Background

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In 2009, President Obama appointed a diverse Advisory Council for Faith-Based and Neighborhood Partnerships and asked them to make recommendations for strengthening the social service partnerships the Government forms with nongovernmental providers, including strengthening the constitutional and legal footing of these partnerships. While Council members differed on some important issues in this area, they were able to come to agreement on a number of significant recommendations.

In response to the Advisory Council’s recommendations, on November 17, 2010, President Obama issued Executive Order (E.O.) 13559, Fundamental Principles and Policymaking Criteria for Partnerships with Faith-Based and Other Neighborhood Organizations, which amended E.O. 13279 (December 2002), Equal Protection of the Laws for Faith-Based and Community Organizations. E.O. 13559 outlines principles and policymaking criteria to guide Federal agencies in developing policies to ensure equal protection of the laws for faith-based and other community organizations.

USAID is now proposing to amend regulations first promulgated in 2004 (implementing E.O. 13279 at 22 CFR part 205) to conform with E.O. 13559. The proposed rule is available at https://www.federalregister.gov/articles/2015/08/06/2015-18261/amendment-to-participation-by-religious-organizations-in-usaid-programs-to-implement-executive-order. Other changes required by E.O. 13559 do not require new regulatory text and will be made through changes in guidance, practices, and communications strategies.

Together, these common-ground reforms will strengthen the partnerships the federal government forms with faith-based and community organizations to serve people in need.

Overview of Proposed Rule

  • The proposed rule amends the current regulations regarding the equal treatment of religious organizations in the following ways:
  • The proposed rule will replace the term "inherently religious activities" with the term "explicitly religious activities" and define the latter term as "including activities that involve overt religious content such as worship, religious instruction, or proselytization."
  • The proposed rule will state that decisions about awards of Federal financial assistance must be free from political interference or even the appearance of such interference and must be based on merit, not on the basis of religion or religious belief.
  • The proposed rule will clarify that the standards in the regulations apply to subawards as well as prime awards.

Public Notice and Comment

The NPRM invites public comment from interested persons. Comments are due no later than October 5, 2015 (Please note that due to a clerical error, the due date for comments on the NPRM is incorrect. Please see the corrected due date at https://www.federalregister.gov/articles/2015/09/04/2015-22039/amendment-to-participation-by-religious-organizations-in-usaid-programs-to-implement-executive-order). Public comments can be submitted electronically by email to FBCI@usaid.gov or by using the Federal eRulemaking Portal at www.regulations.gov. All comments will be available to the public, without charge, at www.regulations.gov and at the Center for Faith-Based and Community Initiatives during normal business hours.