President's Health Recommendations and Related Measures

person in the lobby of a particular post office, which post office is located in leased quarters. The lease contains a clause which prohibits use of the premises by anyone other than the Government. The lessor apparently would waive this provision in the lease. However, the Postmaster at the office involved advises this Department that the proposed stand "will take much needed space from the money-order window." The postmaster says, however, that the representative of the Department of Public Welfare "does not care how much inconvenience the stand will cause the public just so it is installed."

Obviously, any such case must be decided in favor of the patrons of the postal service who must be served.

If the proposed amendment to the Randolph-Sheppard Vending Stand Act were in force and effect who, in the case cited above, would make the determination as to whether or not it was "feasible" for the proposed vending stand to be operated? Likewise, who would make the determination that such stand would either not "unduly inconvenience" the Department or “adversely affect the interests of the United States?" The sentence proposed to be added to section 5 (a) (1) of the act is not clear on this point.

In any event, any discretion vested in the Postmaster General by the present law would be taken away from him by the proposed amendment to section 5 (a) (1).

This Department is strongly opposed to the amendments to the RandolphSheppard Vending Stand Act, as proposed by the Department of Health, Education, and Welfare.

It is understood that the Department of Health, Education, and Welfare is desirous of being consulted with respect to regulations which would be issued to cover the operation of vending stands and vending machines by blind persons. Insofar as this Department is concerned no objection is interposed to such requirement. However, in view of the fact that a large number of post offices are involved and the issuance of specific regulations with respect to the operation of such stands at each post office is necessary, no need is seen for burdening either the President or even the Bureau of the Budget with the duty of passing on the numerous regulations which might be required to govern the operation of such stands or machines in post offices under the jurisdiction of this Department. It is believed that the matter could be handled amicably between this Department and the Department of Health, Education, and Welfare.

No objection would be made, therefore, by this Department to the present law, codified in section 107 of title 20, United States Code, being amended by the addition of a sentence reading as follows:

"The head of the department or agency in charge of the maintenance of the Federal property shall, when such vending stands are to be operated by blind persons, consult with the Secretary of Health, Education, and Welfare prior to the issuance of any regulations governing the operation of such vending stands on such property."

No objection would be interposed to striking out the words "in any Federal building" wherever they appear in the present law, and inserting in lieu thereof, "on any Federal property."

It will be appreciated if you will cause this report to be made a part of the record on S. 2759.

Due to the fact that the hearings on S. 2759 have been completed, and the further fact that the amendments suggested by the Department of Health, Education, and Welfare are presently being considered by the committee, this report has not been cleared through the Bureau of the Budget.