Participation by Religious Organizations in USAID Programs, 16712-16714 [2011-6974]
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16712
Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules
IX. Statutory Basis and Text of
Proposed Amendments
Statutory Basis
Pursuant to Section 17A(g) of the
Exchange Act, 15 U.S.C. 78q–1(g), the
Commission proposes to amend
§ 240.17Ad–7 and § 240.17Ad–17 under
the Exchange Act in the manner set
forth below.
List of Subjects in 17 CFR Part 240
Reporting and recordkeeping
requirements, Securities.
Text of the Amendments
In accordance with the foregoing, the
Commission proposes to amend part
240 of Chapter II of Title 17 of the Code
of Federal Regulations as follows:
PART 240—GENERAL RULES AND
REGULATIONS, SECURITIES
EXCHANGE ACT OF 1934
1. The general authority citation for
part 240 is revised and the following
citation is added in numerical order to
read as follows:
Authority: 15 U.S.C. 77c, 77d, 77g, 77j,
77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn,
77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j,
78j–1, 78k, 78k–1, 78l, 78m, 78mm, 78n,
78n–1, 78o, 78o–4, 78p, 78q, 78q–1, 78s,
78u–5, 78w, 78x, 78ll, 78mm, 80a–20, 80a–
23, 80a–29, 80a–37, 80b–3, 80b–4, 80b–11,
and 7201 et seq.; 18 U.S.C. 1350; and 12
U.S.C. 5221(e)(3) unless otherwise noted.
*
*
*
*
*
Section 240.17Ad–17 is also issued under
Pub. L. 111–203, § 929W, 124 Stat. 1869
(2010).
*
*
*
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§ 240.17Ad–7
*
*
[Amended]
2. Section 240.17Ad–7(i) is amended
by removing ‘‘240.17Ad–17(c)’’ and
adding in its place ‘‘240.17Ad–17(d)’’.
3. Section 240.17Ad–17 is amended
by:
a. Revising the heading.
b. Revising paragraph (a)(1).
c. In paragraph (a)(2) adding the
phrase ‘‘, or broker or dealer’’ following
the word ‘‘agent’’.
d. In paragraph (a)(3) introductory
text adding the phrase ‘‘, or broker or
dealer’’ following the word ‘‘agent’’.
e. In paragraph (a)(3)(ii) adding the
phrase ‘‘or customer security account
records of the broker or dealer’’
following the word ‘‘files’’.
f. In paragraph (b)(2)(i) adding the
phrase ‘‘or customer security account
records of a broker or dealer’’ following
the word ‘‘file’’ and adding the phrase ‘‘,
or broker or dealer’’ following the phrase
‘‘securityholder, the transfer agent’’.
g. In paragraph (b)(2)(ii) adding the
phrase ‘‘or broker or dealer’’ following
the word ‘‘agent’’.
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h. Redesignating paragraph (c) as
paragraph (d), and adding new
paragraph (c).
i. Revising newly redesignated
paragraph (d).
The revisions and addition read as
follows:
§ 240.17Ad–17 Transfer agents’, brokers’,
and dealers’ obligation to search for lost
securityholders; paying agents’ obligation
to search for missing securityholders.
(a)(1) Every recordkeeping transfer
agent whose master securityholder file
includes accounts of lost
securityholders and each broker or
dealer that holds customer security
accounts shall exercise reasonable care
to ascertain the correct addresses of
such securityholders. In exercising
reasonable care to ascertain such lost
securityholders’ correct addresses, each
recordkeeping transfer agent and each
broker or dealer shall conduct two data
base searches using at least one
information data base service. The
transfer agent and broker or dealer shall
search by taxpayer identification
number or by name if a search based on
taxpayer identification number is not
reasonably likely to locate the
securityholder. Such data searches must
be conducted without charge to a lost
securityholder and with the following
frequency:
(i) Between three and twelve months
of such securityholder becoming a lost
securityholder and
(ii) Between six and twelve months
after the transfer agent’s or broker’s or
dealer’s first search for such lost
securityholder.
