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 Executive Orders EO 13262 106-65, ll3 Star. 512 (1999) increasin\365 the iurisdictional maximum pun- ishment at special courts-martial. The amendment ensures all special courts-martial not requirin\365 appellate review are reviewed by a iud\365e advo- cate under R.C.M. ill2.". x. The Analysis to R.C.M. \177305 (d) is amended to read as follows: "(d) Frowarding copies of the record. Subsection (\177) is based on Article 60(b)(2). Subsection (2) is based on the third paragraph of paragraph 9\177c of MCM, 1969 (Rev.). Subsection (3) is self- explanatory. "2001 Amendment: Subsection (d)(2) was amended to strike the ref- erence to "subsection (e)(1)" and insert a reference to "subsection (d)(1)" to reflect the 1995 amendment that redesignated R.C.M. 1305(e) as R.C.M. 1305(d).". 2. Changes to Appendix 22, the Analysis Accompanying the Militmy ttules of Evidence (Part III, MCM). a. The Analysis to Mil. R. Evid. 4\1773 is amended by adding at the end the following now paragraph: "2002 Amendment: Federal Rule of Evidence 4\1775 which created a simi- lar character evidence rule for civil cases, became applicable to the Military Rules of Evidence on January 6, \177996, pursuant to Rule \177102. Federal Rule 4\1775, however, is no longer applicable to the Military Rules of Evidence, as stated in Section \177 of Executive Order, 2002 Amendments to the Manual for Court-Martial, United States, (date) Rule 4\1775 was deleted because it ap- plies only to federal civil proceedings.". b. The Analysis to Mil. R. Evid. 4\1774 is amended by adding at the end the following now paragraph: "2002 Amendment: Federal Rule of Evidence 415 which created a simi- lar character evidence rule for civil cases, became applicable to the Military Rules of Evidence on January 6, \177996, pursuant to Rule \17702. Federal Rule 4\1775, however, is no longer applicable to the Military Rules of Evidence, as stated in Section 1 of Executive Order, 2002 Amendments to the Manual for Court-Martial, United States, (date) Rule 4\1775 was deleted because it ap- plies only to federal civil proceedings." c. The analysis to Mil. R. Evid. 6\1775 is amended by adding at the end the following now paragraph: "2002 Amendment: These changes are intended to extend to victims at courts-martial the same rights granted to victims by the Victims' Rights and Restitution Act of 1990, 42 U.S.C. \365 10606(b)(4), giving crime victims '[t]he right to be present at all public court proceedings related to the offense, unless the court determines that testimony by the victim would be materi- ally affected if the victim heard other testimony at trial,' and the Victim Rights Clarification Act of 1997, \1778 U.S.C. \365 35\1770, which is restated in sub- section (5). For the purposes of this rule, the term 'victim' includes all per- sons defined as victims in 42 U.S.C. \365 10607(e)(2), which means 'a person that has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime, including'--(A) in the case of a victim that is an institutional entity, an authorized representative of the entity; and (t\177) in the case of a victim who is under \1778 years of ago, incompetent, incapaci- tated, or deceased, one of the following (in order of preference): (i) a spouse; (ii) a legal guardian; (iii) a parent; (iv) a child; (v) a sibling; (vi) another family member; or (vii) another person designated by the court. 229

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 EO 13262 Title 3--The President 'The victim's right to remain in the courtroom remains subiect to other rules, such as those regarding classified information, witness deportment, and conduct in the courtroom. Subsection (4) is intended to capture only those statutes applicable to courts-martial.". 3. Changes to Appendix 23, the Analysis accompanying the Punitive Arti- cles (Part IV, MCM). a. The Analysis to paragraph 27(e) is amended by adding at the end the following new paragraph: "2002 Amendment: The monetary amount affecting the maximum pun- ishments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $\17700. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally Amer- ican Law Institute, Model Penal Code and Commentaries \365 223A (\177980) (suggesting $500 as the value). The amendment also adds the phrase 'or any firearm or explosive' as an additional criterion. This is because, regard- less of the intrinsic value of such items, the threat to the community is sub- stantial when such items are wrongfully bought, sold, traded, dealt in or disposed.". b. The Analysis to paragraph 3\177(c)(6) is amended to read as follows: "2002 Amendment: Subparagraph c(6), 'Statements made during an in- terrogation,' was removed in light of questions raised by the Court of Ap- peals for the Armed Forces in United States v. Softs, 46 M.J. 3% 35 (C.A.A.F. \177997). In Solis, the court said subparagraph c(6) could be viewed as serving at least three different purposes. It could be (\177) an expansive de- scription of dicta with no intent to limit prosecutions; (2) protection for an accused against overcharging; or (3) guidance for the conduct of investiga- tions. Subparagraph c(6) was never intended to establish either procedural rights for an accused or internal guidelines to regulate government conduct. Subparagraph (c)(6) was based upon United States v. Aronson, 8 U.S.C.M.A. 525, 25 C.M.R. 29 (\177957); United States v. Washington, 9 U.S.C.M.A. \17731, 25 C.M.R. 393 (\177958) and United States v. Davenport, 9 M.}. 364 (C.M.A. \177980) and was intended merely to describe the rule devel- oped in those cases that a false statement to a law enforcement agent, when made by a servicemember without an independent duty to speak, was not 'official' and therefore not within the purview of Article \17707. The subpara- graph is removed because the position of the Court of Military Appeals in the three decisions noted above was abandoned in United States v. Jackson, 26 M.J. 377 (C.M.A. 1988) and the deleted paragraph no longer accurately describes the current state of the law.". c. The Analysis to paragraph 32(e) is amended by adding at the end the following new paragraph: "2002 Amendment: The monetary amount affecting the maximum pun- ishments has been revised from $100 to $500 to account for inflation. The last change was in \177969 raising the amount to $\17700. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally Amer- ican Law Institute, Model Penal Code and Commentaries \365 223A (\177980) (suggesting $500 as the value). Although the monetary amount affecting punishment in 18 U.S.C. \365 \17736% Government property or contracts, and \1778 U.S.C. \365 64% Public money, property or records, was increased from $100 230

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 Executive Orders EO 13262 to $1000 pursuant to section 606 of the Economic Espionage Act of 1996, P. L. No. 104-294, 110 Stat. 3488 (1996), a value of $500 was chosen to maintain deterfence, simplicity, and uniformity for the Manual's property offenses.". d. The Analysis to paragraph 33(e) is amended by adding at the end the following new paragraph: "2002 Amendment: The monetary amount affecting the maximum pun- ishments has been revised from $100 to $500 to account for inflation. The last change was in \177969 raising the amount to $\17700. The value has also been readiusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally Amer- ican Law Institute, Model Penal Code and Commentaries \365 223.1 (1980) (suggesting $500 as the value).". e. The Analysis to paragraph 46(c) is amended by adding at the end the following new paragraph: "2002 Amendment: Subparagraph c(1)(h)(vi) is new. It was added to pro- vide guidance on how unauthorized credit, debit, or electronic transactions should usually be charged. See United States v. Duncan, 30 M.J. 1284, 289 (N.M.C.M.R. 1990) (citing United States v. Jones, 29 C.M.R. 651 (A.B.R. 1960), petition denied, 30 C.M.R. 417 (C.M.A. 1960)) (regarding thefts from ATM machines). Alternative charging theories are also available, see United States v. Leslie, 13 M.J. 170 (C.M.A. 1982); United States v. Hagins, 11 M.J. 42 (C.M.A. 1981); United States v. Schaper, 42 M.J. 737 (A.F. Ct. Crim. App. 1995); and United States v. Christy, 18 M.J. 688 (N.M.C.M.R. 1984). The key under Article 121 is that the accused wrongfully obtained goods or money from a person or entity with a superior possessory interest.". f. The Analysis to paragraph 46(e) is amended by adding at the end the fol- lowing new paragraph: "2002 Amendment: The monetary amount affecting the maximum pun- ishments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $100. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally Amer- ican Law Institute, Model Penal Code and Commentaries \365 223.1 (1980) (suggesting $500 as the value). Although the monetary amount effecting punishment in 18 U.S.C. \365 1361, Government property or contracts, and 18 U.S.C. \365 641, Public money, property or records, was increased from $100 to $1000 pursuant to section 606 of the Economic Espionage Act of 1996, P. L. No. 104-294, 110 Stat. 3488 (1996), a value of $500 was chosen to maintain deterfence, simplicity, and uniformity for the Manual's property offenses.". g. The Analysis to paragraph 49(e) is amended by adding at the end the following new paragraph: "2002 Amendment: The monetary amount affecting the maximum pun- ishments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $100. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally Amer- ican Law Institute, Model Penal Code and Commentaries \365 223.1 (1980) (suggesting $500 as the value).". 231

