[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
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                         Presidential Documents 
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  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                policy was in effect until it was rescinded on January 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