20 U.S.C. § 107d-3 : US Code - Section 107D-3: Vending machine income

Search 20 U.S.C. § 107d-3 : US Code - Section 107D-3: Vending machine income

(a) Accrual to blind licensee and alternatively to State agency;
ceiling on amount for individual licensee
In accordance with the provisions of subsection (b) of this
section, vending machine income obtained from the operation of
vending machines on Federal property shall accrue (1) to the blind
licensee operating a vending facility on such property, or (2) in
the event there is no blind licensee operating such facility on
such property, to the State agency in whose State the Federal
property is located, for the uses designated in subsection (c) of
this section, except that with respect to income which accrues
under clause (1) of this subsection, the Commissioner may prescribe
regulations imposing a ceiling on income from such vending machines
for an individual blind licensee. In the event such a ceiling is
imposed, no blind licensee shall receive less vending machine
income under such ceiling than he was receiving on January 1, 1974.
No limitation shall be imposed on income from vending machines,
combined to create a vending facility, which are maintained,
serviced, or operated by a blind licensee. Any amounts received by
a blind licensee that are in excess of the amount permitted to
accrue to him under any ceiling imposed by the Commissioner shall
be disbursed to the appropriate State agency under clause (2) of
this subsection and shall be used by such agency in accordance with
subsection (c) of this section.
(b) Direct competition between vending machine and vending
facility; proportion of accrued income from such vending machines
for individual licensee
(1) After January 1, 1975, 100 per centum of all vending machine
income from vending machines on Federal property which are in
direct competition with a blind vending facility shall accrue as
specified in subsection (a) of this section. "Direct competition"
as used in this section means the existence of any vending machines
or facilities operated on the same premises as a blind vending
facility except that vending machines or facilities operated in
areas serving employees the majority of whom normally do not have
direct access to the blind vending facility shall not be considered
in direct competition with the blind vending facility. After
January 1, 1975, 50 per centum of all vending machine income from
vending machines on Federal property which are not in direct
competition with a blind vending facility shall accrue as specified
in subsection (a) of this section, except that with respect to
Federal property at which at least 50 per centum of the total hours
worked on the premises occurs during periods other than normal
working hours, 30 per centum of such income shall so accrue.
(2) The head of each department, agency, and instrumentality of
the United States shall insure compliance with this section with
respect to buildings, installations, and facilities under his
control, and shall be responsible for collection of, and accounting
for, such vending machine income.
(c) Disposal of accrued vending machine income by State licensing
agency
All vending machine income which accrues to a State licensing
agency pursuant to subsection (a) of this section shall be used to
establish retirement or pension plans, for health insurance
contributions, and for provision of paid sick leave and vacation
time for blind licensees in such State, subject to a vote of blind
licensees as provided under section 107b(3)(E) of this title. Any
vending machine income remaining after application of the first
sentence of this subsection shall be used for the purposes
specified in sections 107b(3)(A), (B), (C), and (D) of this title,
and any assessment charged to blind licensees by a State licensing
agency shall be reduced pro rata in an amount equal to the total of
such remaining vending machine income.
(d) Income from vending machines in certain locations excepted
Subsections (a) and (b)(1) of this section shall not apply to
income from vending machines within retail sales outlets under the
control of exchange or ships' stores systems authorized by title
10, or to income from vending machines operated by the Veterans
Canteen Service, or to income from vending machines not in direct
competition with a blind vending facility at individual locations,
installations, or facilities on Federal property the total of which
at such individual locations, installations, or facilities does not
exceed $3,000 annually.
(e) Regulations establishing priority for operation of cafeterias
The Secretary, through the Commissioner, shall prescribe
regulations to establish a priority for the operation of cafeterias
on Federal property by blind licensees when he determines, on an
individual basis and after consultation with the head of the
appropriate installation, that such operation can be provided at a
reasonable cost with food of a high quality comparable to that
currently provided to employees, whether by contract or otherwise.
(f) Existing arrangements more favorable to blind licensees
unaffected
This section shall not operate to preclude preexisting or future
arrangements, or regulations of departments, agencies, or
instrumentalities of the United States, under which blind licensees
(1) receive a greater percentage or amount of vending machine
income than that specified in subsection (b)(1) of this section, or
(2) receive vending machine income from individual locations,
installations, or facilities on Federal property the total of which
at such individual locations, installations, or facilities does not
exceed $3,000 annually.
(g) Regulations for compliance
The Secretary shall take such action and promulgate such
regulations as he deems necessary to assure compliance with this
section.