
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-525 Section 301]
[CITE: 42USC3501]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 43--DEPARTMENT OF HEALTH AND HUMAN SERVICES
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 3501. Establishment of Department; effective date

    The provisions of Reorganization Plan Numbered 1 of 1953, submitted 
to the Congress on March 12, 1953, shall take effect ten days after 
April 1, 1953, and its approval by the President, notwithstanding the 
provisions of the Reorganization Act of 1949, as amended, except that 
section 9 of such Act shall apply to such reorganization plan and to the 
reorganization made thereby.

(Apr. 1, 1953, ch. 14, 67 Stat. 18.)

                       References in Text

    Reorganization Plan Numbered 1 of 1953, referred to in text, is 
Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 
631, which is set out as a note below and in the Appendix to Title 5, 
Government Organization and Employees.
    The Reorganization Act of 1949, as amended, referred to in text, is 
act June 20, 1949, ch. 226, 63 Stat. 203, which enacted sections 133z to 
133z-15 of former Title 5, Executive Departments and Government Officers 
and Employees. Sections 133z to 133z-15 of former Title 5 were repealed 
and reenacted as sections 901 to 913 of Title 5, Government 
Organizations and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 
378. Section 913 of Title 5 has been omitted from the Code. Section 9 of 
the Reorganization Act of 1949, which enacted section 133z-7 of former 
Title 5, was also repealed and reenacted as section 907(a) to (c) of 
Title 5 by Pub. L. 89-554.

                          Codification

    Section was formerly classified to section 623 of former Title 5, 
Executive Departments and Government Officers and Employees, prior to 
the general revision and enactment of Title 5, Government Organization 
and Employees, by Pub. L. 89-554, Sec. 1, Sept. 1, 1966, 80 Stat. 378.

                    Emergency Preparedness Functions

    For assignment of certain emergency preparedness functions to 
Secretary of Health and Human Services, see Parts 1, 2, and 8 of Ex. 
Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under 
section 5195 of this title.


                Under Secretary Retitled Deputy Secretary

    Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 112(a)(1)], Nov. 
5, 1990, 104 Stat. 1427, 1454, provided that: ``The position of Under 
Secretary of Health and Human Services, established by section 2 of 
Reorganization Plan No. 1 of 1953 (67 Stat. 631) [set out below], is 
retitled the Deputy Secretary of Health and Human Services.''
    [Section 529 [title I, Sec. 112(a)(1)] of Pub. L. 101-509 effective 
on first day of first pay period that begins on or after Nov. 5, 1990, 
with continued service by incumbent Under Secretary of Health and Human 
Services, see section 529 [title I, Sec. 112(e)(1), (2)(A)] of Pub. L. 
101-509, set out as an Effective Date of 1990 Amendment; Continued 
Service by Incumbents note under section 3404 of Title 20, Education.]


                   Investigation of Youth Camp Safety

    Pub. L. 92-318, title VI, Secs. 601-603, June 23, 1972, 86 Stat. 
353, 354, authorized the Secretary of Health, Education, and Welfare to 
make a study of the field of youth camp safety to determine the need for 
Federal legislation, required the Secretary to submit a report on his 
investigation to the Congress before Mar. 1, 1973, and authorized 
$300,000 in appropriations to carry out the study.


                    REORGANIZATION PLAN NO. 1 OF 1953

Eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, as amended Sept. 
        11, 1967, Pub. L. 90-83, Sec. 10(c), 81 Stat. 224

Prepared by the President and transmitted to the Senate and to the House 
    of Representatives in Congress assembled, March 12, 1953, pursuant 
    to the provisions of the Reorganization Act of 1949, approved June 
    20, 1949, as amended [see 5 U.S.C. 901 et seq.].

          DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE


              Section 1. Creation of Department; Secretary

    There is hereby established an executive department, which shall be 
known as the Department of Health, Education, and Welfare (hereafter in 
this reorganization plan referred to as the Department). There shall be 
at the head of the Department a Secretary of Health, Education, and 
Welfare (hereafter in this reorganization plan referred to as the 
Secretary), who shall be appointed by the President by and with the 
advice and consent of the Senate, and who shall receive compensation at 
the rate now or hereafter prescribed by law for the heads of executive 
departments. The Department shall be administered under the supervision 
and direction of the Secretary.


            Sec. 2. Under Secretary and Assistant Secretaries

    There shall be in the Department an Under Secretary of Health, 
Education, and Welfare and two Assistant Secretaries of Health, 
Education, and Welfare, each of whom shall be appointed by the President 
by and with the advice and consent of the Senate, shall perform such 
functions as the Secretary may prescribe, and shall receive compensation 
at the rate now or hereafter provided by law for under secretaries and 
assistant secretaries, respectively, of executive departments. The Under 
Secretary (or, during the absence or disability of the Under Secretary 
or in the event of a vacancy in the office of Under Secretary, an 
Assistant Secretary determined according to such order as the Secretary 
shall prescribe) shall act as Secretary during the absence or disability 
of the Secretary or in the event of a vacancy in the office of 
Secretary.