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 EO 13262 Title 3--The President h. The Analysis to paragraph 52(e) is amended by adding at the end the following new paragraph: "2002 Amendment: The monetary amount affecting the maximum pun- ishments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $100. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally Amer- ican Law Institute, Model Penal Code and Commentaries \365 223.1 (1980) (suggesting $500 as the value). A value of $500 was chosen to maintain de- terrence, simplicity, and uniformity for the Manual's property offenses. 18 U.S.C. \365 81, Arson within speciu] rnuritirne und territoriul jurisdiction, no ]onger grades the offense on the basis of va]ue.". i. The Ana]ysis to paragraph 58(e) is amended by adding at the end the fo]- ]owing new paragraph: "2002 Amendment: The monetary amount affecting the maximum pun- ishments has been revised from $100 to $500 to account for inflation. The ]ast change was in 1969 raising the amount to $100. The va]ue has a]so been readjusted to rea]ign it more c]ose]y with the division between fe]ony and misdemeanor pena]ties in civi]ian jurisdictions. See generully Amer- ican Law Institute, Mode] Pena] Code and Commentaries \365 223.1 (1980) (suggesting $500 as the va]ue).". j. The Ana]ysis to paragraph 62. Artic]e 134 '(Adu]tery) is amended to read as follows: "c. Explanation. (1) Subparagraph c(2) is based on United States. v. Sny- der, 4 C.M.R. 15 (1952); United States v. l\177uiz, 46 M.J. 5O3 (A. F. Ct. Crim. App. 1997); United States v. Green, 39 M.J. 606 (A.C.M.R. 1994); United States v. Collier, 36 M.J. 501 (A.F.C.M.R. 1992); United States v. Perez, 33 M.J. 1050 (A.C.M.R. 1991); United States v. Linnear, 16 M.J. 628 (A.F.C.M.R. 1983); Part IV, paragraph 60c(2)(a) of MCM. Subparagraph c(3) is based on United States v. Poole, 39 M.J. 819 (A.C.M.R. 1994). Subpara- graph c(4) is based on United States v. Fogarty, 35 M.J. 885 (A.C.M.R. 1992); Military Judges' Benchbook, DA PAM 27-9, paragraph 3-62-1 and 5-11-2 (30 Sep. 1996). See R.C.M. 916(j) and (1)(1) for a general discussion of mistake of fact and ignorance, which cannot be based on a negligent fail- ure to discover the true facts. "(2) When determining whether adulterous acts constitute the offense of adultery under Article 134, commanders should consider the listed factors. Each commander has discretion to dispose of offenses by members of the command. As with any alleged offense, however, under R.C.M. 306(b) com- manders should dispose of an allegation of adultery at the lowest appro- priate level. As the R.C.M. 306(b) discussion states, many factors must be taken into consideration and balanced, including, to the extent practicable, the nature of the offense, any mitigating or extenuating circumstances, the character and military service of the military member, any recommenda- tions made by subordinate commanders, the interests of justice, military ex- igencies, and the effect of the decision on the military member and the command. The goal should be a disposition that is warranted, appropriate, and fair. In the case of officers, also consult the explanation to paragraph 59 in deciding how to dispose of an allegation of adultery.". k. The Analysis to paragraph 78(e) is amended by adding at the end the following new paragraph: 232

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 Executive Orders EO 13263 "2002 Amendment: The monetary amount affecting the maximum pun- ishments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $100. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian iurisdictions. See generally Amer- ican Law Institute, Model Penal Code and Commentaries \365 223.1 (1980) (suggesting $500 as the value).". 1. The Analysis to paragraph 106(e) is amended by adding at the end the following new paragraph: "2002 Amendment: The monetary amount affecting the maximum pun- ishments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $100. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian iurisdictions. See generally Amer- ican Law Institute, Model Penal Code and Commentaries \365 223.1 (1980) (suggesting $500 as the value).". Executive Order 13263 of April 29, 2002 President's New Freedom Commission on Mental Health By the authority vested in me as President by the Constitution and the laws of the United States of America, and to improve America's mental health service delivery system for individuals with serious mental illness and children with serious emotional disturbances, it is hereby ordered as fol- lows: Section 1. Establishment. There is hereby established the President's New Freedom Commission on Mental Health (Commission). Sec. 2. Membership. (a) The Commission's membership shall be composed of: (i) Not more than fifteen members appointed by the President, includ- ing providers, payers, administrators, and consumers of mental health services and family members of consumers; and (ii) Not more than seven ex officio members, four of whom shall be designated by the Secretary of Health and Human Services, and the re- maining three of whom shall be designated--one each--by the Secre- taries of the Departments of Labor, Education, and Veterans Affairs. (b) The President shall designate a Chair from among the fifteen mem- bers of the Commission appointed by the President. Sec. 3. Mission. The mission of the Commission shall be to conduct a com- prehensive study of the United States mental health selwice delivery sys- tem, including public and private sector providers, and to advise the Presi- dent on methods of improving the system. The Commission's goal shall be to recommend improvements to enable adults with serious mental illness and children with serious emotional disturbances to live, work, ]earn, and participate fully in their communities. In carrying out its mission, the Com- mission shall, at a minimum: (a) Review the current quality and effectiveness of public and private providers and Federal, State, and local government involvement in the de- 233

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 EO 13263 Title 3--The President livery of services to individuals with serious mental illnesses and children with serious emotional disturbances, and identify unmet needs and barriers to services. (b) Identify innovative mental health treatments, services, and tech- nologies that are demonstrably effective and can be widely replicated in different settings. (c) Formulate policy options that could be implemented by public and private providers, and Federal, State, and local governments to integrate the use of effective treatments and services, improve coordination among serv- ice providers, and improve community integration for adults with serious mental illnesses and children with serious emotional disturbances. Sec. 4. Principles. In conducting its mission, the Commission shall adhere to the following principles: (a) The Commission shall focus on the desired outcomes of mental health care, which are to attain each individual's maximum level of em- ployment, self-care, interpersonal relationships, and community participa- tion; (b) The Commission shall focus on community-level models of care that efficiently coordinate the multiple health and human service providers and public and private payers involved in mental health treatment and delivery of services; (c) The Commission shall focus on those policies that maximize the util- ity of existing resources by increasing cost effectiveness and reducing un- necessary and burdensome regulatory barriers; (d) The Commission shall consider how mental health research findings can be used most effectively to influence the delivery of services; and (e) The Commission shall follow the principles of Federalism, and en- sure that its recommendations promote innovation, flexibility, and account- ability at all levels of government and respect the constitutional role of the States and Indian tribes. Sec. 5. Administration. (a) The Department of Health and Human Services, to the extent permitted by law, shall provide funding and administrative support for the Commission. (b) To the extent funds are available and as authorized by law for per- sons serving intermittently in Government service (5 U.S.C. 5701-5707), members of the Commission appointed from among private citizens of the United States may be allowed travel expenses while engaged in the work of the Commission, including per diem in lieu of subsistence. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (c) The Commission shall have a staff headed by an Executive Director, who shall be selected by the President. To the extent permitted by law, of- fice space, analytical support, and additional staff support for the Commis- sion shall be provided by executive branch departments and agencies. (d) Insofar as the Federal Advisory Committee Act, as amended, may apply to the Commission, any functions of the President under that Act, except for those in section 6 of that Act, shall be performed by the Depart- 234

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 Executive Orders EO 13265 ment of Health and Human Services, in accordance with the guidelines that have been issued by the Administrator of General Services. Sec. 6. Departs. The Commission shall submit reports to the President as follows: (a) Interim Depart. Within 6 months from the date of this order, an in- terim report shall describe the extent of unmet needs and barriers to care within the mental health system and provide examples of community- based care models with success in coordination of services and providing desired outcomes. (b) Final Hopart. The final report will set forth the Commission's rec- ommendations, in accordance with its mission as stated in section 3 of this order. The submission date shall be determined by the Chair in consulta- tion with the President. Sec. 7. Termination. The Commission shall terminate 1 year from the date of this order, unless extended by the President prior to that date. GEORGE W. BUSH THE WHITE HOUSE, April 29, 2002. Executive Order 13264 of June 4, 2002 Amendment to Executive Order 13180, Air Traffic Performance-Based Organization By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered that Executive Order 13\17780 of December 7, 2000, is amended as follows: Section 1. The first sentence of that order is amended by deleting ", an in- herently governmental function,". Sect. 2. Section 6 of that order is amended to read as follows: "This order is intended only to improve the internal management of the executive branch and is not intended to, nor does it, create any right to administra- tive or judicial review, or any right, whether substantive or procedural, en- forceable by any party against the United States, its agencies or instrumen- tallties, its officers or employees, or any other person." GEORGE W. BUSH THE WHITE HOUSE, June 4, 2002. Executive Order 13265 of June 6, 2002 President's Council on Physical Fitness and Sports By the authority vested in me as President by the Constitution and the laws of the United States of America, and to expand the executive branch's pro- 235

