Involuntary Sterilization in United States
Involuntary Sterilization (1978) and Family Planning-Related Provisions
This section provides a general background of involuntary sterilization (1978) 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 1978, Congress passed an amendment to the Foreign Assistance Act of 1961 specifying that U.S. foreign assistance may not fund (1) the performance of involuntary sterilizations, or (2) the coercion of involuntary sterilizations (or provide financial incentives to undergo sterilization):
None of the funds made available to carry out this part may be used to pay for the performance of involuntary sterilizations as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations [12].
The provision is also repeated in annual foreign operations appropriations. Most recently, it was included in Section 7018 of the FY2016 State-Foreign Operations Appropriations Act [13]. In both the Foreign Assistance Act of 1961 and State-Foreign Operations appropriations acts, it applies to all foreign assistance activities authorized by part I of the Foreign Assistance Act of 1961 (development assistance).
Note: Based on the Abortion and Family Planning-Related Provisions in U.S. Foreign Assistance Law and Policy Report.
Additional Provision on Involuntary Sterilization and Abortion (1985) and Family Planning-Related Provisions
This section provides a general background of additional provision on involuntary sterilization and abortion (1985) 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 1985, Congress included a provision in the FY1986 Foreign Assistance and Related Programs Appropriations Act requiring that no funds made available under part I of the Foreign Assistance Act of 1961 may be obligated for any given country or organization if the President certifies that the use of such funds violates the aforementioned Helms, Biden, or involuntary sterilization amendments [27]. The amendment states:
None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions or involuntary sterilizations [the Helms, Biden, and involuntary sterilization amendments] [28].
The provision has been included in annual foreign operations appropriations. Most recently, it is incorporated into Section 7018 of the FY2016 State-Foreign Operations Appropriations Act [29]. It applies to all foreign assistance activities in the act that are authorized under part I of the Foreign Assistance Act of 1961 (development assistance).
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
27 Section 541 of Section 101 (i) of H.J.Res. 465, P.L. 99-190 (99 Stat. 1291), approved December 19, 1985.
28 FY2016 State-Foreign Operations Appropriation Act (129 Stat. 2744).
29 Ibid.
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Notes and References
12 Section 104 (f) (2) of the Foreign Assistance Act of 1961 (P.L. 87-195; 22 U.S.C. 2151b (f) (2)), as amended by Section 104 of the International Development and Food Assistance Act of 1978 (P.L. 95-424; 92 Stat. 946), approved October 6, 1978. “This part” refers to part I of the Foreign Assistance Act of 1961.
13 129 Stat. 2744. The provision is also included under Title III, Bilateral Economic Assistance (129 Stat. 2717).