                        Sec. 3. Special Assistant

    [Repealed. Pub. L. 90-83, Sec. 10(c), Sept. 11, 1967, 81 Stat. 224. 
Section provided for the appointment of Special Assistant to the 
Secretary (Health and Medical Affairs).]


                 Sec. 4. Commissioner of Social Security

    There shall be in the Department a Commissioner of Social Security 
who shall be appointed by the President by and with the advice and 
consent of the Senate, shall perform such functions concerning social 
security and public welfare as the Secretary may prescribe, and shall 
receive compensation at the rate now or hereafter fixed by law for grade 
GS-18 of the general schedule established by the Classification Act of 
1949, as amended [chapter 51 and subchapter III of chapter 53 of Title 
5, Government Organization and Employees].


                   Sec. 5. Transfers to the Department

    All functions of the Federal Security Administrator are hereby 
transferred to the Secretary. All agencies of the Federal Security 
Agency, together with their respective functions, personnel, property, 
records, and unexpended balances of appropriations, allocations, and 
other funds (available or to be made available), and all other 
functions, personnel, property, records, and unexpended balances of 
appropriations, allocations, and other funds (available or to be made 
available) of the Federal Security Agency are hereby transferred to the 
Department.


            Sec. 6. Performance of Functions of the Secretary

    The Secretary may from time to time make such provisions as the 
Secretary deems appropriate authorizing the performance of any of the 
functions of the Secretary by any other officer, or by any agency or 
employee, of the Department.


                     Sec. 7. Administrative Service

    In the interest of economy and efficiency the Secretary may from 
time to time establish central administrative services in the fields of 
procurement, budgeting, accounting, personnel, library, legal, and other 
services and activities common to the several agencies of the 
Department; and the Secretary may effect such transfers within the 
Department of the personnel employed, the property and records used or 
held, and the funds available for use in connection with such 
administrative-service activities as the Secretary may deem necessary 
for the conduct of any services so established: Provided, That no 
professional or substantive function vested by law in any officer shall 
be removed from the jurisdiction of such officer under this section.


                           Sec. 8. Abolitions

    The Federal Security Agency (exclusive of the agencies thereof 
transferred by section 5 of this reorganization plan), the offices of 
Federal Security Administrator and Assistant Federal Security 
Administrator created by Reorganization Plan No. I [of 1939] (53 Stat. 
1423), the two offices of assistant heads of the Federal Security Agency 
created by Reorganization Plan No. 2 of 1946 (60 Stat. 1095), and the 
office for Commissioner for Social Security created by section 701 of 
the Social Security Act, as amended (64 Stat. 558) [former section 901 
of this title], are hereby abolished. The Secretary shall make such 
provisions as may be necessary in order to wind up any outstanding 
affairs of the Agency and offices abolished by this section which are 
not otherwise provided for in this reorganization plan.


                       Sec. 9. Interim Provisions

    The President may authorize the persons who immediately prior to the 
time this reorganization plan takes effect occupy the offices of Federal 
Security Administrator, Assistant Federal Security Administrator, 
assistant heads of the Federal Security Agency, and Commissioner for 
Social Security to act as Secretary, Under Secretary, and Assistant 
Secretaries of Health, Education, and Welfare, and as Commissioner of 
Social Security, respectively, until those offices are filled by 
appointment in the manner provided by sections 1, 2, and 4 of this 
reorganization plan, but not for a period of more than 60 days. While so 
acting, such persons shall receive compensation at the rates provided by 
this reorganization plan for the offices the functions of which they 
perform.
    [The Secretary and Department of Health, Education, and Welfare were 
redesignated the Secretary and Department of Health and Human Services, 
respectively, by 20 U.S.C. 3508. For transfer of functions and offices 
(relating to education) of the Secretary and Department of Health, 
Education, and Welfare to the Secretary and Department of Education, and 
termination of certain offices and positions, see 20 U.S.C. 3441 and 
3503.]