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 EO 13265 Title 3--The President gram for physical fitness and sports and establish the President's Council on Physical Fitness and Sports (the "Council"), it is hereby ordered as fol- lows: Section 1. Purpose. The Secretary of Health and Human Services (Sec- retary) shall, in carrying out his responsibilities for public health and human selwices, develop and coordinate a national program to enhance physical activity and sports participation. Through this program, the Sec- retary shall seek to: (a) expand national interest in and awareness of the benefits of regular physical activity and active sports participation; (b) stimulate and enhance coordination of programs within and among the private and public sectors that promote participation in, and safe and easy access to, physical activity and sports; (c) expand availability of quality information and guidance regarding physical activity and sports participation; (d) integrate physical activity into a broader health-promotion and dis- ease-prevention effort through Federal agencies and the private sector; and (e) target a]] Americans, with particular emphasis on children and ado- ]escents, as we]] as populations or communities in which specific risks or disparities in participation in, access to, or know]edge about the benefits of physical activity have been identified. Sec. 2. The President's Council on Physical Fitness and Sports. (a) There is hereby established the President's Council on Physical Fit- ness and Sports. (b) The Council shall be composed of up to 20 members appointed by the President. The President may designate one or more members to be Chair or Vice Chair. Each member shall selwe for a term of 2 years and may continue to serve after the expiration of that term until a successor is ap- pointed. Sec. 3. Functions of the Council (a) The Council shall advise the President, through the Secretary, con- cerning progress made in carrying out the provisions of this order and shall recommend to the President, through the Secretary, actions to accelerate progress. (b) The Council shall advise the Secretary on ways to enhance opportu- nities for participation in physical fitness and sports. Recommendations may address, but are not necessarily limited to, public awareness cam- paigns, Federal, State, and local physical activity initiatives, and partner- ship opportunities between public- and private-sector health-promotion en- tities. (c) The Council shall function as a liaison to relevant State, local, and private entities in order to advise the Secretary regarding opportunities to extend and improve physical activity programs and selwices at both the local and national levels. (d) The Council shall monitor the need for the enhancement of programs and educational and promotional materials sponsored, overseen, or dis- seminated by the Council and shall advise the Secretary as necessary con- cerning such need. 236

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 Executive Orders EO 13266 Sec, 4. Administration. (a) Each Federa] agency sha]], to the extent permitted by ]aw and subject to avai]ab]e funds, furnish such information and assistance to the Secretary and the Counci] as they may request. (b) The members of the Counci] sha]] serve without compensation for their work on the Council Members of the Counci] may, however, receive trave] expenses, inc]uding per diem in ]ieu of subsistence, as authorized by ]aw for persons serving intermittent]y in the Government (5 U.S.C. 5701- 5707). (c) To the extent permitted by ]aw, the Secretary sha]] furnish the Coun- ci] with necessary staff, supp]ies, faci]ities, and other administrative sezw- ices. The expenses of the Counci] sha]] be paid from funds avai]ab]e to the Secretary. (d) The Secretary shall appoint an Executive Director of the Council who shall serve as a liaison to the Secretary and the White House on matters and activities pertaining to the Council. (e) The Council may establish subcommittees as appropriate to aid in its work. Such subcommittees shall meet on a voluntary basis and be defined by objectives established in coordination with and agreed upon by the Sec- retary and the President. (f) The seal prescribed by Executive Order 10830 of July 24, 1959, as amended, shall be the seal of the President's Council on Physical Fitness and Sports established by this order. Sec. 5. General Provisions. (a) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (Act), may apply to the Administration of any portion of this order, any functions of the President under the Act, except that of reporting to the Congress, shall be performed by the Secretary in accordance with the guidelines and procedures issued by the Administrator of General Services. (b) In accordance with the Act, the Council shall terminate 2 years from the date of this order, unless extended by the President. (c) Executive Order 12345 of February 2, 1982, as amended, is revoked. GEORGE W. BUSH THE WHITE HOUSE, June 6, 2002. Executive Order 13266 of June 20, 2002 Activities To Promote Personal Fitness By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to improve the efficiency and coordination of Federal policies related to personal fitness of the general public, it is hereby ordered as follows: Section 1. Policy. This order is issued consistent with the following find- ings and principles: 237

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 EO 13266 Title 3--The President (a) Growing scientific evidence indicates that an increasing number of Americans are suffering from negligible physical activity, poor dietary hab- its, insufficient utilization of preventive health screenings, and engaging in risky behaviors such as abuse of alcohol, tobacco, and drugs. (b) Existing information on the importance of appropriate physical activ- ity, diet, preventive health screenings, and avoiding harmful substances is often not received by the public, or, if received, is not acted on sufficiently. (c) Individuals of all ages, locations, and levels of personal fitness can benefit from some level of appropriate physical activity, dietary guidance, preventive health screening, and making healthy choices. (d) While personal fitness is an individual responsibility, the Federal Government may, within the authority and funds otherwise available, ex- pand the opportunities for individuals to empower themselves to improve their general health. Such opportunities may include improving the flow of information about personal fitness, assisting in the utilization of that in- formation, increasing the accessibility of resources for physical activity, and reducing barriers to achieving good personal fitness. Sec. 2. Agency Responsibilities in Promoting Personul Fitness. (a) The Secretaries of Agriculture, Education, Health and Human Serv- ices (HHS), Housing and Urban Development, Interior, Labor, Transpor- tation, and Veterans Affairs, and the Director of the Office of National Drug Policy shall review and evaluate the policies, programs, and regulations of their respective departments and offices that in any way re]ate to the per- sona] fitness of the genera] public. Based on that review, the Secretaries and the Director shall determine whether existing policies, programs, and regulations of their respective departments and offices should be modified or whether new policies or programs could be implemented. These new policies and programs shall be consistent with otherwise available author- ity and appropriated funds, and shall improve the Federal Government's assistance of individuals, private organizations, and State and local govern- ments to (i) increase physical activity; (ii) promote responsible dietary hab- its; (iii) increase utilization of preventive health screenings; and (iv) en- courage healthy choices concerning alcohol, tobacco, drugs, and safety among the genera] public. (b) Each department and office included in section 2(a) shall report to the President, through the Secretary of Health and Human Services, its pro- posed actions within 90 days of the date of this order. (c) There shall be a Persona] Fitness Interagency Working Group (Work- ing Group), composed of the Secretaries or Director of the departments and office included in section 2(a) (or their designees) and chaired by the Sec- retary of HHS or his designee. In order to improve efficiency through infor- mation sharing and to eliminate waste and overlap, the Working Group shall work to ensure the cooperation of Federal agencies in coordinating Federal persona] fitness activities. The Working Group shall meet subiect to the ca]] of the Chair, but not ]ess than twice a year. The Department of Health and Human Services shall provide such administrative support to the Working Group as the Secretary of HHS deems necessary. Each member of the Working Group shall be a full-time or permanent part-time officer or employee of the Federal Government. 238

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 Executive Orders EO 13267 Sec. 3. General Provisions. This order is intended only to improve the in- ternal management of the executive branch and it is not intended to, and does not, create any right, benefit, trust, or responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies or entities, its officers or employees, or any person. GEORGE W. BUSH THE WHITE HOUSE, June 20, 2002. Executive Order 13267 of June 20, 2002 Establishing a Transition Planning Office for the Department of Homeland Security Within the Office of Management and Budget By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Establishment. I hereby establish within the Office of Manage- ment and Budget (OMB) a Transition Planning Office for the Department of Homeland Security (the "Transition Planning Office"), to be headed by the Director of the Transition Planning Office for the Department of Home- land Security (the "Director for Transition Planning"). Sec. 2. Missions. The missions of the Transition Planning Office shall be to: (a) coordinate, guide, and conduct transition and related planning throughout the executive branch of the United States Government in prepa- ration for establishment of the proposed Department of Homeland Security; and (b) consistent with Presidential guidance, work with the Congress as it considers legislation to establish that Department. Sec. 3. Administration. (a) The Director of OMB shall ensure that the Tran- sition Planning Office receives appropriate personnel (including detailees and assignees, as appropriate), funding, and administrative support for the Office, subject to the availability of appropriations. The Director of OMB is authorized to make expenditures under section 522 of title 31, United States Code, as may be appropriate to carry out this order. (b) If an individual who is an Assistant to the President is appointed to serve simultaneously as Director for Transition Planning, the functioning, personnel, funds, records, and property of the office of the Assistant to the President and the office of the Director for Transition Planning shall be kept separate in the same manner as if the two offices were headed by two different individuals. Sec. 4. Other Departments and Agencies. This order does not alter the ex- isting authorities of United States Government departments and agencies. In carrying out the missions set forth in section 2 of this order, all execu- tive departments and agencies are directed to assist the Director for Transi- 239

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 EO 13268 Title 3--The President tion Planning and the Transition Planning Office to the extent permitted by law. Sec. 5. Termination. The Transition Planning Office, and all the authorities of this order, shall terminate within 90 days after the date on which legisla- tion creating the Department of Homeland Security is enacted, or within 1 year of the date of this order, whichever occurs first. GEORGE W. BUSH THE WHITE HOUSE, June 20, 2002. Executive Order 13268 of July 2, 2002 Termination of Emergency With Respect to the Taliban and Amendment of Executive Order 13224 of September 23, 2001 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. \17770\177 et seq.), the National Emergencies Act (50 U.S.C. \17760\177 et seq.) (NEA), section 5 of the United Nations Partici- pation Act of \177945, as amended (22 U.S.C. 287c), and section 301 of title 3, United States Code, I, GEORGE W. BUSH, President of the United States of America, find that the situation that gave rise to the declaration of a national emergency in Executive Order \1773\17729 of July 4, \177999, with respect to the Taliban, in al- lowing territory under its control in Afghanistan to be used as a safe haven and base of operations for Usama bin Ladin and the A1-Qaida organization, has been significantly altered given the success of the military campaign in Afghanistan, and hereby revoke that order and terminate the national emergency declared in that order with respect to the Tallban. At the same time, and in order to take additional steps with respect to the grave acts of terrorism and threats of terrorism committed by foreign terrorists, the continuing and immediate threat of further attacks on United States nation- als or the United States, and the national emergency described and de- clared in Executive Order \1773224 of September 23, 200% I hereby order: Section 1. The Annex to Executive Order \1773224 of September 23, 200% is amended by adding thereto the following persons in appropriate alphabet- ical order: Mohammed Omar (aka, Amir al-Mumineen [Commander of the Faithful]) The Tallban. Sec. 2. For the purposes of this order and Executive Order \1773224 of Sep- tember 23, 200% the term "the Taliban" is also known as the "Taleban," "Islamic Movement of Tallban," "the Tallban Islamic Movement," "Talibano Islami Tahrik," and "Tabtike Islami'a Tallban". The Secretary of State, in consultation with the Secretary of the Treasury, is hereby author- ized to modify the definition of the term "the Tallban," as appropriate. Sec. 3. Nothing contained in this order shall create any right or benefit, substantive or procedural, enforceable by any party against the United 240

