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Mexico City Policy

At an international population conference in Mexico City in 1984, the Reagan Administration announced that the United States would no longer contribute to nongovernmental organizations (NGOs) “which perform or actively promote abortion as a method of family planning in other nations.” This policy became known as the Mexico City Policy. The policy was upheld in court as constitutional. It remained in place until overturned by President Clinton on January 22, 1993. Congress engaged in extensive debates thereafter as pro-life Members sought to restore the policy through legislation. For one year only – Fiscal Year 2000 – a compromise version became law.

On January 22, 2001, President George W. Bush issued an executive memorandum directing the U.S. Agency for International Development (USAID) to reinstate the Mexico City Policy in full. A February 15, 2001 USAID implementation rule was subject to a challenge under the Congressional Review Act (CRA). Since executive memoranda are not subject to challenge under the CRA, the president on March 28, 2001 issued a second executive memorandum that included the content of the February USAID rule.

According to the USAID rule, abortion as a method of family planning excludes abortions to save the mother’s life or in cases of rape or incest. It also excludes the treatment of injuries or illnesses caused by legal or illegal abortions. Promoting abortion includes abortion counseling, lobbying a foreign government to change its laws, and conducting public information campaigns.

On August 29, 2003, President Bush extended the Mexico City Policy to all population planning funds, whether furnished by USAID or by other components of the State Department.

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