                        Message of the President

To the Congress of the United States:
    I transmit herewith Reorganization Plan No. 1 of 1953, prepared in 
accordance with the provisions of the Reorganization Act of 1949, as 
amended.
    In my message of February 2, 1953, I stated that I would send to the 
Congress a reorganization plan defining a new administrative status for 
Federal activities in health, education, and social security. This plan 
carries out that intention by creating a Department of Health, 
Education, and Welfare as one of the executive departments of the 
Government and by transferring to it the various units of the Federal 
Security Agency. The Department will be headed by a Secretary of Health, 
Education, and Welfare, who will be assisted by an Under Secretary and 
two Assistant Secretaries.
    The purpose of this plan is to improve the administration of the 
vital health, education, and social-security functions now being carried 
on in the Federal Security Agency by giving them departmental rank. Such 
action is demanded by the importance and magnitude of these functions, 
which affect the well-being of millions of our citizens. The programs 
carried on by the Public Health Service include, for example, the 
conduct and promotion of research into the prevention and cure of such 
dangerous ailments as cancer and heart disease. The Public Health 
Service also administers payments to the States for the support of their 
health services and for urgently needed hospital construction. The 
Office of Education collects, analyzes, and distributes to school 
administrators throughout the country information relating to the 
organization and management of educational systems. Among its other 
functions is the provision of financial help to school districts 
burdened by activities of the United States Government. State assistance 
to the aged, the blind, the totally disabled, and dependent children is 
heavily supported by grants-in-aid administered through the Social 
Security Administration. The old-age and survivors insurance system and 
child development and welfare programs are additional responsibilities 
of that Administration. Other offices of the Federal Security Agency are 
responsible for the conduct of Federal vocational rehabilitation 
programs and for the enforcement of food and drug laws.
    There should be an unremitting effort to improve those health, 
education, and social-security programs which have proved their value. I 
have already recommended the expansion of the social-security system to 
cover persons not now protected, the continuation of assistance to 
school districts whose population has been greatly increased by the 
expansion of defense activities, and the strengthening of our food and 
drug laws.
    But good intent and high purpose are not enough; all such programs 
depend for their success upon efficient, responsible administration. I 
have recently taken action to assure that the Federal Security 
Administrator's views are given proper consideration in executive 
councils by inviting her to attend meetings of the Cabinet. Now the 
establishment of the new Department provided for in Reorganization Plan 
No. 1 of 1953 will give the needed additional assurance that these 
matters will receive the full consideration they deserve in the whole 
operation of the Government.
    This need has long been recognized. In 1923, President Harding 
proposed a Department of Education and Welfare, which was also to 
include health functions. In 1924, the Joint Committee on Reorganization 
recommended a new department similar to that suggested by President 
Harding. In 1932, one of President Hoover's reorganization proposals 
called for the concentration of health, education, and recreational 
activities in a single executive department. The President's Committee 
on Administrative Management in 1937 recommended the placing of health, 
education, and social-security functions in a Department of Social 
Welfare. This recommendation was partially implemented in 1939 by the 
creation of the Federal Security Agency--by which action the Congress 
indicated its approval of the grouping of these functions in a single 
agency. A new department could not be proposed at that time because the 
Reorganization Act of 1939 prohibited the creation of additional 
executive departments. In 1949, the Commission on Organization of the 
Executive Branch of the Government proposed the creation of a department 
for social security and education.
    The present plan will make it possible to give the officials 
directing the Department titles indicative of their responsibilities and 
salaries comparable to those received by their counterparts in other 
executive departments. As the Under Secretary of an executive 
department, the Secretary's principal assistant will be better equipped 
to give leadership in the Department's organization and management 
activities, for which he will be primarily responsible. The plan opens 
the way to further administrative improvement by authorizing the 
Secretary to centralize services and activities common to the several 
agencies of the Department. It also established a uniform method of 
appointment for the heads of the three major constituent agencies. At 
present, the Surgeon General and the Commissioner of Education are 
appointed by the President and confirmed by the Senate, while the 
Commissioner for Social Security is appointed by the Federal Security 
Administrator. Hereafter, all three will be Presidential appointees 
subject to Senate confirmation.
    I believe, and this plan reflects my conviction, that these several 
fields of Federal activity should continue within the framework of a 
single department. The plan at the same time assures that the Office of 
Education and the Public Health Service retain the professional and 
substantive responsibilities vested by law in those agencies or in their 
heads. The Surgeon General, the Commissioner of Education, and the 
Commissioner of Social Security will all have direct access to the 
Secretary.
    There should be in the Department an Advisory Committee on 
Education, made up of persons chosen by the Secretary from outside the 
Federal Government, which would advise the Secretary with respect to the 
educational programs of the Department. I recommend the enactment of 
legislation authorizing the defrayal of the expenses of this Committee. 
The creation of such a Committee as an advisory body to the Secretary 
will help insure the maintenance of responsibility for the public 
educational system in State and local governments while preserving the 
national interest in education through appropriate Federal action.
    After investigation I have found and hereby declare that each 
reorganization included in Reorganization Plan No. 1 of 1953 is 
necessary to accomplish one or more of the purposes set forth in section 
2(a) of the Reorganization Act of 1949, as amended. I have also found 
and hereby declare that by reason of these reorganizations, it is 
necessary to include in the reorganization plan provisions for the 
appointment and compensation of the new officers specified in sections 
1, 2, 3, and 4 of the reorganization plan. The rates of compensation 
fixed for these officers are, respectively, those which I have found to 
prevail in respect of comparable officers in the executive branch of the 
Government.
    Although the effecting of the reorganizations provided for in the 
reorganization plan will not in itself result in immediate savings, the 
improvement achieved in administration will in the future allow the 
performance of necessary services at greater savings than present 
operations would permit. An itemization of these savings in advance of 
actual experience is not practicable.
                                                   Dwight D. Eisenhower.

    The White House, March 12, 1953.

