Helms Amendment in United States
Helms Amendment (1973) and Family Planning-Related Provisions
This section provides a general background of helms amendment (1973) 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.The Helms amendment prohibits the use of U.S. foreign assistance funds to perform abortions or to motivate or coerce individuals to practice abortions. Introduced by Senator Jesse Helms in 1973, it was adopted as an amendment to the Foreign Assistance Act of 1961 because of concerns that federal funds could be used to perform abortions overseas. Under the Foreign Assistance Act of 1961 heading “Prohibition on Use of Funds for Abortions and Involuntary Sterilizations,” the Helms amendment states:
(1) None of the funds made available to carry this part may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions [7].
The amendment as written in the Foreign Assistance Act of 1961 applies to all foreign assistance activities authorized by part I of that act (development assistance).
More Details about Helms Amendment (1973)
Since FY1980, the Helms amendment has also periodically been enacted in foreign operations appropriations measures [8]. It is included in two places in the U.S. Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 (hereinafter referred to as the “FY2016 State-Foreign Operations Appropriations Act”) [9]. In Section 7018 of Title VII, General Provisions, the language applies to all foreign assistance activities in the act that are authorized under part I of the Foreign Assistance Act of 1961 (development assistance) [10]. In Title III, Bilateral Economic Assistance, the language applies to foreign assistance activities in the entire act [11].
Note: Based on the Abortion and Family Planning-Related Provisions in U.S. Foreign Assistance Law and Policy Report.
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Notes and References
7 Section 104 (f) (1) of the Foreign Assistance Act of 1961 (P.L. 87-195; 22 U.S.C. 2151b (f) (1)), as amended by the Foreign Assistance Act of 1973 (P.L. 93-189), approved December 17, 1973. “This part” refers to part I of the Foreign Assistance Act of 1961. For clarification of the term “motivate” in the Helms amendment, see the “Leahy Amendment (1994)” section.
8 For instance, it was not included in foreign operations appropriations bills from FY1981 through FY1985. It was included in FY1986 through FY2016 appropriations.
9 Division K of the Consolidated Appropriations Act, 2016 (P.L. 113-114), approved December 18, 2015.
10 129 Stat. 2744.
11 129 Stat. 2717.