President of its judgment as to the probable economic effect on the industry concerned of the reduction or termination of the increase in, or imposition of, any duty or other import restriction pursuant to this section or section 7 of the Trade Agreements Extension Act of 1951.

(3) Upon petition on behalf of the industry concerned, filed with the Tariff Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date any increase or imposition referred to in paragraph (1) or (2) of subsection (c) of this section is to terminate by reason of the expiration of the applicable period prescribed in paragraph (1) or an extension thereof under paragraph (2), the Tariff Commission shall advise the President of its judgment as to the probable economic effect on such industry of such termination.

(4) In advising the President under this subsection as to the probable economic effect on the industry concerned, the Tariff Commission shall take into account all economic factors which it considers relevant, including idling of productive facilities, inability to operate at a level of reasonable profit, and unemployment or underemployment.

(5) Advice by the Tariff Commission under this subsection shall be given on the basis of an investigation during the course of which the Tariff Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard. (e) Conformity of trade agreements with this section. The President, as soon as practicable, shall take such action as he determines to be necessary to bring trade agreements entered into under section 1351 of this title into conformity with the provisions of this section. No trade agreement shall be entered into under section 1821 (a) of this title unless such agreement permits action in conformity with the provisions of this section. (Pub. L. 87-794, title III, § 351, Oct. 11, 1962, 76 Stat. 899.)

REFERENCES IN TEXT

Section 7 of the Trade Agreements Extension Act of 1951, referred to in subsecs. (c) (1), (2), and (d) (1), (2), was classified to section 1364 of this title, and was repealed by section 257(e) (1) of Pub. L. 87-794.

§ 1982. Orderly marketing agreements; negotiation; regulations governing entry or withdrawal from warehouse.

(a) After receiving an affirmative finding of the Tariff Commission under section 1901(b) of this title with respect to an industry, the President may, in lieu of exercising the authority contained in section 1981 (a) (1) of this title but subject to the provisions of sections 1981 (a) (2), (3), and (4) of this title, negotiate international agreements with foreign countries limiting the export from such countries and the import into the United States of the article

causing or threatening to cause serious injury to such industry, whenever he determines that such action would be more appropriate to prevent or remedy serious injury to such industry than action under section 1981 (a) (1) of this title.

(b) In order to carry out an agreement concluded under subsection (a) of this section, the President is authorized to issue regulations governing the entry or withdrawal from warehouse of the article covered by such agreement. In addition, in order to carry out a multilateral agreement concluded under subsection (a) of this section among countries accounting for a significant part of world trade in the article covered by such agreement, the President is also authorized to issue regulations governing the entry or withdrawal from warehouse of the like article which is the product of countries not parties to such agreement. (Pub. L. 87-794, title III, § 352, Oct. 11, 1962, 76 Stat. 901.)

PART V.-ADVISORY BOARD

§ 1991. Adjustment Assistance Advisory Board. (a) Establishment; composition; participation of officers of other agencies of executive branch. There is created the Adjustment Assistance Advisory Board, which shall consist of the Secretary of Commerce, as Chairman, and the Secretaries of the Treasury, Agriculture, Labor, Interior, and Health, Education, and Welfare, the Administrator of the Small Business Administration, and such other officers as the President deems appropriate. Each member of the Board may designate an officer of his agency to act for him as a member of the Board. The Chairman may from time to time invite the participation of officers of other agencies of the executive branch.

(b) Advice on development of coordinated programs.

At the request of the President, the Board shall advise him and the agencies furnishing adjustment assistance pursuant to parts II and III of this subchapter on the development of coordinated programs for such assistance, giving full consideration to ways of preserving and restoring the employment relationship of firms and workers where possible, consistent with sound economic adjustment.

(c) Industry committees; appointment; compensation and reimbursement.

