[Federal Register Volume 66, Number 61 (Thursday, March 29, 2001)]
[Presidential Documents]
[Pages 17303-17313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8011]
[[Page 17301]]
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Part IV
The President
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Memorandum of March 28, 2001--Restoration of the Mexico City Policy
Presidential Documents
Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 17303]]
Memorandum of March 28, 2001
Restoration of the Mexico City Policy
Memorandum for the Administrator of the United States
Agency for International Development
The Mexico City Policy announced by President Reagan in
1984 required foreign nongovernmental organizations to
agree as a condition of their receipt of Federal funds
for family planning activities that such organizations
would neither perform nor actively promote abortion as
a method of family planning in other nations. This
policy was in effect until it was rescinded on January
22, 1993.
It is my conviction that taxpayer funds appropriated
pursuant to the Foreign Assistance Act should not be
given to foreign nongovernmental organizations that
perform abortions or actively promote abortion as a
method of family planning in other nations.
Accordingly, I direct that, except as otherwise
provided below in section III, the paragraphs set forth
below be included, as specified, in the Standard
Provision that was issued in Contract Information
Bulletin 99-06 entitled ``Voluntary Population
Activities (March 1999)'' for use in all new grants and
cooperative agreements awarded by the United States
Agency for International Development (USAID) that
provide assistance for family planning activities.
In addition, except as otherwise provided below, these
paragraphs are to be included in the Standard Provision
when any existing grant or cooperative agreement for
family planning activities is amended to add new
funding. The FY 2000 population certification
requirements issued in Contract Information Bulletin
00-04 remain in effect until September 30, 2001.
The foregoing directive accomplishes the objective of
my January 22, 2001, Memorandum to the USAID
Administrator--to reinstate in full all of the
requirements of the Mexico City Policy in effect on
January 19, 1993--and is issued pursuant to the
authority vested in me by the Constitution and the laws
of the United States of America, including section 104
of the Foreign Assistance Act of 1961, as amended (22
U.S.C. 2151b).
I. Grants and Cooperative Agreements with U.S.
Nongovernmental Organizations
Paragraph (e) is replaced by the following paragraphs
(e) and (f), which are to be included in the Standard
Provision for use in assistance agreements with United
States nongovernmental organizations:
``(e)
Ineligibility of Foreign Nongovernmental Organizations that Perform or
Actively Promote Abortion as a Method of Family Planning.
(1)
The recipient agrees that is will not furnish assistance for family
planning under this award to any foreign nongovernmental organization that
performs or actively promotes abortion as a method of family planning in
USAID-recipient countries or that provides financial support to any other
foreign nongovernmental organization that conducts such activities. For
purposes of this paragraph (e), a foreign nongovernmental organization is a
nongovernmental organization that is not organized under the laws of any
State of the United States, the District of Columbia or the Commonwealth of
Puerto Rico.
[[Page 17304]]
(2)
Prior to furnishing funds provided under this award to another
nongovernmental organization organized under the laws of any State of the
United States, the District of Columbia, or the Commonwealth of Puerto
Rico, the recipient shall obtain the written agreement of such organization
that the organization shall not furnish assistance for family planning
under this award to any foreign nongovernmental organization except under
the conditions and requirements that are applicable to the recipient as set
forth in this paragraph (e).
(3)
The recipient may not furnish assistance for family planning under this
award to a foreign nongovernmental organization (the subrecipient) unless:
(i)
The subrecipient certifies in writing that it does not perform or actively
promote abortion as a method of family planning in USAID-recipient
countries and does not provide financial support to any other foreign
nongovernmental organization that conducts such activities; and
(ii)
The recipient obtains the written agreement of the subrecipient containing
the undertakings described in subparagraph (4) below.