*
*
*
*
*
(c)(1) The paying agent, as defined in
paragraph (c)(2) of this section, shall
provide not less than one written
notification to each missing
securityholder stating that such
securityholder has been sent a check
that has not yet been negotiated. Such
notification may be sent with a check or
other mailing subsequently sent to the
missing securityholder, but must be
provided no later than seven (7) months
after the sending of the not yet
negotiated check.
(2) The term paying agent shall
include any issuer, transfer agent,
broker, dealer, investment adviser,
indenture trustee, custodian, or any
other person that accepts payments from
the issuer of a security and distributes
the payments to the holder of the
security.
(3) The securityholder shall be
considered a missing securityholder if a
check is sent to the securityholder and
the check is not negotiated before the
earlier of the paying agent’s sending the
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Sfmt 4702
next regularly scheduled check or the
elapsing of six (6) months after the
sending of the not yet negotiated check.
(4) A paying agent shall be excluded
from any notification requirement
where the value of the not yet
negotiated check is less than $25.
(5) The requirements of paragraph
(c)(1) of this section shall have no effect
on state escheatment laws.
(d) Every recordkeeping transfer
agent, broker, or dealer carrying
securities for the accounts of customers,
and every paying agent shall maintain
records to demonstrate compliance with
the requirements set forth in this section
which shall include written procedures
that describe the transfer agent’s, or
broker’s or dealer’s, or paying agent’s
methodology for complying with this
section. Such records shall be
maintained for a period of not less than
three (3) years with the first year in an
easily accessible place.
By the Commission.
Dated: March 18, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–6940 Filed 3–24–11; 8:45 am]
BILLING CODE 8011–01–P
AGENCY FOR INTERNATIONAL
DEVELOPMENT
22 CFR Part 205
RIN 0412 AA–69
Participation by Religious
Organizations in USAID Programs
United States Agency for
International Development (USAID).
ACTION: Proposed rule.
AGENCY:
USAID is proposing to amend
part 205 to more accurately reflect
current Establishment Clause
jurisprudence with respect to the use of
Federal funds for inherently religious
activities.
SUMMARY:
Comments must be submitted by
May 9, 2011.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposed rule to: The Center for
Faith-Based and Community Initiatives,
U.S. Agency for International
Development, Room 6.07–023, 1300
Pennsylvania Avenue, NW.,
Washington, DC 20523.
Communications should refer to the
‘‘proposed rule.’’ You may submit your
comments by fax to 202–216–0077 or by
e-mail to fbci@usaid.gov. A copy of each
communication submitted will be
available for inspection and copying
DATES:
E:\FR\FM\25MRP1.SGM
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Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules
between 8:30 a.m. and 5:30 p.m. at the
above address.
FOR FURTHER INFORMATION CONTACT: Ari
Alexander, Director, Center for FaithBased and Community Initiatives,
USAID, Room 6.07–023, 1300
Pennsylvania Avenue, NW.,
Washington, DC 20523; telephone: (202)
712–4080 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION:
I. Background
On October 20, 2004, USAID
published its final rule (the ‘‘Final
Rule’’) on participation by religious
organizations in USAID programs (69
FR 61716, codified at 22 CFR parts 202,
205, 211, and 226). The Final Rule
implemented Executive Branch policy
that, within the framework of
constitutional guidelines, religious
organizations should be able to compete
on an equal footing with other
organizations for USAID funding. The
Final Rule revised USAID regulations
pertaining to grants, cooperative
agreements and contracts awarded for
the purpose of administering grant
programs to ensure their compliance
with this policy and to clarify that
religious organizations are eligible to
participate in programs on the same
basis as any other organization, with
respect to programs for which such
other organizations are eligible.
