Notes on 20 U.S.C. § 107 : US Code - Notes

Search Notes on 20 U.S.C. § 107 : US Code - Notes

(June 20, 1936, ch. 638, Sec. 1, 49 Stat. 1559; Aug. 3, 1954, ch.
655, Sec. 4(a), 68 Stat. 663; Pub. L. 93-516, title II, Sec. 202,
Dec. 7, 1974, 88 Stat. 1623; Pub. L. 93-651, title II, Sec. 202,
Nov. 21, 1974, 89 Stat. 2-8.)
CODIFICATION
The content of Pub. L. 93-516, including provisions thereof which
amended and enacted various sections of this chapter, 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
chapter should be deemed to have been amended by Pub. L. 93-651,
Nov. 21, 1974, 89 Stat. 2-3, in exactly the same manner as it was
amended by Pub. L. 93-516.
AMENDMENTS
1974 - Subsec. (a). Pub. L. 93-516 designated first sentence of
existing provisions as subsec. (a), substituted "purposes" for
"purpose", "vending facilities" for "vending stands", and struck
out "where such vending stands may be properly and satisfactorily
operated by blind persons". An identical amendment was made by Pub.
L. 93-651. See Codification note above.
Subsec. (b). Pub. L. 93-516 designated second sentence of
existing provisions as subsec. (b), in the provisions preceding
par. (1) of subsec. (b) as so designated, substituted reference to
vending facilities for reference to vending stands, substituted
provisions requiring that priority be given to blind persons for
provisions requiring that preference be given so far as feasible to
blind persons, substituted provisions authorizing the Secretary
after consultation with the Administrator of General Services, and
other heads of departments, agencies, or instrumentalities of the
United States in control of maintenance, operation, and protection
of Federal property to prescribe regulations for provisions
authorizing the head of each department or agency in control of the
maintenance, operation, and protection of Federal property after
consultation with the Secretary and with the approval of the
President to prescribe regulations, struck out provisions that such
regulations assure such preference including assignment of vending
machine income to achieve and protect such preference for such
blind persons without unduly inconveniencing such departments and
agencies or adversely affecting the interests of the United States,
and added pars. (1) and (2) and provisions following par. (2). An
identical amendment was made by Pub. L. 93-651. See Codification
note above.
1954 - Act Aug. 3, 1954, provided that in authorizing the
operation of vending stands preference shall be given, so far as
feasible, to blind persons.
EFFECTIVE DATE OF 1954 AMENDMENT
Amendment by act Aug. 3, 1954, effective July 1, 1954, see
section 8 of act Aug. 3, 1954.
SHORT TITLE OF 1974 AMENDMENT
Section 200 of title II of Pub. L. 93-516 provided that: "This
title [enacting sections 107b-1 to 107b-3 and 107d-1 to 107d-4 of
this title, amending this section, sections 107a, 107b, 107d, 107e
of this title, and section 5108 of Title 5, Government Organization
and Employees, repealing sections 107c and 107e-1 of this title,
and enacting provisions set out as notes under this section and
section 702 of Title 29, Labor] may be cited as the 'Randolph-
Sheppard Act Amendments of 1974'."
An identical provision is in section 200 of Pub. L. 93-651. See
Codification note above.
SHORT TITLE OF 1954 AMENDMENT
Section 1 of act Aug. 3, 1954, provided that: "This Act [enacting
section 107e-1 of this title and amending this section and sections
107a, 107b, 107e, and 107f of this title and sections 31 to 41, 42,
49b, and 49g of Title 29, Labor] may be cited as the 'Vocational
Rehabilitation Amendments of 1954'."
SHORT TITLE
Act June 20, 1936, ch. 638, Sec. 11, as added by Pub. L. 108-136,
div. A, title VIII, Sec. 852(c), Nov. 24, 2003, 117 Stat. 1556,
provided that: "This Act [enacting this chapter] may be cited as
the 'Randolph-Sheppard Act'."
The act June 20, 1936 is also popularly known as the "Randolph-
Sheppard Vending Stand Act".
CONGRESSIONAL FINDINGS
Section 201 of Pub. L. 93-516 provided that: "The Congress finds -

"(1) after review of the operation of the blind vending stand
program authorized under the Randolph-Sheppard Act of June 20,
1936 [this chapter], that the program has not developed, and has
not been sustained, in the manner and spirit in which the
Congress intended at the time of its enactment, and that, in
fact, the growth of the program has been inhibited by a number of
external forces;
"(2) that the potential exists for doubling the number of blind
operators on Federal and other property under the Randolph-
Sheppard program within the next five years, provided the
obstacles to growth are removed, that legislative and
administrative means exist to remove such obstacles, and that
Congress should adopt legislation to that end; and
"(3) that at a minimum the following actions must be taken to
insure the continued vitality and expansion of the Randolph-
Sheppard program -
"(A) establish uniformity of treatment of blind vendors by
all Federal departments, agencies, and instrumentalities,
"(B) establish guidelines for the operation of the program by
State licensing agencies,
"(C) require coordination among the several entities with
responsibility for the program,
"(D) establish a priority for vending facilities operated by
blind vendors on Federal property,
"(E) establish administrative and judicial procedures under
which fair treatment of blind vendors, State licensing
agencies, and the Federal Government is assured,
"(F) require stronger administration and oversight functions
in the Federal office carrying out the program, and
"(G) accomplish other legislative and administrative
objectives which will permit the Randolph-Sheppard program to
flourish."
An identical provision is in section 201 of Pub. L. 93-651. See
Codification note above.