Presidential Documents

4903 

Federal Register 

Vol. 74, No. 17 

Wednesday, January 28, 2009 

Title 3— 

The President 

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it was rescinded by President Clinton.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. 


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4904 Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Presidential Documents 

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

THE WHITE HOUSE, 

Washington, January 23, 2009 

[FR Doc. E9–1923 

Filed 1–27–09; 8:45 am] 

Billing code 4710–10–P 


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