[Federal Register Volume 74, Number 25 (Monday, February 9, 2009)]
[Presidential Documents]
[Pages 6533-6535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2893]



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Part IV





The President





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Executive Order 13498--Amendments to Executive Order 13199 and 
Establishment of the President's Advisory Council for Faith-Based and 
Neighborhood Partnerships



Memorandum of February 5, 2009--Appliance Efficiency Standards
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  Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / 
Presidential Documents  

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 Title3--
 The President

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                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

[[Page 6534]]

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.

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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.

                    (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.

 [FR Doc. E9-2893 Filed 2-6-09; 12:00 pm]
Filed 2-6-09; 12:00 pm]
BILLING CODE 3195-W9-P