US (United States) Code. Title 42. Chapter 43: Department of Health and Human Services

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN

SERVICES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

-HEAD-

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

3501. Establishment of Department; effective date.

3501a. Additional Assistant Secretaries.

3502. Assistant Secretary for Administration; appointment

and duties.

3502a. Administrator of Social and Rehabilitation Service;

appointment and confirmation.

3503. Omitted.

3504. General Counsel; appointment.

3505. Seal.

3505a. Office of Population Affairs; establishment; Deputy

Assistant Secretary for Population Affairs;

appointment; staff and consultants.

3505b. Functions and duties of Deputy Assistant Secretary for

Population Affairs.

3505c. Repealed.

3505d. National Health Professional Shortage Clearinghouse.

(a) Establishment; function.

(b) Information and listing services available

without charge.

(c) Authorization of appropriations.

3506. Travel and subsistence expenses of officers and

employees in connection with attendance at meetings

or in performing advisory services.

3507. Transfer of personnel and household goods; delegation

of Secretary's authority.

3508 to 3511. Omitted, Repealed, or Transferred.

3512. Office to assist small manufacturers of medical

devices; establishment.

3513. Working capital fund; establishment; amount; use;

reimbursement.

3513a. Working capital fund; availability for centralized

personnel data collection and reporting and common

regional administrative support services.

3513b. Working capital fund; availability for common

personnel support services.

3514. Special account for grants of Department; reports.

3515. Performance of one-year contracts during two fiscal

years.

3515a. Dedicated telephone service between employee

residences and computer centers.

3515b. Prohibition on funding certain experiments involving

human participants.

3515c. Offset against Federal payments to States for

provision of services.

3515d. Expenses of Office of Inspector General; protective

services; investigating non-payment of child support.

SUBCHAPTER II - OFFICE OF INSPECTOR GENERAL

3521 to 3527. Repealed.

-End-

-CITE-

42 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 3501 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3501. Establishment of Department; effective date

-STATUTE-

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.

-SOURCE-

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

-REFTEXT-

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.

-COD-

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.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Department of Health and Human Services, including the

functions of the Secretary of Health and Human Services and the

Assistant Secretary for Public Health Emergency Preparedness

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 313(5) and (6),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

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.

-MISC1-

ORDER OF SUCCESSION

For order of succession during any period when both Secretary and

Deputy Secretary of Health and Human Services are unable to perform

functions and duties of office of Secretary, see Ex. Ord. No.

13250, Dec. 28, 2001, 67 F.R. 1597, set out as a note under section

3345 of Title 5, Government Organization and Employees.

DATA COLLECTION RELATING TO RACE OR ETHNICITY

Pub. L. 106-525, title III, Sec. 301, Nov. 22, 2000, 114 Stat.

2507, provided that:

"(a) Study. - The National Academy of Sciences shall conduct a

comprehensive study of the Department of Health and Human Services'

data collection systems and practices, and any data collection or

reporting systems required under any of the programs or activities

of the Department, relating to the collection of data on race or

ethnicity, including other Federal data collection systems (such as

the Social Security Administration) with which the Department

interacts to collect relevant data on race and ethnicity.

"(b) Report. - Not later than 1 year after the date of enactment

of this Act [Nov. 22, 2000], the National Academy of Sciences shall

prepare and submit to the Committee on Health, Education, Labor,

and Pensions of the Senate and the Committee on Commerce [now

Committee on Energy and Commerce] of the House of Representatives,

a report that -

"(1) identifies the data needed to support efforts to evaluate

the effects of socioeconomic status, race and ethnicity on access

to health care and other services and on disparity in health and

other social outcomes and the data needed to enforce existing

protections for equal access to health care;

"(2) examines the effectiveness of the systems and practices of

the Department of Health and Human Services described in

subsection (a), including pilot and demonstration projects of the

Department, and the effectiveness of selected systems and

practices of other Federal, State, and tribal agencies and the

private sector, in collecting and analyzing such data;

"(3) contains recommendations for ensuring that the Department

of Health and Human Services, in administering its entire array

of programs and activities, collects, or causes to be collected,

reliable and complete information relating to race and ethnicity;

and

"(4) includes projections about the costs associated with the

implementation of the recommendations described in paragraph (3),

and the possible effects of the costs on program operations.

"(c) Authorization of Appropriations. - For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for fiscal year 2001."

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.

-EXEC-

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; Ex. Ord. No.

13286, Sec. 51, Feb. 28, 2003, 68 F.R. 10628, 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:

-MISC2-

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) Department of Homeland Security.

(n) ACTION Agency [now Corporation for National and Community

Service].

(o) Administrative Conference of the United States.

(p) Community Services Administration.

(q) Department of Education.

