B-97722, SEPTEMBER 25, 1950, 30 COMP. GEN. 117

B-97722: Sep 25, 1950

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1950: I HAVE YOUR LETTER OF AUGUST 28. IN ANY STATE IN WHICH THERE IS NO SUCH COMMISSION SOME OTHER PUBLIC AGENCY TO ISSUE LICENSES TO BLIND PERSONS WHO ARE CITIZENS OF THE UNITED STATES AND AT LEAST TWENTY-ONE YEARS OF AGE FOR THE OPERATING OF VENDING STANDS IN FEDERAL AND OTHER BUILDINGS IN SUCH STATE FOR THE VENDING OF NEWSPAPERS. NOR ITS LEGISLATIVE HISTORY DISCLOSES WHETHER THE TERM " FEDERAL BUILDING" WAS INTENDED TO COVER PRIVATELY OWNED PROPERTY LEASED. IS TO PROVIDE EMPLOYMENT OPPORTUNITIES FOR BLIND PERSONS AND. THE FEDERAL SUPPLY ADMINISTRATOR IS AUTHORIZED TO MAKE SURVEYS OF CONCESSION-STAND OPPORTUNITIES FOR BLIND PERSONS "IN FEDERAL AND OTHER BUILDINGS IN THE UNITED STATES" AND TO DESIGNATE A STATE AGENCY IN EACH STATE TO ISSUE LICENSES TO BLIND PERSONS FOR OPERATING VENDING STANDS "IN FEDERAL AND OTHER BUILDINGS IN SUCH STATE.'.

B-97722, SEPTEMBER 25, 1950, 30 COMP. GEN. 117

FEDERAL BUILDINGS AS INCLUDING LEASED BUILDINGS - OPERATION OF CONCESSION STANDS BY BLIND PERSONS THE TERM " FEDERAL BUILDING" AS USED IN THE ACT OF JUNE 20, 1936, AS AMENDED, AUTHORIZING THE OPERATION OF CONCESSION STANDS BY BLIND PERSONS IN FEDERAL AND OTHER BUILDINGS IN THE UNITED STATES, MAY BE REGARDED AS INCLUDING BUILDINGS LEASED BY THE UNITED STATES AS WELL AS THOSE OWNED BY THE UNITED STATES, SO THAT SPACE IN LEASED POST OFFICE QUARTERS MAY BE USED FOR SUCH PURPOSES, PROVIDED THE LESSOR AGREES TO SUCH USAGE.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, SEPTEMBER 25, 1950:

I HAVE YOUR LETTER OF AUGUST 28, 1950, REQUESTING A DECISION AS TO WHETHER YOUR DEPARTMENT HAS AUTHORITY TO PERMIT THE USE OF SPACE IN LEASED POST OFFICE QUARTERS FOR THE OPERATION OF CONCESSION STANDS BY BLIND PERSONS, ASSUMING THAT THE LESSOR AGREES TO SUCH USAGE.

THE ACT OF JUNE 20, 1936, 49 STAT. 1559, AS AMENDED (20 U.S.C. 107 107F), REFERRED TO IN YOUR LETTER, PROVIDES IN PART:

SEC. 107. OPERATION OF VENDING STAND AUTHORIZED.

FOR THE PURPOSE OF PROVIDING BLIND PERSONS WITH REMUNERATIVE EMPLOYMENT, ENLARGING THE ECONOMIC OPPORTUNITIES OF THE BLIND, AND STIMULATING THE BLIND TO GREATER EFFORTS IN STRIVING TO MAKE THEMSELVES SELF-SUPPORTING BLIND PERSONS LICENSED UNDER THE PROVISIONS OF SECTIONS 107-107F OF THIS TITLE SHALL BE AUTHORIZED TO OPERATE VENDING STANDS IN ANY FEDERAL BUILDING WHERE, IN THE DISCRETION OF THE HEAD OF THE DEPARTMENT OR AGENCY IN CHARGE OF THE MAINTENANCE OF THE BUILDING, SUCH VENDING STANDS MAY BE PROPERLY AND SATISFACTORILY OPERATED BY BLIND PERSONS.

SEC. 107A. SURVEYS BY FEDERAL SECURITY ADMINISTRATOR; DESIGNATING STATE LICENSING AGENCIES; QUALIFICATIONS FOR LICENSE; PREFERENCES; SELECTION OF LOCATIONS.

(A) THE FEDERAL SECURITY ADMINISTRATOR SHALL---

(1) MAKE SURVEYS OF CONCESSION-STAND OPPORTUNITIES FOR BLIND PERSONS IN FEDERAL AND OTHER BUILDINGS IN THE UNITED STATES;

(3) MAKE AVAILABLE TO THE PUBLIC, AND ESPECIALLY TO PERSONS AND ORGANIZATIONS ENGAGED IN WORK FOR THE BLIND, INFORMATION OBTAINED AS A RESULT OF SUCH SURVEYS;

(4) DESIGNATE AS PROVIDED IN SECTION 107 (B) OF THIS TITLE THE STATE COMMISSION FOR THE BLIND IN EACH STATE, OR, IN ANY STATE IN WHICH THERE IS NO SUCH COMMISSION SOME OTHER PUBLIC AGENCY TO ISSUE LICENSES TO BLIND PERSONS WHO ARE CITIZENS OF THE UNITED STATES AND AT LEAST TWENTY-ONE YEARS OF AGE FOR THE OPERATING OF VENDING STANDS IN FEDERAL AND OTHER BUILDINGS IN SUCH STATE FOR THE VENDING OF NEWSPAPERS, PERIODICALS, CONFECTIONS, TOBACCO PRODUCTS, AND SUCH OTHER ARTICLES AS MAY BE APPROVED FOR EACH BUILDING BY THE CUSTODIAN THEREOF AND THE STATE LICENSING AGENCY;

NEITHER THE PROVISIONS OF THE ACT OF JUNE 20, 1936, NOR ITS LEGISLATIVE HISTORY DISCLOSES WHETHER THE TERM " FEDERAL BUILDING" WAS INTENDED TO COVER PRIVATELY OWNED PROPERTY LEASED, OR OTHERWISE CONTROLLED, BY THE GOVERNMENT. HOWEVER, THE PRIMARY PURPOSE OF THE SAID ACT OF JUNE 20, 1936, AS INDICATED BY ITS LANGUAGE AND ITS LEGISLATIVE HISTORY, IS TO PROVIDE EMPLOYMENT OPPORTUNITIES FOR BLIND PERSONS AND, FOR SUCH PURPOSE, THE FEDERAL SUPPLY ADMINISTRATOR IS AUTHORIZED TO MAKE SURVEYS OF CONCESSION-STAND OPPORTUNITIES FOR BLIND PERSONS "IN FEDERAL AND OTHER BUILDINGS IN THE UNITED STATES" AND TO DESIGNATE A STATE AGENCY IN EACH STATE TO ISSUE LICENSES TO BLIND PERSONS FOR OPERATING VENDING STANDS "IN FEDERAL AND OTHER BUILDINGS IN SUCH STATE.'

IN VIEW OF THE FOREGOING, IT IS BELIEVED THAT THE TERM " FEDERAL BUILDING" AS USED IN THE SAID ACT OF JUNE 20, 1936, PROPERLY MAY BE REGARDED AS INCLUDING BUILDINGS LEASED BY THE UNITED STATES AS WELL AS THOSE OWNED BY IT. ACCORDINGLY, THE QUESTION PRESENTED IN YOUR LETTER IS ANSWERED IN THE AFFIRMATIVE.