(4)
Prior to furnishing assistance for family planning under this award to a
subrecipient, the subrecipient must agree in writing that:
(i)
The subrecipient will not, while receiving assistance under this award,
perform or actively promote abortion as a method of family planning in
USAID-recipient countries or provide financial support to other foreign
nongovernmental organizations that conduct such activities;
(ii)
The recipient and authorized representatives of USAID may, at any
reasonable time: (A) inspect the documents and materials maintained or
prepared by the subrecipient in the usual course of its operations that
describe the family planning activities of the subrecipient, including
reports, brochures and service statistics; (B) observe the family planning
activity conducted by the subrecipient; (C) consult with family planning
personnel of the subrecipient; and (D) obtain a copy of the audited
financial statement or report of the subrecipient, if there is one;
(iii)
In the event that the recipient or USAID has reasonable cause to believe
that a subrecipient may have violated its undertaking not to perform or
actively promote abortion as a method of family planning, the recipient
shall review the family planning program of the subrecipient to determine
whether a violation of the undertaking has occurred. The subrecipient shall
make available to the recipient such books and records and other
information as may be reasonably requested in order to conduct the review.
USAID may also review the family planning program of the subrecipient under
these circumstances, and USAID shall have access to such books and records
and information for inspection upon request;
(iv)
The subrecipient shall refund to the recipient the entire amount of
assistance for family planning furnished to the subrecipient under this
award in the event it is determined that the certification provided by the
subrecipient under subparagraph (3), above, is false;
[[Page 17305]]
(v)
Assistance for family planning provided to the subrecipient under this
award shall be terminated if the subrecipient violates any undertaking in
the agreement required by subparagraphs (3) and (4), and the subrecipient
shall refund to the recipient the value of any assistance furnished under
this award that is used to perform or actively promote abortion as a method
of family planning; and
(vi)
The subrecipient may furnish assistance for family planning under this
award to another foreign nongovernmental organization (the sub-
subrecipient) only if: (A) the sub-subrecipient certifies in writing that
it does not perform or actively promote abortion as a method of family
planning in USAID-recipient countries and does not provide financial
support to any other foreign nongovernmental organization that conducts
such activities; and (B) the subrecipient obtains the written agreement of
the sub-subrecipient that contains the same undertakings and obligations to
the subrecipient as those provided by the subrecipient to the recipient as
described in subparagraphs (4)(i)-(v) above.
(5)
Agreements with subrecipients and sub-subrecipients required under
subparagraphs (3) and (4) shall contain the definitions set forth in
subparagraph (10) of this paragraph (e).
(6)
The recipient shall be liable to USAID for a refund for a violation of any
requirement of this paragraph (e) only if: (i) the recipient knowingly
furnishes assistance for family planning to a subrecipient who performs or
actively promotes abortion as a method of family planning; or (ii) the
certification provided by a subrecipient is false and the recipient failed
to make reasonable efforts to verify the validity of the certification
prior to furnishing assistance to the subrecipient; or (iii) the recipient
knows or has reason to know, by virtue of the monitoring which the
recipient is required to perform under the terms of this award, that a
subrecipient has violated any of the undertakings required under
subparagraph (4) and the recipient fails to terminate assistance for family
planning to the subrecipient, or fails to require the subrecipient to
terminate assistance to a sub-subrecipient that violates any undertaking of
the agreement required under subparagraph 4(vi), above. If the recipient
finds, in exercising its monitoring responsibility under this award, that a
subrecipient or sub-subrecipient receives frequent requests for the
information described in subparagraph (10)(iii)(A)(II), below, the
recipient shall verify that this information is being provided properly in
accordance with subparagraph (10)(iii)(A)(II) and shall describe to USAID
the reasons for reaching its conclusion.