(r) Environmental Protection Agency.

(s) Equal Employment Opportunity Commission.

(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.

-EXEC-

EX. ORD. NO. 13125. INCREASING OPPORTUNITY AND IMPROVING QUALITY OF

LIFE OF ASIAN AMERICANS AND PACIFIC ISLANDERS

Ex. Ord. No. 13125, June 7, 1999, 64 F.R. 31105, as amended by

Ex. Ord. No. 13216, June 6, 2001, 66 F.R. 31373, 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 on June 7, 2003, unless

renewed by the President prior to that date.

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.

-End-

-CITE-

42 USC Sec. 3501a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3501a. Additional Assistant Secretaries

-STATUTE-

There shall be in the Department of Health and Human Services, in

addition to the Assistant Secretaries now provided for by law,

three additional Assistant Secretaries of Health and Human

Services, who shall be appointed by the President, by and with the

advice and consent of the Senate. The provisions of section 2 of

the Reorganization Plan Numbered 1 of 1953 (67 Stat. 631) shall be

applicable to such additional Assistant Secretaries to the same

extent as they are applicable to the Assistant Secretaries

authorized by that section.

-SOURCE-

(Pub. L. 89-115, Sec. 4(a), Aug. 9, 1965, 79 Stat. 449; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 1 of 1953, referred to in text, is

set out as a note under section 202 of this title.

-COD-

CODIFICATION

Section was formerly classified to section 623h 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.

-CHANGE-

CHANGE OF NAME

"Department of Health and Human Services" and "Assistant

Secretaries of Health and Human Services" substituted in text for

"Department of Health, Education, and Welfare" and "Assistant

Secretaries of Health, Education, and Welfare", respectively,

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 3502 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3502. Assistant Secretary for Administration; appointment and

duties

-STATUTE-

There shall be in the Department of Health and Human Services an

Assistant Secretary of Health and Human Services for Administration

who shall be appointed, with the approval of the President, by the

Secretary of Health and Human Services under the classified civil

service, who shall perform such duties as the Secretary shall

prescribe.

-SOURCE-

(Pub. L. 86-568, title II, Sec. 202, July 1, 1960, 74 Stat. 305;

Pub. L. 88-426, title III, Secs. 305(34), 307, Aug. 14, 1964, 78

Stat. 426, 432; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979,

93 Stat. 695.)

-COD-

CODIFICATION

Section was formerly classified to section 623g 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.

-MISC1-

AMENDMENTS

1964 - Pub. L. 88-426, Sec. 305(34), struck out provisions which

prescribed compensation of Administrative Assistant Secretary.

-CHANGE-

CHANGE OF NAME

"Department of Health and Human Services", "Assistant Secretary

of Health and Human Services", and "Secretary of Health and Human

Services" substituted in text for "Department of Health, Education,

and Welfare", "Assistant Secretary of Health, Education, and

Welfare", and "Secretary of Health, Education, and Welfare",

respectively, pursuant to section 509(b) of Pub. L. 96-88, which is

classified to section 3508(b) of Title 20, Education.

"Assistant Secretary of Health, Education, and Welfare for

Administration" substituted for "Administrative Assistant Secretary

of Health, Education, and Welfare" pursuant to section 307 of Pub.

L. 88-426.

-MISC2-

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-426 effective on the first day of the

first pay period which begins on or after July 1, 1964, except to

the extent provided in section 501(c) of Pub. L. 88-426, see

section 501 of Pub. L. 88-426.

EFFECTIVE DATE

Section effective on the first day of the first pay period which

begins on or after July 1, 1960, see section 122 of Pub. L. 86-568.

-End-

-CITE-

42 USC Sec. 3502a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3502a. Administrator of Social and Rehabilitation Service;

appointment and confirmation

-STATUTE-

Appointments made on or after October 30, 1972, to the office of

Administrator of the Social and Rehabilitation Service, within the

Department of Health and Human Services, shall be made by the

President, by and with the advice and consent of the Senate.

-SOURCE-

(Pub. L. 92-603, title II, Sec. 294, Oct. 30, 1972, 86 Stat. 1459;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

"Department of Health and Human Services" substituted in text for

"Department of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88, which is classified to section 3508(b) of

Title 20, Education.

-End-

-CITE-

42 USC Sec. 3503 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3503. Omitted

-COD-

CODIFICATION

Section, act July 31, 1956, ch. 802, Sec. 2, 70 Stat. 733,

provided for the appointment and compensation of a General Counsel

in the Department of Health, Education, and Welfare, and has been

omitted in view of section 3504 of this title, which abolished the

office as it existed on July 31, 1956, upon appointment and

qualification of General Counsel provided for by section 3504(a) of

this title, or Apr. 1, 1957, whichever occurred earlier. See

section 3504(b) of this title.

