U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT 

22 CFR Ch. II 

Fall 2010 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 status 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, Management Bureau, Office of Management Policy, 

Budget and Performance, U.S. Agency for International Development, Washington, DC 20523; 

telephone: (202) 712-1948, e-mail: 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.reginfo.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completed or withdrawn by USAID.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. The dates listed in 

the timetables for specific actions are estimates and are not commitments to act on or by the particular 

date. 

Dated: September 10, 2010.

NAME: Drew W. Luten,

Senior Deputy Assistant Administrator, Bureau for Management, USAID 

Regulatory Policy Officer. 

Regulations.gov Monday, December 20, 2010 Unified Agenda

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The 14 Regulatory Agendas

Agency for International Development - Proposed Rule

Title

Regulation 

Identifier 

Number

Transfer of Food Commodities for Food Use and Disaster Relief, Economic Development, and Other Assistance 0412-AA54

Modification of the USAID Acquisition Regulation by Adding Key Subcontractor Consent Provisions 0412-AA59

Participation by Religious Organizations in USAID Programs 0412-AA69

Agency for International Development - Final Rule

Title

Regulation 

Identifier 

Number

Administration of Grants and Cooperative Agreements 0412-AA21

USAID Direct Contracts for Personal Services 0412-AA49

Rules and Procedures Applicable to Commodity Transactions Financed by USAID 0412-AA51

Application of Post-Differential and Danger Pay to Extended Work Weeks Under Cost-Reimbursement Type Contracts 0412-AA56

Various Administrative Changes to the U.S. AIDAR 0412-AA62

Partner Vetting In USAID Acquisitions 0412-AA63

NEPA Determination of USAID Operating Expenses 0412-AA64

U.S. Agency for International Development Implementation of OMB Guidance on Drug-Free Workplace Requirements 0412-AA66

Nonprocurement Debarment and Suspension 0412-AA67

Rules on Source, Origin, and Nationality for Commodities and Services Financed by USAID 0412-AA68

Agency for International Development - Completed Action

Title

Regulation 

Identifier 

Number

Privacy Act of 1974; Implementation of Exemptions 0412-AA61

Agency for International Development ( AID ) RIN: 0412-AA54

 View Related Documents

Title: Transfer of Food Commodities for Food Use and Disaster Relief, Economic Development, and Other Assistance

Abstract: 22 CFR 211 is being rewritten in order to update guidance to reflect changes in the 1996 and 2002 Farm Bills as

well as to revise financial and programmatic reporting requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 211 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 7 USC 1726a(c)

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 08/19/2004 69 FR 51404 

ANPRM Comment Period End 09/18/2004 

NPRM 12/00/2010 

Regulations.gov Monday, December 20, 2010 Unified Agenda

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Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Ms. Juli Majernik 

Food for Peace Officer

Agency for International Development

Room 7.06-136 1300 Pennsylvania Avenue NW.

Washington , DC 20523-7600 

Phone: 202 712-4088 

FAX: 202 216-3039

Agency for International Development ( AID ) RIN: 0412-AA59

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Title: Modification of the USAID Acquisition Regulation by Adding Key Subcontractor Consent Provisions

Abstract: The United States Agency for International Development is proposing to amend the USAID Acquisition Regulation

(AIDAR) by providing additional authority to monitor prime contractor compliance with subcontracting plans. The intent of this

amendment is to provide the contracting officer a means for monitoring and assuring that subcontractors who were named in

the offeror’s proposal and whose contributions were evaluated as part of the proposal evaluation are in fact used in the contract.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 7 (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

ANPRM 01/26/2007 72 FR 3778 

ANPRM Comment Period End 03/27/2007 

NPRM 12/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Jennifer Norling 

Senior Procurement Analyst

Agency for International Development

RRB 7.08-031 1300 Pennsylvania Avenue NW.