Among other things, the Final Rule
provided that USAID funds could be
used for the acquisition, construction, or
rehabilitation of structures only to the
extent that those structures were used
for conducting eligible activities under
the specific USAID program. Where a
structure is used for both eligible and
inherently religious activities, the Final
Rule clarified that USAID funds could
not exceed the cost of those portions of
the acquisition, construction, or
rehabilitation that were attributable to
eligible activities. The Final Rule went
on to state that USAID funds could not
be used for acquisition, construction, or
rehabilitation of sanctuaries, chapels, or
any other room that a religious
congregation that is a recipient or subrecipient of USAID assistance uses as its
principal place of worship.
erowe on DSK5CLS3C1PROD with PROPOSALS
II. This Proposed Rule
Based on further legal review, USAID
has concluded that some provisions in
the Final Rule go beyond the
requirements of the Establishment
Clause and other Federal law, are not
supported by Establishment Clause
jurisprudence, and constrict USAID’s
ability to pursue the national security
and foreign policy interests of the
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14:52 Mar 24, 2011
Jkt 223001
United States overseas. As such, these
provisions unnecessarily and unduly
restrict and interfere with the ability of
USAID to effectively implement the
bilateral foreign assistance programs of
the United States. Accordingly, USAID
proposes to amend the Final Rule to
provide that, in general, nothing in
USAID’s regulations should be
construed to prohibit USAID funds from
being used for activities that are
permitted under Establishment Clause
jurisprudence or otherwise by law and
that, in particular, USAID funds may be
used for the acquisition, construction, or
rehabilitation of structures that are used,
in whole or in part, for inherently
religious activities, so long as the
program for which USAID assistance is
provided (i) Is authorized by law and
has a secular purpose, (ii) is made
generally available to a wide range of
organizations and beneficiaries which
are defined without reference to
religion, (iii) has the effect of furthering
a development objective, (iv) the criteria
upon which structures are selected for
acquisition, construction, or
rehabilitation are religiously neutral,
and (v) the selection criteria are
amenable to neutral application.
Examples of programs where USAID
funds may be used for the acquisition,
construction, or rehabilitation of
structures that are used, in whole or in
part, for inherently religious activities
include, but are not limited to,
rehabilitation or reconstruction
programs in a defined geographic area
following a natural or manmade
disaster; rehabilitation or reconstruction
programs for schools; cultural or
historical preservation of structures that
are architectural, artistic, cultural, or
historical landmarks; and rehabilitation
or reconstruction programs to promote
tourism or other related economic
activities.
III. Findings and Certifications or
Impact Assessment
Regulatory Planning and Review
This is not a significant regulatory
action and, therefore, is not subject to
review under section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
Regulatory Flexibility Act
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), USAID has
considered the economic impact of the
proposed rule and has determined that
its provisions would not have a
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16713
significant economic impact on a
substantial number of small entities.
List of Subjects of 22 CFR Part 205
Foreign aid, Grant programs,
Nonprofit organizations.
For the reasons stated in the
preamble, USAID proposes to amend
chapter II of title 22 of the Code of
Federal Regulations as follows:
PART 205—PARTICIPATION BY
RELIGIOUS ORGANIZATIONS IN
USAID PROGRAMS
1. The authority citation for part 205
continues to read as follows:
Authority: 22 U.S.C. 2381(a).
2. Revise § 205.1(d), revise paragraph
(d) and add paragraph (j) to read as
follows:
§ 205.1 Grants and cooperative
agreements.
*
*
*
*
*
(d) USAID funds may be used for the
acquisition, construction, or
rehabilitation of structures that are used,
in whole or in part, for inherently
religious activities so long as the
program for which USAID assistance is
provided is authorized by law and has
a secular purpose, is made generally
available to a wide range of
organizations and beneficiaries which
are defined without reference to
religion, has the effect of furthering a
development objective, the criteria upon
which structures are selected for
acquisition, construction, or
rehabilitation are religiously neutral,
and the selection criteria are amenable
to neutral application. Examples of
programs where USAID funds may be
used for the acquisition, construction, or
rehabilitation of structures that are used,
in whole or in part, for inherently
religious activities include, but are not
limited to, rehabilitation or
reconstruction programs in a defined
geographic area following a natural or
manmade disaster; rehabilitation or
reconstruction programs for schools;
rehabilitation or reconstruction of
structures that are architectural, artistic,
cultural, or historical landmarks for
cultural or historical preservation; and
rehabilitation or reconstruction
programs to promote tourism or other
related economic activities.
*
*
*
*
*
(j) Recognizing that USAID pursues
the national security and foreign policy
interests of the United States overseas,
nothing in this Part shall be construed
to prohibit USAID funds from being
used for activities that are permitted by
Establishment Clause jurisprudence or
otherwise by law.
