 
                   CHAPTER 48--DEPARTMENT OF EDUCATION
 
             SUBCHAPTER II--ESTABLISHMENT OF THE DEPARTMENT
 
Sec. 3411. Establishment of Department; appointment of Secretary

    There is established an executive department to be known as the 
Department of Education. The Department shall be administered, in 
accordance with the provisions of this chapter, under the supervision 
and direction of a Secretary of Education. The Secretary shall be 
appointed by the President, by and with the advice and consent of the 
Senate.

(Pub. L. 96-88, title II, Sec. 201, Oct. 17, 1979, 93 Stat. 671.)

                    Emergency Preparedness Functions

    For assignment of certain emergency preparedness functions to the 
Secretary of Education, see Parts 1, 2, and 6 of Ex. Ord. No. 12656, 
Nov. 18, 1988, 53 F.R. 47491, set out under section 5195 of Title 42, 
The Public Health and Welfare.

                        Executive Order No. 12729

    Ex. Ord. No. 12729, Sept. 24, 1990, 55 F.R. 39389, which established 
the President's Advisory Commission on Educational Excellence for 
Hispanic Americans, directed Secretary of Education to establish the 
White House Initiative on Educational Excellence for Hispanic Americans, 
set forth reporting requirements, and required active involvement of 
executive departments and agencies, was revoked by Ex. Ord. No. 12900, 
Sec. 10, Feb. 22, 1994, 59 F.R. 9061, set out below.

