For Immediate Release February 5, 2009
EXECUTIVE ORDER
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AMENDMENTS TO EXECUTIVE ORDER 13199 AND ESTABLISHMENT OF THE
PRESIDENT'S ADVISORY COUNCIL FOR FAITH-BASED AND NEIGHBORHOOD
PARTNERSHIPS
By the authority vested in me as President by the Constitution and
the laws of the United States of America, and in order to strengthen the
ability of faith-based and other neighborhood organizations to deliver
services effectively in partnership with Federal, State, and local
governments and with other private organizations, while preserving our
fundamental constitutional commitments, it is hereby ordered:
Section 1. Amendments to Executive Order. Executive
Order 13199 of January 29, 2001 (Establishment of White House Office of
Faith-Based and Community Initiatives), is hereby amended:
(a) by striking section 1, and inserting in lieu thereof the following:
"Section 1. Policy. Faith-based and other
neighborhood organizations are vital to our Nation's ability to address
the needs of low-income and other underserved persons and
communities. The American people are key drivers of fundamental change
in our country, and few institutions are closer to the people than our
faith-based and other neighborhood organizations. It is critical that
the Federal Government strengthen the ability of such organizations and
other nonprofit providers in our neighborhoods to deliver services
effectively in partnership with Federal, State, and local governments
and with other private organizations, while preserving our fundamental
constitutional commitments guaranteeing the equal protection of the laws
and the free exercise of religion and forbidding the establishment of
religion. The Federal Government can preserve these fundamental
commitments while empowering faith-based and neighborhood organizations
to deliver vital services in our communities, from providing mentors and
tutors to school children to giving ex-offenders a second chance at
work and a responsible life to ensuring that families are fed. The
Federal Government must also ensure that any organization receiving
taxpayers' dollars must be held accountable for its performance. Through
rigorous evaluation, and by offering technical assistance, the Federal
Government must ensure that organizations receiving Federal funds
achieve measurable results in furtherance of valid public purposes."
(b) by substituting "White House Office of Faith-Based and Neighborhood Partnerships" for "White House Office of Faith-Based
and Community Initiatives" each time it appears in the order; and by
substituting "Office" for "White House OFBCI" each time it appears in
the order.
(c) in section 3, by inserting after subsection (b) the following new subsections:
"(c) to ensure that services paid for with Federal Government funds
are provided in a manner consistent with fundamental constitutional
commitments guaranteeing the equal protection of the laws and the free
exercise of religion and prohibiting laws respecting an establishment of
religion;
(d) to promote effective training for persons providing federally
funded social services in faith-based and neighborhood organizations;
(e) to promote the better use of program evaluation and research, in
order to ensure that organizations deliver services as specified in
grant agreements, contracts, memoranda of understanding, and other
arrangements;", and renumbering the subsequent subsections of section 3
accordingly.
(d) in section 4, by striking the first sentence of subsection (b),
and inserting in lieu thereof the following: "The Office shall have a
staff to be headed by the Special Assistant to the President and
Executive Director of the White House Office of Faith-Based and
Neighborhood Partnerships (Executive Director)."
Sec. 2. President's Advisory Council on Faith-Based and Neighborhood Partnerships. (a) Establishment. There
is established within the Executive Office of the President the
President's Advisory Council on Faith-Based and Neighborhood
Partnerships (Council).
(b) Mission. The Council shall bring together leaders and
experts in fields related to the work of faith-based and neighborhood
organizations in order to: identify best practices and successful modes
of delivering social services; evaluate the need for improvements in the
implementation and coordination of public policies relating to
faith-based and other neighborhood organizations; and make
recommendations to the President, through the Executive Director, for
changes in policies, programs, and practices that affect the delivery of
services by such organizations and the needs of low-income and other
underserved persons in communities at home and around the world.
(c) Membership. (1) The Council shall be composed of not more
than 25 members appointed by the President from among individuals who
are not officers or employees of the Federal Government. The members
shall be persons with experience and expertise in fields related to the
provision of social services by faith-based and other neighborhood
organizations.
(2) Members of the Council shall serve for terms of 1 year, and may
continue to serve after the expiration of their terms until the
President appoints a successor. Members shall be eligible for
reappointment and serve at the pleasure of the President during their
terms.
(3) The President shall designate a member of the Council to serve as
Chair for a term of 1 year at the pleasure of the President. The Chair
may continue to serve after the expiration of the Chair's term and shall
be eligible for redesignation by the President.
(4) The Executive Director of the White House Office of Faith-Based
and Neighborhood Partnerships shall also serve as Executive Director of
the Council.
(5) The Council shall have a staff headed by the Executive Director.
(d) Administration. (1) Upon the request of the Chair, with
the approval of the Executive Director, the heads of executive
departments and agencies shall, to the extent permitted by law, provide
the Council with information it needs for purposes of carrying out its
mission.
(2) With the approval of the Executive Director, the Council may
request and collect information, hold hearings, establish subcommittees,
and establish task forces consisting of members of the Council or other
individuals who are not officers or employees of the Federal
Government, as necessary to carry out its mission.
(3) With the approval of the Executive Director, the Council may
conduct analyses and develop reports or other materials as necessary to
perform its mission.
(4) Members of the Council 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
Government service (5 U.S.C. 5701B5707) to the extent funds are
available.
(5) To the extent permitted by law, and subject to the availability
of appropriations, the Department of Health and Human Services shall
provide the Council with administrative support and with such funds as
may be necessary for the performance of the Council's functions.
(e) General Provisions. (1) Insofar as the Federal Advisory
Committee Act, as amended (5 U.S.C. App.) (Act), may apply to the
Council, any functions of the President under that Act, except for those
in section 6 of the Act, shall be performed by the Secretary of Health
and Human Services in accordance with guidelines issued by the
Administrator of General Services.
(2) The Council shall terminate 2 years from the date of this order unless extended by the President.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(1) authority granted by law to a department, agency, or the head thereof; or
(2) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) In order to ensure that Federal programs and practices involving
grants or contracts to faith-based organizations are consistent with
law, the Executive Director, acting through the Counsel to the
President, may seek the opinion of the Attorney General on any
constitutional and statutory questions involving existing or prospective
programs and practices.
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
BARACK OBAMA
THE WHITE HOUSE,
February 5, 2009.
February 5, 2009.
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