### U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Ch. II

Fall 2014 Semiannual Agenda of Regulations

AGENCY: U.S. Agency for International Development

ACTION: Semiannual Regulatory Agenda

SUMMARY: The U.S. Agency for International Development (USAID) is publishing this agenda as

required by Executive Order 12866, “Regulatory Planning and Review” (58 FR 51735, October 4, 1993),

as amended by Executive Order 13422 (72 FR 2763 January 18, 2007), and the Regulatory Flexibility

Act. This agenda reports the st atus of those regulations currently under review and gives USAID’s plan

for the issuance of proposed regulations during the next 12 months. It is expected that the information

provided in this agenda will enable the public to be more aware of and to participate more effectively in

USAID’s regulatory process.

FOR FURTHER INFORMATION CONTACT: For additional information about specific USAID regulatory

actions listed in the agenda, you should direct your comments and inquiries to the appropriate agency

contact identified in each entry. For general information on the agenda, you should direct your comments

and inquiries to George Higginbotham, Bureau for Management, Office of Management Policy, Budget

and Performance, Policy Division, United States Agency for International Development, Washington, DC

20523; Telephone: (202) 712-1948, Email: ghigginbotham@usaid.gov.

SUPPLEMENTARY INFORMATION: Executive Order 12866, as amended, and the regulatory Flexibility

Act require the semiannual publication in the Federal Register of an agenda of regulations. The

complete Unified Agenda is published at www.regulations.gov

. The purpose of the agenda is to provide

information to the public on regulations currently under review, being proposed, and regulations

completed or withdrawn by USAID. The Agenda is intended to facilitate comments and views by

interested members

### of the public. Publication of the proposed rulemaking actions in the agenda does not impose any

obligation on USAID to take any final action with regard to any specific item. Furthermore, USAID is not

precluded from rulemaking activities that are not listed in this agenda.

NAME: Angelique M. Crumbly, Regulatory Policy Officer.The 7 Regulatory Agendas

Agency for International Development - Proposed Rule

Title Regulation Identifier Number
USAID Environmental Compliance Procedures under the National Environmental Policy Act for Domestic Activities 0412-AA64
Amendment to "Participation by Religious Organizations in USAID Programs" to Implement Executive Order 13559 0412-AA75

Administrative and Conforming Revisions to the USAID Acquisition Regulation (AIDAR) 0412-AA76

Agency for International Development - Final Rule

Title Regulation Identifier Number
Participation by Religious Organizations in USAID Programs 0412-AA69

Partner Vetting in USAID Assistance 0412-AA71

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0412-AA73

Administrative and Conforming Revisions to 2 CFR Part 780 - Nonprocurement and Debarment and Suspension 0412-AA77

Agency for International Development ( AID ) RIN: 0412-AA64

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Title: USAID Environmental Compliance Procedures under the National Environmental Policy Act for Domestic Activities
Abstract: The procedures set forth in the proposed regulations ensure that the United States Agency for International Development (USAID) actions and expenditures comply with the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., as implemented by the Council on Environmental Quality (CEQ) Regulations (40 CFR Parts 1500 through 1508). These procedures apply specifically to Agency actions undertaken in the United States, its territories or possessions. USAID environmental compliance for Agency program funded activities located overseas is addressed under 22 CFR Part 216. Together, these two regulations ensure environmental stewardship for USAID activities. It is USAID policy to ensure that the environmental and social consequences of USAID financed activities are identified and considered by USAID prior to a final decision to proceed and that appropriate environmental safeguards are adopted. The proposed NEPA regulations will apply to domestic Agency activities which include building operations, acquisition and operation of fleet vehicles, personnel salary and administration, procurement of supplies and services, USAID facility construction and maintenance, payment of rent and utilities, general USAID internal operations and administration, other Operating Expense (OE) funded activities, and Agency program funded activities that occur within the United States.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: No
CFR Citation: 22 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: NEPA 1969; EO 13423; ARRA 2009 Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Federalism: No Energy Affected: Undetermined Agency Contact: Dennis Durbin Agency for International Development

Phone: 202 712-0789 E-Mail: ddurbin@usaid.govAgency for International Development ( AID ) RIN: 0412-AA75

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Title: Amendment to "Participation by Religious Organizations in USAID Programs" to Implement Executive Order 13559
Abstract: USAID will amend 22 CFR part 205 to implement changes required by Executive Order 13559, "Fundamental Principles and Policymaking Criteria for Partnerships With Faith-Based and Other Neighborhood Organizations" and the related report issued by the Interagency Working Group on Faith-Based and Other Neighborhood Partnerships.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: Undetermined
CFR Citation: 22 CFR 202; 22 CFR 205; 22 CFR 211; 22 CFR 226 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: EO 13559 Legal Deadline: None

Timetable:

Action Date FR Cite Proposed Rule 12/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Federalism: No Energy Affected: Undetermined Agency Contact: Diana Weed Agency for International Development