(7)
In submitting a request to USAID for approval of a recipient's decision to
furnish assistance for family planning to a subrecipient, the recipient
shall include a description of the efforts made by the recipient to verify
the validity of the certification provided by the subrecipient. USAID may
request the recipient to make additional efforts to verify the validity of
the certification. USAID will inform the recipient in writing when USAID is
satisfied that reasonable efforts have been made. If USAID concludes that
these efforts are reasonable within the meaning of subparagraph (6) above,
the recipient shall not be liable to USAID for a refund in the event the
subrecipient's certification is false unless the recipient knew the
certification to be false or misrepresented to USAID the efforts made by
the recipient to verify the validity of the certification.
[[Page 17306]]
(8)
It is understood that USAID may make independent inquiries, in the
community served by a subrecipient or sub-subrecipient, regarding whether
it performs or actively promotes abortion as a method of family planning.
(9)
A subrecipient must provide the certification required under subparagraph
(3) and a sub-subrecipient must provide the certification required under
subparagraph (4)(vi) each time a new agreement is executed with the
subrecipient or sub-subrecipient in furnishing assistance for family
planning under the award.
(10)
The following definitions apply for purposes of this paragraph (e):
(i)
Abortion is a method of family planning when it is for the purpose of
spacing births. This includes, but is not limited to, abortions performed
for the physical or mental health of the mother, but does not include
abortions performed if the life of the mother would be endangered if the
fetus were carried to term or abortions performed following rape or incest
(since abortion under these circumstances is not a family planning act).
(ii)
To perform abortions means to operate a facility where abortions are
performed as a method of family planning. Excluded from this definition are
clinics or hospitals that do not include abortion in their family planning
programs. Also excluded from this definition is the treatment of injuries
or illnesses caused by legal or illegal abortions, for example, post-
abortion care.
(iii)
To actively promote abortion means for an organization to commit
resources, financial or other, in a substantial or continuing effort to
increase the availability or use of abortion as a method of family
planning.
(A)
This includes, but is not limited to, the following:
(I)
Operating a family planning counseling service that includes, as part of
the regular program, providing advice and information regarding the
benefits and availability of abortion as a method of family planning;
(II)
Providing advice that abortion is an available option in the event other
methods of family planning are not used or are not successful or
encouraging women to consider abortion (passively responding to a question
regarding where a safe, legal abortion may be obtained is not considered
active promotion if the question is specifically asked by a woman who is
already pregnant, the woman clearly states that she has already decided to
have a legal abortion, and the family planning counselor reasonably
believes that the ethics of the medical profession in the country requires
a response regarding where it may be obtained safely);
(III)
Lobbying a foreign government to legalize or make available abortion as a
method of family planning or lobbying such a government to continue the
legality of abortion as a method of family planning; and
(IV)
Conducting a public information campaign in USAID-recipient countries
regarding the benefits and/or availability of abortion as a method of
family planning.
(B)
Excluded from the definition of active promotion of abortion as a method of
family planning are referrals for abortion as a result of rape or incest,
or if the life of the mother would be endangered if the fetus were carried
to term. Also excluded from this definition is the treatment of injuries or
illnesses caused by legal or illegal abortions, for example, post-abortion
care.
[[Page 17307]]
(C)
Action by an individual acting in the individual's capacity shall not be
attributed to an organization with which the individual is associated,
provided that the organization neither endorses nor provides financial
support for the action and takes reasonable steps to ensure that the
individual does not improperly represent that the individual is acting on
behalf of the organization.
(iv)
To furnish assistance for family planning to a foreign nongovernmental
organization means to provide financial support under this award to the
family planning program of the organization, and includes the transfer of
funds made available under this award or goods or services financed with
such funds, but does not include the purchase of goods or services from an
organization or the participation of an individual in the general training
programs of the recipient, subrecipient or sub-subrecipient.
(v)
To control an organization means the possession of the power to direct or
cause the direction of the management and policies of an organization.
(11)
In determining whether a foreign nongovernmental organization is eligible
to be a subrecipient or sub-subrecipient of assistance for family planning
under this award, the action of separate nongovernmental organizations
shall not be imputed to the subrecipient or sub-subrecipient, unless, in
the judgment of USAID, a separate nongovernmental organization is being
used as a sham to avoid the restrictions of this paragraph (e). Separate
nongovernmental organizations are those that have distinct legal existence
in accordance with the laws of the countries in which they are organized.
