[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Presidential Documents]
[Pages 4903-4904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1923]




                        Presidential Documents 



Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / 
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                1985 until 1993, when it was rescinded by President 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.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (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