             Ex. Ord. No. 11583. Office of Consumer Affairs

    Ex. Ord. No. 11583, Feb. 24, 1971, 36 F.R. 3509, as amended by Ex. 
Ord. No. 11595, May 26, 1971, 36 F.R. 9763; Ex. Ord. No. 12608, Sept. 9, 
1987, 52 F.R. 34617, provided:
    Consumer protection fosters a market place in which our competitive 
economic system flourishes best. It is good for businessmen because it 
gives the consumer greater confidence in the goods and services provided 
by business. It is good for consumers because it reinforces the concept 
of buyers' rights:
    --the right to make an intelligent choice among products and 
services;
    --the right to accurate information on which to make a free choice;
    --the right to expect that the health and safety of the buyer is 
taken into account by those who seek his patronage;
    --the right to register dissatisfaction, and have a complaint heard 
and weighed, when a buyer's interests are badly served.
    The Special Assistant to the President for Consumer Affairs is 
performing an important role in representing consumer interests in the 
Federal Government. It is important that the role of the office of the 
Special Assistant be reinforced by increasing its responsibilities and 
reemphasizing its importance.
    There is need for a consumer office within the Executive Office of 
the President, which not only advises and represents the President on 
matters of consumer interest, but also analyzes and coordinates the 
implementation of all Federal activities in the field of consumer 
protection, helping to establish priorities and resolve conflicts, and 
recommending ways in which governmental consumer programs can be made 
more effective.
    NOW, THEREFORE, by virtue of the authority vested in me as President 
of the United States, it is ordered as follows:
    Section 1. Office of Consumer Affairs. The Office of Consumer 
Affairs (hereinafter referred to as the ``Office'') is hereby 
established in the Executive Office of the President. The Office shall 
be headed by a Director, who shall be appointed by the President, and 
there shall be in the Office two Deputy Directors who shall also be 
appointed by the President. The Deputy Directors shall perform such 
duties as the Director may designate, and in case of a vacancy in the 
office of Director or during the absence or incapacity of the Director, 
the Deputy Directors, in the order designated by the President, shall 
act as Director. The Director and Deputy Directors shall receive 
compensation at such rates as the President, consonant with law, may 
hereafter determine.
    Sec. 2. Powers and duties of the Director. (a) The Director shall be 
responsible for the exercise of the powers and the discharge of the 
duties of the Office, and shall have the authority to direct and 
supervise all personnel and activities thereof. The Director shall take 
all actions as may be necessary to organize the Office so as to carry 
out the functions and to achieve the purposes set forth in this order.
    (b) In addition to any other authority conferred upon him by this 
order, the Director is authorized, in carrying out his functions 
hereunder, to--
    (1) appoint one or more advisory committees composed of such private 
citizens and officials of the Federal, State, and local governments as 
he deems desirable to advise him with respect to his functions. Members 
of such committees (including the Consumer Advisory Council established 
in section 5 of this order) other than those regularly employed by the 
Federal Government, while attending meetings of such committees or 
otherwise serving at the request of the Director, shall be entitled to 
receive compensation and travel expenses as authorized by law for 
persons serving intermittently;
    (2) promulgate such rules, regulations, and procedures as may be 
necessary to carry out the functions vested in him or in the Office, and 
delegate authority for the performance of any function to any officer or 
employee under his direction and supervision;
    (3) utilize, with their consent, the services, personnel, and 
facilities of other Federal, State, local and private agencies and 
instrumentalities with or without reimbursement thereof except as 
reimbursement may be required by law; and
    (c) The Director shall report periodically to the President on 
significant developments affecting the interests of consumers together 
with such recommendations including legislative recommendations as he 
deems appropriate.
    Sec. 3. Functions. (a) The Office shall advise the President as to 
all matters affecting the interest of consumers.
    (b) The Office shall--
    (1) with respect to consumer interests in Federal policies and 
programs, encourage and assist in development and implementation of 
consumer programs; coordinate and review policies and programs; seek 
resolution of conflicts; advise and make recommendations to Federal 
agencies with respect to policy matters, the effectiveness of their 
programs and operations, and the elimination of duplications;
    (2) assure that the interests of consumers are presented and 
considered in a timely manner by the appropriate levels of the Federal 
Government in the formulation of policies and in the operation of 
programs that affect the consumer interest;