E:\FR\FM\25MRP1.SGM
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16714
Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules
Dated: March 4, 2011.
Ari Alexander,
Director, Center for Faith-Based and
Community Initiatives.
[FR Doc. 2011–6974 Filed 3–24–11; 8:45 am]
BILLING CODE 6116–01–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 938
[PA–160–FOR; OSM 2010–0019]
Pennsylvania Regulatory Program
Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on program amendment.
AGENCY:
We are announcing receipt of
a proposed amendment to the
Pennsylvania regulatory program (the
‘‘Pennsylvania program’’) under the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). In response to correspondence
related to implementation of the
approved Pennsylvania program,
Pennsylvania has submitted regulatory
changes for approval to render its
program no less effective than the
Federal regulations as they relate to
effluent limitations for post-mining
discharges that are amenable to passive
treatment technology.
This document gives the times and
locations that the Pennsylvania program
and this submittal are available for your
inspection, the comment period during
which you may submit written
comments, and the procedures that we
will follow for the public hearing, if one
is requested.
DATES: We will accept written
comments until 4 p.m., local time April
25, 2011. If requested, we will hold a
public hearing on April 19, 2011. We
will accept requests to speak until
4 p.m., local time on April 11, 2011.
ADDRESSES: You may submit comments,
identified by ‘‘PA–160–FOR; Docket ID:
OSM–2010–0019’’ by either of the
following two methods:
Federal eRulemaking Portal: https://
www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM–
2010–0019. If you would like to submit
comments through the Federal
eRulemaking Portal, go to https://
www.regulations.gov and follow the
instructions.
Mail/Hand Delivery/Courier: Mr.
George Rieger, Chief, Pittsburgh Field
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SUMMARY:
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14:52 Mar 24, 2011
Jkt 223001
Division, Office of Surface Mining
Reclamation and Enforcement,
Harrisburg Transportation Center,
415 Market St., Suite 304, Harrisburg,
PA 17101.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the ‘‘Public Comment Procedures’’
heading of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: In addition to obtaining
copies of documents at https://
www.regulations.gov, information may
also be obtained at the addresses listed
below during normal business hours,
Monday through Friday, excluding
holidays. You may receive one free copy
of the amendment by contacting OSM’s
Pittsburgh Field Division Office.
George Rieger, Chief, Pittsburgh Field
Division, Office of Surface Mining
Reclamation and Enforcement,
Harrisburg Transportation Center,
415 Market St., Suite 304, Harrisburg,
Pennsylvania 17101, Telephone: (717)
782–4036, E-mail: grieger@osmre.gov.
Thomas Callaghan, P.G., Director,
Bureau of Mining and Reclamation,
Pennsylvania Department of
Environmental Protection, Rachel
Carson State Office Building, P.O. Box
8461, Harrisburg, Pennsylvania
17105–8461, Telephone: (717) 787–
5015, E-mail: tcallaghan@state.pa.us.
FOR FURTHER INFORMATION CONTACT:
George Rieger, Telephone: (717) 782–
4036. E-mail: grieger@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Description of the Request
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Pennsylvania
Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its program
includes, among other things, ‘‘a State
law which provides for the regulation of
surface coal mining and reclamation
operations in accordance with the
requirements of this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the
Pennsylvania program on July 30, 1982.
You can find background information
on the Pennsylvania program, including
the Secretary’s findings, the disposition
of comments, and conditions of
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Fmt 4702
Sfmt 4702
approval of the Pennsylvania program
in the July 30, 1982, Federal Register
(47 FR 33050). You can also find later
actions concerning the Pennsylvania
program and program amendments at 30
CFR 938.11, 938.12, 938.13, 938.15, and
938.16.
II. Description of the Request
By letter dated October 1, 2010,
(Administrative Record Number PA
854.03), Pennsylvania sent us a request
to approve statutory language and
revised regulations related to postmining pollutional discharges, the use
of passive treatment technologies on
regulated coal mining sites, and the
elimination of manganese effluent limits
on certain pollutional discharges under
the influence of identified precipitation
events. Pennsylvania is requesting
approval of the statutory language found
at Section 4.2(j) of PA Surface Mining
Conservation Reclamation Act (PA
SMCRA) and the revised regulations
found at: 25 Pa Code Chapters 86.1;
87.102(a) and (e); 88.92(a) and (e);
88.187(a) and (e); 88.292(a) and (e);
89.52(c); and 90.102(a) and (e).