Washington , DC 20523-7801 

Phone: 202 712-0206 

FAX: 202 216-3395

Agency 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.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule

Regulations.gov Monday, December 20, 2010 Unified Agenda

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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 12/00/2010 

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: Heather Maclean Agency for International Development

1300 Pennsylvania Avenue

Washington , DC 20523 

Phone: 202 712-1559 

E-Mail: hmclean@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA21

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Title: Administration of Grants and Cooperative Agreements

Abstract: This regulation will implement the Governmentwide uniform administrative requirements for grants and agreements

with institutions of higher education, hospitals, and other nonprofit organizations issued by the Office of Management and

Budget.

Priority: Substantive, Nonsignificant 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

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 01/19/1995 60 FR 3743 

Interim Final Rule Effective 02/21/1995 

Interim Final Rule Comment Period End 03/20/1995 

Final Action 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Organizations Federalism: No

Public Comment URL: www.regulations.gov

Agency Contact: Michael Gushue 

Senior Procurement Analyst

Agency for International Development

Room 7.10-031 1300 Pennsylvania Avenue NW.

Washington , DC 20523 

Phone: 202 712-5831 

E-Mail: mgushue@usaid.gov

Regulations.gov Monday, December 20, 2010 Unified Agenda

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Agency for International Development ( AID ) RIN: 0412-AA49

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Title: USAID Direct Contracts for Personal Services

Abstract: Appendix A will replace, in substance, the existing appendix D and J scheduled to be deleted commensurate to

this action.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 7, app A (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Foreign Assistance Act, as amended

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/13/2007 72 FR 6812 

NPRM Comment Period End 04/16/2007 

Final Action 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Public Comment URL: www.regulations.gov

Agency Contact: Tom M Henson 

Senior Procurement Analyst, Office of Acquisition and Assistance

Agency for International Development

Policy Division RRB 7.8.33 1300 Pennsylvania Avenue NW.

Washington , DC 20523 

Phone: 202 712-5448 

FAX: 202 216-3136

E-Mail: thenson@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA51

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Title: Rules and Procedures Applicable to Commodity Transactions Financed by USAID

Abstract: USAID Regulation 1, 22 CFR 201, is being amended to: 1. Revise the criteria for noncompetitive procurement for

private sector programs; 2. Revise the marking requirements to address the use of the new USAID Identity; 3. Revise and add

definitions; 4. Revise agency organizational names and acronyms; 5. Reinstate Section 201.13 coverage on ocean

transportation costs that was erroneously deleted from prior editions; 6. Provide for advertising public sector procurements over

$25,000 in the USAID Procurement Bulletins as the primary means of advertising these procurements to U.S. suppliers (in lieu

of advertising public sector procurements over $100,000 in Fed Biz Opps, successor to Commerce Business Daily); 7. Make

numerous clarifications and editorial amendments; and 8. Update the Paperwork Reduction Act approvals.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 201 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 2381

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/09/2007 72 FR 37139 

NPRM Comment Period End 09/07/2007 

Final Action 10/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Regulations.gov Monday, December 20, 2010 Unified Agenda

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Public Comment URL: www.regulations.gov

Related RINs: Related to 0412-AA34

Agency Contact: Kenneth Monsess 

Procurement Analyst

Agency for International Development

RRB 7.08-021 1300 Pennsylvania Avenue NW.

Washington , DC 20523 

Phone: 202 712-4913 

E-Mail: kmonsess@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA56

 View Related Documents

Title: Application of Post-Differential and Danger Pay to Extended Work Weeks Under Cost-Reimbursement Type Contracts

Abstract: The USAID Acquisition Regulation will be amended to establish USAID policy on the application of Post-Differential

and Danger Pay to extended work weeks under cost-reimbursement type contracts.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 752 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 2381

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/24/2006 71 FR 62229 

NPRM Comment Period End 12/26/2006 

Final Action 10/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Public Comment URL: www.regulations.gov

Agency Contact: Carol Ketrick 

Procurement Analyst

Agency for International Development

RRB 7.08-020 1300 Pennsylvania Avenue NW.

