§ 107e. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC107e]
TITLE 20--EDUCATION
CHAPTER 6A--VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS
Sec. 107e. Definitions
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, Sec. 9, formerly Sec. 6, 49 Stat. 1560; Aug. 3,
1954, ch. 655, Sec. 4(f), 68 Stat. 664; renumbered Sec. 9 and amended
Pub. L. 93-516, title II, Secs. 206, 207, Dec. 7, 1974, 88 Stat. 1626,
1628; Pub. L. 93-651, title II, Secs. 206, 207, Nov. 21, 1974, 89 Stat.
2-11, 2-13; Pub. L. 96-88, title III, Sec. 301(a)(4)(B), title V,
Sec. 507, Oct. 17, 1979, 93 Stat. 678, 692.)
Codification
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,
Secs. 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, Sec. 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).
Effective Date of 1954 Amendment
Amendment by act Aug. 3, 1954, effective July 1, 1954, see section 8
of act Aug. 3, 1954.
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.
Section Referred to in Other Sections
This section is referred to in section 107a of this title.
