Executive Order 13544-Establishing the National Prevention, Health Promotion, and Public Health Council
Issued 2010-06-10 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This executive order establishes a new council within the Department of Health and Human Services called the National Prevention, Health Promotion, and Public Health Council. The Surgeon General chairs this council, which includes the Secretaries of Labor, Health and Human Services, Transportation, Education, and Homeland Security, along with several other federal agency heads. The order was issued under authority granted by the Patient Protection and Affordable Care Act.
The council's job is to coordinate federal efforts on prevention, wellness, and health promotion across all government departments and agencies. It develops a national strategy for improving Americans' health and reducing preventable illness and disability. The council also provides recommendations to the President and Congress on pressing health issues and changes needed in federal policy to achieve public health goals, including reducing tobacco use, sedentary behavior, and poor nutrition.
Additionally, the order creates an Advisory Group of up to 25 outside experts, including licensed health professionals from fields like preventive medicine, public health education, and community health centers. This group advises the council and develops recommendations on preventing lifestyle-based chronic diseases and promoting integrative health care practices. The constitutional basis for creating this coordinating body within existing executive departments is generally on solid ground, as presidents have authority to manage the executive branch and create advisory councils.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13544 ("Executive Order 13544-Establishing the National Prevention, Health Promotion, and Public Health Council") restructures or establishes federal entities. The stated purpose: "that Federal efforts are consistent with available standards and evidence." The President has authority to manage the executive branch under Article II, including creating task forces, councils, and working groups within the White House. However, creating independent agencies with binding regulatory authority, or fundamentally restructuring congressionally created departments, typically requires legislative authorization.
The Reorganization Act historically provided a framework for executive reorganization subject to congressional review. Current reorganization authority is more limited. The constitutionality depends on whether this order creates White House advisory bodies (acceptable) or attempts to restructure agencies in ways that conflict with their enabling statutes (questionable).
Official Summary
Administration of Barack H. Obama, 2010 Executive Order 13544—Establishing the National Prevention, Health Promotion, and Public Health Council June 10, 2010 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 4001 of the Patient Protection and Affordable Care Act (Public Law 111–148), it is hereby ordered as follows: Section 1. Establishment. There is established within the Department of Health and Human Services, the National Prevention, Health Promotion, and Public Health Council (Council). Sec. 2. Membership. (a) The Surgeon General shall serve as the Chair of the Council, which shall be composed of: (1) the Secretary of Agriculture; (2) the Secretary of Labor; (3) the Secretary of Health and Human Services; (4) the Secretary of Transportation; (5) the Secretary of Education; (6) the Secretary of Homeland Security; (7) the Administrator of the Environmen