ExecutiveOrdersEO
EO 13198Executive OrderG.W. Bush · R

Executive Order 13198

Agency Responsibilities With Respect to Faith- Based and Community Initiatives

This executive order establishes Centers for Faith-Based and Community Initiatives within five cabinet departments (Justice, Education, Labor, HHS, HUD) to identify and remove barriers preventing faith-based and community organizations from participating in federal social service programs. It mandates audits of discriminatory regulations, requires annual reporting, and creates liaison roles across all executive agencies to coordinate with the White House Office of Faith-Based and Community Initiatives.

Federal Register Open PDF 66 FR 8497

Impact dates

  1. Annual reports due thereafter (recurring)

  2. First report due to White House OFBCI, including performance indicators and measurable objectives

  3. Centers must begin operations

Key directives

  • Attorney General, Secretary of Education, Secretary of Labor, Secretary of HHS, and Secretary of HUD shall each establish a Center for Faith-Based and Community Initiatives
  • Each Center shall begin operations no later than 45 days from the date of this order
  • Each Center shall conduct a department-wide audit to identify barriers to faith-based and community organization participation
  • HHS and Labor Centers shall conduct comprehensive review of Charitable Choice compliance
  • Each Center shall submit report not later than 180 days after the date of this order and annually thereafter
  • First report shall include annual performance indicators and measurable objectives
  • All executive departments and agencies shall designate a liaison to the White House OFBCI

Who is ordered

Timeline

Immediate

  • Centers must begin operations within 45 days
  • Agencies must designate OFBCI liaisons

Near term (90d)

  • Initial 180-day report preparation begins
  • Department-wide audits of barriers to commence

Long term

  • Annual reporting cycle established
  • Ongoing regulatory and procurement reform efforts
  • Performance measurement against established objectives

Risks & tensions

  • Charitable Choice compliance review scope is undefined—'comprehensive review' lacks specificity on depth or enforcement mechanisms
  • Performance indicators in first report are self-defined by departments, creating potential for inconsistent benchmarks across agencies
  • Section 7(a) subjects all actions to appropriations availability, potentially limiting implementation if Congress does not fund
  • Section 7(b) explicitly denies enforceable rights, limiting judicial recourse for organizations claiming exclusion
  • Constitutional tension: audit mandate to identify 'facially discriminatory' barriers versus potential Establishment Clause concerns not addressed in text
Executive Order 13198: Agency Responsibilities With Respect to Faith- Based and Community Initiatives · Executive Orders