Section was formerly classified to section 623b 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.

-End-

-CITE-

42 USC Sec. 3504 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3504. General Counsel; appointment

-STATUTE-

(a) The President shall appoint on and after July 31, 1956, by

and with the advice and consent of the Senate, a General Counsel of

the Department of Health and Human Services.

(b) The existing office of General Counsel of the Department of

Health and Human Services shall be abolished effective upon the

appointment and qualification of the General Counsel provided for

by subsection (a) of this section or April 1, 1957, whichever is

earlier.

-SOURCE-

(July 31, 1956, ch. 804, title III, Sec. 301, 70 Stat. 742; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-COD-

CODIFICATION

Section is based on that part of section 301 of act July 31,

1956, relating to the General Counsel of the Department of Health,

Education, and Welfare [now Health and Human Services]. That part

of such section 301 relating to the General Counsel of the

Department of Agriculture, is classified to section 2214 of Title

7, Agriculture. That part of such section 301 relating to the

General Counsel of the Post Office Department was enacted as

section 307 of Title 39 by Pub. L. 86-682, Sept. 2, 1960, 74 Stat.

580. Such provisions were eliminated from Title 39 by the Postal

Reorganization Act, Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 719.

Section was formerly classified to section 623c 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.

-CHANGE-

CHANGE OF NAME

"Department of Health and Human Services" substituted in text for

"Department of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88, which is classified to section 3508(b) of

Title 20, Education.

-End-

-CITE-

42 USC Sec. 3505 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3505. Seal

-STATUTE-

The Secretary of the Department of Health and Human Services is

authorized to adopt an official seal to be used as directed by the

said Secretary on appropriate occasions in connection with the

functions of such Department or of any office, bureau, board, or

establishment which is or shall hereafter become a part of such

Department, and such seal shall be judicially noticed. Copies of

any books, records, papers, or other documents in the Department of

Health and Human Services shall be admitted in evidence equally

with the originals thereof when authenticated under such seal.

-SOURCE-

(May 9, 1941, ch. 97, 55 Stat. 184; 1953 Reorg. Plan No. I, Sec. 5,

eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88,

title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-COD-

CODIFICATION

Section was formerly classified to section 623d 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.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88, which

is classified to section 3508(b) of Title 20, Education.

-MISC1-

CREATION OF FEDERAL SECURITY AGENCY

The Federal Security Agency was created by Reorg. Plan No. 1 of

1939, Sec. 201, eff. July 1, 1939, 4 F.R. 2727, 53 Stat. 1423, set

out in the Appendix to Title 5, Government Organization and

Employees.

-End-

-CITE-

42 USC Sec. 3505a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3505a. Office of Population Affairs; establishment; Deputy

Assistant Secretary for Population Affairs; appointment; staff

and consultants

-STATUTE-

(a) There is established within the Department of Health and

Human Services an Office of Population Affairs to be directed by a

Deputy Assistant Secretary for Population Affairs under the direct

supervision of the Assistant Secretary for Health and Scientific

Affairs. The Deputy Assistant Secretary for Population Affairs

shall be appointed by the Secretary.

(b) The Secretary is authorized to provide the Office of

Population Affairs with such full-time professional and clerical

staff and with the services of such consultants as may be necessary

for it to carry out its duties and functions.

-SOURCE-

(Pub. L. 91-572, Sec. 3, Dec. 24, 1970, 84 Stat. 1504; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

"Department of Health and Human Services" substituted for

"Department of Health, Education, and Welfare" in subsec. (a)

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 3505b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3505b. Functions and duties of Deputy Assistant Secretary for

Population Affairs

-STATUTE-

The Secretary shall utilize the Deputy Assistant Secretary for

Population Affairs -

(1) to administer all Federal laws for which the Secretary has

administrative responsibility and which provide for or authorize

the making of grants or contracts related to population research

and family planning programs;

(2) to administer and be responsible for all population and

family planning research carried on directly by the Department of

Health and Human Services or supported by the Department through

grants to, or contracts with, entities and individuals;

(3) to act as a clearinghouse for information pertaining to

domestic and international population research and family

planning programs for use by all interested persons and public

and private entities;

(4) to provide a liaison with the activities carried on by

other agencies and instrumentalities of the Federal Government

relating to population research and family planning;

(5) to provide or support training for necessary manpower for

domestic programs of population research and family planning

programs of service and research; and

(6) to coordinate and be responsible for the evaluation of the

other Department of Health and Human Services programs related to

population research and family planning and to make periodic

recommendations to the Secretary.