The Chairman may appoint for any industry an industry committee composed of members representing employers, workers, and the public, for the purpose of advising the Board. Members of any such committee shall, while attending meetings, be entitled to receive compensation and reimbursement as provided in section 1802 (3) of this title. The provisions of section 583 of Title 20 shall apply to members of such committee. (Pub. L. 87-794, title III, § 361, Oct. 11, 1962, 76 Stat. 901.)

:

schools and school systems, and methods of teaching, as shall aid the people of the United States in the establishment and maintenance of efficient school systems, and otherwise promote the cause of education throughout the country. (R. S. § 516; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F. R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.) DERIVATION

Acts Mar. 2, 1867, ch. 158, § 1, 14 Stat. 434; July 20, 1868, ch. 176, § 1, 15 Stat. 92, 106.

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

The Office of Education was originally established in the Department of the Interior from which it was transferred to the Federal Security Agency by 1939 Reorg. Plan No. I, which is set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

In the appropriation act of July 12, 1870, ch. 251, 16 Stat. 242, the Office was designated the Bureau of Education. This designation was retained until the act of May 14, 1930, ch. 273, 46 Stat. 281, 319, which made appropriations for the "Office of Education." Since that time, all appropriations have been made to the "Office of Education."

Ex. ORD. NO. 11185. COORDINATION OF FEDERAL EDUCATION PROGRAMS

Ex. Ord. No. 11185, Oct. 16, 1961, 29 F.R. 14399, provided: WHEREAS sound public policy requires a continuing appraisal of the relation of Federal educational activities to the educational needs and goals of the Nation and to its educational systems and institutions; and

WHEREAS the scope of, and program outlays for. Federal educational activities have been expanded greatly and have a significant influence on education in this country and on the American people; and

WHEREAS many Federal agencies are involved both directly and indirectly in carrying on educational programs either as Federal activities or in cooperation with State and local units of government; and

WHEREAS closer coordination of Federal educational activities will facilitate the resolution of common problems and otherwise promote effective planning and management of such activities; and

WHEREAS, under the direction of the Secretary of Health, Education, and Welfare (hereinafter referred to as the Secretary), the Office of Education is directed by law to collect data on the progress of education, provide information to aid in the maintenance of efficient school systems, and otherwise promote the cause of education throughout the country (14 Stat. 434; 20 U.S.C. 1) (this section]:

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is hereby ordered as follows:

SECTION 1. Functions of the Secretary of Health, Education, and Welfare. The Secretary, with the assistance of the Commissioner of Education (hereinafter referred to

as the Commissioner), shall identify the education needs and goals of the Nation and from time to time shall recommend to the President policies for promoting the progress of education.

SEC. 2. Functions of the Commissioner of Education. Under the direction of the Secretary, the Commissioner shall:

(a) study the current effects of Federal activities upon the educational programs of State, local and nonprofit educational institutions, assess future trends of such activities, and (taking into consideration the relationship between education and policies in fields such as manpower development, defense, military manpower, economic growth, and science) develop recommendations for educational activities, or for coordination of policies affecting such activities;

(b) exercise leadership in seeking timely resolution of differences of opinion concerning policies or administrative practices with respect to Federal educational activities affecting educational institutions;

(c) make appropriate arrangements for obtaining advice and information, including establishment of ad hoc working groups to consider special problems, and utilizing existing interagency machinery wherever appropriate; and

(d) exercise initiative in obtaining pertinent and consistent data permitting an overview of Federal educational activities.

SEC. 3. Agency responsibilities. The heads of Federal agencies, as to their respective education related programs, shall:

(a) insofar as practicable, take such actions as may be necessary to assure: (1) conformity of their programs with the educational goals and policies of the Nation, as identified by the Secretary, and (2) consistent administrative policies and practices among Federal agencies in the conduct of similar programs;

(b) keep each other fully and currently informed in order to achieve coordinated planning and prevent unnecessary duplication of activities;

(c) provide information requested by the Secretary or the Commissioner on educational matters; and

(d) cooperate with the Secretary and the Commissioner in the conduct of such studies and analyses as may be necessary to carry out the responsibilities and duties assigned by this order. To this end the heads of Federal agencies shall maintain information on current and planned activities that can readily be analyzed in conjunction with information on related activities of other Federal agencies.

