Restoration of the Mexico City Policy

This memorandum reinstates the Mexico City Policy, requiring foreign non-governmental organizations receiving U.S. family planning assistance to certify they do not perform or actively promote abortion as a method of family planning. The policy applies to new USAID grants and cooperative agreements, as well as amendments adding new funding to existing agreements, with detailed certification, monitoring, and refund requirements for both U.S. and foreign NGOs.

Federal Register Open PDF 66 FR 17303

Impact dates

Sep 30, 2001
FY 2000 population certification requirements remain in effect

Key directives

Include specified paragraphs in Standard Provision for all new USAID grants and cooperative agreements providing family planning assistance
Include paragraphs when existing grants/cooperative agreements are amended to add new funding
U.S. NGOs must obtain written certifications from foreign subrecipients and sub-subrecipients
Foreign NGOs must certify they do not perform or actively promote abortion as family planning method
Recipients must allow USAID inspection of documents, observation of activities, and consultation with personnel
Subrecipients must agree to refund all family planning assistance if certification is false
Assistance must be terminated and refunds required for violations of abortion promotion prohibitions
Segregated account requirement for funds to foreign governments that include abortion in family planning programs

Who is ordered

Administrator of the United States Agency for International Development · USAID

Timeline

Immediate

Policy effective for all new USAID grants and cooperative agreements for family planning
Existing FY 2000 certification requirements remain in effect until September 30, 2001

Near term (90d)

Implementation of Standard Provision language in new agreements
USAID to develop verification and monitoring procedures

Long term

Ongoing compliance monitoring and enforcement across USAID family programming portfolio
Potential shifts in NGO partner landscape based on abortion policy compliance

Risks & tensions

Reverses Clinton administration policy rescinded January 22, 1993—clear partisan/policy cycle tension
Complex multi-tier certification and monitoring requirements create administrative burden
Definition of 'actively promote abortion' is detailed but may still create compliance uncertainty for NGOs
Segregated account requirement for foreign governments may be difficult to enforce in practice
Exemption for integrated health/child survival programs creates implementation boundary issues