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(c) The Commission shall at all times keep informed concerning the operation and effect of provisions relating to duties or other import restrictions of the United States contained in trade agreements entered into under the trade agreements program. (Pub. L. 93-618, title VI, § 603, Jan. 3, 1975, 88 Stat. 2073.)

§ 2483. Consequential changes in Tariff Schedules of the United States.

The President shall from time to time, as appropriate, embody in the Tariff Schedules of the United States the substance of the relevant provisions of this chapter, and of other Acts affecting import treatment, and actions thereunder, including modification, continuance, or imposition of any rate of duty or other import restriction. (Pub. L. 93-618, title VI, § 604, Jan. 3, 1975, 88 Stat. 2073.)

§ 2484. International drug control.

The President shall submit a report to Congress at least once each calendar year listing those foreign countries in which narcotic drugs and other controlled substances (as listed under section 812 of Title 21) are produced, processed, or transported for unlawful entry into the United States. Such report shall include a description of the measures such countries are taking to prevent such production, processing, or transport. (Pub. L. 93-618, title VI, § 606, Jan. 3, 1975, 88 Stat. 2073.)

§ 2485. Voluntary limitations on export of steel to United States.

No person shall be liable for damages, penalties, or other sanctions under the Federal Trade Commission Act or the Antitrust Acts (as defined in section 44 of Title 15), or under any similar State law, on account of his negotiating, entering into, participating in, or implementing an arrangement providing for the voluntary limitation on exports of

steel and steel products to the United States, or any modification or renewal of such an arrangement, if such arrangement or such modification or renewal

(1) was undertaken prior to January 3, 1975, at the request of the Secretary of State or his delegate, and

(2) ceases to be effective not later than January 1, 1975.

(Pub. L. 93-618, title VI, § 607, Jan. 3, 1975, 88 Stat. 2073.)

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in text, is classified to section 41 et seq. of Title 15, Commerce and Trade.

§ 2486. Trade relations with Canada.

It is the sense of the Congress that the United States should enter into a trade agreement with Canada which will guarantee continued stability to the economies of the United States and Canada. In order to promote such economic stability, the President may initiate negotiations for a trade agreement with Canada to establish a free trade area covering the United States and Canada. Nothing in this section shall be construed as prior approval of any legislation which may be necessary to implement such a trade agreement. (Pub. L. 93-618, title VI, § 612, Jan. 3, 1975, 88 Stat. 2076.)

§ 2487. Limitation on credit to Russia.

After January 3, 1975, no agency of the Government of the United States, other than the Commodity Credit Corporation, shall approve any loans, guarantees, insurance, or any combination thereof, in connection with exports to the Union of Soviet Socialist Republics in an aggregate amount in excess of $300,000,000 without prior congressional approval as provided by law. (Pub. L. 93-618, title VI, § 613, Jan. 3, 1975, 88 Stat. 2076.)

Chap.

TITLE 20.-EDUCATION

Sec.

1601

36. Emergency School Aid [New].

37. Assignment or Transportation of Students: General Provisions [New].

1651

[blocks in formation]

Ex. Ord. No. 11185, Oct. 16, 1964, 29 F.R. 14399, as amended by Ex. Ord. No. 11260, Dec. 11, 1965, 30 F.R. 15395; Ex. Ord. No. 11661, Mar. 24, 1972, 37 F.R. 6281, formerly set out as a note under this section, which provided for the coordination of federal education programs, was superseded by Ex. Ord. No. 11761, Jan. 17, 1974, 39 F.R. 2345, set out as a note under section 1221 of this title.

§ 2. Repealed. Pub. L. 92-318, title III, § 301(b)(2)(A), June 23, 1972, 86 Stat. 332.

Section, R.S. § 517, provided for the appointment of a Commissioner of Education to manage the Office of Education, now covered by section 1221c of this title.

EFFECTIVE DATE OF REPEAL

Section 301(b) (2) (A) of Pub. L. 92-318 provided in part that the repeal of this section shall be effective July 1, 1972.

Chapter

2.-TEACHING OF AGRICULTURAL, TRADE, HOME ECONOMICS, AND INDUSTRIAL SUBJECTS

§ 13. Same; paying salaries of teachers of trade, home economics, and industrial subjects; amounts; allotment of funds to States.

