§ 3411. — Establishment of Department; appointment of Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC3411]
TITLE 20--EDUCATION
CHAPTER 48--DEPARTMENT OF EDUCATION
SUBCHAPTER II--ESTABLISHMENT OF THE DEPARTMENT
Sec. 3411. Establishment of Department; appointment of Secretary
There is established an executive department to be known as the
Department of Education. The Department shall be administered, in
accordance with the provisions of this chapter, under the supervision
and direction of a Secretary of Education. The Secretary shall be
appointed by the President, by and with the advice and consent of the
Senate.
(Pub. L. 96-88, title II, Sec. 201, Oct. 17, 1979, 93 Stat. 671.)
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to the
Secretary of Education, see Parts 1, 2, and 6 of Ex. Ord. No. 12656,
Nov. 18, 1988, 53 F.R. 47491, set out under section 5195 of Title 42,
The Public Health and Welfare.
Executive Order No. 12729
Ex. Ord. No. 12729, Sept. 24, 1990, 55 F.R. 39389, which established
the President's Advisory Commission on Educational Excellence for
Hispanic Americans, directed Secretary of Education to establish the
White House Initiative on Educational Excellence for Hispanic Americans,
set forth reporting requirements, and required active involvement of
executive departments and agencies, was revoked by Ex. Ord. No. 12900,
Sec. 10, Feb. 22, 1994, 59 F.R. 9061, formerly set out below.
Executive Order No. 12900
Ex. Ord. No. 12900, Feb. 22, 1994, 59 F.R. 9061, which established
in the Department of Education the President's Advisory Commission on
Educational Excellence for Hispanic Americans and the White House
Initiative on Educational Excellence for Hispanic Americans and directed
the Secretary of Education to submit to the President an Annual Federal
Plan to Promote Hispanic American Educational Excellence and the
Director of the Office of Personnel Management to develop a program to
promote recruitment of Hispanic students for positions in the Federal
Government, was revoked by Ex. Ord. No. 13230, Sec. 9, Oct. 12, 2001, 66
F.R. 52843, set out below.
Ex. Ord. No. 13230. President's Advisory Commission on Educational
Excellence for Hispanic Americans
Ex. Ord. No. 13230, Oct. 12, 2001, 66 F.R. 52841, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, and in order to advance the
development of human potential, strengthen the Nation's capacity to
provide high-quality education, and increase opportunities for Hispanic
Americans to participate in and benefit from Federal education programs,
it is hereby ordered as follows:
Section 1. There is established, in the Department of Education, the
President's Advisory Commission on Educational Excellence for Hispanic
Americans (Commission). The Commission shall consist of not more than 25
members. Twenty-one of the members shall be appointed by the President.
Those members shall be representatives of educational, business,
professional, and community organizations who are committed to improving
educational attainment within the Hispanic community, as well as other
persons deemed appropriate by the President. The President shall
designate two of the appointed members to serve as Co-Chairs of the
Commission. The other four members of the Commission shall be ex officio
members, one each from the Department of Education, the Department of
Housing and Urban Development, the Department of the Treasury, and the
Small Business Administration. The ex officio members shall be the
respective Secretaries of those agencies and the Administrator of the
Small Business Administration, or their designees.
Sec. 2. The Commission shall provide advice to the Secretary of
Education (``Secretary'') and shall issue reports to the President, as
described in section 7 below, concerning:
(a) the progress of Hispanic Americans in closing the academic
achievement gap and attaining the goals established by the President's
``No Child Left Behind'' educational blueprint;
(b) the development, monitoring, and coordination of Federal efforts
to promote high-quality education for Hispanic Americans;
(c) ways to increase parental, State and local, private sector, and
community involvement in improving education; and
(d) ways to maximize the effectiveness of Federal education
initiatives within the Hispanic community.
Sec. 3. There is established, in the Department of Education, an
office called the White House Initiative on Educational Excellence for
Hispanic Americans (Initiative). The Initiative shall be located at,
staffed, and supported by the Department of Education, and headed by a
Director, who shall be a senior level executive branch official who
reports to the Secretary. The Initiative shall provide the necessary
staff, resources, and assistance to the Commission and shall assist and
advise the Secretary in carrying out his responsibilities under this
order. The staff of the Initiative shall gather and disseminate
information relating to the educational achievement gap of Hispanic
Americans, using a variety of means, including conducting surveys,
conferences, field hearings, and meetings, and other appropriate
vehicles designed to encourage the participation of organizations and
individuals interested in such issues, including parents, community
leaders, academicians, business leaders, teachers, employers, employees
and public officials at the local, State, and Federal levels. To the
extent permitted by law, executive branch departments and agencies shall
cooperate in providing resources, including personnel detailed to the
Initiative, to meet the objectives of this order. The Initiative shall
include both career civil service and appointed staff with expertise in
the area of education.
