Page:Title 3 CFR 2002 Compilation.djvu/274

 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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