-SOURCE-

(Pub. L. 91-572, Sec. 4, Dec. 24, 1970, 84 Stat. 1505; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

"Department of Health and Human Services" substituted for

"Department of Health, Education, and Welfare" in pars. (2) and (6)

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 3505c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3505c. Repealed. Pub. L. 94-63, title II, Sec. 203(b), July

29, 1975, 89 Stat. 307

-MISC1-

Section, Pub. L. 91-572, Sec. 5, Dec. 24, 1970, 84 Stat. 1505,

required the Secretary to submit a report to Congress not later

than six months after Dec. 24, 1970, setting forth a plan for the

implementation of family planning and population research programs

under section 300 et seq. of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1975, see section 608 of Pub. L. 94-63,

set out as an Effective Date of 1975 Amendment note under section

247b of this title.

-End-

-CITE-

42 USC Sec. 3505d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3505d. National Health Professional Shortage Clearinghouse

-STATUTE-

(a) Establishment; function

There is established in the Department of Health and Human

Services a National Health Professional Shortage Clearinghouse. It

shall be the function of the Clearinghouse to provide information

to, and maintain listings of, (1) communities and areas with health

professional needs, and (2) prospective health workers interested

in such opportunities.

(b) Information and listing services available without charge

Information and listing services performed by the Clearinghouse

shall be provided free of charge to all interested health

professionals and to all communities and groups within the areas

determined by the Secretary under section 294n(f) (!1) of this

title to have a shortage of and need for health professionals.

(c) Authorization of appropriations

There are authorized to be appropriated such sums as are

necessary to establish, operate, and maintain the Clearinghouse

created by subsection (a) of this section.

-SOURCE-

(Pub. L. 92-157, title II, Sec. 202, Nov. 18, 1971, 85 Stat. 461;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;

Pub. L. 101-597, title IV, Sec. 401(d), Nov. 16, 1990, 104 Stat.

3035.)

-REFTEXT-

REFERENCES IN TEXT

Section 294n of this title, referred to in subsec. (b), was in

the original a reference to section 741 of act July 1, 1944.

Section 741 of that Act was omitted in the general revision of

subchapter V of this chapter by Pub. L. 102-408, title I, Sec. 102,

Oct. 13, 1992, 106 Stat. 1994. Pub. L. 102-408 enacted a new

section 776 of act July 1, 1944, relating to acquired immune

deficiency syndrome, which was classified to section 294n of this

title and was subsequently renumbered section 2692 and transferred

to section 300ff-111 of this title.

-CHANGE-

CHANGE OF NAME

"Department of Health and Human Services" substituted for

"Department of Health, Education, and Welfare" in subsec. (a)

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-597 substituted "National Health Professional

Shortage Clearinghouse" for "National Health Manpower Shortage

Clearinghouse" in section catchline and subsec. (a).

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 3506 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3506. Travel and subsistence expenses of officers and

employees in connection with attendance at meetings or in

performing advisory services

-STATUTE-

To the extent and under the conditions provided by regulations of

the Secretary, officers (including commissioned officers of the

Public Health Service) and employees of the Department of Health

and Human Services may on and after June 29, 1957, in connection

with their attendance at meetings or in performing advisory

services concerned with the functions or activities of the

Department, be permitted to accept payment, in cash or in kind,

from non-Federal agencies, organizations, and individuals, for

travel and subsistence expenses, to be retained by them to cover

the cost thereof or deposited to the credit of the appropriation

from which the cost thereof is paid, as may be provided, in such

regulations.

-SOURCE-

(Pub. L. 85-67, title II, Sec. 211, June 29, 1957, 71 Stat. 224;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-COD-

CODIFICATION

Section was formerly classified to section 623f 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.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government

Organization and Employees. Secretary of Health, Education, and

Welfare redesignated Secretary of Health and Human Services by

section 509(b) of Pub. L. 96-88, which is classified to section

3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 3507 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3507. Transfer of personnel and household goods; delegation of

Secretary's authority

-STATUTE-

The Secretary of Health and Human Services may on and after July

12, 1943, delegate to such officers and employees as he may

designate for the purpose all his authority in connection with the

transfer of personnel and household goods and effects from one

official station to another.

-SOURCE-

(July 12, 1943, ch. 221, title II, 57 Stat. 513; 1953 Reorg. Plan

No. I, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub.

L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-COD-

CODIFICATION

Section was formerly classified to section 623e 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.

Section is from the Labor-Federal Security Appropriation Act,

1944.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation acts:

July 2, 1942, ch. 475, title II, 56 Stat. 587.

Apr. 28, 1942, ch. 247, title III, 56 Stat. 235.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953

set out as a note under section 202 of this title. Federal Security

Agency and office of Administrator abolished by section 8 of said

Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88, which

is classified to section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 3508 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3508. Omitted

-COD-

CODIFICATION

Section, which authorized the Secretary to make transfers of

motor vehicles between bureaus and offices without transfer of

funds, was from section 202 of the Department of Labor, and Health,

Education, and Welfare Appropriation Act, 1976 (Pub. L. 94-206,

title II, Jan. 28, 1976, 90 Stat. 20), and was not repeated in

subsequent appropriation acts.