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 Executive Orders EO 13269 States, its agencies or instrumentalities, its officers or employees, or any other person. Sec. 4. Pursuant to section 202 of the NEA (50 U.S.C. 1622), termination of the national emergency with respect to the Taliban shall not affect any action taken or proceeding pending not finally concluded or determined as of the date of this order, or any action or proceeding based on any act com- mitted prior to the date of this order, or any rights or duties that matured or penalties that were incurred prior to the date of this order. GEORGE W. BUSH THE WHITE HOUSE, i\177]y 2, 2002. Executive Order 13269 of July 3, 2002 Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism By the authority vested in me as President by the Constitution and the ]aws of the United States of America, including section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) (the "Act"), and solely in order to pro- vide expedited naturalization for aliens and noncitizen nationals serving in an active-duty status in the Armed Forces of the United States during the period of the war against terrorists of global reach, it is hereby ordered as follows: For the purpose of determining qualification for the exception from the usual requirements for naturalization, I designate as a period in which the Armed Forces of the United States were engaged in armed conflict with a hostile foreign force the period beginning on September \177, 200\177. Such pe- riod will be deemed to terminate on a date designated by future Executive Order. Those persons serving honorably in active-duty status in the Armed Forces of the United States, during the period beginning on September 1l, 200% and terminating on the date to be so designated, are eligible for natu- ralization in accordance with the statutory exception to the naturalization requirements, as provided in section 329 of the Act. Nothing contained in this order is intended to affect, nor does it affect, any other power, right, or obligation of the United States, its agencies, officers, employees, or any other person under Federal law or the law of nations. GEORGE W. BUSH THE WHITE HOUSE, July 3, 2002. 241

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 EO 13270 Title 3--The President Executive Order 13270 of July 3, 2002 Tribal Colleges and Universities By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. There is a unique relationship between the United States and Indian tribes, and a special relationship between the United States and Alaska Native entities. It is the policy of the Federal Government that this Nation's commitment to educational excellence and opportunity must ex- tend as well to the tribal colleges and universities (tribal colleges) that serve Indian tribes and Alaska Native entities. The President's Board of Ad- visors on Tribal Colleges and Universities (the "Board") and the White House Initiative on Tribal Colleges and Universities (WHITCU) established by this order shall ensure that this national policy regarding tribal colleges is carried out with direct accountability at the highest levels of the Federal Government. Tribal colleges are both integral and essential to their communities. Often they are the only postsecondary institutions within some of our Nation's poorest rural areas. They fulfill a vital role: in maintaining and preserving irreplaceable languages and cultural traditions; in offering a high-quality college education to younger students; and in providing iob training and other career-building programs to adults and senior citizens. Tribal colleges provide crucial services in communities that continue to suffer high rates of unemployment and the resulting social and economic distress. The Federal Government's commitment to tribal colleges is reaffirmed and the private sector can and should contribute to the colleges' educational and cultural missions. Finally, postsecondary institutions can play a vital role in promoting excel- lence in early childhood, elementary, and secondary education. The Fed- eral Government will therefore work to implement the innovations and re- forms of the No Child Left Behind Act of 2001 (Public Law 107-\1770) in partnership with tribal colleges and their American Indian and Alaska Na- tive communities. Sec. 2. Definition of Tribal Colleges and Universities. Tribal colleges are those institutions cited in section 532 of the Equity in Educational Land- Grant Status Act of \177994 (7 U.S.C. 30\177 note), any other institution that qualifies for funding under the Tribally Controlled Community College As- sistance Act of 1978 (25 U.S.C. iS01 et seq.), and Din\177 College, authorized in the Navaio Community College Assistance Act of \177978, Public Law 95- 47% title II (25 U.S.C. 640a note). Sec. 3. Board of Advisors. (a) Establishment. There shall be established in the Department of Education a Presidential advisory committee entitled the President's Board of Advisors on Tribal Colleges and Universities (the "Board"). (b) Membership. The Board shall consist of not more than 15 members who shall be appointed by the President, one of whom shall be designated by the President as Chair. The Board shall include representatives of tribal colleges and may also include representatives of the higher, early child- hood, elementary, and secondary education communities; tribal officials; 242

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 Executive Orders EO 13270 health, business, and financial institutions; private foundations; and such other persons as the President deems appropriate. (c) Functions. The Board shall provide advice regarding the progress made by Federal agencies toward fulfilling the purposes and objectives of this order. The Board also shall provide recommendations to the President, through the Secretary of Education (Secretary), on ways the Federal Gov- ernment can help tribal colleges: (1) use long-term development, endowment building, and planning to strengthen institutional viability; (2) improve financial management and security, obtain private-sector funding support, and expand and complement Federal education initia- tives; (3) develop institutional capacity through the use of new and emerging technologies offered by both the Federal and private sectors; (4) enhance physical infrastructure to facilitate more efficient oper- ation and effective recruitment and retention of students and faculty; and (5) help implement the No Child Left Behind Act of 2001 and meet other high standards of educational achievement. (d) Meetings. The Board shall meet at least annually, at the request of the Secretary, to provide advice and consultation on tribal colleges and rel- evant Federal and private-sector activities, and to transmit reports and present recommendations. Sec. 4. White House Initiative on Tribal Colleges and Universities. There shall be established in the Department of Education, Office of the Secretary, the White House Initiative on Tribal Colleges and Universities (WHITCU). The WHITCU shall: (a) provide the staff support for the Board; (b) assist the Secretary in the role of liaison between the executive branch and tribal colleges; and (c) serve the Secretary in carrying out the Secretary's responsibilities under this order. Sec. 5. Department and Agency Participation. Each participating executive department and agency (agency), as determined by the Secretary, shall ap- point a senior official who is a full-time officer of the Federal Government and who is responsible for management or program administration. The of- ficial shall report directly to the agency head, or to the agency head's des- ignee, on agency activity under this order and serve as liaison to the WHITCU. To the extent permitted by law and regulation, each agency shall provide appropriate information as requested by the WHITCU staff pursu- ant to this order. Sec. 6. Three-Year Federal Plan. (a) Content. Each agency identified by the Secretary shall develop and implement a Three-Year Plan of the agency's efforts to fulfill the purposes of this order. These Three-Year Plans shall include annual performance in- dicators and appropriate measurable objectives for the agency. Among other relevant issues, the plans shall address how the agency intends to in- crease the capacity of tribal colleges to compete effectively for any available grants, contracts, cooperative agreements, and any other Federal resources, 243

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 EO 13270 Title 3--The President and to encourage tribal colleges to participate in Federal programs. The plans also may emphasize access to high-quality educational opportunities for economically disadvantaged Indian students, consistent with require- ments of the No Child Left Behind Act of 2001; the preservation and revi- talization of tribal languages and cultural traditions; and innovative ap- proaches to better link tribal colleges with early childhood, elementary, and secondary education programs. The agency's performance indicators and objectives should be clearly reflected in the agency's annual budget submis- sion to the Office of Management and Budget. To facilitate the attainment of these performance indicators and objectives, the head of each agency identified by the Secretary, shall provide, as appropriate, technical assist- ance and information to tribal colleges regarding the program activities of the agency and the preparation of applications or proposals for grants, con- tracts, or cooperative agreements. (b) Submission. Each agency shall submit its Three-Year Plan to the WHITCU. In consultation with the Board, the WHITCU shall then review these Three-Year Plans and develop an integrated Three-Year Plan for As- sistance to Tribal Colleges, which the Secretary shall review and submit to the President. Agencies may revise their Three-Year Plans within the three- year period. (c) Annual Pe\177orrnunce Reports. Each agency shall submit to the WHITCU an Annual Performance Report that measures the agency's per- formance against the objectives set forth in its Three-Year Plan. In consulta- tion with the Board, the WHITCU shall review and combine Annual Per- formance Reports into one annual report, which shall be submitted to the Secretary for review, in consultation with the Office of Management and Budget. Sec. 7. Private Sector. In cooperation with the Board, the WHITCU shall encourage the private sector to assist tribal colleges through increased use of such strategies as: (a) matching funds to support increased endowments; (b) developing expertise and more effective ways to manage finances, im- prove information systems, build facilities, and improve course offerings; and (c) increasing resources for and training of faculty. Sec. 8. Termination. The Board shall terminate 2 years after the date of this order unless the Board is renewed by the President prior to the end of that 2-year period. Sec. \365. Administration. (a) Compensation. Members of the Board shall serve without compensation, but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving inter- mittenfly in Government service (5 U.S.C. 570\177-5707). (b) Funding. The Board and the WHITCU shall be funded by the Depart- ment of Education. (c) Administrative Support. The Department of Education shah provide appropriate administrative services and staff support for the Board and the WHITCU. With the consent of the Department of Education, other agencies participating in the WHITCU shall provide administrative support (includ- ing detai]ees) to the WHITCU consistent with statutory authority. The 244

