Tiahrt Amendment in United States
Tiahrt Amendment (1998) and Family Planning-Related Provisions
This section provides a general background of tiahrt amendment (1998) in the framework of the abortion and family planning-related provisions in U.S. foreign assistance and, in special, in relation to Restrictions or Requirements in Legislation.In October 1998, Congress enacted an amendment introduced by Representative Todd Tiahrt as part of the FY1999 Foreign Operations, Export Financing, and Related Programs Appropriations Act that directs voluntary family planning projects supported by the United States to comply with five specific requirements [41]. The provision, which became known as the Tiahrt amendment, has been included in foreign operations appropriations in each subsequent fiscal year. It states that “funds shall be made available” only to voluntary family planning projects that meet the following requirements:
(1) service providers or referral agents in the project shall not implement or be subject to quotas, or other numerical targets, of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning (this provision shall not be construed to include the use of quantitative estimates or indicators for budgeting and planning purposes); (2) the project shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family planning acceptor; or (B) program personnel for achieving a numerical target or quota of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning; (3) the project shall not deny any right or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a consequence of any individual’s decision not to accept family planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method; and (5) the project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in which participants are advised of potential risks and benefits; and, not less than 60 days after the date on which the Administrator of the United States Agency for International Development determines that there has been a violation of the requirements contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator shall submit to the Committees on Appropriations a report containing a description of such violation and the corrective action taken by the Agency [42].
More Details about Tiahrt Amendment (1998)
Representative Tiahrt introduced the amendment amid media and NGO reports that some governments were offering financial incentives to meet sterilization quotas. At that time, many poor women living in rural Peru were reportedly forcibly sterilized and provided with little or no information about alternative contraception methods. In some cases, complications from unsanitary sterilizations led to sickness or death [43]. The intent of the amendment was to ensure that U.S. foreign assistance did not support such practices [44].
In April 1999, USAID issued guidance on implementing the Tiahrt requirements for voluntary family planning projects. It also provided technical guidance on the “Comprehensible Information” paragraph of the amendment [45]. Since the Tiahrt amendment was enacted, USAID reports there have been violations in Peru, Guatemala, and the Philippines. In 2007, the USAID Inspector General conducted an audit of USAID’s compliance with the amendment. Several USAID operating units were audited, including the Global Health Bureau, USAID/Bolivia, USAID/Ethiopia, and USAID/Mali. The audit report, published in February 2008, found no further violations of the amendment [46].
Some Aspects
Most recently, the Tiahrt amendment was included in the FY2016 State-Foreign Operations Appropriations Act. It is applied to family planning assistance funded through all accounts under that act.
Note: Based on the Abortion and Family Planning-Related Provisions in U.S. Foreign Assistance Law and Policy Report.
Resources
Notes and References
41 Section 101 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (P.L. 105-277, 112 Stat. 2681-154), approved on October 21, 1998.
42 FY2016 State-Foreign Operations Appropriations Act (129 Stat. 2717-2718). The quotation is formatted for clarity; it appears differently in the act.
43 Calvin Sims, “Using Gifts as Bait, Peru Sterilizes Poor Women,” New York Times, February 15, 1998.
44 For further information on the intent of the Tiahrt amendment and the debate surrounding its adoption, see “Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999,” House debate, Congressional Record, Vol. 144, No. 124, September 17, 1998, pp. H7946-H8013.
45 See (1) Guidance for Implementing the Tiahrt Requirements for Voluntary Family Planning Projects, USAID, April 1999, at http://www.usaid.gov/our_work/global_health/pop/tiahrtqa.pdf; and (2) Technical Guidance on the “Comprehensible Information” Paragraph of the Tiahrt Clause, USAID, April 1999, at http://www.usaid.gov/our_work/global_health/pop/tiajim3b.pdf.
46 Office of the Inspector General: Audit of USAID’s Effectiveness in Complying with Tiahrt Voluntary Family Planning Requirements, Audit Report No. 9-000-08-005-P, February 8, 2008, at http://www.usaid.gov/oig/public/fy08rpts/9-000-08-005-p.pdf.