This proposed amendment was
initiated by Pennsylvania as a result of
a coal mine permit inspection,
conducted by OSM, in which a post
mining pollutional discharge was
observed being treated under the
provisions of 87.102(e). Section
87.102(e), Postmining pollutional
discharges and corresponding
provisions in Chapters 88, 89, and 90,
were published in the Pennsylvania
Bulletin on November 15, 1997, and
have been implemented. To date, these
regulations have not been submitted as
a program amendment to Pennsylvania’s
approved regulatory program. Federal
regulations at 30 CFR 732.17(g) provide
that no change to laws or regulations
shall take effect for the purposes of a
State program until approved as an
amendment. In a letter dated July 7,
2010, OSM notified Pennsylvania that
until the regulations are approved by
OSM, use of the provisions to approve
the construction of new passive
treatment facilities at regulated coal
mine permits must be discontinued.
Statutory Changes: Section 4.2(j) of
PA SMCRA is available online at
Regulations.gov and in the
Administrative Record at the addresses
listed above under ADDRESSES.
Regulatory Changes: Pennsylvania
submits the following summary of the
proposed regulatory provisions changes
at 25 Pa Code: The revision to 86.1
includes the definitions of ‘‘Passive
Treatment System’’ and ‘‘Post-mining
Pollutional Discharge.’’ The revisions to
Sections 87.102(a), 88.92(a), 88.187(a),
E:\FR\FM\25MRP1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Proposed Rules]
[Pages 16712-16714]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6974]
=======================================================================
-----------------------------------------------------------------------
AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Part 205
RIN 0412 AA-69
Participation by Religious Organizations in USAID Programs
AGENCY: United States Agency for International Development (USAID).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: USAID is proposing to amend part 205 to more accurately
reflect current Establishment Clause jurisprudence with respect to the
use of Federal funds for inherently religious activities.
DATES: Comments must be submitted by May 9, 2011.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposed rule to: The Center for Faith-Based and Community
Initiatives, U.S. Agency for International Development, Room 6.07-023,
1300 Pennsylvania Avenue, NW., Washington, DC 20523. Communications
should refer to the ``proposed rule.'' You may submit your comments by
fax to 202-216-0077 or by e-mail to fbci@usaid.gov. A copy of each
communication submitted will be available for inspection and copying
[[Page 16713]]
between 8:30 a.m. and 5:30 p.m. at the above address.
FOR FURTHER INFORMATION CONTACT: Ari Alexander, Director, Center for
Faith-Based and Community Initiatives, USAID, Room 6.07-023, 1300
Pennsylvania Avenue, NW., Washington, DC 20523; telephone: (202) 712-
4080 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
On October 20, 2004, USAID published its final rule (the ``Final
Rule'') on participation by religious organizations in USAID programs
(69 FR 61716, codified at 22 CFR parts 202, 205, 211, and 226). The
Final Rule implemented Executive Branch policy that, within the
framework of constitutional guidelines, religious organizations should
be able to compete on an equal footing with other organizations for
USAID funding. The Final Rule revised USAID regulations pertaining to
grants, cooperative agreements and contracts awarded for the purpose of
administering grant programs to ensure their compliance with this
policy and to clarify that religious organizations are eligible to
participate in programs on the same basis as any other organization,
with respect to programs for which such other organizations are
eligible.
Among other things, the Final Rule provided that USAID funds could
be used for the acquisition, construction, or rehabilitation of
structures only to the extent that those structures were used for
conducting eligible activities under the specific USAID program. Where
a structure is used for both eligible and inherently religious
activities, the Final Rule clarified that USAID funds could not exceed
the cost of those portions of the acquisition, construction, or
rehabilitation that were attributable to eligible activities. The Final
Rule went on to state that USAID funds could not be used for
acquisition, construction, or rehabilitation of sanctuaries, chapels,
or any other room that a religious congregation that is a recipient or
sub-recipient of USAID assistance uses as its principal place of
worship.