Foreign organizations that are separately organized shall not be considered
separate, however, if one is controlled by the other. The recipient may
request USAID's approval to treat as separate the family planning
activities of two or more organizations, that would not be considered
separate under the preceding sentence, if the recipient believes, and
provides a written justification to USAID therefor, that the family
planning activities of the organizations are sufficiently distinct so as to
warrant not imputing the activity of one to the other.
(12)
Assistance for family planning may be furnished under this award by a
recipient, subrecipient or sub-subrecipient to a foreign government event
though the government includes abortion in its family planning program,
provided that no assistance may be furnished in support of the abortion
activity of the government and any funds transferred to the government
shall be placed in a segregated account to ensure that such funds may not
be used to support the abortion activity of the government.
(13)
The requirements of this paragraph are not applicable to child spacing
assistance furnished to a foreign nongovernmental organization that is
engaged primarily in providing health services if the objective of the
assistance is to finance integrated health care services to mothers and
children and child spacing is one of several health care services being
provided by the organization as part of a larger child survival effort with
the objective of reducing infant and child mortality.
[[Page 17308]]
(f)
The recipient shall insert paragraphs (a), (b), (c), (d), and (f) of this
provision in all subsequent subagreements and contracts involving family
planning or population activities that will be supported in whole or in
part from funds under this award. Paragraph (e) shall be inserted in
subagreements and sub-subagreements in accordance with the terms of
paragraph (e). The term subagreement means subgrants and subcooperative
agreements.''
II. Grants and Cooperative Agreements with Non-U.S.,
Nongovernmental Organizations
Paragraph (e) is replaced by the following paragraphs
(e) and (f), which are to be included in the Standard
Provision for grants and cooperative agreements with
non-United States, nongovernmental organizations:
``(e)
Ineligibility of Foreign Nongovernmental Organizations that Perform or
Actively Promote Abortion as a Method of Family Planning.
(1)
The recipient certifies that it does not now and will not during the term
of this award perform or actively promote abortion as a method of family
planning in USAID-recipient countries or provide financial support to any
other foreign nongovernmental organization that conducts such activities.
For purposes of this paragraph (e), a foreign nongovernmental organization
is a nongovernmental organization that is not organized under the laws of
any State of the United States, the District of Columbia or the
Commonwealth of Puerto Rico.
(2)
The recipient agrees that the authorized representative of USAID may, at
any reasonable time: (i) inspect the documents and materials maintained or
prepared by the recipient in the usual course of its operations that
describe the family planning activities of the recipient, including
reports, brochures and service statistics; (ii) observe the family planning
activity conducted by the recipient, (iii) consult with the family planning
personnel of the recipient; and (iv) obtain a copy of the audited financial
statement or report of the recipient, if there is one.
(3)
In the event USAID has reasonable cause to believe that the recipient may
have violated its undertaking not to perform or actively promote abortion
as a method of family planning, the recipient shall make available to USAID
such books and records and other information as USAID may reasonably
request in order to determine whether a violation of the undertaking has
occurred.
(4)
The recipient shall refund to USAID the entire amount of assistance for
family planning furnished under this award in the event it is determined
that the certification provided by the recipient under subparagraph (1),
above, is false.
(5)
Assistance for family planning to the recipient under this award shall be
terminated if the recipient violates any undertaking required by this
paragraph (e), and the recipient shall refund to USAID the value of any
assistance furnished under this award that is used to perform or actively
promote abortion as a method of family planning.
