[Title 3 CFR 13339]
[Code of Federal Regulations (annual edition) - January 1, 2005 Edition]
[Title 3 - Presidential Documents]
[Executive Order 13339 - Executive Order 13339 of May 13, 2004]
[From the U.S. Government Printing Office]
3Presidential Documents12005-01-012005-01-01falseExecutive Order 13339 of May 13, 200413339Executive Order 13339Presidential Documents
Executive Order 13339 of May 13, 2004
Increasing Economic Opportunity and Business Participation of Asian
Americans and Pacific Islanders
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and for the purpose of providing
equal economic opportunities for full participation of Asian American
and Pacific Islander businesses in our free market economy where they
may be underserved and thus improving the quality of life for Asian
Americans and Pacific Islanders, it is hereby ordered as follows:
Section 1. (a) There is established in the Department of Commerce 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 whom 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 business enterprise sector; (iii) are
from civic associations representing one or more of the diverse Asian
American and Pacific Islander communities; (iv) are from the fields of
economic, social,
[[Page 173]]
and community development; or (v) have such other experience as the
President deems appropriate.
(b) The Secretary of Commerce (Secretary) shall designate 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 executive
branch efforts to improve the economic and community development of
Asian American and Pacific Islander businesses through ensuring equal
opportunity to participate in Federal programs, and public-sector,
private-sector partnerships, and through the collection of data related
to Asian American and Pacific Islander businesses; and
(b) ways to increase the business diversification of Asian Americans
and Pacific Islanders, including ways to foster research and data on
Asian American and Pacific Islander businesses including their level of
participation in the national economy and their economic and community
development.
Sec. 3. (a) The Secretary shall establish within the Department of
Commerce an office known as the White House Initiative on Asian
Americans and Pacific Islanders (Office). The Office shall provide
support for the Commission and the interagency working group created in
section 3(b) of this order.
(b) The Secretary shall also create an interagency working group
(Working Group) whose activities shall be coordinated by the Department
of Commerce. The Secretary shall designate the executive departments and
agencies that shall serve on the Working Group (executive departments
and agencies) and the heads of those departments and agencies shall
select the officials that shall serve as their respective
representatives on the Working Group. The Executive Director of the
Commission shall also serve as the Director of the Office and the
Working Group, and shall report to the Secretary or the Secretary's
designee. The Director of the Working Group shall advise the Secretary
or the Secretary's designee on efforts by the Federal Government to
improve access to economic opportunities, through equal access to such
opportunities, for Asian American and Pacific Islander businesses where
they may be underserved and thus to improve the quality of life of Asian
Americans and Pacific Islanders.
Sec. 4. The head of each executive department and agency on the Working
Group shall designate a senior Federal official responsible for
management or program administration to report directly to the agency
head on activities implementing this order and to serve as a liaison to,
and representative on, the Working Group. The Secretary may designate
additional Federal officials, with the concurrence of the head of the
designated executive department or agency, to carry out functions of the
Working Group. To the extent permitted by law and to the extent
practicable, each designated executive department and agency shall
provide appropriate information requested by the Working Group,
including data relating to the eligibility for and participation of
Asian American and Pacific Islander businesses in Federal programs.
Where adequate data are not available, the Working Group shall suggest
the means of collecting such data.
Sec. 5. Each designated executive department and agency shall prepare a
plan for, and shall document, its efforts to support economic
opportunities
[[Page 174]]
for Asian American and Pacific Islander businesses. This plan shall
address, among other things, executive branch efforts to:
(a) increase participation in Federal programs for Asian American
and Pacific Islander businesses through equal access to such programs;
(b) ensure nondiscrimination in Federal contracts and procurement
opportunities;
(c) provide equal opportunity for public-sector, private-sector
partnerships for the community and economic development of Asian
American and Pacific Islander businesses; and
(d) foster research and data collection on Asian American and
Pacific Islander businesses. Each plan shall be submitted through the
working group and the Commission to the Secretary at a date to be
established by the Secretary.
Sec. 6. The Secretary shall review the plans of the designated executive
departments and agencies and develop for submission to the President for
his approval an integrated Federal plan (Federal Plan) to increase the
participation of Asian American and Pacific Islander businesses in
executive branch programs through equal access to such programs where
such organizations may be underserved. Actions described in the Federal
Plan shall address improving access by Asian American and Pacific
Islander businesses to Federal programs and fostering advances in
relevant research and data as it pertains to community economic
development. The Secretary shall disseminate the Federal Plan, to the
extent the Plan is approved by the President, to appropriate members of
the executive branch. The findings and recommendations in the Federal
Plan shall be followed by the designated executive departments and
agencies in their policies and activities, to the extent permitted by
law and as practicable.
Sec. 7. Insofar as the Federal Advisory Committee Act, as amended (5
U.S.C. App.) (the ``Act''), may apply to the administration of any
portion of this order, any functions of the President under the Act,
except that of reporting to the Congress, shall be performed by the
Secretary in accordance with the guidelines issued 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, executive departments and
agencies shall, upon request by the Secretary, provide assistance to the
Commission and to the Working Group, and the Department of Commerce
shall provide administrative support and funding for the Commission.
Sec. 9. The Commission shall terminate 2 years from the date of this
order, unless renewed by the President.
Sec. 10. For the purposes of this order, the term: (a) ``Asian''
includes persons having origins in any of the original peoples of the
Far East, Southeast Asia, or the Indian subcontinent; and the term (b)
``Pacific Islander'' includes persons having origins in any of the
original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
[[Page 175]]
Sec. 11. The Secretary of Commerce shall consult the Attorney General as
appropriate on the implementation of this order to ensure that such
implementation affords the equal protection of the laws required by the
due process clause of the Fifth Amendment to the Constitution.
Sec. 12. This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity,
by a party against the United States, its departments, agencies,
entities, officers, employees or agents, or any other person.
George W. Bush
The White House,
May 13, 2004.