Mexico City Policy, Rescission (Memorandum of January 23, 2009)

Federal Register: January 28, 2009 (Volume 74, Number 17)

Presidential Documents

Page 4903-4904

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr28ja09-105

Presidential Documents

Title 3--

The President

Page 4903

Memorandum of January 23, 2009

Mexico City Policy and Assistance for Voluntary

Population Planning

Memorandum for the Secretary of State [and] the

Administrator of the United States Agency for

International Development

The Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)(1)), prohibits nongovernmental organizations

(NGOs) that receive Federal funds from using those funds ``to pay for the performance of abortions as a method of family planning, or to motivate or coerce any person to practice abortions.'' The August 1984 announcement by President Reagan of what has become known as the ``Mexico City Policy'' directed the United

States Agency for International Development (USAID) to expand this limitation and withhold USAID funds from

NGOs that use non-USAID funds to engage in a wide range of activities, including providing advice, counseling, or information regarding abortion, or lobbying a foreign government to legalize or make abortion available. The Mexico City Policy was in effect from 1985 until 1993, when it was rescinded by President

Clinton. President George W. Bush reinstated the policy in 2001, implementing it through conditions in USAID grant awards, and subsequently extended the policy to

``voluntary population planning'' assistance provided by the Department of State.

These excessively broad conditions on grants and assistance awards are unwarranted. Moreover, they have undermined efforts to promote safe and effective voluntary family planning programs in foreign nations.

Accordingly, I hereby revoke the Presidential memorandum of January 22, 2001, for the Administrator of USAID (Restoration of the Mexico City Policy), the

Presidential memorandum of March 28, 2001, for the

Administrator of USAID (Restoration of the Mexico City

Policy), and the Presidential memorandum of August 29, 2003, for the Secretary of State (Assistance for

Voluntary Population Planning). In addition, I direct the Secretary of State and the Administrator of USAID to take the following actions with respect to conditions in voluntary population planning assistance and USAID grants that were imposed pursuant to either the 2001 or 2003 memoranda and that are not required by the Foreign Assistance Act or any other law: (1) immediately waive such conditions in any current grants, and (2) notify current grantees, as soon as possible, that these conditions have been waived. I further direct that the Department of State and USAID immediately cease imposing these conditions in any future grants.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Page 4904

The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.

(Presidential Sig.)

THE WHITE HOUSE,

Washington, January 23, 2009

FR Doc. E9-1923 Filed 1-27-09; 8:45 am

Billing code 4710-10-P