U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT 

22 CFR Ch. II 

Fall 2012 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 Shivani Patel, Bureau for Management, Office of Management Policy, 

Budget and Performance, Policy Division, United States Agency for International Development, 

Washington, DC 20523; Telephone: (202) 712-5248, E-mail: shpatel@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review, being proposed, and regulations completed or withdrawn by USAID.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. 

Dated: October 16, 2012.

NAME: Angelique M. Crumbly, 

Senior Regulatory Policy Officer 

United States Agency for International Development. 
The 10 Regulatory Agendas

Agency for International Development - Proposed Rule

Title

Regulation 

Identifier 

Number

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

NEPA Determination of USAID Operating Expenses 0412-AA64

Partner Vetting in USAID Assistance 0412-AA71

Agency for International Development - Final Rule

Title

Regulation 

Identifier 

Number

Administration of Grants and Cooperative Agreements 0412-AA21

Participation by Religious Organizations in USAID Programs 0412-AA69

Rules on Source, Origin, and Nationality for Commodities and Services Financed by USAID 0412-AA70

Agency for International Development - Completed Action

Title

Regulation 

Identifier 

Number

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

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

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

Partner Vetting In USAID Acquisitions 0412-AA63

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

 View Related Documents

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

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite
ANPRM 01/26/2007 72 FR 3778 

ANPRM Comment Period End 03/27/2007 

NPRM 01/00/2013 

Final Action 06/00/2013 

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

Phone: 202 712-0206 

E-Mail: jnorling@usaid.gov

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

 View Related Documents

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: 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

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: Undetermined

Agency Contact: George Higginbotham Agency for International Development

Phone: 202 712-1948 

E-Mail: ghigginbotham@usaid.gov

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

 View Related Documents
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: Proposed 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

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small 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: Shivani Patel Agency for International Development

Phone: 202 712-5248 

E-Mail: shpatel@usaid.gov

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

 View Related Documents

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: 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

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:
Alternatives:

Costs and Benefits:

Risks:

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 12/00/2012 

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

Phone: 202 712-5831 

E-Mail: mgushue@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA69

 View Related Documents

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 amendment to 22 CFR part 205 eliminates restrictions on USAID funding that are not

consistent with applicable law and replaces those restrictions with the requirement that USAID programs which include the

acquisition, construction, or rehabilitation of structures that USAID knows will be used for religious activities must comply with

the requirements of the Establishment Clause, as applied domestically. 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

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 03/25/2011 76 FR 16712 

NPRM Comment Period End 05/09/2011 

Final Action 12/00/2012 

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

Phone: 202 712-1559 

E-Mail: hmclean@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA70

 View Related Documents

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

Abstract: This Rule makes the necessary changes to USAID's rules on Source, Origin, and Nationality (S/O/N), in furtherance

of a USAID initiative to revise these rules in order to reduce the burden of procurement processes for USAID and contractors

and grantees implementing USAID-funded development assistance activities and programs. In particular, USAID wishes to

simplify Agency S/O/N procedures as implemented in 22 CFR part 228 and align them more closely with statutory procurement

authorities.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 228.03 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 87-195, The Foreign Assistant Act of 1961, as amended

Legal Deadline: 

Action Source Description Date

Other Statutory ANPRM nulldate 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

ANPRM 02/16/2011 76 FR 8961 

ANPRM Comment Period End 04/04/2011 

NPRM 08/19/2011 76 FR 51916 

NPRM Comment Period End 10/03/2011 

Final Action 12/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: John Niemeyer 

Attorney-Advisor

Agency for International Development

Phone: 202 712-4776 

E-Mail: jniemeyer@usaid.gov
Agency for International Development ( AID ) RIN: 0412-AA51

 View Related Documents

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: Completed Action

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

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 07/09/2007 72 FR 37139 

NPRM Comment Period End 09/07/2007 

Withdrawn 07/11/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Public Comment URL: www.regulations.gov

Related RINs: Related to 0412-AA34

Agency Contact: Kenneth Monsess 

Procurement Analyst

Agency for International Development

Phone: 202 712-4913 

E-Mail: kmonsess@usaid.gov

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: Completed Action

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 1726(a)(c)

Legal Deadline: None

Regulatory Plan:

Statement of Need:
Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

ANPRM 08/19/2004 69 FR 51404 

ANPRM Comment Period End 09/18/2004 

Withdrawn 07/11/2012 

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

Phone: 202 712-4088 

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: Completed Action

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

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 10/24/2006 71 FR 62229 

NPRM Comment Period End 12/26/2006 

Withdrawn 07/11/2012 

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
Phone: 202 712-1382 

E-Mail: cketrick@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: Completed Action

Major: No Unfunded Mandates: No

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

Legal Authority: sec 621, PL 87–195; 75 stat 445 (22 U.S.C. 2381) as amended; EO 12163

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/05/2009 74 FR 3494 

Final Action 02/14/2012 77 FR 8166 

Final Action Effective 03/15/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

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.

Related RINs: Related to 0412-AA61

Agency Contact: George Higginbotham Agency for International Development

Phone: 202 712-1948 

E-Mail: ghigginbotham@usaid.gov

Agency Contact: Shivani Patel Agency for International Development

Phone: 202 712-5248 

E-Mail: shpatel@usaid.gov