For the purpose of cooperating with the States in paying the salaries of teachers of trade, home economics, and industrial subjects there is annually appropriated for the use of the States the sum of $3,000,000. Said appropriation shall be allotted to the States in the proportion which their urban population bears to the total urban population in the United States, not including outlying possessions, according to the last preceding United States census. The allotment of funds to any State shall be not less Page 1173

40-190 0-75-Vol. 1 -77

than a minimum of $10,000 for any fiscal year. There is appropriated the sum of $50,000 annually, or so much thereof as may be needed, which shall be used for the purpose of providing the minimum allotment to the States provided for in this section.

Not more than 20 per centum of the money appropriated under sections 11 to 15 and 16 to 28 of this title for the payment of salaries of teachers of trade, home economics, and industrial subjects, for any year, shall be expended for the salaries of teachers of home economics subjects. (Feb. 23, 1917, ch. 114, § 3, 39 Stat. 930.)

CODIFICATION

Section is set out in this Supplement to correct a typographical error.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 11, 12, 16, 18, 19, 20, 22, 23, 24, 25, 26, 27, 28 of this title.

Chapter 3.-SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES

§ 65a. Director of the National Museum; duties; programs and studies; annual report to Congress; authorization of appropriations.

(a) The Director of the National Museum under the direction of the Secretary of the Smithsonian Institution shall

(4) perform research on, and otherwise contribute to, the development of museum techniques, with emphasis on museum conservation and the development of a national institute for museum conservation;

(b) There are authorized to be appropriated to the Smithsonian Institution such sums as may be necessary to carry out the purposes of this section: Provided, That no more than $1,000,000 shall be appropriated annually through fiscal year 1977, of which no less than $200,000 annually shall be allocated and used to carry out the purposes of subsection (a) (4) of this section. (As amended Pub. L. 93345, §§ 1, 2, July 12, 1974, 88 Stat. 339.)

AMENDMENTS

1974-Subsec. (a) (4). Pub, L. 93-345, § 1, inserted ", with emphasis on museum conservation and the development of a national institute for museum conservation" following "museum techniques".

Subsec. (b). Pub. L. 93-345, § 2, substituted provisions limiting to $1,000,000 the amount which may be appropriated annually through fiscal year 1977, with no less than $200,000 annually to be allocated and used to carry out the purposes of subsection (a) (4) of this section for provisions limiting to $1,000,000 the amount which could be appropriated annually through fiscal year 1974, of which $300,000 annually had to be allocated and used according to the formula of 33 per centum for purposes of subsec. (a) (2), 333 per centum for assistance to museums under section 954 (c) of this title, and 333 per centum for assistance to museums under section 956 (c) of this title.

§ 71. National Gallery of Art; designation of site.

SECTION REFERRED TO IN D.C. CODE This section is referred to in section 9-145 of the District of Columbia Code.

Chapter 4.-NATIONAL ZOOLOGICAL PARK

§ 84. Same; plans for buildings and bridges.

CODIFICATION

Section is also set out in D.C. Code, § 8-134.

Chapter 5.-GOVERNMENT COLLECTIONS AND INSTITUTIONS FOR RESEARCH, AND MATERIAL FOR EDUCATIONAL INSTITUTIONS

§ 91. Literary and scientific collections accessible to investigators and students.

The facilities for study research and illustration in the Government departments and in the following and any other governmental collections now existing or hereafter to be established in the city of Washington for the promotion of knowledge shall be accessible, under such rules and restrictions as the officers in charge of each department or collection may prescribe, subject to such authority as is now or may hereafter be permitted by law, to the scientific investigators and to duly qualified individuals, students and graduates of any institution of learning in the several States and Territories and the District of Columbia, to wit: One. Of the Library of Congress. Two. Of the National Museum. Three. Of the Patent and Trademark Office. Four. Of the Office of Education. Five. Of the Bureau of Ethnology. Six. Of the Army Medical Museum. Seven. Of the Department of Agriculture. Eight. Of the Fish and Wildlife Service. Nine. Of the Botanic Gardens.

Ten. Of the Coast and Geodetic Survey.
Eleven. Of the Geological Survey.
Twelve. Of the Naval Observatory.
Thirteen. Of the Zoological Park.

Fourteen. Of the Government Printing Office. (As amended Jan. 2, 1975, Pub. L. 93-596, § 3, 88 Stat. 1949.)

AMENDMENTS

1975-Pub. L. 93-596 substituted "Patent and Trademark Office" for "Patent Office".

TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

Chapter 6A.-VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

Sec. 107b-1. Access to information with State licensing agencies; Election and responsibilities of Committee of Blind Vendors [New].

107b-2. Standards, studies, and reports [New]. 107b-3. Audit of nonappropriated fund activities [New]. 107d-1. Grievances of blind licensees; hearing and arbitration; noncompliance by federal departments and agencies; complaints by state licensing agencies; arbitration [New].

Sec.

107d-2. Arbitration [New].

(a) Notice and hearing.

(b) Composition of panel; designation of
chairman; termination of violations.
(c) Publication of decisions in Federal Reg-
ister.

(d) Payment of costs by the Secretary.

107d-3. Vending machine income [New].

(a) Accrual to blind licensee and alternatively to state agency; ceiling on

amount for individual licensee.

(b) Direct competition between vending machine and vending facility; proportion of accrued income from such vending machines for individual licensee.

(c) Disposal of accrued vending machine income by state licensing agency.

(d) Income from vending machines in certain locations excepted.

(e) Regulations establishing priority for operation of cafeterias.

(f) Existing arrangements more favorable to blind licensees unaffected.

(g) Regulations for compliance.

107d-4. Training programs for maximum vocational potential for blind [New].

CHAPTER REFERRED TO IN D.C. CODE

This chapter is referred to in section 1-244 of the District of Columbia Code.

§ 107. Operation of vending facilities authorized; preferences regulations; justification for limitation on such operation.

(a) For the purposes 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 this chapter shall be authorized to operate vending facilities on any Federal property.

(b) In authorizing the operation of vending facilities on Federal property, priority shall be given to blind persons licensed by a State agency as provided in this chapter; and the Secretary, through the Commissioner, shall, after consultation with the Administrator of General Services and other heads of departments, agencies, or instrumentalities of the United States in control of the maintenance, operation, and protection of Federal property, prescribe regulations designed to assure that—

(1) the priority under this subsection is given to such licensed blind persons (including assignment of vending machine income pursuant to section 107d-3 of this title to achieve and protect such priority), and

(2) wherever feasible, one or more vending facilities are established on all Federal property to the extent that any such facility or facilities would not adversely affect the interests of the United States.

Any limitation on the placement or operation of a vending facility based on a finding that such placement or operation would adversely affect the interests of the United States shall be fully justified in writing to the Secretary, who shall determine whether such limitation is justified. A determination made by the Secretary pursuant to this provision shall be binding on any department, agency,

or instrumentality of the United States affected by such determination. The Secretary shall publish such determination, along with supporting documentation, in the Federal Register. (As amended Dec. 7, 1974, Pub. L. 93-516, title II, § 202, 88 Stat. 1623.)

AMENDMENTS

1974 Subsec. (a). Pub. L. 93-516 designated first sentence of existing provisions as subsec. (a), and in subsec. (a), as so designated, substituted "purposes" for "purpose", "vending facilities" for "vending stands", and struck out "where such vending stands may be properly and satisfactorily operated by blind persons".

Subsec. (b). Pub. L. 93-516 designated second sentence of existing provisions as subsec. (b), in the provisions preceding par. (1) of subsec. (b) as so designated, substituted reference to vending facilities for reference to vending stands, substituted provisions requiring that priority be given to blind persons for provisions requiring that preference be given so far as feasible to blind persons, substituted provisions authorizing the Secretary after consultation with the Administrator of General Services, and other heads of departments, agencies, or instrumentalities of the United States in control of maintenance, operation, and protection of federal property to prescribe regulations for provisions authorizing the head of each department or agency in control of the maintenance, operation, and protection of federal property after consultation with the Secretary and with the approval of the President to prescribe regulations, struck out provisions that such regulations assure such preference including assignment of vending machine income to achieve and protect such preference for such blind persons without unduly inconveniencing such departments and agencies or adversely affecting the interests of the United States, and added pars. (1) and (2) and provisions following par. (2).

SHORT TITLE OF 1974 AMENDMENT

Section 200 of Pub. L. 93–516 provided that: "This title [enacting sections 107b-1 to 107b-3 and 107d-1 to 107d4 of this title, amending this section and sections 107a, 107b, 107d, 107e of this title, and section 5108 of Title 5, Government Organization and Employees, repealing sections 107c and 107e-1 of this title, and enacting provisions set out as notes under this section and section 702 of Title 29, Labor] may be cited as the 'RandolphSheppard Act Amendments of 1974'."

CONGRESSIONAL FINDINGS

Section 201 of Pub. L. 93-516 provided that:

"The Congress finds

"(1) after review of the operation of the blind vending stand program authorized under the RandolphSheppard Act of June 20, 1936 [this chapter], that the program has not developed, and has not been sustained, in the manner and spirit in which the Congress intended at the time of its enactment, and that, in fact, the growth of the program has been inhibited by a number of external forces;

"(2) that the potential exists for doubling the number of blind operators on Federal and other property under the Randolph-Sheppard program within the next five years, provided the obstacles to growth are removed, that legislative and administrative means exist to remove such obstacles, and that Congress should adopt legislation to that end; and

"(3) that at a minimum the following actions must be taken to insure the continued vitality and expansion of the Randolph-Sheppard program

"(A) establish uniformity of treatment of blind vendors by all Federal departments, agencies, and instrumentalities,

"(B) establish guidelines for the operation of the program by State licensing agencies,

"(C) require coordination among the several entities with responsibility for the program,

"(D) establish a priority for vending facilities operated by blind vendors on Federal property,

"(E) establish administrative and judicial procedures under which fair treatment of blind vendors, State licensing agencies, and the Federal Government is assured,

"(F) require stronger administration and oversight functions in the Federal office carrying out the program, and

"(G) accomplish other legislative and administrative objectives which will permit the RandolphSheppard program to flourish."

DELEGATION OF FUNCTIONS

Authority of the President under this section to approve regulations prescribed by the heads of the respective departments and agencies thereunder delegated to the Secretary of Health, Education, and Welfare, see section 3(1) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

EXECUTIVE ORDER No. 10604

Ex. Ord. No. 10604, Apr. 22, 1955, 20 F.R. 2747, set out as a note under this section, which delegated to the Director of the Bureau of the Budget the authority vested in the President under this section to approve regulations prescribed by the head of the respective departments and agencies, was superseded by Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

SECTION REFERRED TO IN OTHER SECTIONS This section is refererd to in sections 107a, 107d-1 of this title; title 39 section 410.

§ 107a. Surveys by Secretary of Health, Education, and Welfare; designating State licensing agencies; qualifications for license; preferences; selection of locations.

(a) The Secretary of Health, Education, and Welfare shall—

(1) Insure that the Rehabilitation Services Administration is the principal agency for carrying out this chapter; and the Commissioner shall, within one hundred and eighty days after December 7, 1974, establish requirements for the uniform application of this chapter by each State agency designated under paragraph (5) of this subsection, including appropriate accounting procedures, policies on the selection and establishment of new vending facilities, distribution of income to blind vendors, and the use and control of set-aside funds under section 107b (3) of this title;

(2) Through the Commissioner, make annual surveys of concession vending opportunities for blind persons on Federal and other property in the United States, particularly with respect to Federal property under the control of the General Services Administration, the Department of Defense, and the United States Postal Service;

(3) Make surveys throughout the United States of industries with a view to obtaining information that will assist blind persons to obtain employment;

(4) 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;

(5) Designate as provided in section 107b of this title the State agency for the blind in each State, or, in any State in which there is no such agency, some other public agency to issue licenses to blind persons who are citizens of the United States for the operating of vending facilities on Federal and

other property in such State for the vending of newspapers, periodicals, confections, tobacco products, foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, as determined by State licensing agency, and including the vending or exchange of chances for any lottery authorized by State law and conducted by an agency of a State; and

(6) Through the Commission, (A) conduct periodic evaluations of the program authorized by this chapter, including upward mobility and other training required by section 107d-4 of this title, and annually submit to the appropriate committees of Congress a report based on such evaluations, and (B) take such other steps, including the issuance of such rules and regulations, as may be necessary or desirable in carrying out the provisions of this chapter.

(b) The State licensing agency shall, in issuing each such license for the operation of a vending facility, give preference to blind persons who are in need of employment. Each such license shall be issued for an indefinite period but may be terminated by the State licensing agency if it is satisfied that the facility is not being operated in accordance with the rules and regulations prescribed by such licensing agency. Such licenses shall be issued only to applicants who are blind within the meaning of section 107e of this title.