Similar provisions were contained in the following prior

appropriation acts:

Dec. 7, 1974, Pub. L. 93-517, title II, Sec. 202, 88 Stat. 1647.

Dec. 18, 1973, Pub. L. 93-192, title II, Sec. 202, 87 Stat. 760.

Aug. 10, 1971, Pub. L. 92-80, title II, Sec. 202, 85 Stat. 298.

Jan. 11, 1971, Pub. L. 91-667, title II, Sec. 202, 84 Stat. 2015.

Mar. 5, 1970, Pub. L. 91-204, title II, Sec. 202, 84 Stat. 43.

Oct. 11, 1968, Pub. L. 90-557, title II, Sec. 202, 82 Stat. 991.

Nov. 8, 1967, Pub. L. 90-132, title II, Sec. 202, 81 Stat. 407.

Nov. 7, 1966, Pub. L. 89-787, title II, Sec. 202, 80 Stat. 1400.

Aug. 31, 1965, Pub. L. 89-156, title II, Sec. 202, 79 Stat. 608.

Sept. 19, 1964, Pub. L. 88-605, title II, Sec. 202, 78 Stat. 979.

Oct. 11, 1963, Pub. L. 88-136, title II, Sec. 202, 77 Stat. 244.

Aug. 14, 1962, Pub. L. 87-582, title II, Sec. 202, 76 Stat. 379.

Sept. 22, 1961, Pub. L. 87-290, title II, Sec. 203, 75 Stat. 608.

Sept. 2, 1960, Pub. L. 86-703, title II, Sec. 203, 74 Stat. 773.

Aug. 14, 1959, Pub. L. 86-158, title II, Sec. 205, 73 Stat. 355.

Aug. 1, 1958, Pub. L. 85-580, title II, Sec. 206, 72 Stat. 473.

June 29, 1957, Pub. L. 85-67, title II, Sec. 207, 71 Stat. 224.

June 29, 1956, ch. 477, title II, Sec. 207, 70 Stat. 436.

Aug. 1, 1955, ch. 437, title II, Sec. 206, 69 Stat. 410.

July 2, 1954, ch. 457, title II, Sec. 206, 68 Stat. 445.

July 31, 1953, ch. 296, title II, Sec. 206, 67 Stat. 257.

Section was formerly classified to section 623a 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.

-End-

-CITE-

42 USC Sec. 3509 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3509. Repealed. Pub. L. 105-362, title VI, Sec. 601(a)(2)(C),

Nov. 10, 1998, 112 Stat. 3285

-MISC1-

Section, Pub. L. 91-513, title IV, Sec. 1200, Oct. 27, 1970, 84

Stat. 1296; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93

Stat. 695; Pub. L. 103-437, Sec. 15(m), Nov. 2, 1994, 108 Stat.

4593, related to annual report by Secretary of Health and Human

Services on statutory advisory councils.

-End-

-CITE-

42 USC Secs. 3510, 3511 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 3510, 3511. Transferred

-COD-

CODIFICATION

Section 3510, Pub. L. 91-667, title II, Jan. 11, 1971, 84 Stat.

2015, which related to the Working Capital Fund, was transferred to

section 3513a of this title.

Section 3511, Pub. L. 93-282, title II, Sec. 201, May 14, 1974,

88 Stat. 134; Pub. L. 94-371, Sec. 8, July 26, 1976, 90 Stat. 1040;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695,

which established the Alcohol, Drug Abuse, and Mental Health

Administration and National Panel on Alcohol, Drug Abuse, and

Mental Health, was redesignated section 501 of the Public Health

Service Act by Pub. L. 98-24, Sec. 2(b)(2), Apr. 26, 1983, 97 Stat.

176, and is classified to section 290aa of this title.

-End-

-CITE-

42 USC Sec. 3512 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3512. Office to assist small manufacturers of medical devices;

establishment

-STATUTE-

The Secretary of Health and Human Services shall establish within

the Department of Health and Human Services an identifiable office

to provide technical and other nonfinancial assistance to small

manufacturers of medical devices to assist them in complying with

the requirements of the Federal Food, Drug, and Cosmetic Act [21

U.S.C. 301 et seq.], as amended by this Act.

-SOURCE-

(Pub. L. 94-295, Sec. 10, May 28, 1976, 90 Stat. 583; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

Federal Food, Drug, and Cosmetic Act, referred to in text, is act

June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is

classified generally to chapter 9 (Sec. 301 et seq.) of Title 21,

Food and Drugs. For complete classification of this Act to the

Code, see section 301 of Title 21 and Tables.

