post #1 of 1
4/8/11 at 4:50am
Thread Starter 

I found this on the regulations.gov site while researching an unrelated matter and thought it might be of interest to some members here.

 

Link: http://www.regulations.gov/#!documentDetail;D=AID_FRDOC_0001-0136

 

Excerpt:

 


...

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.

 

 


Edited by Minuteman - 4/8/11 at 6:42pm
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