    (3) conduct investigations, conferences, and surveys concerning the 
needs, interests and problems of consumers, except that it shall, where 
feasible, avoid duplicating activities conducted by other Federal 
agencies;
    (4) submit recommendations to the President on how Federal programs 
and activities affecting consumers can be improved;
    (5) take action with respect to consumer complaints to the extent 
authorized by section 4 of this order;
    (6) perform the functions assigned to the President's Committee on 
Consumer Interests in Executive Order No. 11566 of October 26, 1970;
    (7) encourage and coordinate the development of information of 
interest to consumers by Federal agencies and the publication and 
distribution of materials which will inform consumers of matters of 
interest to them in language which is readily understandable by the 
layman;
    (8) encourage and coordinate research conducted by Federal agencies 
leading to improved consumer products, services, and consumer 
information;
    (9) encourage, initiate, coordinate, evaluate, and participate in 
consumer education programs and consumer counseling programs;
    (10) encourage, cooperate with, and assist State and local 
governments in the promotion and protection of consumer interests; and
    (11) cooperate with and encourage private enterprise in the 
promotion and protection of consumer interest.
    Sec. 4. Consumer complaints. (a) Whenever the Office receives from 
any source complaints or other information disclosing a possible 
violation of (1) any law of the United States or (2) any rule or order 
of any Federal agency concerning consumer interests, the Office shall 
promptly transmit such complaint or other information to the Federal 
agency charged with the duty of enforcing such law, rule, or order, for 
appropriate action.
    (b) Whenever the Office receives complaints or other information 
disclosing any commercial or trade practice which it deems detrimental 
to the general interests of consumers within the United States, and 
which is not included within the category specified in subsection (a) of 
this section, the Office may transmit such complaint or other 
information promptly to the Federal, State, or local agency whose 
regulatory or other authority provides the most effective means to act 
upon them; the Office may in its discretion also refer such complaint or 
other information to the private persons or industry against whom the 
complaint is made.
    Sec. 5. Consumer Advisory Council. (a) There is hereby established 
in the Office a Consumer Advisory Council to be composed of not more 
than 12 members appointed by the President. Members shall be appointed 
on the basis of their knowledge and experience in areas of interest to 
consumers and their demonstrated ability to exercise independent, 
informed, and critical judgment.
    (b)(1) Members shall be appointed for two-year terms. Members of the 
Consumer Advisory Council, established pursuant to Executive Order No. 
11136 of January 3, 1964, as amended, shall continue in office in 
accordance with the terms of their original appointments.
    (2) Any member chosen to fill a vacancy shall be appointed for the 
unexpired term of the member he succeeds.
    (3) A vacancy in the Council shall not affect its authority to act, 
and a majority of the members thereof shall constitute a quorum.
    (c) The President shall designate the Chairman from among the 
members composing the Council. The Council shall meet at the call of the 
Director. The Director shall be an ex-officio member of the Council and 
its Executive Secretary.
    (d) The Council shall advise the Director with respect to--
        (1) policy matters relating to consumer interests; and
        (2) the effectiveness of Federal programs and operations, which 
    affect the interests of consumers; and
        (3) problems of primary importance to consumers, and ways in 
    which unmet consumer needs can appropriately be met through Federal 
    Government action.
    Sec. 6. Consideration of the consumer interest in Federal agency 
determinations. Every Federal agency in taking any action of a nature 
which can reasonably be construed as substantially affecting the 
interests of consumers of products and services, including, but not 
limited to, (1) the promulgation of rules, regulations, or guidelines, 
(2) the formulation of written policy decisions, or (3) the issuance of 
orders, decrees, or standards, shall, in taking such action, give due 
consideration to the valid interests of consumers.
    Sec. 7. Abolition of Committee and Council. Except as otherwise 
provided herein, the President's Committee on Consumer Interests and the 
Consumer Advisory Council established under Executive Order No. 11136 of 
January 3, 1964, as amended by Executive Order No. 11349 of May 1, 1967, 
are abolished.
    Sec. 8. Construction. Nothing in this order shall be construed as 
subjecting any function vested by law in, or assigned pursuant to law 
to, any Federal agency or the head thereof to the authority of any other 
agency or officer or as abrogating or restricting any such function in 
any manner.
    Sec. 9. Orders superseded. Executive Order No. 11136 of January 3, 
1964, and Executive Order No. 11349 of May 1, 1967, are hereby 
superseded.