Phone: 202 712-5245

Agency for International Development ( AID ) RIN: 0412-AA76

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Title: Administrative and Conforming Revisions to the USAID Acquisition Regulation (AIDAR)
Abstract: USAID is amending its Agency supplement to the Federal Acquisition Regulations (AIDAR) to maintain consistency with the Federal Acquisition Regulation (FAR), to conform the regulation to previously implemented policy, remove obsolete material and make clarifications and editorial changes.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: No
CFR Citation: 48 CFR 701; 48 CFR 702; 48 CFR 703; 48 CFR 704; 48 CFR 705; 48 CFR 706; 48 CFR 707; 48 CFR 709; 48 CFR 711; 48 CFR 713; 48 CFR 714; 48 CFR 715; 48 CFR 716; 48 CFR 717; 48 CFR 719; 48 CFR 722; 48 CFR 725; 48 CFR 726; 48 CFR 727; 48 CFR 728; 48 CFR 731; 48 CFR 732; 48 CFR 733; 48 CFR 736; 48 CFR 742; 48 CFR 745; 48 CFR 747; 48 CFR 750; 48 CFR 752; 3 CFR 1979 comp, p 435 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: sec 621; PL 87-195; 75 stat 445; 22 USC 2381; EO 12163; 44 FR 56673 Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2015

Direct Final Rule 01/00/2015

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined
Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Marcelle Wijesinghe Agency for International Development

Phone: 202 567-4717 E-Mail: mwijesinghe@usaid.govAgency for International Development ( AID ) RIN: 0412-AA69

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Title: Participation by Religious Organizations in USAID Programs
Abstract: USAID is revising part 205 to more accurately reflect current Establishment Clause Jurisprudence with respect to the use of Federal Funds for inherently religious activities. The purpose of this regulatory action is to amend 22 CFR part 205, Participation by Religious Organizations in USAID Programs, to ensure compliance with the Establishment Clause, as applied domestically. Currently, 22 CFR part 205 is more restrictive than relevant Federal case law and relevant legal opinions issued by the Department of Justice. This regulatory action will help ensure that USAID funds are furnished in a manner consistent with the Establishment Clause, as applied domestically.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No
CFR Citation: 22 CFR 202; 22 CFR 205; 22 CFR 211; 22 CFR 226 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/25/2011 76 FR 16712
NPRM Comment Period End 05/09/2011

Final Action 12/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL: fbci@usaid.gov Public Comment URL: fbci@usaid.gov Agency Contact: Diana Weed Agency for International Development

Phone: 202 712-5245

Agency for International Development ( AID ) RIN: 0412-AA71

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Title: Partner Vetting in USAID Assistance
Abstract: The United States Agency for International Development (USAID) proposes to amend its regulation governing the administration of USAID-funded assistance awards to implement a Partner Vetting System (PVS). The purpose of the Partner Vetting System is to help ensure that USAID funds and other resources do not inadvertently benefit individuals or entities that are terrorists, supporters of terrorists or affiliated with terrorists, while also minimizing the impact on USAID programs and its implementing partners. In order to apply the PVS to USAID assistance, USAID is amending 22 CFR part 226.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No
CFR Citation: 22 CFR 226 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 22 USC 2381(a); 22 USC 2401 Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/21/2013 78 FR 69802

Final Action 01/00/2015

Regulatory Flexibility Analysis Required: No Government Levels Affected: NoSmall Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Agency Contact: George Higginbotham Agency for International Development

Phone: 202 712-1948 E-Mail: ghigginbotham@usaid.gov Agency Contact: Manuel Avendano Agency for International Development

Phone: 202 712-5785 E-Mail: mavendano@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA73

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Title: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
Abstract: USAID is adopting with amendments the Office of Management and Budget's (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: Undetermined Unfunded Mandates: Undetermined
CFR Citation: 2 CFR 200; 2 CFR 215; 2 CFR 220; 2 CFR 226; 2 CFR 230 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 20 USC 1221e-3; 20 USC 3474 Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 12/00/2014

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined
Federalism: No Energy Affected: Undetermined Agency Contact: Michael Gushue Senior Procurement Analyst Agency for International Development

Phone: 202 712-5831 E-Mail: mgushue@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA77

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Title: Administrative and Conforming Revisions to 2 CFR Part 780 - Nonprocurement and Debarment and Suspension
Abstract: USAID is amending its Agency policy on nonprocurement debarment and suspension to reflect Agency reorganizations over the recent years.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: Undetermined Unfunded Mandates: No
CFR Citation: 2 CFR 780.930; 2 CFR 780.1010; 3 CFR, 1986 comp, p 189 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: sec 2455, PL 103-355, 108 stat 3327; EO 12549 Legal Deadline: NoneTimetable:

Action Date FR Cite

Direct Final Rule 01/00/2015

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Lyudmila Bond Agency for International Development

Phone: 202 567-4753 E-Mail: lbond@usaid.gov