Washington , DC 20523 

Phone: 202 712-1382 

FAX: 202 216-3395

E-Mail: cketrick@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA62

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Title: Various Administrative Changes to the U.S. AIDAR

Abstract: The U.S. Agency for International Development (USAID) is amending its Agency for International Development

Acquisition Regulation (AIDAR) to specify: 1. The updated name and organizational acronyms for various USAID organizations;

2. The current job title for the Agency’s competition advocate; 3. Current agency policy with respect to the use of contractor

performance information in source selection actions; 4. Removal of references to an obsolete database of contractor

information; 5. The Civilian Board of Contract Appeals (CBCA) to hear and determine appeals under USAID contracts; 6.

Addition of new contract clause for Patent Reporting Procedures; 7. Deletion of the contract clause entitled 752.7005,

Submission Requirements for Development Experience Information, and reservation of the section and; 8. The current

Paperwork Reduction Act approval expirations, as required by the Act. Additionally, miscellaneous updates of internal

procedures, clarifications, and editorial amendments are made to better specify the regulation.

Regulations.gov Monday, December 20, 2010 Unified Agenda

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Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: Undetermined

CFR Citation: 48 CFR 7 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 2381

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Kenneth Monsess Agency for International Development

1300 Pennsylvania Avenue NW.

Washington , DC 20523-7801 

Phone: 202 712-4913 

E-Mail: kmonsess@usaid.gov; pastperformance@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA63

 View Related Documents

Title: Partner Vetting In USAID Acquisitions

Abstract: The U.S. Agency for International Development (USAID) published a NPRM in June 2009 to establish a Partner

Vetting System (PVS) 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. The proposed rule would amend 48 CFR chapter 7 to apply

partner vetting to USAID acquisitions.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 7 (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 06/05/2009 74 FR 3494 

NPRM Comment Period End 08/25/2009 

Final Action 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Related RINs: Related to 0412-AA61

Agency Contact: Jennifer Norling Agency for International Development

RRB 7.08-031 1300 Pennsylvania Avenue NW.

Washington , DC 20523-7801 

Phone: 202 712-1807 

FAX: 202 216-3395

E-Mail: jnorling@usaid.gov

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

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Regulations.gov Monday, December 20, 2010 Unified Agenda

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Title: NEPA Determination of USAID Operating Expenses

Abstract: The United States Agency for International Development has established a Directive that provides for categorical

exclusions under the National Environmental Policy Act (NEPA) for projects that focus on internal domestic USAID operations at

USAID facilities such as routine administrative actions and procurement and deployment of information technology software and

systems in existing facilities. The Directive will better align USAID implementation of the CEQ NEPA regulations by providing for

the efficient and timely environmental review of routine operations at USAID facilities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final 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

Interim Final Rule 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: Undetermined

Agency Contact: George Higginbotham Agency for International Development

RRB 1300 Pennsylvnia Avenue NW.

Washington , DC 20523 

Phone: 202 712-1948 

E-Mail: ghigginbotham@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA66

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Title: U.S. Agency for International Development Implementation of OMB Guidance on Drug-Free Workplace Requirements

Abstract: OMB requires each agency to replace the common rule on drug-free workplace requirements for financial

assistance that the agency previously issued in 22 CFR part 210 with a brief regulation in 2 CFR adopting the Government wide

policies and procedures. This regulatory action implements OMB's initiative to streamline and consolidate into one title of the

CFR all federal regulations on drug-free workplace requirements for financial assistance. These changes constitute an

administrative simplification that would make no substantive change to USAID's policy or procedures for a drug-free workplace.

A Federal solution is required because OMB is imposing this requirement on all Federal agencies. USAID has no alternative to

removing 22 CFR part 210. No potential costs are foreseen for this action. One advantage of this approach is that it reduces the

total volume of drug-free workplace regulations. A second advantage is that it collocates OMB's guidance and all of the

agencies' implementing regulations in 2 CFR.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 210 (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

Interim Final Rule 02/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Organizations Federalism: No

Energy Affected: No

Agency Contact: Melita Yearwood Agency for International Development

RRB 1300 Pennsylvania Avenue NW.