       Ex. Ord. No. 11702. Transfer of Office of Consumer Affairs

    Ex. Ord. No. 11702, Jan. 25, 1973, 38 F.R. 2957, as amended by Ex. 
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
    Under and by virtue of the authority vested in me by section 301 of 
title 3 of the United States Code [section 301 of title 3, The 
President] and as President of the United States of America, it is 
hereby ordered as follows:
    Section 1. The Office of Consumer Affairs, established by Executive 
Order No. 11583 of February 24, 1971, as amended by Executive Order No. 
11595 of May 26, 1971 [set out above], together with its functions, is 
hereby transferred from the Executive Office of the President to the 
Department of Health and Human Services. The Director of the Office of 
Consumer Affairs shall continue as the Special Assistant to the 
President for Consumer Affairs.
    Sec. 2. In view of the establishment of the Council on Economic 
Policy, the Cabinet Committee on Economic Policy, together with its 
functions, is hereby abolished and Executive Order No. 11453 of January 
24, 1969, is hereby revoked.

  Ex. Ord. No. 12160. Enhancement and Coordination of Federal Consumer 
                                Programs

    Ex. Ord. No. 12160, Sept. 26, 1979, 44 F.R. 55787, as amended by Ex. 
Ord. No. 12265, Jan. 15, 1981, 46 F.R. 4665, provided:
    By virtue of the authority vested in me as President by the 
Constitution of the United States of America, and in order to improve 
the management, coordination, and effectiveness of agency consumer 
programs, it is ordered as follows:

       1-1. Establishment of the Consumer Affairs Council

    1-101. There is hereby established the Consumer Affairs Council 
(hereinafter referred to as the ``Council'').
    1-102. The Council shall consist of representatives of the following 
agencies and such other officers or employees of the United States as 
the President may designate as members:
    (a) Department of Agriculture.
    (b) Department of Commerce.
    (c) Department of Defense.
    (d) Department of Energy.
    (e) Department of Health and Human Services.
    (f) Department of Housing and Urban Development.
    (g) Department of the Interior.
    (h) Department of Justice.
    (i) Department of Labor.
    (j) Department of State.
    (k) Department of Transportation.
    (l) Department of the Treasury.
    (m) ACTION Agency [now Corporation for National and Community 
Service].
    (n) Administrative Conference of the United States.
    (o) Community Services Administration.
    (p) Department of Education.
    (q) Environmental Protection Agency.
    (r) Equal Employment Opportunity Commission.
    (s) Federal Emergency Management Agency.
    (t) General Services Administration.
    (u) Small Business Administration.
    (v) Tennessee Valley Authority.
    (w) Veterans Administration [now Department of Veterans Affairs].
    (x) Commission on Civil Rights is invited to participate.

Each agency on the Council shall be represented by the head of the 
agency or by a senior-level official designated by the head of the 
agency.

                  1-2. Functions of the Council

    1-201. The Council shall provide leadership and coordination to 
ensure that agency consumer programs are implemented effectively; and 
shall strive to maximize effort, promote efficiency and interagency 
cooperation, and to eliminate duplication and inconsistency among agency 
consumer programs.

        1-3. Designation and Functions of the Chairperson

    1-301. The President shall designate the chairperson of the Council 
(hereinafter referred to as the ``Chairperson'').
    1-302. The Chairperson shall be the presiding officer of the Council 
and shall determine the times when the Council shall convene.
    1-303. The Chairperson shall establish such policies, definitions, 
procedures, and standards to govern the implementation, interpretation, 
and application of this Order, and generally perform such functions and 
take such steps, as are necessary or appropriate to carry out the 
provisions of this Order.

                  1-4. Consumer Program Reforms

    1-401. The Chairperson, assisted by the Council, shall ensure that 
agencies review and revise their operating procedures so that consumer 
needs and interests are adequately considered and addressed. Agency 
consumer programs should be tailored to fit particular agency 
characteristics, but those programs shall include, at a minimum, the 
following five elements:
    (a) Consumer Affairs Perspective. Agencies shall have identifiable, 
accessible professional staffs of consumer affairs personnel authorized 
to participate, in a manner not inconsistent with applicable statutes, 
in the development and review of all agency rules, policies, programs, 
and legislation.
    (b) Consumer Participation. Agencies shall establish procedures for 
the early and meaningful participation by consumers in the development 
and review of all agency rules, policies, and programs. Such procedures 
shall include provisions to assure that consumer concerns are adequately 
analyzed and considered in decisionmaking. To facilitate the expression 
of those concerns, agencies shall provide for forums at which consumers 
can meet with agency decisionmakers. In addition, agencies shall make 
affirmative efforts to inform consumers of pending proceedings and of 
the opportunities available for participation therein.
    (c) Informational Materials. Agencies shall produce and distribute 
materials to inform consumers about the agencies' responsibilities and 
services, about their procedures for consumer participation, and about 
aspects of the marketplace for which they have responsibility. In 
addition, each agency shall make available to consumers who attend 
agency meetings open to the public materials designed to make those 
meetings comprehensible to them.
    (d) Education and Training. Agencies shall educate their staff 
members about the Federal consumer policy embodied in this Order and 
about the agencies' programs for carrying out that policy. Specialized 
training shall be provided to agency consumer affairs personnel and, to 
the extent considered appropriate by each agency and in a manner not 
inconsistent with applicable statutes, technical assistance shall be 
made available to consumers and their organizations.
    (e) Complaint Handling. Agencies shall establish procedures for 
systematically logging in, investigating, and responding to consumer 
complaints, and for integrating analyses of complaints into the 
development of policy.
    1-402. The head of each agency shall designate a senior-level 
official within that agency to exercise, as the official's sole 
responsibility, policy direction for, and coordination and oversight of, 
the agency's consumer activities. The designated official shall report 
directly to the head of the agency and shall apprise the agency head of 
the potential impact on consumers of particular policy initiatives under 
development or review within the agency.