[[Page 17309]]
(6)
The recipient may not furnish assistance for family planning under this
award to a foreign nongovernmental organization (the subrecipient) unless:
(i) the subrecipient certifies in writing that it does not perform or
actively promote abortion as a method of family planning in USAID-recipient
countries and does not provide financial support to any other foreign
nongovernmental organization that conducts such activities; and (ii) the
recipient obtains the written agreement of the subrecipient containing the
undertakings described in subparagraph (7), below.
(7)
Prior to furnishing assistance for family planning under this award to a
subrecipient, the subrecipient must agree in writing that:
(1)
The subrecipient will not, while receiving assistance under this award,
perform or actively promote abortion as a method of family planning in
USAID-recipient countries or provide financial support to other
nongovernmental organizations that conduct such activities.
(ii)
The recipient and authorized representatives of USAID may, at any
reasonable time: (A) inspect the documents and materials maintained or
prepared by the subrecipient in the usual course of its operations that
describe the family planning activities of the subrecipient, including
reports, brochures and service statistics; (B) observe the family planning
activity conducted by the subrecipient; (C) consult with family planning
personnel of the subrecipient; and (D) obtain a copy of the audited
financial statement or report of the subrecipient, if there is one.
(iii)
In the event the recipient or USAID has reasonable cause to believe that a
subrecipient may have violated its undertaking not to perform or actively
promote abortion as a method of family planning, the recipient shall review
the family planning program of the subrecipient to determine whether a
violation of the undertaking has occurred. The subrecipient shall make
available to the recipient such books and records and other information as
may be reasonably requested in order to conduct the review. USAID may also
review the family planning program of the subrecipient under these
circumstances, and USAID shall have access to such books and records and
information for inspection upon request.
(iv)
The subrecipient shall refund to the recipient the entire amount of
assistance for family planning furnished to the subrecipient under this
award in the event it is determined that the certification provided by the
subrecipient under subparagraph (6), above, is false.
(v)
Assistance for family planning to the subrecipient under this award shall
be terminated if the subrecipient violates any undertaking required by this
paragraph (e), and the subrecipient shall refund to the recipient the value
of any assistance furnished under this award that is used to perform or
actively promote abortion as a method of family planning.
[[Page 17310]]
(vi)
The subrecipient may furnish assistance for family planning under this
award to another foreign nongovernmental organization (the sub-
subrecipient) only if: (A) the sub-subrecipient certifies in writing that
it does not perform or actively promote abortion as a method of family
planning in USAID-recipient countries and does not provide financial
support to any other foreign nongovernmental organization that conducts
such activities; and (B) the subrecipient obtains the written agreement of
the sub-subrecipient that contains the same undertakings and obligations to
the subrecipient as those provided by the subrecipient to the recipient as
described in subparagraphs (7)(i)-(v), above.
(8)
Agreements with subrecipients and sub-subrecipients required under
subparagraphs (6) and (7) shall contain the definitions set forth in
subparagraph (13) of this paragraph (e).
(9)
The recipient shall be liable to USAID for a refund for a violation by a
subrecipient relating to its certification required under subparagraph (6)
or by a subrecipient or a sub-subrecipient relating to its undertakings in
the agreement required under subparagraphs (6) and (7) only if: (i) the
recipient knowingly furnishes assistance for family planning to a
subrecipient that performs or actively promotes abortion as a method of
family planning; or (ii) the certification provided by a subrecipient is
false and the recipient failed to make reasonable efforts to verify the
validity of the certification prior to furnishing assistance to the
subrecipient; or (iii) the recipient knows or has reason to know, by virtue
of the monitoring that the recipient is required to perform under the terms
of this award, that a subrecipient has violated any of the undertakings
required under subparagraph (7) and the recipient fails to terminate
assistance for family planning to the subrecipient, or fails to require the
subrecipient to terminate assistance to a sub-subrecipient that violates
any undertaking of the agreement required under subparagraph 7(vi), above.