SEC. 4. Establishment and functions of a Federal Interagency Committee on Education. (a) There is hereby established a "Federal Interagency Committee on Education" (hereinafter referred to as the "Committee").

(b) The Committee shall advise the Secretary, the Commissioner, and the heads of Federal agencies in connection with the responsibilities assigned to them by this order.

(c) The Committee shall be composed of the Commissioner, who shall be the chairman, and one appropriate representative of each of the following: the Department of State, the Department of Defense, the Department of Agriculture, the Department of Labor, the National Science Foundation, the Atomic Energy Commission, and the National Aeronautics and Space Administration.

(d) The chairman may invite Federal agencies additional to those which are represented on the Committee under the provisions of subsection (c), above, to designate representatives to participate in meetings of the Committee on matters of substantial interest to such agencies which are to be considered by the Committee. (e) The Director of the Bureau of the Budget, the Chairman of the Council of Economic Advisers, and the Director of the Office of Science and Technology may each designate a member of his staff to attend meetings of the Committee as an observer.

(f) Each Federal agency which is represented on the Committee under the provisions of subsection (c), ahove including the Department of Health, Education, and Welfare, shall furnish necessary assistance to the Committee in accordance with section 214 of the Act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691) [section 691 of Title 31, Money and Finance].

SEC. 5. Construction. Nothing in this order shall be construed as subjecting any Federal agency, or any function vested by law in, or assigned pursuant to law to, any Federal agency, to the authority of any other Federal agency, or as abrogating or restricting any such function in any manner.

SEC. 6. Definition. Except as may be inconsistent with the provisions of this order or otherwise inappropiate, the term "Federal agency", as used herein, includes any department or other agency or instrumentality (including officers) of the executive branch of the Government of the United States.

§ 2. Commissioner of Education.

LYNDON B. JOHNSON.

The management of the Office of Education shall, subject to the direction and supervision of the Secretary of Health, Education, and Welfare, be intrusted to a Commissioner of Education, who shall be appointed by the President, by and with the advice and consent of the Senate. (R. S. § 517; Mar. 3, 1917, ch. 163, § 1, 39 Stat. 1105; Mar. 3, 1925, ch. 462, 43 Stat. 1179; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F. R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

DERIVATION

Acts Mar. 2, 1867, ch. 158, § 2, 14 Stat. 484; July 20, 1868, ch. 176, § 1, 15 Stat. 92, 106.

CODIFICATION

Provisions for compensation of the Commissioner of Education at $3,000 a year are omitted as obsolete. Compensation of such official is provided for in the Federal Executive Salary Schedule, section 2210 et seq. of Title 5, Executive Departments and Government Officers and Employees.

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

Administration of the Office of Education was transferred to Federal Security Administrator in Federal Security Agency by 1939 Reorg. Plan No. I, which is set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees. CLUBS FOR BOYS AND GIRLS INTERESTED IN SCIENCE; AUTHORIZATION OF APPROPRIATIONS; PURPOSES; PERSONNEL AND FACILITIES

Pub. L. 85-875, Sept. 2, 1958, 72 Stat. 1700, provided: "That in order to strengthen future scientific accomplishment in our Nation by assisting in the development of a body of boys and girls with a special interest in science, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1959, and for each fiscal year thereafter, such sums, not in excess of $50,000, as may be necessary to enable the Commissioner of Education to encourage, foster, and assist in the establishment in localities throughout the Nation of clubs which are composed of boys and girls who have an especial interest in science.

"SEC. 2. (a) The Commissioner of Education shall carry out his duties under the first section with a view to the ultimate chartering by the Congress of a corporation, similar to the Future Farmers of America, which will seek to

"(1) develop an interest in science on the part of the young people of America,

"(2) provide an opportunity for the exchange of scientific information and ideas among members of the clubs,

"(3) encourage the promotion of science fairs at which members of the clubs may display their scientific works and projects, and

"(4) develop an awareness of the satisfactions to be derived through a career devoted to science.