         1-5. Implementation of Consumer Program Reforms

    1-501. Within 60 days after the issuance of this Order, each agency 
shall prepare a draft report setting forth with specificity its program 
for complying with the requirements of Section 1-4 above. Each agency 
shall publish its draft consumer program in the Federal Register and 
shall give the public 60 days to comment on the program. A copy of the 
program shall be sent to the Council.
    1-502. Each agency shall, within 30 days after the close of the 
public comment period on its draft consumer program, submit a revised 
program to the Chairperson. The Chairperson shall be responsible, on 
behalf of the President, for approving agency programs for compliance 
with this Order before their final publication in the Federal Register. 
Each agency's final program shall be published no later than 90 days 
after the close of the public comment period, and shall include a 
summary of public comments on the draft program and a discussion of how 
those comments are reflected in the final program.
    1-503. Each agency's consumer program shall take effect no later 
than 30 days after its final publication in the Federal Register.
    1-504. The Chairperson, with the assistance and advice of the 
Council, shall monitor the implementation by agencies of their consumer 
programs.
    1-505. The Chairperson shall, promptly after the close of the fiscal 
year, submit to the President a full report on government-wide progress 
under this Order during the previous fiscal year. In addition, the 
Chairperson shall evaluate, from time to time, the consumer programs of 
particular agencies and shall report to the President as appropriate. 
Such evaluations shall be informed by appropriate consultations with 
interested parties.

                       1-6. Budget Review

    1-601. Each agency shall include a separate consumer program exhibit 
in its yearly budget submission to the Office of Management and Budget. 
By October 1 of each year the Director of the Office of Management and 
Budget shall provide the Chairperson with a copy of each of these 
exhibits. The Chairperson shall thereafter provide OMB with an analysis 
of the adequacy of the management of, and the funding and staff levels 
for, particular agency consumer programs.

                 1-7. Civil Service Initiatives

    1-701. In order to strengthen the professional standing of consumer 
affairs personnel, and to improve the recruitment and training of such 
personnel, the Office of Personnel Management shall consult with the 
Council regarding:
    (a) the need for new or revised classification and qualification 
standard(s), consistent with the requirements of Title 5, United States 
Code, to be used by agencies in their classification of positions which 
include significant consumer affairs duties;
    (b) the recruitment and selection of employees for the performance 
of consumer affairs duties; and
    (c) the training and development of employees for the performance of 
such duties.

                 1-8. Administrative Provisions

    1-801. Executive agencies shall cooperate with and assist the 
Council and the Chairperson in the performance of their functions under 
this Order and shall on a timely basis furnish them with such reports as 
they may request.
    1-802. The Chairperson shall utilize the assistance of the United 
States Office of Consumer Affairs in fulfilling the responsibilities 
assigned to the Chairperson under this Order.
    1-803. The Chairperson shall be responsible for providing the 
Council with such administrative services and support as may be 
necessary or appropriate; agencies shall assign, to the extent not 
inconsistent with applicable statutes, such personnel and resources to 
the activities of the Council and the Chairperson as will enable the 
Council and the Chairperson to fulfill their responsibilities under this 
Order.
    1-804. The Chairperson may invite representatives of non-member 
agencies, including independent regulatory agencies, to participate from 
time to time in the functions of the Council.

                        1-9. Definitions

    1-901. ``Consumer'' means any individual who uses, purchases, 
acquires, attempts to purchase or acquire, or is offered or furnished 
any real or personal property, tangible or intangible goods, services, 
or credit for personal, family, or household purposes.
    1-902. ``Agency'' or ``agencies'' means any department or agency in 
the executive branch of the Federal government, except that the term 
shall not include:
    (a) independent regulatory agencies, except as noted in subsection 
1-804;
    (b) agencies to the extent that their activities fall within the 
categories excepted in Sections 6(b)(2), (3), (4), and (6) of Executive 
Order No. 12044 [5 U.S.C. 553 note].
    (c) agencies to the extent that they demonstrate within 30 days of 
the date of issuance of this Order, to the satisfaction of the 
Chairperson with the advice of the Council, that their activities have 
no substantial impact upon consumers.
                                                           Jimmy Carter.

  Ex. Ord. No. 13125. Increasing Participation of Asian Americans and 
                  Pacific Islanders in Federal Programs