If the recipient finds, in exercising its monitoring responsibility under
this award, that a subrecipient or sub-subrecipient receives frequent
requests for the information described in subparagraph (13)(iii)(A)(II),
below, the recipient shall verify that this information is being provided
properly in accordance with subparagraph 13(iii)(A)(II) and shall describe
to USAID the reasons for reaching its conclusion.
(10)
In submitting a request to USAID for approval of a recipient's decision to
furnish assistance for family planning to a subrecipient, the recipient
shall include a description of the efforts made by the recipient to verify
the validity of the certification provided by the subrecipient. USAID may
request the recipient to make additional efforts to verify the validity of
the certification. USAID will inform the recipient in writing when USAID is
satisfied that reasonable efforts have been made. If USAID concludes that
these efforts are reasonable within the meaning of subparagraph (9) above,
the recipient shall not be liable to USAID for a refund in the event the
subrecipient's certification is false unless the recipient knew the
certification to be false or misrepresented to USAID the efforts made by
the recipient to verify the validity of the certification.
(11)
It is understood that USAID may make independent inquiries, in the
community served by a subrecipient or sub-subrecipient, regarding whether
it performs or actively promotes abortion as a method of family planning.
[[Page 17311]]
(12)
A subrecipient must provide the certification required under subparagraph
(6) and a sub-subrecipient must provide the certification required under
subparagraph (7)(vi) each time a new agreement is executed with the
subrecipient or sub-subrecipient in furnishing assistance for family
planning under this award.
(13)
The following definitions apply for purposes of paragraph (e):
(i)
Abortion is a method of family planning when it is for the purpose of
spacing births. This includes, but is not limited to, abortions performed
for the physical or mental health of the mother but does not include
abortions performed if the life of the mother would be endangered if the
fetus were carried to term or abortions performed following rape or incest
(since abortion under these circumstances is not a family planning act).
(ii)
To perform abortions means to operate a facility where abortions are
performed as a method of family planning. Excluded from this definition are
clinics or hospitals that do not include abortion in their family planning
programs. Also excluded from this definition is the treatment of injuries
or illnesses caused by legal or illegal abortions, for example, post-
abortion care.
(iii)
To actively promote abortion means for an organization to commit resources,
financial or other, in a substantial or continuing effort to increase the
availability or use of abortion as a method of family planning.
(A)
This includes, but is not limited to, the following:
(I)
Operating a family planning counseling service that includes, as part of
the regular program, providing advice and information regarding the
benefits and availability of abortion as a method of family planning;
(II)
Providing advice that abortion is an available option in the event other
methods of family planning are not used or are not successful or
encouraging women to consider abortion (passively responding to a question
regarding where a safe, legal abortion may be obtained is not considered
active promotion if the question is specifically asked by a woman who is
already pregnant, the woman clearly states that she has already decided to
have a legal abortion, and the family planning counselor reasonably
believes that the ethics of the medical profession in the country requires
a response regarding where it may be obtained safely);
(III)
Lobbying a foreign government to legalize or make available abortion as a
method of family planning or lobbying such a government to continue the
legality of abortion as a method of family planning; and
(IV)
Conducting a public information campaign in USAID-recipient countries
regarding the benefits and/or availability of abortion as a method of
family planning.
(B)
Excluded from the definition of active promotion of abortion as a method of
family planning are referrals for abortion as a result of rape or incest or
if the life of the mother would be endangered if the fetus were carried to
term. Also excluded from this definition is the treatment of injuries or
illnesses caused by legal or illegal abortions, for example, post-abortion
care.
[[Page 17312]]
(C)
Action by an individual acting in the individual's own capacity shall not
be attributed to an organization with which the individual is associated,
provided that the organization neither endorses nor provides financial
support for the action and takes reasonable steps to ensure that the
individual does not improperly represent the individual is acting on behalf
of the organization.
(iv)
To furnish assistance for family planning to a foreign nongovernmental
organization means to provide financial support under this award to the
family planning program of the organization, and includes the transfer of
funds made available under this award or goods or services financed with
such funds, but does not include the purchase of goods or services from an
organization or the participation of an individual in the general training
programs of the recipient, subrecipient or sub-subrecipient.