(c) The State licensing agency designated by the Secretary is authorized, with the approval of the head of the department or agency in control of the maintenance, operation, and protection of the Federal property on which the facility is to be located but subject to regulations prescribed pursuant to section 107 of this title, to select a location for such facility and the type of facility to be provided.

(d) (1) After January 1, 1975, no department, agency, or instrumentality of the United States shall undertake to acquire by ownership, rent, lease, or to otherwise occupy, in whole or in part, any building unless, after consultation with the head of such department, agency, or instrumentality and the State licensing agency, it is determined by the Secretary that (A) such building includes a satisfactory site or sites for the location and operation of a vending facility by a blind person, or (B) if a building is to be constructed, substantially altered, or renovated, or in the case of a building that is already occupied on such date by such department, agency, or instrumentality, is to be substantially altered or renovated for use by such department, agency, or instrumentaitly, the design for such construction, substantial alteration, or renovation includes a satisfactory site or sites for the location and operation of a vending facility by a blind person. Each such department, agency, or instrumentality shall provide notice to the appropriate State licensing agency of its plans for occupation, acquisition, renovation, or relocation of a building adequate to permit such State agency to determine whether such building includes a satisfactory site or sites for a vending facility.

(2) The provisions of paragraph (1) shall not apply (A) when the Secretary and the State licensing

agency determine that the number of people using the property is or will be insufficient to support a vending facility, or (B) to any privately owned building, any part of which is leased by any department, agency, or instrumentality of the United States and in which, (i) prior to the execution of such lease, the lessor or any of his tenants had in operation a restaurant or other food facility in a part of the building not included in such lease, and (ii) the operation of such a vending facility by a blind person would be in proximate and substantial direct competition with such restaurant or other food facility except that each such department, agency, and instrumentality shall make every effort to lease property in privately owned buildings capable of accommodating a vending facility.

(3) For the purposes of this subsection, the term "satisfactory site" means an area determined by the Secretary to have sufficient space, electrical and plumbing outlets, and such other facilities as the Secretary may by regulation prescribe, for the location and operation of a vending facility by a blind person.

(e) In any State having an approved plan for vocational rehabilitation pursuant to the Vocational Rehabilitation Act or the Rehabilitation Act of 1973, the State licensing agency designated under paragraph (5) of subsection (a) of this section shall be the State agency designated under section 721 (a) (1) (A) of Title 29. (As amended Dec. 7, 1974, Pub. L. 93-516, title II, § 203, 88 Stat. 1623.)

REFERENCES IN TEXT

The Vocational Rehabilitation Act, referred to in subsec. (e), refers to act June 2, 1920, ch. 219, 41 Stat. 735, as amended, which was classified to section 31 et seq. of Title 29, Labor, and was repealed by section 500 (a) of Pub. L. 93-112. See section 701 et seq. of Title 29.

The Rehabilitation Act of 1973, referred to in subsec. (e), refers to Pub. L. 93-112, which is classified to section 701 et seq. of Title 29.

1974 subsec. (a)(2).

AMENDMENTS

Subsec. (a) (1). Pub. L. 93-516, § 203 (a) (1), added (a) (1). Former subsec. (a) (1) redesignated

Subsec. (a) (2). Pub. L. 93-516, § 203 (a) (1), (2), redesignated former subsec. (a) (1) as (a) (2), and in subsec. (a) (2) as so redesignated, substituted "Through the Commissioner, make annual surveys of concessions vending opportunities for blind persons on Federal and other property in the United States, particularly with respect to Federal property under the control of the General Services Administration, the Department of Defense, and the United States Postal Service" for "Make surveys of concession-stand opportunities for blind persons on Federal and other property in the United States". Former subsec. (a) (2) redesignated (a) (3).

Subsec. (a) (3). Pub. L. 93-516, § 203 (a) (1), redesignnated former subsec. (a) (2) as (a) (3). Former subsec. (a) (3) redesignated (a) (4).

Subsec. (a) (4). Pub. L. 93-516, § 203 (a) (1), redesignated former subsec. (a) (3) as (a) (4). Former subsec. (a) (4) redesignated (a) (5).

Subsec. (a) (5). Pub. L. 93-516, § 203 (a) (1), (3), redesignated former subsec. (a) (4) as (a) (5), and in subsec. (a) (5) as so redesignated, substituted "State agency for the blind in each State, or in any State in which there is no such agency, some other public agency to issue licenses to blind persons who are citizens of the United States for the operating of vending facilities" for "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

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