"(b) The Commissioner of Education may utilize any of the personnel and facilities of the Office of Education in carrying out this Act."

§ 2a. Assistant Commissioner of Education; appointment; duties.

CODIFICATION

Section, act May 26, 1930, ch. 330, 46 Stat. 384; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F. R. 2728, 53 Stat. 1424, provided for the appointment of an Assistant Commissioner of Education who should perform such duties as might be directed by the Commissioner of Education and act as commissioner in his absence, with a proviso that the Assistant Commissioner should not aid in promoting correspondence instruction by the bureau or its employees.

1946 Reorg. Plan No. 2, § 7, eff. July 16, 1946, 11 F. R. 7873, 60 Stat. 1096, set out as a note under section 133y16 of Title 5, Executive Departments and Government Officers and Employees, abolished the office of Assistant Commissioner of Education and transferred his functions to the Office of Education to be performed under the direction and control of the Commissioner of Education by those officers and employees of the Office as he designates. § 3. Bulletin of Office of Education.

The Commissioner of Education is authorized to prepare and publish a bulletin of the Office of Education as to the condition of higher education, technical and industrial education, facts as to compulsory attendance in the schools, and such other educational topics in the several States of the Union and in foreign countries as may be deemed of value to the educational interests of the States, and there shall be printed one edition of not exceeding twelve thousand five hundred copies of each issue of said bulletin for distribution by the Office of Education, the expense of printing and binding such bulletin to be charged to the allotment for printing and binding for the Department of Health, Education, and Welfare. (May 28, 1896, ch. 252, § 1, 29 Stat. 171; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F. R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.) CODIFICATION

Section was from Legislative, Executive, and Judical Appropriation Act, 1897.

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

The Office of Education was originally established in the Department of the Interior from which it was transferred to the Federal Security Agency by 1939 Reorg. Plan No. I, which is set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

In the appropriation act of July 12, 1870, ch. 251. 16 Stat. 242. the Office was designated the Bureau of Education. This designation was retained until the act of May 14, 1930, ch. 273. 46 Stat. 281. 319, which made appropriations for the "Office of Education." Since that time, all appropriations have been made to the "Office of Education."

§ 4. Report of Commissioner.

The Commissioner of Education shall present annually to Congress a report embodying the results of his investigations and labors together with a statement of such facts and recommendations as will, in his judgment, subserve the purpose for which the Office is established. (R. S. § 518.)

DERIVATION

Act Mar. 2, 1867, ch. 158, § 3, 14 Stat. 434.

§ 5. Repealed. Oct. 31, 1951, ch. 654, § 1 (36), 65 Stat. 702.

Section, R. S. § 519; acts Feb. 26, 1925, ch. 339, § 3, 43 Stat. 983; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380, provided that the Administrator of General Services should furnish proper offices for the use of the Office of Education.

15cc. Same; State plans.

(a) Requirements for approval.
(b) Approval.

(c) Noncompliance with requirements.

(d) Appeals; Commissioner's findings; jurisdiction; Supreme Court review. 15dd. Same; method of making and computing payments to States.

15ee. Same; duties and authority of Commissioner. 15ff. Same; advisory committees; appointment; compensation; travel expenses.

15gg. Same; amounts paid under other laws unaffected. 15hh. Same; report by Commissioner.

15ii. Same; appropriations for administration. 15jj. Same; definitions.

15aaa. Area vocational education programs; appropriations.

15bbb. Same; allotments to States; amount; reallotment. 15ccc. Same; payments to States. (a) Conditions.

(b) Estimate of amount to be paid. 15ddd. Same; use of funds. 15eee. Same; additional State plan requirements. (a) Amended plan.

(b) Approval.