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 Executive Orders EO 13271 Board and the WHITCU each shall have a staff and shall be supported at appropriate levels commensurate with that of similar White House Initia- tive Offices. (d) General Provisions. Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the "Act"), may apply to the administration of any portion of this order, any functions of the President under the Act, except that of reporting to the Congress, shall be performed by the Sec- retary of Education in accordance with the guidelines issued by the Admin- istrator of General Services. Sec. 10. l\177evocatioiq. Executive Order 13021 of October 19, 1996, as amend- ed, is revoked. GEORGE W. BUSH THE WHITE HOUSE, July 3, 2002. Executive Order 13271 of July 9, 2002 Establishment of the Corporate Fraud Task Force 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 efforts of the Department of lustice and Federal, State, and local agencies to inves- tigate and prosecute significant financial crimes, recover the proceeds of such crimes, and ensure just and effective punishment of those who per- petrate financial crimes, it is hereby ordered as follows: Section 1. Establishment. The Attorney General shall immediately establish within the Department of lustice a Corporate Fraud Task Force (Task Force). Without regard to any other provision of this order, the Task Force shall be subject to the authority of the Attorney General under applicable law. Sec. 2. Membership ai\177d Operatioi\177. Subject to section 4 of this order, the Task Force shall have the following members: (a) the Deputy Attorney General, who shall serve as Chair; (b) the Assistant Attorney General (Criminal Division); (c) the Assistant Attorney General (Tax Division); (d) the Director of the Federal Bureau of Investigation; (e) the United States Attorney for the Southern District of New York; (f) the United States Attorney for the Eastern District of New York; (g) the United States Attorney for the Northern District of Illinois; (h) the United States Attorney for the Eastern District of Pennsylvania; (i) the United States Attorney for the Central District of California; (j) the United States Attorney for the Northern District of California; (k) the United States Attorney for the Southern District of Texas; and 245

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 EO 13271 Title 3--The President (l) such other officers or employees of the Department of Justice as the Attorney General may from time to time designate. The Deputy Attorney General shall convene and direct the work of the Task Force in fulfilling all its functions under this order. The Deputy Attor- ney General may permit, when he deems it appropriate, the designee of a member of the Task Force, including those designated under section 4 of this order, to participate in lieu of the member. The Deputy Attorney Gen- eral shall convene the first meeting of the Task Force within l0 days of the date of this order and shall thereafter convene the Task Force at such times as he deems appropriate. Sec. 3. Functions. Consistent with the constitutional authority of the Presi- dent, the authorities assigned to the Attorney General by law, and other ap- plicable law, the Task Force shall: (a) provide direction for the investigation and prosecution of cases of se- curities fraud, accounting fraud, mail and wire fraud, money laundering, tax fraud based on such predicate offenses, and other related financial crimes committed by commercial entities and directors, officers, profes- sional advisers, and employees thereof (hereinafter "financial crimes"), when such cases are determined by the Deputy Attorney General, for pur- poses of this order, to be significant; (b) provide recommendations to the Attorney General for allocation and reallocation of resources of the Department of Justice for investigation and prosecution of significant financial crimes, recovery of proceeds from such crimes to the extent permitted by law, and other matters determined by the Task Force from time to time to be of the highest priority in the investiga- tion and prosecution of such crimes; and (c) make recommendations to the President, through the Attorney Gen- eral, from time to time for: (i) action to enhance cooperation among departments, agencies, and entities of the Federal Government in the investigation and prosecution of significant financial crimes; (ii) action to enhance cooperation among Federal, State, and local au- thorities responsible for the investigation and prosecution of significant financial crimes; (iii) changes in rules, regulations, or policy to improve the effective in- vestigation and prosecution of significant financial crimes; and (iv) recommendations to the Congress regarding such measures as the President may iudge necessary and expedient relating to significant fi- nancial crimes, or the investigation or prosecution thereof. Sec. 4. Additional Participation for SpecijS'ed Functions. In the Task Force's performance of the functions set forth in subsection 3(c) of this order, and to the extent permitted by law, the following officers of the executive branch shall be members of the Task Force in addition to such other offi- cers of the Federal Government as the Deputy Attorney General deems ap- propriate: (a) the Secretary of the Treasury; (b) the Chairman of the Securities and Exchange Commission; (c) the Chairman of the Commodities Futures Trading Commission; 246

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 Executive Orders EO 13272 (d) the Chairman of the Federal Energy Regulatory Commission; and (e) the Chairman of the Federal Communications Commission. Sec. 5. Internal Management Purpose. This order is intended to improve the internal management of the Federal Government. This order is not in- tended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or equity or otherwise against the United States, its departments, agencies, entities, instrumentalities, officers, or employees, or any other person. Sec. 6. Termination. The Task Force shall terminate when directed by the President or, with the approval of the President, by the Attorney General. GEORGE W. BUSH THE WHITE HOUSE, July 9, 2002. Executive Order 13272 of August 13, 2002 Proper Consideration of Small Entities in Agency Rulemaking By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. General Bequirements. Each agency shall establish procedures and policies to promote compliance with the Regulatory Flexibility Act, as amended (5 U.S.C. 601 et seq.) (the "Act"). Agencies shall thoroughly re- view draft rules to assess and take appropriate account of the potential im- pact on small businesses, small governmental jurisdictions, and small orga- nizations, as provided by the Act. The Chief Counsel for Advocacy of the Small Business Administration (Advocacy) shall remain available to advise agencies in performing that review consistent with the provisions of the Act. Sec. 2. Besponsibilities of Advocacy. Consistent with the requirements of the Act, other applicable law, and Executive Order 12866 of September 30, 1993, as amended, Advocacy: (a) shall notify agency heads from time to time of the requirements of the Act, including by issuing notifications with respect to the basic require- ments of the Act within 90 days of the date of this order; (b) shall provide training to agencies on compliance with the Act; and (c) may provide comment on draft rules to the agency that has proposed or intends to propose the rules and to the Office of Information and Regu- latory Affairs of the Office of Management and Budget (OIRA). Sec. 3. Responsibilities of Federal Agencies. Consistent with the require- ments of the Act and applicable law, agencies shall: (a) Within 180 days of the date of this order, issue written procedures and policies, consistent with the Act, to ensure that the potential impacts of agencies' draft rules on small businesses, small governmental jurisdic- tions, and small organizations are properly considered during the rule- 247

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 EO 13272 Title 3--The President making process. Agency heads shall submit, no later than 90 days from the date of this order, their written procedures and policies to Advocacy for comment. Prior to issuing final procedures and policies, agencies shall con- sider any such comments received within 60 days from the date of the sub- mission of the agencies' procedures and policies to Advocacy. Except to the extent otherwise specifically provided by statute or Executive Order, agen- cies shall make the final procedures and policies available to the public through the Internet or other easily accessible means; (b) Notify Advocacy of any draft rules that may have a significant eco- nomic impact on a substantial number of small entities under the Act. Such notifications shall be made (i) when the agency submits a draft rule to OIRA under Executive Order 12866 if that order requires such submis- sion, or (ii) if no submission to OIRA is so required, at a reasonable time prior to publication of the rule by the agency; and (c) Give every appropriate consideration to any comments provided by Advocacy regarding a draft rule. Consistent with applicable law and appro- priate protection of executive deliberations and legal privileges, an agency shall include, in any explanation or discussion accompanying publication in the Federal Register of a final rule, the agency's response to any written comments submitted by Advocacy on the proposed rule that preceded the final rule; provided, however, that such inclusion is not required if the head of the agency certifies that the public interest is not served thereby. Agencies and Advocacy may, to the extent permitted by law, engage in an exchange of data and research, as appropriate, to foster the purposes of the Act. Sec. 4. Definitions. Terms defined in section 601 of title 5, United States Code, including the term "agency," shall have the same meaning in this order. Sec. 5. Preservatioi\177 of Authority. Nothing in this order shall be construed to impair or affect the authority of the Administrator of the Small Business Administration to supervise the Small Business Administration as provided in the first sentence of section 2(b)(\177) of Public Law 85-09536 (\1775 U.S.C. 633(b)(1)). Sec. 6. Beportii\177g. For the purpose of promoting compliance with this order, Advocacy shall submit a report not less than annually to the Director of the Office of Management and Budget on the extent of compliance with this order by agencies. Sec. 7. Coi\177jS'dei\177tiality. Consistent with existing law, Advocacy may pub- licly disclose information that it receives from the agencies in the course of carrying out this order only to the extent that such information already has been lawfully and publicly disclosed by OIRA or the relevant rule- making agency. Sec. 8. Judicial Beview. This order is intended only to improve the internal management of the Federal Government. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable 248

