Thursday, February 5th, 2009 at 12:00 am
Amendments
to Executive Order 13199 and Establishment of the President's Advisory
Council for Faith-Based and Neighborhood Partnerships
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For Immediate Release February 5, 2009
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AMENDMENTS
TO EXECUTIVE ORDER 13199 AND ESTABLISHMENT OF THE PRESIDENT'S ADVISORY
COUNCIL FOR FAITH-BASED AND NEIGHBORHOOD PARTNERSHIPS
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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:
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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:
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(a) by striking section 1, and inserting in lieu thereof the following:
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"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."
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(b) by substituting "White House Office of Faith-Based and Neighborhood Partnerships" for "White House Office of Faith-Based
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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.
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(c) in section 3, by inserting after subsection (b) the following new subsections:
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"(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;
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(d) to
promote effective training for persons providing federally funded
social services in faith-based and neighborhood organizations;
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(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.
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(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)."
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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).
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(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.
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(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.
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(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.
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(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.
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(4) The
Executive Director of the White House Office of Faith-Based and
Neighborhood Partnerships shall also serve as Executive Director of the
Council.
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(5) The Council shall have a staff headed by the Executive Director.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(2) The Council shall terminate 2 years from the date of this order unless extended by the President.
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Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
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(1) authority granted by law to a department, agency, or the head thereof; or
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(2) functions
of the Director of the Office of Management and Budget relating to
budget, administrative, or legislative proposals.
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(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
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(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.
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(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.
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