    Ex. Ord. No. 12900. Educational Excellence for Hispanic Americans

    Ex. Ord. No. 12900, Feb. 22, 1994, 59 F.R. 9061, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, and in order to advance the 
development of human potential, to strengthen the Nation's capacity to 
provide high-quality education, and to increase opportunities for 
Hispanic Americans to participate in and benefit from Federal education 
programs, it is hereby ordered as follows:
    Section 1. There shall be established in the Department of Education 
the President's Advisory Commission on Educational Excellence for 
Hispanic Americans (Commission). The Commission shall consist of not 
more than 25 members, who shall be appointed by the President and shall 
report to the Secretary of Education (Secretary). The Commission shall 
comprise representatives who: (a) have a history of involvement with the 
Hispanic community; (b) are from the education, civil rights, and 
business communities; or (c) are from civic associations representing 
the diversity within the Hispanic community. In addition, the President 
may appoint other representatives as he deems appropriate.
    Sec. 2. The Commission shall provide advice to the President and the 
Secretary on: (a) the progress of Hispanic Americans toward achievement 
of the National Education Goals and other standards of educational 
accomplishment; (b) the development, monitoring, and coordination of 
Federal efforts to promote high-quality education for Hispanic 
Americans; (c) ways to increase State, private sector, and community 
involvement in improving education; and (d) ways to expand and 
complement Federal education initiatives. The Commission shall provide 
advice to the President through the Secretary.
    Sec. 3. There shall be established in the Department of Education 
the White House Initiative on Educational Excellence for Hispanic 
Americans (Initiative). The Initiative shall be an interagency working 
group coordinated by the Department of Education and shall be headed by 
a Director, who shall be a senior level Federal official. It shall 
provide the staff, resources, and assistance for the Commission and 
shall serve the Secretary in carrying out his or her responsibilities 
under this order. The Initiative is authorized to utilize the services, 
personnel, information, and facilities of other Federal, State, and 
local agencies with their consent, and with or without reimbursement, 
consistent with applicable law. To the extent permitted by law and 
regulations, each Federal agency shall cooperate in providing resources, 
including personnel detailed to the Initiative, to meet the objectives 
of this order. The Initiative shall include both career civil service 
and appointed staff with expertise in the area of education, and shall 
provide advice to the Secretary on the implementation and coordination 
of education and related programs across Executive agencies.
    Sec. 4. Each Executive department and each agency designated by the 
Secretary shall appoint a senior official, who is a full-time officer of 
the Federal Government and responsible for management or program 
administration, to report directly to the agency head on activity under 
this Executive order and to serve as liaison to the Commission and the 
Initiative. To the extent permitted by law and to the extent 
practicable, each Executive department and designated agency shall 
provide any appropriate information requested by the Commission or the 
staff of the Initiative, including data relating to the eligibility for 
and participation by Hispanic Americans in Federal education programs 
and the progress of Hispanic Americans in relation to the National 
Education Goals. Where adequate data is not available, the Commission 
shall suggest the means of collecting the data.
    Sec. 5. The Secretary, in consultation with the Commission, shall 
submit to the President an Annual Federal Plan to Promote Hispanic 
American Educational Excellence (Annual Federal Plan, or Plan). All 
actions described in the Plan shall be designed to help Hispanic 
Americans attain the educational improvement targets set forth in the 
National Education Goals and any standards established by the National 
Education Standards and Improvement Council. The Plan shall include data 
on eligibility for, and participation by, Hispanic Americans in Federal 
education programs, and such other aspects of the educational status of 
Hispanic Americans as the Secretary considers appropriate. This Plan 
also shall include, as an appendix, the text of the agency plans 
described in section 6 of this order. The Secretary, in consultation 
with the Commission and with the assistance of the Initiative staff, 
shall ensure that superintendents of Hispanic-serving school districts, 
presidents of Hispanic-serving institutions of higher education, 
directors of educational programs for Hispanic Americans, and other 
appropriate individuals are given the opportunity to comment on the 
proposed Annual Federal Plan. For purposes of this order, a ``Hispanic-
serving'' school district or institution of higher education is any 
local education agency or institution of higher education, respectively, 
whose student population is more than 25 percent Hispanic.
    Sec. 6. As part of the development of the Annual Federal Plan, each 
Executive department and each designated agency (hereinafter in this 
section referred to collectively as ``agency'') shall prepare a plan 
for, and shall document, both that agency's effort to increase Hispanic 
American participation in Federal education programs where Hispanic 
Americans currently are underserved, and that agency's effort to improve 
educational outcomes for Hispanic Americans participating in Federal 
education programs. This plan shall address, among other relevant 
issues: (a) the elimination of unintended regulatory barriers to 
Hispanic American participation in Federal education programs; (b) the 
adequacy of announcements of program opportunities of interest to 
Hispanic-serving school districts, institutions of higher education, and 
agencies; and (c) ways of eliminating educational inequalities and 
disadvantages faced by Hispanic Americans. It also shall emphasize the 
facilitation of technical, planning, and development advice to Hispanic-
serving school districts and institutions of higher education. Each 
agency's plan shall provide appropriate measurable objectives for 
proposed actions aimed at increasing Hispanic American participation in 
Federal education programs where Hispanic Americans currently are 
underserved. After the first year, each agency's plan also shall assess 
that agency's performance on the goals set in the previous year's annual 
plan. These plans shall be submitted by a date and time to be 
established by the Secretary.
    Sec. 7. The Director of the Office of Personnel Management, in 
consultation with the Secretary and the Secretary of Labor, to the 
extent permitted by law, shall develop a program to promote recruitment 
of Hispanic students for part-time, summer, and permanent positions in 
the Federal Government.
    Sec. 8. I have determined that the Commission shall be established 
in compliance with the Federal Advisory Committee Act, as amended (5 
U.S.C. App.). Notwithstanding any other Executive order, the 
responsibilities of the President under the Federal Advisory Committee 
Act, as amended, shall be performed by the Secretary, in accordance with 
the guidelines and procedures established by the Administrator of 
General Services.
    Sec. 9. Administration. (a) Members of the Commission shall serve 
without compensation, but shall be allowed travel expenses, including 
per diem in lieu of subsistence, as authorized by law for persons 
serving intermittently in the Government service (5 U.S.C. 5701-5707).
    (b) The Commission and the Initiative shall obtain funding for their 
activities from the Department of Education.
    (c) The Department of Education shall provide such administrative 
services for the Commission as may be required.
    Sec. 10. Executive Order No. 12729 is revoked.
                                                     William J. Clinton.

  Extension of Term of President's Advisory Commission on Educational 
                    Excellence for Hispanic Americans

    Term of President's Advisory Commission on Educational Excellence 
for Hispanic Americans extended until Sept. 30, 1997, by Ex. Ord. No. 
12974, Sept. 29, 1995, 60 F.R. 51875, formerly set out as a note under 
section 14 of the Federal Advisory Committee Act in the Appendix to 
Title 5, Government Organization and Employees.
    Term of President's Advisory Commission on Educational Excellence 
for Hispanic Americans extended until Sept. 30, 1999, by Ex. Ord. No. 
13062, Sec. 1(d), Sept. 29, 1997, 62 F.R. 51755, formerly set out as a 
note under section 14 of the Federal Advisory Committee Act in the 
Appendix to Title 5.
    Term of President's Advisory Commission on Educational Excellence 
for Hispanic Americans extended until Sept. 30, 2001, by Ex. Ord. No. 
13138, Sept. 30, 1999, 64 F.R. 53879, set out as a note under section 14 
of the Federal Advisory Committee Act in the Appendix to Title 5.
