Executive Order 13498~~Faith Based

[James and Terry Hamilton]

Subject: Executive Order 13498 Establishment of the President's Advisory Council for Faith-Based and Neighborhood Partnerships


Presidential Documents

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Title3--
The President


Executive Order 13498 of February 5, 2009


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.


(Presidential Sig.)

THE WHITE HOUSE,

February 5, 2009.

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