Hearings

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1 gress such recommendations for legislation and administra2 tion as it deems necessary or desirable to eliminate the bar3 riers described in clause (2) of this subsection.

4 (c) In carrying out its functions under this section, the 5 Board shall conduct investigations, hold public hearings, and 6 issue such orders as it deems necessary to insure compliance 7 with the provisions of the Acts cited in subsection (b). 8 Sections 1001 to 1011 of title 5, United States Code, shall 9 apply to procedures under this section, and an order of com10 pliance issued by the Board shall be a final order for purposes 11 of judicial review.

(d) The Board is authorized to appoint as many hear13 ing examiners as are necessary for proceedings required to 14 be conducted under this section. The provisions applicable

to hearing examiners appointed under section 3105 of title 5, United States Code, shall apply to hearing examiners appointed under this subsection.

(e) The departments or agencies specified in subsec19 tion (a) of this section shall make available to the Board such technical, administrative, or other assistance as it may

require to carry out its functions under this section, and the 22 Board may appoint such other advisers, technical experts,

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and consultants as it deems necessary to assist it in carrying

out its functions under this section.

(f) The Board shall, at the end of each fiscal year, re

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1 Congress. Such report shall include an assessment of the 2 extent of compliance with the Acts cited in subsection (b) 3 of this section, along with a description and analysis of 4 investigations made and actions taken by the Board. 5 (g) There is authorized to be appropriated for the pur6 pose of carrying out the duties and functions of the Board 7 under this section $1,000,000 for the fiscal year ending June 8 30, 1973; $1,250,000 for the fiscal year ending June 30, 9 1974; and $1,500,000 for the fiscal year ending June 30, 10 1975.

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EMPLOYMENT UNDER FEDERAL CONTRACTS

SEC. 603. (a) Any contract entered into by any Fed13 eral department or agency for the procurement of personal 14 property and nonpersonal services (including construction) 15 for the United States shall contain a provision requiring that, 16 in employing persons to carry out such contract, the party 17 contracting with the United States shall take affirmative 18 action to employ and advance in employment qualified handi

capped individuals as defined in section 6 (7). The provisions 20 of this section shall apply to any subcontract entered into 21 by a prime contract or in carrying out any contract for the

procurement of personal property and nonpersonal services 23 (including construction) for the United States. The President 24 shall implement the provisions of this section by promulgat

ing regulations within ninety days after the date of enact26 ment of this section.

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(b) If any handicapped individual believes any con

2 tractor has failed or refuses to comply with the provisions 3 of his contract with the United States, relating to employ4 ment of handicapped individuals, such individual may file a 5 complaint with the Department of Labor. The Department 6 shall promptly investigate such complaint and shall take such 7 action thereon as the facts and circumstances warrant con8 sistent with the terms of such contract and the laws and 9 regulations applicable thereto.

NONDISCRIMINATION UNDER FEDERAL GRANTS

SEC. 604. No otherwise qualified handicapped or se 12 verely handicapped individual in the United States, as de13 fined in section 6 of this Act, shall, solely by reason of his 14 handicap, be excluded from the participation in, be denied the 15 benefits of, or be subjected to discrimination under any program or actively receiving Federal financial assistance.

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TITLE VII-AMENDMENTS TO RANDOLPH

SHEPPARD ACT

SEC. 700. This title may be cited as the "Randolph

Sheppard Act for the Blind Amendments of 1972".

AUTHORIZATION AND PREFERENCE FOR OPERATION OF

VENDING FACILITIES ON FEDERAL PROPERTY

SEC. 701. The first section of the Act entitled "An Act 24 to authorize the operation of stands in Federal buildings by 25 blind persons, to enlarge the economic opportunities of the 26 blind, and for other purposes," (hereinafter referred to as

105

1 the "Randolph-Sheppard Act") approved June 20, 1936, 2 as amended (20 U.S.C. 107), is amended by striking out 3 all after the enacting clause and inserting in lieu thereof the 4 following:

5 "That (a) for the purposes of providing blind persons with 6 remunerative employment, enlarging the economic opportu7 nities of the blind, and stimulating the blind to greater 8 efforts in striving to make themselves self-supporting, blind 9 persons licensed under the provisions of this Act shall be 10 authorized to operate vending facilities on any Federal 11 property.

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"(b) In authorizing the operating of vending facilities 13 on Federal property, preference shall be given to blind 14 persons licensed by a State agency as provided in this Act; 15 and the head of each department or agency in control of the 16 maintenance, operation, and protection of Federal property 17 shall, after consultation with the Secretary, and with the 18 approval of the President, prescribe regulations designed to 19 assure that such preference is given to such licensed blind 20 persons (including assignment of vending machine income to 21 achieve and protect such preference) without adversely af22 fecting the interests of the United States."

STATE LICENSING AGENCIES AND QUALIFICATIONS FOR

LICENSEES

25 SEC. 702. (a) Section 2 (a) of the Randolph-Sheppard

26 Act is amended as follows:

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(1) paragraph (1) is amended to read as follows:

"(1) make surveys of concession vending opportunities for blind persons on Federal and other property in the United States;"

(2) paragraph (4) is amended by—

age";

(A) striking out "at least twenty-one years of

(B) striking out "articles dispensed automatically or in containers or wrapping in which they are placed before receipt by the vending stand, and such other articles as may be approved for each property by the department or agency in control of the main

tenance, operation, and protection thereof and the State licensing agency in accordance with the regulations prescribed pursuant to the first section:" and inserting in lieu thereof the following: "foods, beverages, and other such articles or services dispensed

automatically or manually and prepared on or off the premises in accordance with all applicable health laws, as determined by the State licensing agency:";

and

(b) Section 2 (b) of such Act is amended by

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