Legislación
US (United States) Code. Title 42. Chapter 43: Department of Health and Human Services
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42 USC CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN
SERVICES 01/06/03
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
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CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
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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 Repealed.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 Omitted, Repealed, or Transferred.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 Repealed.
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42 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
SUBCHAPTER I - GENERAL PROVISIONS
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SUBCHAPTER I - GENERAL PROVISIONS
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42 USC Sec. 3501 01/06/03
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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.)
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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.
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |