HEARING ON THE RANDOLPH-SHEPPARD ACT THURSDAY, OCTOBER 31, 1991 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON SELECT EDUCATION, COMMITTEE ON EDUCATION AND LABOR, Washington, DC. The subcommittee met, pursuant to call, at 9:30 a.m., Room 2257, Rayburn House Office Building, Hon. Major R. Owens [Chairman] presiding. Members present: Representatives Owens and Ballenger. Staff present: Maria Cuprill, Wanser Green, Theda Zawaiza, Alison Huff, Sally Lovejoy, and Molly Salmi. Chairman OWENS. The hearing before the Subcommittee on Select Education will come to order. For over 50 years, the Randolph-Sheppard Act has established opportunities for blind Americans to become self-supporting by providing blind vendors with first priority to operate vending facilities on Federal property. Recent events, however, point to a dangerous trend toward awarding contracts to commercial food services. These actions not only undermine the priority for blind vendors, but constitute a violation of the letter and spirit of the law. The purpose of this hearing is to examine the entire Act, which has not been reviewed by a committee with authorizing jurisdiction in over 12 years. Advocates in the blind community fear that the program is being eroded; that instead of expanding to include more opportunities for individuals with disabilities, it has retrogressed. In light of the Americans with Disabilities Act-a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities"-this type of movement (away from inclusion and towards exclusion in the work place) is unconscionable and must be stopped. We will hear from the Department of Education, the General Services Administration, and a State licensing agency, each of which will review the roles and activities regularly undertaken to protect the priority mandated in the Act. We will also hear testimony from the counsel for a blind advocacy group, an experienced arbiter on Randolph-Sheppard cases, and a blind vendor who runs a successful cafeteria at the Bethesda National Medical Center. I am confident that these expert witnesses will help identify problems and recommend workable solutions. No group is an island, entire of itself; every group is a part of the main so that any affront to one diminishes the whole, to paraphrase John Donne. (1) Therefore, when and where offenses occur, we must rally to ensure the statutory rights of all individuals. [The prepared statement of Hon. Major R. Owens follows:] STATEMENT OF HON. MAJOR R. OWENS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK For over 50 years the Randolph-Sheppard Act has established opportunities for blind Americans to become self-supporting by providing blind vendors with first priority to operate vending facilities on Federal property. Recent events, however, point to a dangerous trend toward awarding contracts to commercial food services. These actions not only undermine the priority for blind vendors, but constitute a violation of the letter and spirit of the law. The purpose of this hearing is to examine the entire act, which has not been reviewed by a committee with authorizing jurisdiction in over 12 years. Advocates in the blind community fear that the program is being eroded; that instead of expanding to include more opportunities for individuals with disabilities, it has retrogressed. In light of the Americans with Disabilities Act-a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities"-this type of movement (away from inclusion and towards exclusion in the work place) is unconscionable and must be stopped. We will hear from the Department of Education, the General Services Administration, and a State licensing agency, each of which will review the roles and activities regularly undertaken to protect the priority mandated in the Act. We will also hear testimony from the counsel for a blind advocacy group, an experienced arbiter on Randolph-Sheppard cases, and a blind vendor who runs a successful cafeteria at the Bethesda National Medical Center. I am confident that these expert witnesses will help identify problems and recommend workable solutions. No group is an island, entire of itself; every group is a part of the main so that any affront to one, diminishes the whole, to paraphrase John Donne. Therefore, when and where offenses occur, we must rally to ensure the statutory rights of all individuals. Chairman OWENS. I yield to Mr. Ballenger for an opening state ment. Mr. BALLENGER. Thank you, Mr. Chairman; and I would like to apologize to the people at the hearing here, because I have to attend two other meetings immediately after this. But, Mr. Chairman, as you know, the Republican Members