USAID's Family Planning Guiding Principles and U.S. Legislative and Policy Requirements
Restrictions on Support for Abortions
Since the enactment of legislation in 1973, recipients of U.S. family planning assistance have been legally prohibited from supporting abortion as a method of family planning using U.S. funds. USAID places high priority on preventing abortions through the use of family planning, saving the lives of women who suffer complications arising from unsafe abortion, and linking those women to voluntary family planning and other reproductive health services that will help prevent subsequent abortions.
The Helms Amendment
No foreign assistance funds may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions.
Sources: Section 104(f) of the Foreign Assistance Act of 1961, as amended; Annual Foreign Operations Appropriations Acts.
The Leahy Amendment
The term "motivate," as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about all pregnancy options.
Source: Annual Foreign Operations Appropriations Acts.
The Siljander Amendment
No foreign assistance funds may be used to lobby for or against abortion.
Source: FY 2006 Appropriations Act, Title II, "Child Survival and Health Programs Fund" and/or Title V, Section 518.
The Biden Amendment
No foreign assistance funds may 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 sterilization as a means of family planning.
Sources: Section 104(f) of the Foreign Assistance Act of 1961, as amended; Annual Foreign Operations Appropriations Acts.
The Mexico City Policy
On January 22, 2001, President Bush restored the Mexico City Policy that had been in place from 1985 – 1993. The Mexico City Policy requires foreign (non-U.S.) nongovernmental organizations to certify that they will not perform or actively promote abortion as a method of family planning as a condition for receiving USAID assistance for family planning.
The press release accompanying President Bush's Memorandum of January 22, 2001 restoring the Mexico City Policy states that "[t]he President's clear intention is that any restrictions do not limit organizations from treating injuries or illnesses caused by legal or illegal abortions, for example, postabortion care."
September 10, 2001 Memo from Duff Gillespie, Deputy Assistant Administrator, Population, Health and Nutrition
This memo provides more information on USAID support for postabortion care in the context of the Mexico City Policy. Available in English [PDF, 21KB], Spanish [PDF, 27KB], French [PDF, 24KB], Arabic [PDF, 70KB].
In August of 2003, the President extended the Mexico City Policy to "voluntary population planning" assistance provided by the Department of State. The President's memorandum excludes from the Mexico City Policy "foreign assistance furnished pursuant to the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003." Therefore, assistance solely for HIV/AIDS activities is not subject to the Mexico City Policy.
Policy and Related Information:
Mexico City Policy Contract Information Bulletin (CIB) 01-08
Available in English [PDF, 27KB], Spanish [PDF, 169KB], French [PDF, 220KB], Arabic [PDF, 140KB].
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