This Act, referred to in text, means Pub. L. 94-295, May 28,

1976, 90 Stat. 539, known as the Medical Device Amendments of 1976,

which enacted this section, sections 360c to 360k, 379, 379a, of

Title 21, amended sections 321, 331, 334, 351, 352, 358, 360, 374,

376 [now 379e], and 381 of Title 21, section 55 of Title 15,

Commerce and Trade, and enacted provisions set out as notes under

section 301 of Title 21. For complete classification of this Act to

the Code, see Short Title of 1976 Amendment note set out under

section 301 of Title 21 and Tables.

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" and "Department of

Health and Human Services" substituted in text for "Secretary of

Health, Education, and Welfare" and "Department of Health,

Education, and Welfare", respectively, pursuant to section 509(b)

of Pub. L. 96-88, which is classified to section 3508(b) of Title

20, Education.

-End-

-CITE-

42 USC Sec. 3513 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3513. Working capital fund; establishment; amount; use;

reimbursement

-STATUTE-

There is established a working capital fund, to be available

without fiscal year limitation, for expenses necessary for the

maintenance and operation of (1) a central reproduction service;

(2) a central visual exhibit service; (3) a central supply service

for supplies and equipment for which adequate stocks may be

maintained to meet in whole or in part the requirements of the

Department; (4) a central tabulating service; (5) telephone, mail,

and messenger services; (6) a central accounting and payroll

service; and (7) a central laborers' service: Provided, That any

stocks of supplies and equipment on hand or on order shall be used

to capitalize such fund: Provided further, That such fund shall be

reimbursed in advance from funds available to bureaus, offices, and

agencies for which such centralized services are performed at rates

which will return in full all expenses of operation, including

reserves for accrued annual leave and depreciation of equipment.

-SOURCE-

(July 5, 1952, ch. 575, title II, Sec. 201, 66 Stat. 369; 1953

Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67

Stat. 631; Pub. L. 86-703, title II, Sec. 201, Sept. 2, 1960, 74

Stat. 773.)

-COD-

CODIFICATION

Section was enacted as part of title II of act July 5, 1952,

popularly known as the Federal Security Agency Appropriation Act,

1953.

Section was formerly classified to section 905 of this title.

-MISC1-

AMENDMENTS

1960 - Pub. L. 86-703 made fund available for maintenance and

operation of a central visual exhibit service, telephone, mail and

messenger services, a central accounting and payroll service, and a

central laborers' service.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. No. 1 of 1953, set

out as a note under section 202 of this title. Federal Security

Agency and office of Administrator abolished by section 8 of Reorg.

Plan No. 1 of 1953. Secretary and Department of Health, Education,

and Welfare redesignated Secretary and Department of Health and

Human Services by section 509(b) of Pub. L. 96-88, which is

classified to section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 3513a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3513a. Working capital fund; availability for centralized

personnel data collection and reporting and common regional

administrative support services

-STATUTE-

The Working Capital Fund of the Department of Health and Human

Services shall on and after January 11, 1971, be available for

expenses necessary for centralized personnel data collection and

reporting and common regional administrative support services.

-SOURCE-

(Pub. L. 91-667, title II, Jan. 11, 1971, 84 Stat. 2015; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-COD-

CODIFICATION

Section was enacted as part of title II of Pub. L. 91-667,

popularly known as the Department of Health, Education, and Welfare

Appropriation Act, 1971.

Section was formerly classified to section 3510 of this title.

-CHANGE-

CHANGE OF NAME

"Department of Health and Human Services" substituted in text for

"Department of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88, which is classified to section 3508(b) of

Title 20, Education.

-End-

-CITE-

42 USC Sec. 3513b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3513b. Working capital fund; availability for common personnel

support services

-STATUTE-

The Working Capital Fund of the Department of Health and Human

Services shall on and after August 10, 1971, be available for

expenses necessary for common personnel support services in the

Washington area.

-SOURCE-

(Pub. L. 92-80, title II, Aug. 10, 1971, 85 Stat. 297; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-COD-

CODIFICATION

Section was enacted as part of title II of Pub. L. 92-80,

popularly known as the Department of Health, Education, and Welfare

Appropriation Act, 1972.

Section was formerly classified to section 905a of this title.

-CHANGE-

CHANGE OF NAME

"Department of Health and Human Services" substituted in text for

"Department of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88, which is classified to section 3508(b) of

Title 20, Education.

