M7. VOLUNTARY POPULATION PLANNING ACTIVITIES –
MANDATORY REQUIREMENTS (MAY 2006)
a. Requirements for Voluntary Sterilization Programs
(1) Funds made available under this award must not be used to pay for the
performance of involuntary sterilization as a method of family planning or
to coerce or provide any financial incentive to any individual to practice
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sterilization.
b. Prohibition on Abortion-Related Activities:
(1) No funds made available under this award will be used to finance, support,
or be attributed to the following activities: (i) procurement or distribution of
equipment intended to be used for the purpose of inducing abortions as a
method of family planning; (ii) special fees or incentives to any person to
coerce or motivate them to have abortions; (iii) payments to persons to
perform abortions or to solicit persons to undergo abortions; (iv)
information, education, training, or communication programs that seek to
promote abortion as a method of family planning; and
(v) lobbying for or
against abortion. The term “motivate,” as it relates to family planning
assistance, must not be construed to prohibit the provision, consistent with
local law, of information or counseling about all pregnancy options.
(2) No funds made available under this award will be used to pay for any
biomedical research which relates, in whole or in part, to methods of, or
the performance of, abortions or involuntary sterilizations as a means of
family planning. Epidemiologic or descriptive research to assess the
incidence, extent, or consequences of abortions is not precluded.
[END OF PROVISION]
M8. EQUAL PARTICIPATION BY FAITH-BASED ORGANIZATIONS
(JUNE 2016)
a. Faith-Based Organizations Encouraged
Faith-based organizations are eligible, on the same basis as any other organization,
to participate in any USAID program for which they are otherwise eligible. Neither
USAID nor entities that make and administer subawards of USAID funds shall
discriminate for or against an organization on the basis of the organization’s religious
character or affiliation. Additionally, religious organizations shall not be disqualified
from participating in USAID programs because such organizations are motivated or
influenced by religious faith to provide social services, or because of their religious
character or affiliation.
Decisions about awards of USAID financial assistance must be free from political
interference or even the appearance of such interference. Awards must be made on
the basis of merit, not the basis of the religious affiliation of an applicant, or lack
thereof. A faith-based organization may continue to carry out its mission, including
the definition, development, practice, and expression of its religious beliefs, within
the limits contained in this provision. For more information, see the USAID FaithBased and Community Initiatives Web site and 22 CFR 205.1.
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b. Explicitly Religious Activities Prohibited.
(1) Explicitly religious activities include activities that involve overt religious content
such as worship, religious instruction, prayer, or proselytization.
(2) The recipient must not engage in explicitly religious activities as part of the
programs or services directly funded with financial assistance from USAID. If the
recipient engages in explicitly religious activities, the activities must be offered
separately, in time or location, from any programs or services directly funded by
this award, and participation must be voluntary for beneficiaries of the programs
or services funded with USAID assistance.
(3) These restrictions apply equally to religious and secular organizations. All
organizations that participate in USAID programs, as recipients or subawardees,
including religious ones, must carry out eligible activities in accordance with all
program requirements and other applicable requirements governing USAIDfunded activities.
(4) Notwithstanding the restrictions of b.(1) and (2),
a religious organization that
participates in USAID-funded programs or services:
(i) May retain its independence and may continue to carry out its mission,
including the definition, development, practice, and expression of its
religious beliefs, provided that it does not use direct financial assistance
from USAID to support or engage in any explicitly religious activities or in
any other manner prohibited by law;
(ii) May use space in its facilities, without removing religious art, icons,
scriptures, or other religious symbols; and
(iii) May retains its authority over its internal governance, and may retain
religious terms in its organization’s name, select its board members on a
religious basis, and include religious references in its organization's
mission statements and other governing documents.
c. Implementation in accordance with the Establishment Clause: Nothing in this
provision shall be construed as authorizing the use of USAID funds for activities
that are not permitted by Establishment Clause jurisprudence or otherwise by
law.
d. Discrimination Based on Religion Prohibited: The recipient must not, in providing
services, discriminate against a program beneficiary or potential program
beneficiary on the basis of religion or religious belief, refusal to hold a religious
belief or a refusal to attend or participate in a religious practice.
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e. A religious organization's exemption from the Federal prohibition on employment
discrimination on the basis of religion, set forth in Sec. 702(a) of the Civil Rights
Act of 1964, 42 U.S.C. 2000e–1 is not forfeited when the organization receives
financial assistance from USAID.
f. The Secretary of State may waive the requirements of this section in whole or in
part, on a case-by-case basis, where the Secretary determines that such waiver
is necessary to further the national security or foreign policy interests of the
United States.
g. This provision must be included in all subawards under this award.