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 Executive Orders EO 13273 at law or equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. GEORGE W. BUSH THE WHITE HOUSE, August 13, 2002. Executive Order 13273 of August 21, 2002 Further Amending Executive Order 10173, as Amended, Prescribing Regulations Relating to the Safeguarding of Vessels, Harbors, Ports, and Waterfront Facilities of the United States By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1 of title II of the Act of June 15, \1779\1777, as amended (50 U.S.C. \1779\177) (the "Act"), and in addition to the finding in Executive Order 10\17773 of October \1778, \177950, and any other declaration or finding in force under section \177 of the Act, I find that the security of the United States is endangered by reason of disturbances in the international relations of the United States that have existed since the ter- rorist attacks on the United States of September ii, 200% and that such disturbances continue to endanger such relations, and hereby order that: Part 6 of Title 33 of the Code of Federal Regulations is amended by: (a) Adding after section 6.0\177-5 the following new section: "6.0\177-6 Area Commander. "Area Commander," as used in this part, means the officer of the Coast Guard designated by the Commandant to command a Coast Guard Area."; and (b) Amending section 6.04-1 to read as follows: "6.04-\177 Enforcement. (a) The rules and regulations in this part shall be en- forced by the Captain of the Port under the supervision and general direc- tion of the District Commander, Area Commander, and the Commandant. All authority and power vested in the Captain of the Port by the regulations in this part shall be deemed vested in and may be exercised by the District Commander, Area Commander, and the Commandant. (b) The rules and regulations in this part may be enforced by any other offi- cer or petty officer of the Coast Guard designated by the District Com- mander, Area Commander, or the Commandant. (c) Any authority or power under this part vested in, delegated to, or exer- cised by a member of the Coast Guard shall be subject to the direction of the Secretary of the Department in which the Coast Guard is operating.". GEORGE W. BUSH THE WHITE HOUSE, August 21, 2002. 249

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 EO 13274 Title 3--The President Executive Order 13274 of September 18, 2002 Environmental Stewardship and Transportation Infrastructure Project Reviews By the authority vested in me as President by the Constitution and the laws of the United States of America, and to enhance environmental stewardship and streamline the environmental review and development of transpor- tation infrastructure proiects, it is hereby ordered as follows: Section 1. Policy. The development and implementation of transportation infrastructure proiects in an efficient and environmentally sound manner is essential to the well-being of the American people and a strong American economy. Executive departments and agencies (agencies) shall take appro- priate actions, to the extent consistent with applicable law and available resources, to promote environmental stewardship in the Nation's transpor- tation system and expedite environmental reviews of high-priority trans- portation infrastructure proiects. Sec. 2. Actions. (a) For transportation infrastructure proiects, agencies shall, in support of the Department of Transportation, formulate and implement administrative, policy, and procedural mechanisms that enable each agency required by law to conduct environmental reviews (reviews) with respect to such proiects to ensure completion of such reviews in a timely and envi- ronmentally responsible manner. (b) In furtherance of the policy set forth in section 1 of this order, the Secretary of Transportation, in coordination with agencies as appropriate, shall advance environmental stewardship through cooperative actions with proiect sponsors to promote protection and enhancement of the natural and human environment in the planning, development, operation, and mainte- nance of transportation facilities and services. (c) The Secretary of Transportation shall designate for the purposes of this order a list of high-priority transportation infrastructure proiects that should receive expedited agency reviews and shall amend such list from time to time as the Secretary deems appropriate. For proiects on the Sec- retary's list, agencies shall to the maximum extent practicable expedite their reviews for relevant permits or other approvals, and take related ac- tions as necessary, consistent with available resources and applicable laws, including those relating to safety, public health, and environmental protec- tion. Sec. 3. Interagency Task Force. (a) Establishment. There is established, within the Department of Transportation for administrative purposes, the interagency "Transportation Infrastructure Streamlining Task Force" (Task Force) to: (i) monitor and assist agencies in their efforts to expedite a re- view of transportation infrastructure proiects and issue permits or similar actions, as necessary; (ii) review proiects, at least quarterly, on the list of priority proiects pursuant to section 2(c) of this order; and (iii) identify and promote policies that can effectively streamline the process required to pro- vide approvals for transportation infrastructure proiects, in compliance with applicable law, while maintaining safety, public health, and environ- mental protection. (b) Membership and Operation. The Task Force shall promote inter- agency cooperation and the establishment of appropriate mechanisms to 250

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 Executive Orders EO 13274 coordinate Federal, State, tribal, and local agency consultation, review, ap- proval, and permitting of transportation infrastructure proiects. The Task Force shall consist exclusively of the following officers of the United States: the Secretary of Agriculture, Secretary of Commerce, Secretary of Transportation (who shall chair the Task Force), Secretary of the Interior, Secretary of Defense, Administrator of the Environmental Protection Agen- cy, Chairman of the Advisory Council on Historic Preservation, and Chair- man of the Council on Environmental Quality. A member of the Task Force may designate, to perform the Task Force functions of the member, any person who is part of the member's department, agency, or office and who is either an officer of the United States appointed by the President with the advice and consent of the Senate or a member of the Senior Executive Serv- ice. The Task Force shall report to the President through the Chairman of the Council on Environmental Quality. Sec. 4. l?eport. At least once each year, the Task Force shall submit to the President a report that: (a) Describes the results of the coordinated and ex- pedited reviews on a proiect-by-proiect basis, and identifies those proce- dures and actions that proved to be most useful and appropriate in coordi- nating and expediting the review of the proiects. (b) Identifies substantive and procedural requirements of Federal, State, tribal, and local laws, regulations, and Executive Orders that are incon- sistent with, duplicative of, or are structured so as to restrict their efficient implementation with other applicable requirements. (c) Makes recommendations regarding those additional actions that could be taken to: (i) address the coordination and expediting of reviews of trans- portation infrastructure proiects by simplifying and harmonizing applicable substantive and procedural requirements; and (ii) elevate and resolve con- troversies among Federal, State, tribal, and local agencies related to the re- view or impacts of transportation infrastructure proiects in a timely man- ner. (d) Provides any other recommendations that would, in the iudgement of the Task Force, advance the policy set forth in section 1 of this order. Sec. 5. Preservation of Authority. Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals. Sec. 6. Judicial l?eview. This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agen- cies, instrumentalities or entities, its officers or employees, or any other person. GEORGE W. BUSH THE WHITE HOUSE, September 18, 2002. 251

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 EO 13275 Title 3--The President Executive Order 13275 of October 7, 2002 Creating a Board of Inquiry To Report on Certain Labor Disputes Affecting the Maritime Industry of the United States WHEREAS, there exists a labor dispute between, on the one hand, employ- ees represented by the International Longshore and Warehouse Union and, on the other hand, employers and the bargaining association of employers who are (1) U.S. and foreign steamship companies operating ships or em- ployed as agents for ships engaged in service to or from the Pacific Coast ports in California, Oregon, and Washington, and (2) stevedore and ter- minal companies operating at ports in California, Oregon, and Washington; and WHEREAS, such dispute has resulted in a lock-out that affects a substantial part of the maritime industry, an industry engaged in trade, commerce, transportation (including the transportation of military supplies), trans- mission, and communication among the several States and with foreign na- tions; and WHEREAS, a continuation of this lock-out, if permitted to continue, will imperil the national health and safety; NOW, THEREFORE, by virtue of the authority vested in me by section 206 of the Labor Management Relations Act, 1947 (61 Stat. 155; 29 U.S.C. 176) (the "Act"), I hereby create a Board of Inquiry consisting of such members as I shall appoint to inquire into the issues involved in such dispute. The Board shall have powers and duties as set forth in title II of the Act. The Board shall report to me in accordance with the provisions of section 206 of the Act no later than October 8, 2002. Upon the submission of its report, the Board shall continue in existence in order to perform any additional functions under the Act, including those functions set forth in section 209(b), but shall terminate no later than upon completion of such functions. GEORGE W. BUSH THE WHITE HOUSE, October 7, 2002. Executive Order 13276 of November 15, 2002 Delegation of Responsibilities Concerning Undocumented Aliens Interdicted or Intercepted in the Caribbean Region By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a)(1) of the Immigration and Nationality Act, as amended (8 U.S.C. \17782(f) and \177185(a)(\177)), and section 30\177 of title 3, United States Code, and in order to delegate appropriate responsibilities to Federal agencies for responding to migration of undocumented aliens in the Caribbean region, it is hereby or- dered: 252

