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USAID "RULE" FOR PARTICIPATION BY RELIGIOUS ORGANIZATIONS
On October 20, 2004, USAID issued its final rule (the "Rule") on participation by religious organizations in USAID programs (69 FR 61716).
The Rule amends several USAID regulations in furtherance of Executive Order 13279 (67 FR 77141), which directs executive agencies to ensure equal protection of laws for faith-based and community organizations ("FBCOs") that apply for federal funds.
The Rule generally ensures that FBCOs are able to compete fairly for USAID funding, and that USAID programming decisions are based on the program eligibility criteria, without regard to the religious character or affiliation of applicants.
Moreover, although faith-based organizations (FBCOs) may not use direct USAID funds for inherently religious activities, FBCOs may continue to engage in religious activities as long as they are privately-funded, separate in either time or location from USAID activities, and voluntary for beneficiaries of the USAID-funded activity.
- FBCOs may not use direct financial assistance from USAID (or any other Federal agency) to support inherently religious activities, but are otherwise free to engage in such activities. Inherently religious activities would include worship, prayer meetings, religious instruction and proselytization. These activities must be separated either in time or location from USAID-funded programs, and participation by actual or potential program beneficiaries must be voluntary. Assistance furnished with USAID funding may not be conditioned on participation in any inherently religious activities. The separation requirement may be different for certain programs in correctional facilities, in recognition of the unique environment and needs of inmates.
- FBCOs will retain their independence and may continue to carry out their religious mission. For example, they may continue to engage in inherently religious activities, provided they are separated in time or location from their USAID-funded activities. FBCOs may use their own space to provide USAID-funded services, without removing religious art, icons or symbols. Additionally, FBCOs may continue to govern themselves on a religious basis, select their board members on a religious basis, and include religious references in their organizations' mission statements.
- USAID funds may be used for the acquisition or construction of structures, only to the extent they are used for eligible activities under the specific USAID program. For "dual use" structures, USAID funding may not exceed the proportion of the cost attributable to eligible activities. USAID funds may not be used for sanctuaries, chapels, or other rooms that a USAID-funded religious congregation uses as a principal place of worship.
- FBCOs may not, in providing USAID-funded program assistance, discriminate for or against any actual or potential beneficiary on the basis of religion or religious belief.
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Suggested Readigns & Executive Orders
- Read the Executive Order that created the White House Office of Faith-Based & Community Initiatives on January 29, 2001
- Read the Executive Order that created five Centers for Faith-Based & Community Initiatives on January 29, 2001
- Read the Executive Order that created the center at USAID on December 12, 2002
- Read the Executive Order from December 12, 2002, that requires equal protection for faith-based and community organizations
DEVELOPMENT AND FAITH-BASED
BOOKS AND ARTICLES
- President George W. Bush, Rallying the Armies of Compassion (The White House, January 2001)
- Unlevel Playing Field: Barriers to Participation by Faith-Based and Community Organizations in Federal Social Service Programs (The White House, August 2001)
- Joseph Loconte, God, Government and the Good Samaritan: The Promise and the Peril of the President's Faith-Based Agenda (Washington, DC: The Heritage Foundation, 2001)
- Marvin Olasky, Compassionate Conservatism: What It Is, What It Does, And How It Can Transform America (New York: Free Press, 2000)
- Luis E. Lugo, Equal Partners: The Welfare Responsibility of Governments and Churches (Washington, DC: Center for Public Justice, 1998).
- Stephen V. Monsma, When Sacred and Secular Mix: Religious Nonprofit Organizations and Public Money (Lanham,Maryland: Rowman & Littlefield, 1996).
- Ram A. Cnaan with Robert J. Wineburg and Stephanie C. Boddie, The Newer Deal: Social Work and Religion in Partnership (New York: Columbia Univ. Press, 1999).
- Ryan Streeter, Transforming Charity: Toward a Results-Oriented Social Sector (Indianapolis: The Hudson Institute, 2001).
- E. J. Dionne Jr. and Ming Hsu Chen, eds., Sacred Places, Civic Purposes: Should Government Help Faith-Based Charity? (Washington, DC: The Brookings Institution, 2001).
- Ronald J. Sider, "The Case for Discrimination," First Things (June/July 2002)
- Byron R. Johnson, Objective Hope: Assessing the Effectiveness of Faith-Based Organizations: A Review of the Literature (Philadelphia: Center for Research on Religion and Urban Civil Society, 2002).
- The Nonprofit Sector and Government: Clarifying the Relationship (Washington, DC: The Aspen Institute, 2002)
- Religious Organizations and Government (Washington, DC: The Aspen Institute, 2002)
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Best_Practices_Guide_Indirect_Costing USAID.pdf - on Oct 14, 2008 11:07 AM by Wilma Colon-Ariza (version 6 / earlier versions)
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