Washington , DC 20523 

Phone: 202 712-5893 

Regulations.gov Monday, December 20, 2010 Unified Agenda

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E-Mail: myearwood@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA67

 View Related Documents

Title: Nonprocurement Debarment and Suspension

Abstract: The Office of Management and Budget (OMB) requires each agency to replace their individual common rule on

(non-procurement) debarment and suspension requirements that was previously issued in 22 CFR part 208 with a brief

regulation in 2 CFR adopting the Governmentwide policies and procedures. This regulatory action implements OMB's initiative

to streamline and consolidate into one title of the CFR all federal regulations on non-procurement debarment and suspension

requirements. These changes constitute an administrative simplification that would make no substantive change to USAID's

policy or procedures for non-procurement debarment and suspension and eliminates more than 1500 pages of needlessly

duplicative regulations from the CFR. The brief adopting parts will enable a reader to review an agency’s variations from the

Governmentwide guidance and thus collocate OMB's guidance as well as the agencies' implementing regulations in 2 CFR. No

potential costs are foreseen for this action.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 208 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: 

 Action Source Description Date

Other Statutory 02/00/2011 

Timetable:

Action Date FR Cite

Direct Final Rule 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Melita Yearwood Agency for International Development

RRB 1300 Pennsylvania Avenue NW.

Washington , DC 20523 

Phone: 202 712-5893 

E-Mail: myearwood@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA68

 View Related Documents

Title: Rules on Source, Origin, and Nationality for Commodities and Services Financed by USAID

Abstract: USAID is amending its regulation on source, origin and nationality for commodities and services financed by

USAID: It is removing Laos and Iraq from the list of “foreign policy restricted” countries. Laos and Iraq were removed because

the characterization of these countries is no longer justified in light of the normalization of relations that has taken place between

the United States and these countries and the their respective contributions toward the achievement of U.S. foreign policy

objectives. Laotian and Iraqi individuals, privately owned commercial firms, and nonprofit organizations are now eligible for the

USAID procurements subject to the Geographic (Geo) Codes 899*, 935, and 941* (identified in sec. 228.03 below) effective as

of the dates specified below.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 228 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Regulatory Flexibility Act, 5 USC 601

Legal Deadline: None

Regulations.gov Monday, December 20, 2010 Unified Agenda

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Timetable:

Action Date FR Cite

Final Action 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business 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: Kenneth Monsess Agency for International Development

1300 Pennsylvania Avenue NW.

Washington , DC 20523-7801 

Phone: 202 712-4913 

E-Mail: kmonsess@usaid.gov; pastperformance@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA61

 View Related Documents

Title: Privacy Act of 1974; Implementation of Exemptions

Abstract: The United States Agency for International Development (USAID) is concurrently establishing a new systems of

records pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), entitled the “Partner Vetting System” (PVS). The

PVS will support the vetting of individuals, officers, or other officials of non-governmental organizations who apply for USAID

contracts, grants, cooperative agreements, or other funding, or who apply for registration with USAID as Private and Voluntary

Organizations (PVOs), ensuring that neither USAID funds nor USAID-funded activities inadvertently or otherwise provide support

to entities or individuals associated with terrorism. In this proposed rulemaking, USAID proposes to exempt portions of this

system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement

requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 215 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 2339A

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 07/23/2007 72 FR 40110 

NPRM 07/20/2007 72 FR 39768 

NPRM Comment Period End 09/18/2007 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mr. Jeffrey A Denale Agency for International Development

Room 2.06-005 1300 Pennsylvania Avenue NW.

Washington , DC 20523-2600 

Phone: 202 712-1264 

E-Mail: jdenale@usaid.gov

Regulations.gov Monday, December 20, 2010 Unified Agenda

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