II. This Proposed Rule
Based on further legal review, USAID has concluded that some
provisions in the Final Rule go beyond the requirements of the
Establishment Clause and other Federal law, are not supported by
Establishment Clause jurisprudence, and constrict USAID's ability to
pursue the national security and foreign policy interests of the United
States overseas. As such, these provisions unnecessarily and unduly
restrict and interfere with the ability of USAID to effectively
implement the bilateral foreign assistance programs of the United
States. Accordingly, USAID proposes to amend the Final Rule to provide
that, in general, nothing in USAID's regulations should be construed to
prohibit USAID funds from being used for activities that are permitted
under Establishment Clause jurisprudence or otherwise by law and that,
in particular, USAID funds may be used for the acquisition,
construction, or rehabilitation of structures that are used, in whole
or in part, for inherently religious activities, so long as the program
for which USAID assistance is provided (i) Is authorized by law and has
a secular purpose, (ii) is made generally available to a wide range of
organizations and beneficiaries which are defined without reference to
religion, (iii) has the effect of furthering a development objective,
(iv) the criteria upon which structures are selected for acquisition,
construction, or rehabilitation are religiously neutral, and (v) the
selection criteria are amenable to neutral application. Examples of
programs where USAID funds may be used for the acquisition,
construction, or rehabilitation of structures that are used, in whole
or in part, for inherently religious activities include, but are not
limited to, rehabilitation or reconstruction programs in a defined
geographic area following a natural or manmade disaster; rehabilitation
or reconstruction programs for schools; cultural or historical
preservation of structures that are architectural, artistic, cultural,
or historical landmarks; and rehabilitation or reconstruction programs
to promote tourism or other related economic activities.
III. Findings and Certifications or Impact Assessment
Regulatory Planning and Review
This is not a significant regulatory action and, therefore, is not
subject to review under section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
Regulatory Flexibility Act
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601 et seq.), USAID has considered the economic
impact of the proposed rule and has determined that its provisions
would not have a significant economic impact on a substantial number of
small entities.
List of Subjects of 22 CFR Part 205
Foreign aid, Grant programs, Nonprofit organizations.
For the reasons stated in the preamble, USAID proposes to amend
chapter II of title 22 of the Code of Federal Regulations as follows:
PART 205--PARTICIPATION BY RELIGIOUS ORGANIZATIONS IN USAID
PROGRAMS
1. The authority citation for part 205 continues to read as
follows:
Authority: 22 U.S.C. 2381(a).
2. Revise Sec. 205.1(d), revise paragraph (d) and add paragraph
(j) to read as follows:
Sec. 205.1 Grants and cooperative agreements.
* * * * *
(d) USAID funds may be used for the acquisition, construction, or
rehabilitation of structures that are used, in whole or in part, for
inherently religious activities so long as the program for which USAID
assistance is provided is authorized by law and has a secular purpose,
is made generally available to a wide range of organizations and
beneficiaries which are defined without reference to religion, has the
effect of furthering a development objective, the criteria upon which
structures are selected for acquisition, construction, or
rehabilitation are religiously neutral, and the selection criteria are
amenable to neutral application. Examples of programs where USAID funds
may be used for the acquisition, construction, or rehabilitation of
structures that are used, in whole or in part, for inherently religious
activities include, but are not limited to, rehabilitation or
reconstruction programs in a defined geographic area following a
natural or manmade disaster; rehabilitation or reconstruction programs
for schools; rehabilitation or reconstruction of structures that are
architectural, artistic, cultural, or historical landmarks for cultural
or historical preservation; and rehabilitation or reconstruction
programs to promote tourism or other related economic activities.
* * * * *
(j) Recognizing that USAID pursues the national security and
foreign policy interests of the United States overseas, nothing in this
Part shall be construed to prohibit USAID funds from being used for
activities that are permitted by Establishment Clause jurisprudence or
otherwise by law.
[[Page 16714]]
Dated: March 4, 2011.
Ari Alexander,
Director, Center for Faith-Based and Community Initiatives.
[FR Doc. 2011-6974 Filed 3-24-11; 8:45 am]
BILLING CODE 6116-01-P
