USAID Family Planning Requirements – STATUTORY

Provision

Applies To

Statutory Text from Foreign
Assistance Act and/or Appropriations Act for FY 2005

Helms

All funds(1)

All entities(4)

None
of the funds made available to carry out this part may be used to pay for the
performance of abortions as a method of family planning or to motivate or
coerce any person to practice abortions.(6)(7)

Leahy

All funds(1)

All entities(4)

That
for purposes of this or any other Act authorizing or appropriating funds for
foreign operations, export financing, and related programs, 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.(7)

Biden

 

All funds(1)

All entities(4)

None
of the funds made available to carry out this part 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.(6)(7)

Siljander

All funds(1)

All entities(4)

That
none of the funds made available under this Act may be used to lobby for or
against abortion.(7)

Helms

All funds(1)

All entities(4)

That
nothing in this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign Assistance Act
of 1961.(7)

Kemp-Kasten and Related
Provisions

All funds(1)

All entities(4)

None
of the funds made available to carry out this part may be used to pay for the
performance of involuntary sterilizations as a method of family planning or
to coerce or provide any financial incentive to any person to undergo
sterilization.(6)(7) 

That
none of the funds made available in this Act nor any unobligated balances
from prior appropriations may be made available to any organization or
program which, as determined by the President of the United States, supports
or participates in the management of a program of coercive abortion or
involuntary sterilization.(7)

None
of the funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be obligated or expended for any country or
organization if the President certifies that the use of these funds by any
such country or organization would violate any of the above provisions
related to abortions and involuntary sterilizations.(7)

DeConcini

FP funds(2)

All entities(4)

That
in order to reduce reliance on abortion in developing nations, funds shall be
available only to voluntary family planning projects which offer, either
directly or through referral to, or information about access to, a broad
range of family planning methods and services.(7)

Tiahrt

FP funds(2)

All entities(4)

That
any such voluntary family planning project shall meet the following
requirements:  (1) service providers or
referral agents in the project shall not implement or be subject to quotas,
or other numerical targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative estimates
or indicators for budgeting and planning purposes); (2) the project shall not
include payment of incentives, bribes, gratuities, or financial reward
to:  (A) an individual in exchange for
becoming a family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family planning;
(3) the project shall not deny any right or benefit, including the right of
access to participate in any program of general welfare or the right of
access to health care, as a consequence of any individual’s decision not to
accept family planning services; (4) the project shall provide family
planning acceptors comprehensible information on the health benefits and
risks of the method chosen, including those conditions that might render the
use of the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than 60 days after the
date on which the Administrator of the United States Agency for International
Development determines that there has been a violation of the requirements
contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4) of this
proviso, the Administrator shall submit to the Committees on Appropriations a
report containing a description of such violation and the corrective action
taken by the Agency.(7)

Livingston

FP funds(2)

All entities(4)

That
in awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated against
because of such applicant’s religious or conscientious commitment to offer
only natural family planning; and, additionally, all such applicants shall
comply with the requirements of the previous proviso.(7)

(1) Applies to all funds appropriated under the Foreign Assistance Act of 1961, as amended.

(2) Applies only to funds for family planning activities (from any account) appropriated under the Foreign Assistance Act of 1961, as amended.

(3) Applies to all sources of funds for family planning received from all donors (i.e., funding from USAID and non-USAID sources).

(4) Applies to U.S. NGO’s, FNGO’s, PIO’s and governments.

(5) Applies only to FNGO’s receiving funds for family planning activities (from any account) and not to U.S. NGO’s, PIO’s and governments.

(6) Text from Section 104(f) of the Foreign Assistance Act of 1961, as amended.

(7) Text from FY 2005 Appropriations Act, Title II, “Child Survival and Health Programs Fund” and/or Title V, Section 518.

Provision

Applies To

Executive and USAID Policies

Mexico
City
Policy

All sources of        funds(3)

FNGO’s receiving FP
assistance(5)

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-governmental 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.

In
August of 2003, the President extended this 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 only for HIV/AIDS
activities is not subject to the Mexico City Policy.

For
detailed information on the Mexico City Policy requirements, please refer to CIB
01-08 (R), Restoration of the Mexico City Policy, White House Memorandum for
the Acting Administrator of the U.S. Agency for International Development,
03/28/01, (REVISED 03/29/01), which sets forth the Mexico City Policy
clauses. 

The
CIB can be found at:  http://www.usaid.gov/procurement_bus_opp/procurement/cib/pdf/cib0108r.pdf.

PD-3

FP funds(2)

All entities(4)

In
1982, USAID issued a policy paper on population assistance, which clearly
states its commitment to voluntarism in the provision of family planning
services.  The Population Policy of
1982, in Annex PD-3, includes specific requirements for USAID-supported
programs that include voluntary sterilization. These requirements cover informed consent, ready access to other methods, and guidelines on incentive payments, which affect payments to
acceptors, providers, and referral agents.

The
requirements of PD-3 are implemented in conjunction with the Tiahrt
requirements discussed above through the inclusion of standard provisions in
family planning awards.  The Tiahrt
Amendment and PD-3 require that USAID-assisted family planning projects meet
certain standards of voluntarism.
USAID places highest priority on ensuring that its FP/RH activities
adhere to the principles of voluntarism
and informed choice.  The Agency considers an individual’s
decision to use a specific method of family planning or to use any method of
family planning at all voluntary if
it is based upon the exercise of free choice and is not obtained by any
special inducements or any element of force, fraud, deceit, duress or other
forms of coercion or misrepresentation.
USAID defines informed choice
to include effective access to information on family planning choices and to
the counseling, services, and supplies needed to help individuals choose to
obtain or decline services, to seek, obtain, and follow up on a referral, or
simply to consider the matter further.

(1) Applies to all funds appropriated under the Foreign Assistance Act of 1961, as amended.

(2) Applies only to funds for family planning activities (from any account) appropriated under the Foreign Assistance Act of 1961, as amended.

(3) Applies to all sources of funds for family planning received from all donors (i.e., funding from USAID and non-USAID sources).

(4) Applies to U.S. NGO’s, FNGO’s, PIO’s and governments.

(5) Applies only to FNGO’s receiving funds for family planning activities (from any account) and not to U.S. NGO’s, PIO’s and governments.

(6) Text from Section 104(f) of the Foreign Assistance Act of 1961, as amended.

(7) Text from FY 2005 Appropriations Act, Title II, “Child Survival and Health Programs Fund” and/or Title V, Section 518.