Sec. 4. Executive branch departments and agencies, to the extent
permitted by law and practicable, shall provide any appropriate
information requested by the Commission or the staff of the Initiative,
including data relating to the eligibility for and participation by
Hispanic Americans in Federal education programs and the progress of
Hispanic Americans in closing the academic achievement gap and in
achieving the goals of the President's ``No Child Left Behind''
education blueprint. Where adequate data are not available, the
Commission shall suggest the means for collecting the data. In
accordance with the accountability goals established by the President,
executive branch departments and agencies involved in relevant programs
shall report to the President through the Initiative by September 30,
2002, on:
(a) efforts to increase participation of Hispanic Americans in
Federal education programs and services;
(b) efforts to include Hispanic-serving school districts, Hispanic-
serving institutions, and other educational institutions for Hispanic
Americans in Federal education programs and services;
(c) levels of participation attained by Hispanic Americans in
Federal education programs and services; and
(d) the measurable impact resulting from these efforts and levels of
participation. The Department of Education's report also shall describe
the overall condition of Hispanic American education and such other
aspects of the educational status of Hispanic Americans, as the
Secretary considers appropriate.
Sec. 5. Insofar as the Federal Advisory Committee Act, as amended (5
U.S.C. App), may apply to the Commission, any functions of the President
under that Act, except that of reporting to the Congress, shall be
performed by the Department of Education in accordance with the
guidelines that have been issued by the Administrator of General
Services.
Sec. 6. (a) Members of the Commission shall serve without
compensation, but shall be allowed travel expenses, including per diem
in lieu of subsistence, as authorized by law for persons serving
intermittently in the Government service (5 U.S.C. 5701-5707).
(b) To the extent permitted by law, the Department of Education
shall provide funding and administrative support for the Commission and
the Initiative.
Sec. 7. The Commission shall prepare and submit an interim and final
report to the President outlining its findings and recommendations as
follows:
(a) The Commission shall submit an Interim Report no later than
September 30, 2002. The Interim Report shall describe the Commission's
examination of:
(i) available research and information on the effectiveness of
current practices at the local, State, and Federal levels in closing
the educational achievement gap for Hispanic Americans and attaining
the goals established by the President's ``No Child Left Behind''
educational blueprint;
(ii) available research and information on the effectiveness of
current practices involving Hispanic parents in the education of
their children; and
(iii) the appropriate role of Federal agencies' education
programs in helping Hispanic parents successfully prepare their
children to graduate from high school and attend post secondary
institutions.
(b) The Commission shall issue a Final Report no later than March
31, 2003. The Final Report shall set forth the Commission's
recommendations regarding:
(i) a multi-year plan, based on the data collected concerning
identification of barriers to and successful models for closing the
educational achievement gap for Hispanic Americans, that provides
for a coordinated effort among parents, community leaders, business
leaders, educators, and public officials at the local, State, and
Federal levels to close the educational achievement gap for Hispanic
Americans and ensure attainment of the goals established by the
President's ``No Child Left Behind'' educational blueprint.
(ii) the development of a monitoring system that measures and
holds executive branch departments and agencies accountable for the
coordination of Federal efforts among the designated executive
departments and agencies to ensure the participation of Hispanic
Americans in Federal education programs and promote high-quality
education for Hispanic Americans;
(iii) the identification of successful methods employed
throughout the Nation in increasing parental, State and local,
private sector, and community involvement in improving education for
Hispanic Americans;
(iv) ways to improve on and measure the effectiveness of Federal
agencies' education programs in ensuring that Hispanic Americans
close the educational achievement gap and attain the goals
established by the President's ``No Child Left Behind'' educational
blueprint; and
(v) how Federal Government education programs can best be
applied to ensure Hispanic parents successfully prepare their
children to attend post secondary institutions.
Sec. 8. The Commission shall terminate 30 days after submitting its
final report, unless extended by the President.
Sec. 9. Executive Order 12900 of February 22, 1994, as amended, is
revoked.
George W. Bush.
Extension of Term of President's Advisory Commission on Educational
Excellence for Hispanic Americans
Term of President's Advisory Commission on Educational Excellence
for Hispanic Americans extended until Sept. 30, 1997, by Ex. Ord. No.
12974, Sept. 29, 1995, 60 F.R. 51875, formerly set out as a note under
section 14 of the Federal Advisory Committee Act in the Appendix to
Title 5, Government Organization and Employees.
Term of President's Advisory Commission on Educational Excellence
for Hispanic Americans extended until Sept. 30, 1999, by Ex. Ord. No.
13062, Sec. 1(d), Sept. 29, 1997, 62 F.R. 51755, formerly set out as a
note under section 14 of the Federal Advisory Committee Act in the
Appendix to Title 5.
Term of President's Advisory Commission on Educational Excellence
for Hispanic Americans extended until Sept. 30, 2001, by Ex. Ord. No.
13138, Sept. 30, 1999, 64 F.R. 53879, formerly set out as a note under
section 14 of the Federal Advisory Committee Act in the Appendix to
Title 5.
Term of President's Advisory Commission on Educational Excellence
for Hispanic Americans extended until Sept. 30, 2003, by Ex. Ord. No.
13225, Sept. 28, 2001, 66 F.R. 50291, set out as a note under section 14
of the Federal Advisory Committee Act in the Appendix to Title 5.