-End-

-CITE-

42 USC Sec. 3514 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3514. Special account for grants of Department; reports

-STATUTE-

There is hereby established on the books of the Treasury an

account or accounts without fiscal year limitation. There shall be

deposited in such account, to the extent provided by the Secretary

of Health and Human Services or his designee, all or part of any

grant awarded by the Secretary or any other officer or employee of

the Department of Health and Human Services. Payments of any such

grant shall from time to time be made to the grantee from such

account or accounts, subject to such limitations relating to fund

accumulation as the Secretary may prescribe, to the extent needed

to carry out the purposes of any such grant. Such reports as the

Secretary or other officer awarding the grant may find necessary to

assure expenditure of funds for the purpose of and in accordance

with the terms and conditions of the grant shall be made to the

Secretary or such officer by any such grantee.

-SOURCE-

(Pub. L. 89-105, Sec. 6, Aug. 4, 1965, 79 Stat. 430; Pub. L. 96-88,

title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-COD-

CODIFICATION

Section was formerly classified to section 553 of former Title

31, Money and Finance.

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" and "Department of

Health and Human Services" substituted in text for "Secretary of

Health, Education, and Welfare" and "Department of Health,

Education, and Welfare", respectively, pursuant to section 509(b)

of Pub. L. 96-88, which is classified to section 3508(b) of Title

20, Education.

-End-

-CITE-

42 USC Sec. 3515 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3515. Performance of one-year contracts during two fiscal

years

-STATUTE-

Funds provided in this Act or subsequent Departments of Labor,

Health and Human Services, and Education, and Related Agencies

Appropriations Acts may be used for one-year contracts which are to

be performed in two fiscal years, so long as the total amount for

such contracts is obligated in the year for which the funds are

appropriated.

-SOURCE-

(Pub. L. 102-394, title II, Sec. 208, Oct. 6, 1992, 106 Stat.

1811.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in the

following prior appropriation acts:

Pub. L. 102-170, title II, Sec. 208, Nov. 26, 1991, 105 Stat.

1127.

Pub. L. 101-517, title II, Sec. 208, Nov. 5, 1990, 104 Stat.

2209.

Pub. L. 101-166, title II, Sec. 210, Nov. 21, 1989, 103 Stat.

1177.

Pub. L. 100-202, Sec. 101(h) [title II, Sec. 210], Dec. 22, 1987,

101 Stat. 1329-256, 1329-274.

Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title II, Sec. 210], Oct.

18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R.

5233, title II, Sec. 210], Oct. 30, 1986, 100 Stat. 3341-287.

Pub. L. 99-178, title II, Sec. 210, Dec. 12, 1985, 99 Stat. 1120.

-End-

-CITE-

42 USC Sec. 3515a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3515a. Dedicated telephone service between employee residences

and computer centers

-STATUTE-

For the purpose of insuring proper management of federally

supported computer systems and data bases, funds appropriated by

this Act or subsequent Departments of Labor, Health and Human

Services, and Education, and Related Agencies Appropriations Acts

are available for the purchase of dedicated telephone service

between the private residences of employees assigned to computer

centers funded under this Act or subsequent Departments of Labor,

Health and Human Services, and Education, and Related Agencies

Appropriations Acts, and the computer centers to which such

employees are assigned.

-SOURCE-

(Pub. L. 102-394, title II, Sec. 210, Oct. 6, 1992, 106 Stat.

1812.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in the

following prior appropriation acts:

Pub. L. 102-170, title II, Sec. 210, Nov. 26, 1991, 105 Stat.

1127.

Pub. L. 101-517, title II, Sec. 210, Nov. 5, 1990, 104 Stat.

2209.

Pub. L. 101-166, title II, Sec. 212, Nov. 21, 1989, 103 Stat.

1177.

Pub. L. 100-202, Sec. 101(h) [title II, Sec. 213], Dec. 22, 1987,

101 Stat. 1329-256, 1329-275.

-End-

-CITE-

42 USC Sec. 3515b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3515b. Prohibition on funding certain experiments involving

human participants

-STATUTE-

None of the funds appropriated by this Act or subsequent

Departments of Labor, Health and Human Services, and Education, and

Related Agencies Appropriations Acts shall be used to pay for any

research program or project or any program, project, or course

which is of an experimental nature, or any other activity involving

human participants, which is determined by the Secretary or a court

of competent jurisdiction to present a danger to the physical,

mental, or emotional well-being of a participant or subject of such

program, project, or course, without the written, informed consent

of each participant or subject, or a participant's parents or legal

guardian, if such participant or subject is under eighteen years of

age. The Secretary shall adopt appropriate regulations respecting

this section.

-SOURCE-

(Pub. L. 102-394, title II, Sec. 211, Oct. 6, 1992, 106 Stat.

1812.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in the

following prior appropriation acts:

Pub. L. 102-170, title II, Sec. 211, Nov. 26, 1991, 105 Stat.

1127.

Pub. L. 101-517, title II, Sec. 212, Nov. 5, 1990, 104 Stat.

2209.

Pub. L. 101-166, title II, Sec. 215, Nov. 21, 1989, 103 Stat.

1178.

-End-

-CITE-

42 USC Sec. 3515c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3515c. Offset against Federal payments to States for provision

of services

-STATUTE-

For any program funded in this Act or subsequent Departments of

Labor, Health and Human Services, and Education, and Related

Agencies Appropriations Acts, the Secretary of Health and Human

Services is authorized, when providing services or conducting

activities for a State with respect to such program for which the

Secretary is entitled to reimbursement by the State, to obtain such

reimbursement as an offset against Federal payments to which the

State would otherwise be entitled under such program from funds

appropriated for the same or any subsequent fiscal year. Such

offsets shall be credited to the appropriation account which bore

the expense of providing the service or conducting the activity,

and shall remain available until expended.

-SOURCE-

(Pub. L. 102-394, title II, Sec. 214, Oct. 6, 1992, 106 Stat.

1812.)

-End-

-CITE-

42 USC Sec. 3515d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3515d. Expenses of Office of Inspector General; protective

services; investigating non-payment of child support

-STATUTE-

For expenses necessary for the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, $33,849,000: Provided, That of such amount, necessary

sums are available for providing protective services to the

Secretary and investigating non-payment of child support cases for

which non-payment is a Federal offense under section 228 of title

18, each of which activities is hereby authorized in this and

subsequent fiscal years.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(1) [title II], Dec. 21, 2000, 114 Stat.

2763, 2763A-24.)

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in text, is Pub.

L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set

out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

Section is from the Department of Health and Human Services

Appropriations Act, 2001.

-End-

-CITE-

42 USC SUBCHAPTER II - OFFICE OF INSPECTOR GENERAL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER II - OFFICE OF INSPECTOR GENERAL

-HEAD-

SUBCHAPTER II - OFFICE OF INSPECTOR GENERAL

-End-

-CITE-

42 USC Secs. 3521 to 3527 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER II - OFFICE OF INSPECTOR GENERAL

-HEAD-

Secs. 3521 to 3527. Repealed. Pub. L. 100-504, title I, Sec.

102(e)(2), Oct. 18, 1988, 102 Stat. 2517

-MISC1-

Section 3521, Pub. L. 94-505, title II, Sec. 201, Oct. 15, 1976,

90 Stat. 2429; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979,

93 Stat. 695, established Office of Inspector General.

Section 3522, Pub. L. 94-505, title II, Sec. 202, Oct. 15, 1976,

90 Stat. 2430; Pub. L. 95-452, Sec. 10(c), Oct. 12, 1978, 92 Stat.

1109, provided for Inspector General and Deputy Inspector General,

removal of such officers, political activities restriction, and

appointment of Assistant Inspector General for Auditing and

Assistant Inspector General for Investigations.

Section 3523, Pub. L. 94-505, title II, Sec. 203, Oct. 15, 1976,

90 Stat. 2430; Pub. L. 96-226, title II, Sec. 201, Apr. 3, 1980, 94

Stat. 315, prescribed duties and responsibilities of Inspector

General.

Section 3524, Pub. L. 94-505, title II, Sec. 204, Oct. 15, 1976,

90 Stat. 2431; Pub. L. 95-142, Sec. 4(c), Oct. 25, 1977, 91 Stat.

1183; Pub. L. 97-375, title II, Sec. 206(c), Dec. 21, 1982, 96

Stat. 1824, required preparation and submission of reports.

Section 3525, Pub. L. 94-505, title II, Sec. 205, Oct. 15, 1976,

90 Stat. 2432, related to administrative provisions.

Section 3526, Pub. L. 94-505, title II, Sec. 206, Oct. 15, 1976,

90 Stat. 2433, provided for transfer of functions.

Section 3527, Pub. L. 94-505, title II, Sec. 207, Oct. 15, 1976,

90 Stat. 2434; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979,

93 Stat. 695, defined "Secretary", "Department", "Inspector

General", "Deputy", and "Federal agency".

For transfer of functions under sections 3521 to 3527 to and

establishment of the Office of Inspector General of the Department

of Health and Human Services, see the Inspector General Act of

1978, Pub. L. 95-452, as amended, set out in the Appendix to Title

5, Government Organization and Employees.

EFFECTIVE DATE OF REPEAL

Repeal effective 180 days after Oct. 18, 1988, see section 113 of

Pub. L. 100-504, set out as an Effective Date of 1988 Amendment

note under section 5 of Pub. L. 95-452 [Inspector General Act of

1978] in the Appendix to Title 5, Government Organization and

Employees.

-End-