International Family Planning: The "Mexico City" Policy (CRS Report for Congress)
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Release Date |
April 2, 2001 |
Report Number |
RL30830 |
Report Type |
Report |
Authors |
Larry Nowels, Foreign Affairs, Defense, and Trade Division |
Source Agency |
Congressional Research Service |
Summary:
At an August 1984 International Conference on Population held in Mexico City, Reagan Administration officials announced a new U.S. family planning policy requiring all nongovernmental organizations (NGOs) receiving population aid from the United States to agree that they would not perform or actively promote abortion as a method of family planning in other countries. The policy continued through early 1993 when President Clinton removed it.
On January 22, 2001, President George W. Bush issued a Memorandum directing the USAID Administrator "to reinstate in full all of the requirements of the Mexico City Policy in effect on January 19, 1993." Subsequently, USAID issued contract guidelines for restoring the Mexico City policy. Congressional opponents of the policy are attempting to force an early vote to overturn the policy (S.J.Res. 9) using expedited procedures under the Congressional Review Act regarding agency rules. In order to try to head off this effort, President Bush re-issued his Memorandum, including full contract guidelines, on March 28.
On January 1, 1985, USAID began to apply the new Mexico City policy. Under terms of the policy, a U.S. NGO had to agree not to provide any USAID funds to a foreign NGO, as a subgrantee, unless the foreign NGO certified in writing that it did not, and would not during the time of the aid agreement, perform or actively promote abortion as a method of family planning or provide financial assistance to any NGO that engages in such activities. A foreign organization that was a direct recipient of USAID grants, such as International Planned Parenthood, London, (IPPF/London) was required to make the same certification. These same conditions, however, did not apply to aid provided directly to foreign governments.
Although many major NGOs protested the Mexico City policy, most reluctantly accepted it in order to remain eligible for U.S. funding. The major exceptions were IPPF/ London and Family Planning International Assistance. Three court challenges in the late 1980s to reverse the policy failed. Administration officials said that there would be no reduction in the U.S. commitment to international family planning efforts; that money withheld from IPPF and other groups would be re-directed to those that complied with the policy. That appears to have been the case to some extent, although no specific documentation exists. Critics expressed concern not only about the amount of money available, but also about the loss of "quality" providers that resulted from the Mexico City policy.
A 1990 study commissioned by USAID found that recipients and subrecipients of U.S. family planning grants had fully complied with the Mexico City policy. They also concluded that subrecipients did not adequately understand the fine points of the contract clauses and applied unnecessary restrictions on their operations. This was due primarily to deliberate application of excessive restrictions in order to avoid any inadvertent action that might risk the loss of funding.