(v)
To control an organization means the possession of the power to direct or
cause the direction of the management and policies of an organization.
(14)
In determining whether a foreign nongovernmental organization is eligible
to be a recipient, subrecipient or sub-subrecipient of assistance for
family planning under this award, the action of separate nongovernmental
organizations shall not be imputed to the recipient, subrecipient or sub-
subrecipient, unless, in the judgment of USAID, a separate nongovernmental
organization is being used as a sham to avoid the restrictions of this
paragraph (e). Separate nongovernmental organizations are those that have
distinct legal existence in accordance with the laws of the countries in
which they are organized. Foreign organizations that are separately
organized shall not be considered separate, however, if one is controlled
by the other. The recipient may request USAID's approval to treat as
separate the family planning activities of two or more organizations, which
would not be considered separate under the preceding sentence, if the
recipient believes, and provides a written justification to USAID therefor,
that the family planning activities of the organizations are sufficiently
distinct so as to warrant not imputing the activity of one of the other.
(15)
Assistance for family planning may be furnished under this award by a
recipient, subrecipient or sub-subrecipient to a foreign government even
though the government includes abortion in its family planning program,
provided that no assistance may be furnished in support of the abortion
activity of the government and any funds transferred to the government
shall be placed in a segregated account to ensure that such funds may not
be used to support the abortion activity of the government.
(16)
The requirements of this paragraph are not applicable to child spacing
assistance furnished to a foreign nongovernmental organization that is
engaged primarily in providing health services if the objective of the
assistance is to finance integrated health care services to mothers and
children and child spacing is one of several health care services being
provided by the organization as part of a larger child survival effort with
the objective of reducing infant and child mortality.
[[Page 17313]]
(f)
The recipient shall insert paragraphs (a), (b), (c), (d) and (f) of this
provision in all subsequent subagreements and contracts involving family
planning or population activities that will be supported in whole or in
part from funds under this award. Paragraph (e) shall be inserted in
subagreements and sub-subagreements in accordance with the terms of
paragraph (e). The term subagreements means subgrants and subcooperative
agreements.''
III. Exceptions
The paragraphs set forth in sections (I) and (II) above
may be omitted from the Standard Provision in the
situations described below:
(1)
While the paragraphs are to be used in grants and cooperative agreements
(and assistance subagreements) that provide financing for family planning
activity or activities, if family planning is a component of an activity
involving assistance or other purposes, such as food and nutrition, health
for education, paragraph (e), ``Ineligibility of Foreign Nongovernmental
Organizations that Perform or Actively Promote Abortion as a Method of
Family Planning,'' applies only to the family planning component.
(2)
When health or child survival funds are used to provide assistance for
child spacing as well as health purposes, these paragraphs are applicable
to such assistance unless: (a) the foreign nongovernmental organization is
one that primarily provides health services; (b) the objective of the
assistance is to finance integrated health care services to mothers and
children; and (c) child spacing is one of several health care services
being provided as part of a larger child survival effort with the objective
of reducing infant and child mortality. These paragraphs need not be
included in the assistance agreement if it indicates that assistance for
child spacing will be provided only in this way. USAID support under these
circumstances is considered a contribution to a health service delivery
program and not to a family planning program. In such a case, these
paragraphs need not be included in an assistance agreement.
(3)
These paragraphs need not be included in assistance agreements with United
States nongovernmental organizations for family planning purposes if
implementation of the activity does not involve assistance to foreign
nongovernmental organizations.
You are authorized and directed to publish this
memorandum in the Federal Register.
(Presidential Sig.)B
THE WHITE HOUSE,
Washington, March 28, 2001.
[FR Doc. 01-8011
Filed 3-28-01; 11:42 am]
Billing code 6116-01-M