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 Executive Orders EO 13276 Section 1. Duties uncl Authorities of Agency Heucls. Consistent with app]i- cable law, (a)(i) The Attorney General may maintain custody, at any location he deems appropriate, of any undocumented aliens he has reason to believe are seeking to enter the United States and who are interdicted or inter- cepted in the Caribbean region. In this regard, the Attorney General shall provide and operate a facility, or facilities, to house and provide for the needs of any such aliens. Such a facility may be located at Guantanamo Bay Naval Base or any other appropriate location. (ii) The Attorney General may conduct any screening of such aliens that he deems appropriate, including screening to determine whether such aliens should be returned to their country of origin or transit, or whether they are persons in need of protection who should not be returned without their consent. If the Attorney General institutes such screening, then until a determination is made, the Attorney General shall provide for the cus- tody, care, safety, transportation, and other needs of the aliens. The Attor- ney General shall continue to provide for the custody, care, safety, trans- portation, and other needs of aliens who are determined not to be persons in need of protection until such time as they are returned to their country of origin or transit. (b) The Secretary of State shall provide for the custody, care, safety, transportation, and other needs of undocumented aliens interdicted or intercepted in the Caribbean region whom the Attorney General has identi- fied as persons in need of protection. The Secretary of State shall provide for and execute a process for resettling such persons in need of protection, as appropriate, in countries other than their country of origin, and shall also undertake such diplomatic efforts as may be necessary to address the problem of illegal migration of aliens in the Caribbean region and to facili- tate the return of those aliens who are determined not to be persons in need of protection. (c)(i) The Secretary of Defense shall make available to the Attorney Gen- eral and the Secretary of State, for the housing and care of any undocu- mented aliens interdicted or intercepted in the Caribbean region and taken into their custody, any facilities at Guantanamo Bay Naval Base that are ex- cess to current military needs and the provision of which does not interfere with the operation and security of the base. The Secretary of Defense shall be responsible for providing access to such facilities and perimeter secu- rity. The Attorney General and the Secretary of State, respectively, shall be responsible for reimbursement for necessary supporting utilities. (ii) In the event of a mass migration in the Caribbean region, the Sec- retary of Defense shall provide support to the Attorney General and the Secretary of State in carrying out the duties described in paragraphs (a) and (b) of this section regarding the custody, care, safety, transportation, and other needs of the aliens, and shall assume primary responsibility for these duties on a nonreimbursable basis as necessary to contain the threat to na- tional security posed by the migration. The Secretary of Defense shall also provide support to the Coast Guard in carrying out the duties described in Executive Order 12807 of May 24, 1992, regarding interdiction of migrants. Sec. 2. Definitions. For purposes of this order, the term "mass migration" means a migration of undocumented aliens that is of such magnitude and 253

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 EO 13277 Title 3--The President duration that it poses a threat to the national security of the United States, as determined by the President. Sec. 3. Scope. (a) Nothing in this order shall be construed to impair or otherwise affect the authorities and responsibilities set forth in Executive Order 12807 of May 24, 1992. (b) Nothing in this order shall be construed to make reviewable in any judicial or administrative proceeding, or otherwise, any action, omission, or matter that otherwise would not be reviewable. (c) This order is intended only to improve the management of the execu- tive branch. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity or other- wise against the United States, its departments, agencies, entities, instru- mentalities, officers, employees, or any other person. (d) Any agency assigned any duties by this order may use the provisions of the Economy Act, 31 U.S.C. 1535 and 1536, to carry out such duties, to the extent permitted by such Act. (e) This order shall not be construed to require any procedure to deter- mine whether a person is a refugee or otherwise in need of protection. GEORGE W. BUSH THE WHITE HOUSE, November 15, 2002. Executive Order 13277 of November 19, 2002 Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Act of 2002 By the authority vested in me as President by the Constitution and the laws of the United States, including the Trade Act of 2002 (the "Act") (Public Law 107-210) and section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Trade Promotion. (a) Except as provided in subsections (b) and (c) of this section, the authorities granted to and functions specifically as- signed to the President under Division B of the Act are delegated and as- signed, respectively, to the United States Trade Representative (U.S. Trade Representative). (b) The exercise of the following authorities of, and functions specifically assigned to the President, under Division B of the Act are reserved to the President: (1) Section 2102(c)(1), (c)(6), (c)(10) and (e) of the Act; (2) Section 2103(a)(1), (a)(4), (a)(6), b(1), (c)(1)(B)(i), and (c)(2) of the Act; (3) Section 2105(a)(1) of the Act; and (4) Section 2108(b) of the Act. 254

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 Executive Orders EO 13277 (c) (i) The Secretary of State, in consultation with the Secretary of Labor and the U.S. Trade Representative, shall carry out the functions of section 2102(c)(2) of the Act with respect to establishing consultative mechanisms. The U.S. Trade Representative, in consultation with the Secretary of State and the Secretary of Labor, shall carry out the reporting function under sec- tion 2102(c)(2). (ii) The Secretary of State, in consultation with the U.S. Trade Rep- resentative, shall carry out the functions under section 2\17702(c)(3) of the Act with respect to establishing consultative mechanisms, with the ad- vice and assistance of the Secretary of the Interior, the Secretary of Health and Human Services, the Administrator of the Environmental Pro- tection Agency, the Secretary of Commerce and, as the Secretary of State determines appropriate, the heads of such other departments and agen- cies. The U.S. Trade Representative, in consultation with the Secretary of State, shall carry out the reporting function under section 2\17703(c)(3). (iii) The U.S. Trade Representative shall carry out the functions under section 2\17702(c)(5) of the Act. The U.S. Trade Representative shall, in consultation with the Secretary of Labor, carry out the reporting function and the function of making a report available under section 2102(c)(5). (iv) The Secretary of Labor shall carry out section 2102(c)(7) of the Act, in consultation with the Secretary of State. (v) The Secretary of Labor, in consultation with the Secretary of State and the U.S. Trade Representative, shall carry out the functions under section 2102(c)(8) and (c)(9). (vi) The Secretary of the Treasury shall carry out section 2102(c)(12) of the Act, including any appropriate consultations with the Congress re- lating thereto. Sec. 2. Andean Trade. (a) Except as provided in subsection (b) of this sec- tion, the authorities granted and the functions specifically assigned to the President under Division C of the Act are delegated and assigned respec- tively, to the U.S. Trade Representative, in consultation with the Secre- taries of State, Commerce, the Treasury, and Labor. (b) The exercise of the following authorities of, and functions specifically assigned to, the President under Division C of the Act are reserved to the President: (i) The authority to proclaim under sections 204(b)(\177) and 204(b)(3)(t\177)(ii), and the authority to designate beneficiary countries under section 204(b)(6)(t\177), of the Andean Trade Preference Act as amended by section 3103(a)(2) of the Act; and (ii) The authority to make determinations under section 203(e)(1)(t\177) of the Andean Trade Preference Act as amended by section 3\17703(b) of the Act. (c) The head of the executive department of which the United States Customs Service is a part shall take such actions to carry out determina- tions and actions pursuant to the Andean Trade Preference Act, as amend- ed, as directed pursuant to the authority delegated to the U.S. Trade Rep- resentative under this order. Sec. 3. Guidance for Exercising Authority and Pe\177orming Duties. (a) Noth- ing in this order shall be construed to impair or otherwise affect the func- 255

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 EO 13278 Title 3--The President tions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (b) In exercising authority delegated by, or performing functions assigned in, this order, and in performing duties related to the trade agreements pro- gram as defined in Executive Order 11846, officers of the United States: (i) Shall ensure that all actions taken by them are consistent with the President's constitutional authority to (A) conduct the foreign affairs of the United States, including the commencement, conduct, and termi- nation of negotiations with foreign countries and international organiza- tions, (B) withhold information the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties, (C) recommend for congressional consideration such measures as the President may iudge necessary or expedient, and (D) supervise the uni- tary executive branch; (ii) May redelegate authority delegated by this order and may further assign functions assigned by this order to officers of any other depart- ment or agency within the executive branch to the extent permitted by law and such redelegation or further assignment shall be published in the Federal Register; and (iii) Shall consult the Attorney General as appropriate in imple- menting this subsection. Sec. 4. Amendment to Executive Order 11846. Section 1 of Executive Order \177846 of March 27, \177975, as amended, is further amended by inserting ", Divisions B and C of the Trade Act of 2002," after "Trade Expansion Act of \177962, as amended". Sec. 5. Judicial Beview. This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agen- cies, instrumentalities or entities, its officers or employees, or any other person. GEORGE W. BUSH THE WHITE HOUSE, November 19, 2002. Executive Order 13278 of December 11, 2002 President's Commission on the United States Postal Service By the authority vested in me as President by the Constitution and the laws of the United States of America, and to ensure the efficient operation of the United States Postal Service while minimizing the financial exposure of the American taxpayers, it is hereby ordered as follows: Section 1. Establishment. There is established the President's Commission on the United States Postal Service (Commission). 256

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 Executive Orders EO 13278 Sec. 2. Membership. Commission shall be composed of nine members ap- pointed by the President. The President shall designate two members of the Commission to serve as Co-Chairs. Sec. a. Mission. (a) The mission of the Commission shall be to examine the state of the United States Postal Service, and to prepare and submit to the President a report articulating a proposed vision for the future of the United States Postal Service and recommending the legislative and admin- istrative reforms needed to ensure the viability of postal services. (b) In fulfilling its mission, the Commission shall consider the following issues and such other issues relating to the Postal Service as the Commis- sion determines appropriate: (i) the role of the Postal Service in the 21st century and beyond; (ii) the flexibility that the Postal Service should have to change prices, control costs, and adjust service in response to financial, competitive, or market pressures; (iii) the rigidities in cost or service that limit the efficiency of the post- al system; (iv) the ability of the Postal Service, over the long term, to maintain universal mail delivery at affordable rates and cover its unfunded liabil- ities with minimum exposure to the American taxpayers; (v) the extent to which postal monopoly restrictions continue to ad- vance the public interest under evolving market conditions, and the ex- tent to which the Postal Service competes with private sector services; and (vi) the most appropriate governance and oversight structure for the Postal Service. Sec. 4. Administration. (a) The Department of the Treasury or any organiza- tional entity subiect to the direction of the Secretary of the Treasury shall, to the extent permitted by law, provide administrative support and funding for the Commission. The Commission is established within the Department of the Treasury for administrative purposes only. (b) Members of the Commission shall serve without any compensation for their work on the Commission. Members appointed from among private citizens of the United States, however, while engaged in the work of the Commission, may 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. 5701-5707), to the extent funds are available. (c) The Commission shall have a staff headed by an Executive Director. (d) The Commission, with the concurrence of the Secretary of the Treas- ury, may establish subcommittees, consisting of Commission members, as appropriate, to aid in its work. (e) Consistent with such guidance as the President or, on the President's behalf, the Secretary of the Treasury, may provide, the Commission shall exchange information with and obtain advice from Members of Congress; Federal, State, local, and tribal officials; commercial, nonprofit, and resi- dential users of the United States Postal Service; and others, as appropriate, including through public hearings. 257

