Centers for Disease Control and Prevention [or some other PHSA agency], shall carry out a program to [make grants or conduct research in a particular area of concern].” This type of provision is also a major impediment to any attempt by the secretary to reassign functions as he or she deems appropriate; accordingly, we examine the effects of such provisions.

The remainder of this section attempts to analyze the significant statutory provisions that impinge on the secretary’s authority to reorganize the major programs of the department. (We do not look at the hundreds of advisory committees and boards created by statute, because those provisions do not affect basic organizational decisions, and in any event the secretary is able to manage and control those entities through the Federal Advisory Committee Act.) For convenience, this analysis has been organized according to the existing operating components of the department. Organizing the paper in this way is not meant to suggest that any such component must be preserved in any reorganization because, as we have seen, some of those components do not have statutory status.

To make this task manageable and the paper useful, we do not list every such statutory provision. Where a type of statutory provision applies to several programs within an operating component, those provisions are discussed generically. However, for the convenience of the committee, we have attached an appendix listing statutory provisions that we believe have to be considered in the context of any reorganization study of the department.8

Administration for Children and Families

The Administration for Children and Families (ACF) was created administratively in 1991 as the successor to the Office of Human Development Services. The programs it administers are established under title IV of the Social Security Act (including Temporary Assistance for Needy Families, Child Welfare Services, Adoption Assistance, and Child Support Enforcement) and under a variety of other statutes providing for assistance to disadvantaged and vulnerable populations (refugees, disadvantaged children, Native Americans, and individuals with disabilities).


While we have attempted to be thorough in identifying the relevant statutory provisions, given the time allotted and the size of the task, we cannot guarantee that our listing is exhaustive. Further research may be warranted in light of particular options that are developed by the committee.

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