of this subcommittee requested that this hearing be postponed until after the pending arbitration, involving four of our witnesses today, is complete. While you have assured us that this specific case will not be the focus of this hearing, we believe that this hearing is untimely due to the pending arbitration between the General Services Administration and the District of Columbia State Licensing Agency. In view of this, I would like to submit for the record our correspondence reflecting those concerns and your response. I am also disappointed that there is no panel before us today to address the issue of allowing people with disabilities other than blind people to operate vending facilities on Federal property. While I understand this is an extremely sensitive and controversial issue, I believe the first oversight hearing on the RandolphSheppard Act by the House since the 1974 amendments should have had witnesses to address this issue. If the subcommittee plans to pursue amendments to the Randolph-Sheppard Act during this Congress or in the future, I strongly urge that the issue on expanded eligibility be seriously considered. Thank you, Mr. Chairman. [The prepared statement of Hon. Cass Ballenger follows:] STATEMENT OF HON. CASS BALLENGER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NORTH CAROLINA Mr. Chairman, as you know, the Republican members of this subcommittee requested this meeting be postponed until after the pending arbitration hearing directly involving four of our witnesses today is complete. While you have assured us this specific case will not be the focus of this hearing, we believe that this hearing is untimely due to pending arbitration between the General Services Administration and the District of Columbia's State Licensing Agency. In view of this, I would like to submit for the record our correspondence reflecting those concerns and your response. I am also disappointed that there is no panel before us today to address the issue of allowing people with disabilities, other than blind people, to operate vending facilities on Federal property. While I understand this is an extremely sensitive and controversial issue, I believe that the first oversight hearing on Randolph-Sheppard by the House since the 1974 amendments should have had witnesses to address this issue. If the subcommittee plans to produce amendments to the Randolph-Sheppard Act during this Congress or in the future, I strongly urge that the issue on expanded eligibility be seriously considered. MAJORITY MEMBERS WILLIAM FORD, MICHIGAN JOSEPH M. GAYDOS, PENNSYLVANIA GEORGE MILLER CALIFORNIA AUSTIN J. MURPHY, PENNSYLVANIA DALE & KILDEE, MICHIGAN PAT WILLIAMS, MONTANA MATTHEW G. MARTINEZ CALIFORNIA MAJOR & OWENS, NEW YORK CHARLES A HAYES, ILLINOIS DONALD M. PAYNE, NEW JERSEY ROBERT A ANDREWS, NEW JERSEY TIM ROEMER INDIANA JOHN W.OLVER, MASSACHUSETTS RON DE LUGO. VIRGIN ISLANDS JANNE & FUSTER PUERTO RICO COMMITTEE ON EDUCATION AND LABOR U.S. HOUSE OF REPRESENTATIVES 2181 RAYBURN HOUSE OFFICE BUILDING October 24, 1991 MINORITY MEMBERS: WILLIAM. GOOOLING, PENNSYLVANIA SUSAN MOLINARI, NEW YORK BILL BARRETT, NEBRASKA TELEPHONES: MAJORITY-1202) 228-4827 (02) 228-4944 MINORITY-002) 228-3725 (TM) 202) 228-3727 The Honorable Major Owens Chairman Subcommittee on Select Education Dear Mr. Chairman: We are writing to request that you postpone the oversight It is our understanding from staff that you want to focus this Moreover, we believe all aspects of the Randolph Sheppard Act We appreciate your attention to this matter, and look forward to Can Ballenger CASS BALLENGER Sokly SCOTT LUG Sincerely, Bill Godling BILL GOODLING This latter is in response to your request to postpone the scheduled oversight hearing on the Randolph-Sheppard Act. As your staff has been informed, this hearing will review all aspects of the Act including, but not limited to, statutory arbitration procedures. I am aware of the arbitration pending between The District of Columbia's State Licensing Agency and the General Services Administration; however, Ï can assure you that this hearing will not focus on any pending arbitration. Since there has been no oversight of this Act by a committee with authorizing jurisdiction in over 12 years, it is important that we give it serious review to ascertain the extent to which the mandated priority has been protected. Because of our crowded schedule, I fear that any further postponement would preclude holding the hearing before adjournment. I am pleased that you strongly agree with and support my efforts in this matter. Your interest in this hearing is appreciated and I look forward to your participation. |