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 EO 13279 Title 3--The President (f) Insofar as the Federal Advisory Committee Act, as amended, may apply to the Commission, any functions of the President under that Act, except for those in section 6 of that Act, shall be performed by the Sec- retary of the Treasury, in accordance with the guidelines that have been issued by the Administrator of General Services. (g) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relat- ing to budget, administrative, or legislative proposals. Sec. 5. Beport. The Commission shall submit its report, consistent with its mission set forth in section 3 of this order, to the President, through the Secretary of the Treasury, not later than July 3% 2003. Sec. 6. General Provisions. (a) This order is intended only to improve the internal management of the Federal Government and it is not intended to, and does not create, any right or benefit, substantive or procedural, enforce- able at law or in equity by a party against the United States, its depart- ments, agencies, instrumentalities or entities, its officers or employees, or any other person. (b) The Commission shall terminate 30 days after submitting its report and in no event later than August 30, 2003. GEORGE W. BUSH THE WHITE HOUSE, December 11, 2002. Executive Order 13279 of December 12, 2002 Equal Protection of the Laws for Faith-Based and Community Organizations By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 12\177(a) of title 40, United States Code, and section 30\177 of title 3, United States Code, and in order to guide Federal agencies in formulating and developing policies with im- plications for faith-based organizations and other community organizations, to ensure equal protection of the laws for faith-based and community orga- nizations, to further the national effort to expand opportunities for, and strengthen the capacity of, faith-based and other community organizations so that they may better meet social needs in America's communities, and to ensure the economical and efficient administration and completion of Government contracts, it is hereby ordered as follows: Section 1. Definitions. For purposes of this order: (a) "Federal financial assistance" means assistance that non-Federal enti- ties receive or administer in the form of grants, contracts, loans, loan guar- antees, property, cooperative agreements, food commodities, direct appro- priations, or other assistance, but does not include a tax credit, deduction, or exemption. (b) "Social service program" means a program that is administered by the Federal Government, or by a State or local government using Federal 258

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 Executive Orders EO 13279 financial assistance, and that provides services directed at reducing pov- erty, improving opportunities for low-income children, revitalizing low-in- come communities, empowering low-income families and low-income indi- viduals to become self-sufficient, or otherwise helping people in need. Such programs include, but are not limited to, the following: (i) child care services, protective services for children and adults, serv- ices for children and adults in foster care, adoption services, services re- lated to the management and maintenance of the home, day care services for adults, and services to meet the special needs of children, older indi- viduals, and individuals with disabilities (including physical, mental, or emotional disabilities); (ii) transportation services; (iii) job training and related services, and employment services; (iv) information, referral, and counseling services; (v) the preparation and delivery of meals and services related to soup kitchens or food banks; (vi) health support services; (vii) literacy and mentoting programs; (viii) services for the prevention and treatment of juvenile delinquency and substance abuse, services for the prevention of crime and the provi- sion of assistance to the victims and the families of criminal offenders, and services related to intervention in, and prevention of, domestic vio- lence; and (ix) services related to the provision of assistance for housing under Federal law. (c) "Policies that have implications for faith-based and community orga- nizations" refers to all policies, programs, and regulations, including offi- cial guidance and internal agency procedures, that have significant effects on faith-based organizations participating in or seeking to participate in so- cial service programs supported with Federal financial assistance. (d) "Agency" means a department or agency in the executive branch. (e) "Specified agency heads" mean the Attorney General, the Secretaries of Agriculture, Education, Health and Human Services, Housing and Urban Development, and Labor, and the Administrator of the Agency for Inter- national Development. Sec. 2. Fundamental Principles and Policymaking Criteria. In formulating and implementing policies that have implications for faith- based and community organizations, agencies that administer social service programs supported with Federal financial assistance shall, to the extent permitted by law, be guided by the following fundamental principles: (a) Federal financial assistance for social service programs should be dis- tributed in the most effective and efficient manner possible; (b) The Nation's social service capacity will benefit if all eligible organi- zations, including faith-based and other community organizations, are able to compete on an equal footing for Federal financial assistance used to sup- port social service programs; 259

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 EO 13279 Title 3--The President (c) No organization should be discriminated against on the basis of reli- gion or religious belief in the administration or distribution of Federal fi- nancial assistance under social service programs; (d) All organizations that receive Federal financial assistance under so- cial services programs should be prohibited from discriminating against beneficiaries or potential beneficiaries of the social services programs on the basis of religion or religious belief. Accordingly, organizations, in pro- viding services supported in whole or in part with Federal financial assist- ance, and in their outreach activities related to such services, should not be allowed to discriminate against current or prospective program bene- ficiaries on the basis of religion, a religious belief, a refusal to hold a reli- gious belief, or a refusal to actively participate in a religious practice; (e) The Federal Government must implement Federal programs in ac- cordance with the Establishment Clause and the Free Exercise Clause of the First Amendment to the Constitution. Therefore, organizations that engage in inherently religious activities, such as worship, religious instruction, and proselytization, must offer those services separately in time or location from any programs or services supported with direct Federal financial as- sistance, and participation in any such inherently religious activities must be voluntary for the beneficiaries of the social service program supported with such Federal financial assistance; and (f) Consistent with the Free Exercise Clause and the Free Speech Clause of the Constitution, faith-based organizations should be eligible to compete for Federal financial assistance used to support social service programs and to participate fully in the social service programs supported with Federal financial assistance without impairing their independence, autonomy, ex- pression, or religious character. Accordingly, a faith-based organization that applies for or participates in a social service program supported with Fed- eral financial assistance may retain its independence and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs, provided that it does not use direct Fed- eral financial assistance to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith-based organizations that receive Federal financial assistance may use their facilities to provide social services supported with Federal financial assistance, without removing or altering religious art, icons, scriptures, or other symbols from these facilities. In addition, a faith-based organization that applies for or participates in a social service program supported with Federal financial assistance may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other chartering or governing documents. Sec. 3. Agency Implementation. (a) Specified agency heads shall, in coordination with the White House Office of Faith-Based and Community Initiatives (White House OFBCI), re- view and evaluate existing policies that have implications for faith-based and community organizations in order to assess the consistency of such policies with the fundamental principles and policymaking criteria articu- lated in section 2 of this order. (b) Specified agency heads shall ensure that all policies that have impli- cations for faith-based and community organizations are consistent with the 260

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 Executive Orders EO 13279 fundamental principles and policymaking criteria articulated in section 2 of this order. Therefore, specified agency heads shall, to the extent per- mitted by law: (i) amend all such existing policies of their respective agencies to en- sure that they are consistent with the fundamental principles and policy- making criteria articulated in section 2 of this order; (ii) where appropriate, implement new policies for their respective agencies that are consistent with and necessary to further the funda- mental principles and policymaking criteria set forth in section 2 of this order; and (iii) implement new policies that are necessary to ensure that their re- spective agencies collect data regarding the participation of faith-based and community organizations in social service programs that receive Federal financial assistance. (c) Within 90 days after the date of this order, each specified agency head shall report to the President, through the Director of the White House OFBCI, the actions it proposes to undertake to accomplish the activities set forth in sections 3(a) and (b) of this order. Sec. 4. Amen dmen t of Execu rive Order 11246. Pursuant to section 121(a) of title 40, United States Code, and section 301 of title 3, United States Code, and in order to further the strong Federal interest in ensuring that the cost and progress of Federal procurement con- tracts are not adversely affected by an artificial restriction of the labor pool caused by the unwarranted exclusion of faith-based organizations from such contracts, section 204 of Executive Order \177246 of September 24, \177965, as amended, is hereby further amended to read as follows: "SEC. 204 (a) The Secretary of Labor may, when the Secretary deems that special circumstances in the national interest so require, exempt a con- tracting agency from the requirement of including any or all of the provi- sions of Section 202 of this Order in any specific contract, subcontract, or purchase order. (b) The Secretary of Labor may, by rule or regulation, exempt certain classes of contracts, subcontracts, or purchase orders (\177) whenever work is to be or has been performed outside the United States and no recruitment of workers within the limits of the United States is involved; (2) for stand- ard commercial supplies or raw materials; (3) involving less than specified amounts of money or specified numbers of workers; or (4) to the extent that they involve subcontracts below a specified tier. (c) Section 202 of this Order shall not apply to a Government contractor or subcontractor that is a religious corporation, association, educational in- stitution, or society, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Such contractors and subcontractors are not exempted or excused from complying with the other requirements contained in this Order. (d) The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a contractor that are in all respects sepa- rate and distinct from activities of the contractor related to the performance of the contract: provided, that such an exemption will not interfere with 261

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