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EO 13559Executive OrderObama · D

Executive Order 13559

Fundamental Principles and Policymaking Criteria for Partnerships With Faith-Based and Other Neighborhood Organizations

This executive order amends Executive Order 13279 to establish constitutional and operational principles for federal partnerships with faith-based and neighborhood organizations. It mandates equal treatment of faith-based providers in federal social service funding while prohibiting religious discrimination against beneficiaries and requiring separation of explicitly religious activities from federally funded programs. The order creates an Interagency Working Group to ensure uniform implementation across agencies and requires a report within 120 days on model regulations and guidance.

Federal Register Open PDF 75 FR 71319

Impact dates

  1. Working Group submits report to President on amendments, changes, or additions needed for regulations and guidance documents

Key directives

  • Amend Executive Order 13279 to replace 'community' with 'other neighborhood' throughout
  • Establish Interagency Working Group on Faith-Based and Other Neighborhood Partnerships
  • Working Group to submit report within 120 days with model regulations in eight areas
  • Agencies must post online regulations, guidance, and list of federal financial assistance recipients
  • Specified agency heads must amend existing policies to ensure consistency with fundamental principles
  • Prohibit discrimination against beneficiaries on basis of religion, religious belief, refusal to hold belief, or refusal to participate in religious practice
  • Require faith-based organizations to provide explicitly religious activities separately in time or location from federally funded programs
  • Require referral to alternative provider when beneficiary objects to religious character of service provider
  • Require written notice of beneficiary protections prior to enrollment in services

Who is ordered

Timeline

Immediate

  • Working Group established with Co-Chairs from Office of Faith-Based and Neighborhood Partnerships and OMB
  • specified agency heads directed to review existing policies for consistency with new principles

Near term (90d)

  • Working Group must submit report to President within 120 days (by March 17, 2011) on necessary amendments to regulations and guidance
  • report must include model regulations in eight specified areas including separation requirements, beneficiary protections, and training
  • OMB Director to issue guidance to agencies following receipt of Working Group report

Long term

  • ongoing requirement for agencies to post online regulations, guidance, and list of funding recipients
  • periodic Working Group meetings to review and evaluate agency policies
  • potential agency-by-agency regulatory amendments to align with fundamental principles

Risks & tensions

  • Establishment Clause vs. Free Exercise Clause tension inherent in faith-based funding; EO attempts to navigate this but litigation risk persists
  • 'Direct' vs. 'indirect' federal financial assistance distinction (section 2(b)(viii)) is complex and may create implementation uncertainty
  • Alternative provider referral requirement may be administratively burdensome in underserved areas
  • Political interference prohibition (section 2(j)) is aspirational; enforcement mechanism unclear
  • EO explicitly disclaims creating enforceable rights (Section 2(d)), limiting beneficiary recourse
Executive Order 13559: Fundamental Principles and Policymaking Criteria for Partnerships With Faith-Based and Other Neighborhood Organizations · Executive Orders