Randolph-Sheppard Financial Relief and Restoration Payments (FRRP) Appropriation
FAQs related to Randolph-Sheppard FRRP Appropriation
On March 12, 2021, RSA issued Frequently Asked Questions: Randolph-Sheppard Act Financial Relief and Restoration Payments Appropriation (FAQ 21-04) to respond to inquiries concerning the administration of this appropriation.
FFY 2021 Estimated Grant Awards by State (updated March 17, 2021)
RSA provides these estimated grant award amounts for FFY 2021 based upon the Congressional Appropriation ($20,000,000) divided by the number of vendors (i.e., 1,786 vendors) as reported by State licensing agencies on the FFY 2019 RSA-15 reports (OMB Control No: 1820-0009).
Federal Register Notice: Emergency Clearance of New Information Collection
On February 16, 2021, the U.S. Department of Education published an emergency clearance of a new information collection resulting from enactment of the Consolidated Appropriations Act of 2021, Division H, Title III. This provision authorized the Secretary of Education to allot $20,000,000 for one-time financial relief and restoration grants consistent with the purposes of the Randolph-Sheppard Act as authorized under section 10 of such Act (20 U.S.C. 107f). Prior to this legislation, Congress has not appropriated funds for the Randolph-Sheppard Vending Facility Program. Therefore, the Department is seeking this data collection in order to meet its obligation to ensure that Federal funds are being used for their prescribed purposes.
Assurances and Use of FRRP Funds Form
RSA provides this information collection (OMB Control No. 1820-0698) containing the assurances and use of FRRP funds for State licensing agencies. The Office of Management and Budget has approved this information collection through August 31, 2021.
Certification of Lobbying Form
State licensing agencies receiving funding under the FRRP Appropriation must submit the Certification Regarding Lobbying Form (ED 80-0013) to RSA to comply with the certification requirements under 34 C.F.R. Part 82, "New Restrictions on Lobbying." This certification is a material representation of fact upon which the U.S. Department of Education relies when it makes a grant or enters into a cooperative agreement.
AbilityOne/RSA Memorandum of Understanding
RSA and the Committee for Purchase From People Who Are Blind or Severely Disabled (operating as the U.S. AbilityOne Commission) agree to work together to increase communication and understanding between the agencies regarding which opportunities are appropriate for persons who are blind to operate vending facilities under the Randolph-Sheppard Act and which are appropriate for placement on the Procurement List under the Javits-Wagner-O’Day Act. Furthermore, AbilityOne and RSA agree to work together to expand entrepreneurial and other employment-related opportunities for individuals who are blind or who have significant disabilities.
Employment outcomes and entrepreneurial opportunities for individuals who are blind or who have significant disabilities can be improved through a closer working relationship between AbilityOne and RSA. This Memorandum of Understanding, executed on January 19, 2021, establishes the framework for AbilityOne and RSA to work more closely together and to encourage their respective stakeholders to also work cooperatively together to promote improved services and entrepreneurial and employment opportunities to their mutual participants.
Report to Congress
On December 21, 2020, RSA transmitted the report on the Randolph-Sheppard Vending Facility Program authorized by the Randolph-Sheppard Act of 1936 to the Committees on Appropriations, pursuant to the congressional explanatory statement to the fiscal year 2020 Further Consolidated Appropriations Act (Pub. L. No. 116-94), signed into law on December 20, 2019. This report summarizes RSA’s progress in the convening of arbitration panels in a timely manner, the review and approval of State licensing agencies’ (SLA) policy changes, and RSA’s work with SLAs to approve routine expenditures, including prior approval requests, associated with the program. The report also describes the technical assistance RSA provided to SLAs and blind vendors.
Appeal of Arbitration Decision Letter
On November 23, 2020, RSA responded to Department of the Army’s appeal of the arbitration panel decision in Oklahoma Department of Rehabilitation Services v. Department of the Army, Fort Sill (Case No. R-S/18-9) via this letter. Under the Randolph-Sheppard Act, there is no right to appeal an adverse arbitration decision to the Secretary of Education. Judicial review in Federal district court is available to aggrieved persons as defined in the Administrative Procedure Act.
Appellate Court Decisions
On January 25, 2021, the U.S. Court of Appeals for the Sixth Circuit issued a decision in State of Ohio, Opportunities for Ohioans with Disabilities, Bureau of Services of Visually Impaired, Business Enterprise Program v. U.S. Department of Education (No. 19-3397).
On September 22, 2020, the U.S. Court of Appeals for the Fourth Circuit issued a decision in State of Kansas, by and through the Kansas Department for Children and Families vs. Source America; Lakeview Center, Inc., and United States Department of Education, United States Department of the Army, and United States Department of Defense (No. 19-1452).
On August 31, 2020, the U.S. Court of Appeals for the Fifth Circuit issued a decision in Texas Workforce Commission vs. United States Department of Education Rehabilitation Services Administration (No. 19-50283).
Operation of Vending Facilities Letter
On March 5, 2018, U.S. Secretary of Education Betsy DeVos sent a letter to Representative Pete Sessions related to the Randolph-Sheppard Act and the operation of vending facilities on Federal property.