Restrictions on Funding for Abortion and Involuntary Sterilization The Helms Amendment and The Mexico City Policy APPENDIX F Optional Session Facilitative Supervision for Quality Improvement Curriculum 2008

Helms Amendment Prohibits the use of U.S. government funds for performing abortion as a method of family planning, or for motivating or coercing anyone to practice abortion. Applies to all U.S. foreign assistance.

Mexico City Policy (1) Prohibits U.S. government financial support (either through subawards or technical assistance) from going to: –non-U.S.-based nongovernmental organizations (NGOs) that perform or promote abortion as a method of family planning—even if they do so using their own or other, non-USAID donor funds Applies to U.S. international family planning assistance from any account.

Mexico City Policy (2) Permits postabortion care: –It does not limit organizations from treating injuries or illnesses caused by legal or illegal abortions.

Mexico City Policy (3) Applies to: –Foreign private organizations and NGOs (for-profit and nonprofit) –Direct grants, subgrants, contracts, or subcontracts, goods, and services (e.g., technical assistance and commodities) Does not apply to: –Foreign governments –U.S.-based government, private organizations and NGOs –Multilateral organizations –Contracts or subcontracts –Postabortion care

Defining Terms Abortion as a method of family planning—Refers to when abortion is performed for the purpose of spacing births or limiting fertility. Does not include abortions performed to end pregnancies caused by rape or incest or those that endanger the life of the pregnant woman. To perform abortion—Refers to operating a facility where abortions are performed as a method of family planning. Excludes treatment of injuries or illnesses caused by legal or illegal abortions (i.e., PAC). To actively promote abortion—Refers to an organization’s providing abortion counseling, referring a client for an abortion or for a menstrual extraction, or lobbying to make abortion legal or more available (see next slide for what this includes).

Defining Terms (2) Actively promoting abortion includes: Offering counseling that provides advice and information about the benefits and availability of abortion as an FP method. Providing advice that abortion is an available option in the event that other FP methods are not used or fail. (Does not apply to responding to questions from a pregnant woman who wants to obtain a safe, legal abortion.) Lobbying the government to continue the legality of abortion or to legalize abortion as a method of FP. Conducting a public information campaign regarding the benefits and/or availability of abortion as a method of FP.

Defining Terms (3) Nongovernmental organization (NGO)—any foreign NGO or other private institution, either nonprofit or for-profit Technical assistance—the transfer of goods or services to another organization

Technical Assistance “A technical assistance relationship between organizations implies a sustained and substantial relationship in which skills are transferred. Ad hoc interactions between organizations (e.g., visits, consultations, data collection, interviews) should not be subject to the restrictions under this interpretation.” ( Population Action International, 2001 )

Responsibilities under the Mexico City Policy U.S. NGOs: enforce the policy on their foreign NGO partners; include clauses in subawards; and monitor compliance. Foreign NGOs receiving U.S. funding or technical assistance: certify in writing when each new agreement or memorandum of understanding is executed that it does not, and will not, perform or actively promote abortion as a method of FP while receiving assistance from USAID.

Consequences of Violating the Mexico City Policy USAID reserves the right to investigate alleged violations. If confirmed: –The assistance provided to the recipient shall be terminated. –In the case of false certification, the recipient will be required to refund the full amount of funds awarded. –In the case of a mistake after certification, the recipient may only be required to refund the value of any assistance provided that is used to perform or actively promote abortion as a method of FP.