Allen Harris, President of the National Council of State Agencies for the
Blind
Dear Colleagues:
I am forwarding a letter which was "hastily" put together to meet a very
short turn around time. Catriona, Dr. Schroeder, Terry C. Smith and I wanted
to get this over nighted so we would meet the October 29th
(Sunday)
Respectfully,
Allen
Committee for Purchase From People Who Are Blind or Severely Disabled
Jefferson Plaza 2, Suite 10800 1421 Jefferson Davis Highway, Arlington,
Virginia, 22202-3259
The National Council of State Agencies for the Blind (NCSAB) is a membership
organization that includes the Randolph-Sheppard State Licensing Agency for
all 50 States and the US Territories. The NCSAB's mission is to promote
through advocacy, coordination, and education the delivery of specialized
services that enable individuals who are blind and visually impaired to
achieve personal and vocational independence.
We provide a specialized forum for administrators of member agencies to
study, deliberate, and act upon matters affecting rehabilitation and
other services for individuals who are blind or visually impaired. We
also serve as an advisory body to federal agencies as they develop policies
and administer programs affecting services for individuals who are blind or
visually impaired.
The Federal Register notice issued on September 29, 2006 at 71 Fed. Reg.
57464-57465, announces the intent of the Committee for Purchase from the
Blind and Severely Disabled to add the "food service" provided at the
Federal Bureau of Investigation and Drug Enforcement at the Administration
Training Academies in Quantico, Virginia. NCSAB objects to this addition as
it is in direct violation of the Randolph-Sheppard Act, 20 U.S.C. Sections
107-107f, which establishes a mandatory priority for blind licensees of
state licensing agencies to operate cafeterias and other services on federal
property.
The Randolph-Sheppard Act establishes a priority for "blind persons licensed
under [the Act] ...to operate vending facilities on any Federal property."
20 U.S.C. 107(a) (emphasis added). The term "vending facilities" is broadly
defined and incontrovertibly includes the FBI food service at Quantico:
"'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)." Such articles or services include newspapers, confections,
foods, beverages, and other articles or services dispensed automatically or
manually prepared on or off the
premises. 20 U.S.C. 107a(a)(5). In short, the Randolph-Sheppard Act
allows a state licensing agency to "'establish a priority for the operation
of cafeterias on Federal property by blind licensees . . .
whether by contract or otherwise.'" NISH v. Rumsfeld, 348 F.3d 1263 (10th
Cir. 2003) (quoting 20 U.S.C. 107d-3(e)). In this case, the relevant
state-licensing agency, the Virginia Department for the Blind and Vision
Impaired, wishes to exercise its priority.
Application of the Randolph-Sheppard priority is not discretionary. 20 U.S.C.
107(b) ("In authorizing the operation of vending facilities on Federal
property, priority shall be given to blind persons licensed by a State
agency as provided in this chapter") (emphasis added). Moreover, when a
question arises about whether the Randolph-Sheppard Act or
Javits-Wagner-O'Day Act, 41 U.S.C. Sections 46-48c, governs the operation of
a cafeteria on federal property, the Randolph-Sheppard Act applies. NISH v.
Cohen, 247 F.3d 197 (4th Cir. 2001)