(c) Noncompliance with requirements.
(d) Appeals; Commissioner's findings; jurisdic-
tion; Supreme Court review.

15fff. Same; appropriations for administration.

Sec.

15ggg. Same; definitions.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

Acceptance of benefits of appropriations by States; creation of State boards. Cooperation between Department of Health, Education, and Welfare and State boards; investigations and reports; employment of assistants. Plans and reports by State boards to be submitted to Department of Health, Education, and Welfare. Expenditure of appropriations; expenses to be borne by States.

Plans by State boards for use of appropriations; for agricultural purposes.

Same; for salaries of teachers of trade, home economics, and industrial subjects.

Same; for training teachers, supervisors, or directors. State custodians of funds appropriated.

Supervision of expenditures by States; quarterly payments to States.

Deductions from allotments when preceding allotments have not been expended.

Withholding allotments.

Loss of funds; replacing; limitation on use.

Reports to Congress by Department of Health, Education, and Welfare.

Repealed.

Benefits extended to Puerto Rico; appropriations; apportionment.

30.

31.

32.

Benefits extended to Virgin Islands; appropriations. Same; allocation of funds.

(a) Education programs, construction and ancillary services and activities.

(b) Apportionment of allotment for various purposes.

(c) Grants to various public institutions for research and development of special vocational education programs for youths.

State plans. (a) Designation of State board and State advisory council; policy and procedure for allocation of allotment; qualifications of persons under plan; arrangements with public employment offices; accounting and fiscal control; labor standards; reports.

(b) Approval of plan by Commissioner. (c) Failure to adhere to plan.

(d) Appeal of Commissioner's action; procedure. Payments to States.

(a) Conditions.

(b) Funds available to pay part of State's annual plan expenses.

(c) Construction costs, funds available to pay. (d) Method of turning over funds to States. Labor standards.

Definitions.

Advisory Committee on Vocational Education.
(a) Establishment; membership; meetings.
(b) Functions of Committee.
(c) Compensation of members.

Use of allotments obtained under other statutes. Review of vocational education programs and laws. (a) Establishment of Advisory Council; purpose. (b) Appointment of Council members; qualifications.

(c) Technical, secretarial, clerical and other assistance and data for Council.

Sec.

35k.

351.

(d) Report of findings and recommendations; termination of Council's existence.

(e) Subsequent Advisory Councils to be appointed; frequency; functions; reports of findings and recommendations.

(f) Compensation of members.

Work-study programs.

(a) Allotments to States; determination of amount; reallotment of unused funds. (b) Eligibility of States to participate; supplementary plan required concerning administration, policies and procedures, priority accorded applications, fiscal control and accounting, and reports.

(c) Administration of program by local educational agency; availability to youths; qualifications of students; maximum work and compensation; public aspect of work; expenditure of funds.

(d) Approval of plan; nonconformity after approval; judicial review of Commissioner's actions.

(g) Students in work-study programs not in Federal service or employees of United States.

Residential vocational education schools; establishment; considerations of need and geographical distribution.

35m. Authorization of appropriations for work-study programs and residential schools.

35n.

Federal direction, supervision, or control.

§ 11. Annual appropriations.

There is annually appropriated, out of any money in the Treasury not otherwise appropriated, the amounts hereinafter provided for, to be paid to the respective States for the purpose of cooperating with the States in paying the salaries of teachers, supervisors, and directors of agricultural subjects, and teachers of trade, home economics, and industrial subjects, and in the preparation of teachers of agricultural, trade, industrial, and home economics subjects, and for the use of the Department of Health, Education, and Welfare for the administration of sections 11-15 and 16-28 of this title and for the purpose of making studies, investigations, and reports to aid in the organization and conduct of vocational education, which sums shall be expended as provided in said sections. (Feb. 23, 1917, ch. 114, § 1, 39 Stat. 929; Ex. Ord. No. 6166, § 15, June 10, 1933; 1929 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F. R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

The functions of the Federal Board for Vocational Education were transferred to the Department of the Interior