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(iii) such country does not discriminate against, or impose unjustifiable or unreasonable barriers to, United States commerce,

then he may designate, or continue the designation of, such country as a beneficiary developing country with respect to such article.

(2) A country which is no longer treated as a beneficiary developing country with respect to an eligible article by reason of this subsection may be redesignated, subject to the provisions of section 2462 of this title, a beneficiary developing country with respect to such article if imports of such article from such country did not exceed the limitations in paragraph (1) of this subsection during the preceding calendar year.

(d) Domestic non-production of likely or directly competitive articles.

Subsection (c) (1) (B) of this section does not apply with respect to any eligible article if a like or directly competitive article is not produced on January 3, 1975, in the United States.

(e) Coffee imported into Puerto Rico.

No action pursuant to section 2461 of this title may affect any tariff duty imposed by the Legislature of Puerto Rico pursuant to section 1319 of this title on coffee imported into Puerto Rico. (Pub. L. 93-618, title V, § 504, Jan. 3, 1975, 88 Stat. 2070.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1202 of this title. § 2465. Time limit on duty-free treatment; report to Congress covering operation of preferences program.

(a) No duty-free treatment under this subchapter shall remain in effect after the date which is 10 years after January 3, 1975.

(b) on or before the date which is 5 years after January 3, 1975, the President shall submit to the Congress a full and complete report of the operation of this subchapter. (Pub. L. 93-618, title V, § 505, Jan. 3, 1975, 88 Stat. 2071.)

SUBCHAPTER VI.-GENERAL PROVISIONS

§ 2481. Definitions.

For purposes of this chapter

(1) The term “duty” includes the rate and form of any import duty, including but not limited to tariff-rate quotas.

(2) The term "other import restriction" includes a limitation, prohibition, charge, and exaction other than duty, imposed on importation or imposed for the regulation of importation. The term does not include any orderly marketing agreement.

(3) The term "ad valorem" includes ad valorem equivalent. Whenever any limitation on the amount by which or to which any rate of duty may be decreased or increased pursuant to a trade agreement is expressed in terms of an ad valorem percentage, the ad valorem amount taken into account for purposes of such limitation shall be determined by the President on the basis of the value of imports of the articles concerned during the most recent representative period.

(4) The term "ad valorem equivalent" means the ad valorem equivalent of a specific rate or, in the case of a combination of rates including a specific rate, the sum of the ad valorem equivalent of the specific rate and of the ad valorem rate. The ad valorem equivalent shall be determined by the President on the basis of the value of imports of the article concerned during the most recent representative period. In determining the value of imports, the President shall utilize, to the maximum extent practicable, the standards of valuation contained in section 1401a or 1402 of this title applicable to the article concerned during such representative period.

(5) An imported article is "directly competitive with" a domestic article at an earlier or later stage of processing, and a domestic article is "directly competitive with" an imported article at an earlier or later stage of processing, if the importation of the article has an economic effect on producers of the domestic article comparable to the effect of importation of articles in the same stage of processing as the domestic article. For purposes of this paragraph, the unprocessed article is at an earlier stage of processing.

(6) The term "modification", as applied to any duty or other import restriction, includes the elimination of any duty or other import restriction.

(7) The term "existing" means (A) when used, without the specification of any date, with respect to any matter relating to entering into or carrying out a trade agreement or other action authorized by this chapter, existing on the day on which such trade agreement is entered into or such other action is taken; and (B) when used with respect to a rate of duty, the nonpreferential rate of duty (however established, and even though temporarily suspended by Act of Congress or otherwise) set forth in rate column numbered 1 of schedules 1 through 7 of the Tariff Schedules of the United States on the date specified or (if no date is specified) on the day referred to in clause (A).

(8) A product of a country or area is an article which is the growth, produce, or manufacture of such country or area.

(9) The term "nondiscriminatory treatment" means most-favored-nation treatment.

(10) The term "commerce" includes services associated with international trade.

(Pub. L. 93-618, title VI, § 601, Jan. 3, 1975, 88 Stat. 2071.)

REFERENCES IN TEXT

The Tariff Schedules of the United States, referred to in par. (7), are set out in section 1202 of this title.

§ 2482. Exercise of functions of International Trade Commission.

(a) In order to expedite the performance of its functions under this chapter, the International Trade Commission may conduct preliminary investigations, determine the scope and manner of its proceedings, and consolidate proceedings before it.

(b) In performing its functions under this chapter, the Commission may exercise any authority granted to it under any other Act.

(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.)

TITLE 20.-EDUCATION

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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.

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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

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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.)

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(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 333 per centum for purposes of subsec. (a) (2), 333 per centum for assistance to museums under section 954 (c) of this title, and 33 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

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