). · cites it 2× “Using these guideposts, the Contracting Officer determined that the mess hall facilities at Fort Lee were “cafeterias” under the terms of the RS Act, specifically 20 U.S.C. § 107e(7), primarily because they were “prepared food serving lines with table seating facilities.”

Comm. of Blind Vendors v. Dist. of Columbia, 736 F. Supp. 292 (D.D.C. 1990). · cites it 3× “See 20 U.S.C. § 107e(8); 34 C.F.R. § 395.1 (z).”

NISH v. Rumsfeld, 188 F. Supp. 2d 1321 (D.N.M. 2002). · cites it 2× “20 U.S.C. § 107e(3). The DOE regulations promulgated pursuant to the RSA define a cafeteria as a “food dispensing facility capable of providing a broad variety of prepared foods and beverages (including hot meals) primarily through the use of a line where the customer serves…”

Randolph-Sheppard Vendors of Am. v. Weinberger, 602 F. Supp. 1007 (D.D.C. 1985). · cites it 2× “These vending facilities include “automatic vending machines, cafeterias, snack bars, cart services, shelters, counters, and such other appropriate auxiliary equipment” for the sale of a wide variety of items, 20 U.S.C. § 107e(7), including “newspapers, periodicals, confections,…”

Show all 20 citing cases →

— 20 U.S.C. § 107e(3) — 4 cases

Texas State Comm'n for the Blind & State of Texas v. The United States, 796 F.2d 400 (Fed. Cir. 1986). “20 U.S.C. § 107e(3) (1982). DOD is not "charged with enforcing” the act.”

NISH v. Rumsfeld, 188 F. Supp. 2d 1321 (D.N.M. 2002). “20 U.S.C. § 107e(3). The DOE regulations promulgated pursuant to the RSA define a cafeteria as a “food dispensing facility capable of providing a broad variety of prepared foods and beverages (including hot meals) primarily through the use of a line where the customer serves…”

Moore v. United States, 254 F. App'x 603 (9th Cir. 2007).

Browder v. US Dept of Educ. (4th Cir. 2000).

— 20 U.S.C. § 107e(6) — 1 case

— 20 U.S.C. § 107e(7) — 12 cases

Randolph-Sheppard Vendors of Am. v. Caspar W. Weinberger, Nat'l Council of State Agencies for the Blind v. Caspar W. Weinberger, 795 F.2d 90 (D.C. Cir. 1986). “20 U.S.C. § 107e(7). Second, the Act requires that a newly acquired government building contain a satisfactory site for a blind vendor’s facility or, if the new building is to be constructed or substantially altered, the plans for the construction or alteration include a…”

North Carolina Div. of Servs. for the Blind v. United States, 53 Fed. Cl. 147 (Fed. Cl. 2002). “” 20 U.S.C. § 107e(7). With regard to cafeterias, the Secretary, who *151 has delegated such authority to the Commissioner of the Rehabilitative Services Administration (RSA), is authorized to prescribe regulations establishing priority for blind licensees for the operation of…”

NISH v. Cohen, 247 F.3d 197 (4th Cir. 2001). “Using these guideposts, the Contracting Officer determined that the mess hall facilities at Fort Lee were “cafeterias” under the terms of the RS Act, specifically 20 U.S.C. § 107e(7), primarily because they were “prepared food serving lines with table seating facilities.”

Washington State Dep't of Servs. for the Blind v. United States, 58 Fed. Cl. 781 (Fed. Cl. 2003). “See 20 U.S.C. § 107e (defining terms used in RSA); 34 C.”

— 20 U.S.C. § 107e(8) — 2 cases

Comm. of Blind Vendors v. Dist. of Columbia, 736 F. Supp. 292 (D.D.C. 1990). “See 20 U.S.C. § 107e(8); 34 C.F.R. § 395.1 (z).”

State of Ohio v. U.S. Dep't of Educ. (6th Cir. 2021).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.