    Ex. Ord. No. 13125, June 7, 1999, 64 F.R. 31105, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the Federal Advisory 
Committee Act, as amended (5 U.S.C. App.), and in order to improve the 
quality of life of Asian Americans and Pacific Islanders through 
increased participation in Federal programs where they may be 
underserved (e.g., health, human services, education, housing, labor, 
transportation, and economic and community development), it is hereby 
ordered as follows:
    Section 1. (a) There is established in the Department of Health and 
Human Services the President's Advisory Commission on Asian Americans 
and Pacific Islanders (Commission). The Commission shall consist of not 
more than 15 members appointed by the President, one of which shall be 
designated by the President as Chair. The Commission shall include 
members who: (i) have a history of involvement with the Asian American 
and Pacific Islander communities; (ii) are from the fields of health, 
human services, education, housing, labor, transportation, economic and 
community development, civil rights, and the business community; (iii) 
are from civic associations representing one or more of the diverse 
Asian American and Pacific Islander communities; and (iv) have such 
other experience as the President deems appropriate.
    (b) The Secretary of the Department of Health and Human Services 
(Secretary) shall appoint an Executive Director for the Commission.
    Sec. 2. The Commission shall provide advice to the President, 
through the Secretary, on: (a) the development, monitoring, and 
coordination of Federal efforts to improve the quality of life of Asian 
Americans and Pacific Islanders through increased participation in 
Federal programs where such persons may be underserved and the 
collection of data related to Asian American and Pacific Islander 
populations and sub-populations; (b) ways to increase public-sector, 
private-sector, and community involvement in improving the health and 
well-being of Asian Americans and Pacific Islanders; and (c) ways to 
foster research and data on Asian Americans and Pacific Islanders, 
including research and data on public health.
    Sec. 3. The Department of Health and Human Services shall establish 
the White House Initiative on Asian Americans and Pacific Islanders 
(Initiative), an interagency working group (working group) whose members 
shall be appointed by their respective agencies. The Executive Director 
of the Commission shall also serve as the Director of the Initiative, 
and shall report to the Secretary or the Secretary's designee. The 
working group shall include both career and noncareer civil service 
staff and commissioned officers of the Public Health Service with 
expertise in health, human services, education, housing, labor, 
transportation, economic and community development, and other relevant 
issues. The working group shall advise the Secretary on the 
implementation and coordination of Federal programs as they relate to 
Asian Americans and Pacific Islanders across executive departments and 
agencies.
    Sec. 4. The head of each executive department and each agency 
designated by the Secretary shall appoint a senior Federal official 
responsible for management or program administration to report directly 
to the agency head on activity under this Executive order, and to serve 
as a liaison to the Initiative. The Secretary also may designate 
additional Federal Government officials, with the agreement of the 
relevant agency head, to carry out the functions of 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 working group, including data relating to 
the eligibility for and participation of Asian Americans and Pacific 
Islanders in Federal programs. Where adequate data are not available, 
the Initiative shall suggest the means of collecting such data.
    Sec. 5. Each executive department and designated agency 
(collectively, the ``agency'') shall prepare a plan for, and shall 
document, its efforts to improve the quality of life of Asian Americans 
and Pacific Islanders through increased participation in Federal 
programs where Asian Americans and Pacific Islanders may be underserved. 
This plan shall address, among other things, Federal efforts to: (a) 
improve the quality of life for Asian Americans and Pacific Islanders 
through increased participation in Federal programs where they may be 
underserved and the collection of data related to Asian American and 
Pacific Islander populations and sub-populations; (b) increase public-
sector, private-sector, and community involvement in improving the 
health and well-being of Asian Americans and Pacific Islanders; and (c) 
foster research and data on Asian Americans and Pacific Islanders, 
including research and data on public health. Each agency's plan shall 
provide appropriate measurable objectives and, after the first year, 
shall assess that agency's performance on the goals set in the previous 
year's plan. Each plan shall be submitted at a date to be established by 
the Secretary.
    Sec. 6. The Secretary shall review the agency plans and develop for 
submission to the President an integrated Federal plan (Federal Plan) to 
improve the quality of life of Asian American and Pacific Islanders 
through increased participation in Federal programs where such persons 
may be underserved. Actions described in the Federal Plan shall address 
improving access by Asian Americans and Pacific Islanders to Federal 
programs and fostering advances in relevant research and data. The 
Secretary shall ensure that the working group is given the opportunity 
to comment on the proposed Federal Plan prior to its submission to the 
President. The Secretary shall disseminate the Federal Plan to 
appropriate members of the executive branch. The findings and 
recommendations in the Federal Plan shall be considered by the agencies 
in their policies and activities.
    Sec. 7. Notwithstanding any other Executive order, the 
responsibilities of the President that are applicable to the Commission 
under the Federal Advisory Committee Act, as amended, except that of 
reporting to the Congress, shall be performed by the Secretary in 
accordance with the guidelines and procedures established by the 
Administrator of General Services.
    Sec. 8. 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). To the extent permitted by 
law and appropriations, and where practicable, agencies shall, upon 
request by the Secretary, provide assistance to the Commission and to 
the Initiative. The Department of Health and Human Services shall 
provide administrative support and funding for the Commission.
    Sec. 9. The Commission shall terminate 2 years after the date of 
this Executive order unless the Commission is renewed by the President 
prior to the end of that 2-year period.
    Sec. 10. For the purposes of this order, the terms: (a) ``Asian 
American'' includes persons having origins in any of the original 
peoples of the Far East, Southeast Asia, or the Indian subcontinent; and
    (b) ``Pacific Islander'' includes the aboriginal, indigenous, native 
peoples of Hawaii and other Pacific Islands within the jurisdiction of 
the United States.
                                                     William J. Clinton.


                            Cross References

    Compensation--
        Assistant Secretaries, see section 5315 of Title 5, Government 
            Organization and Employees.
        Secretary, see section 5312 of Title 5.
        Under Secretary, see section 5314 of Title 5.
