Family Planning in the United States
Introduction to Family Planning (State statute topic)
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Abortion and Family Planning-Related Provisions in U.S. Foreign Assistance Law and Policy
One of the most controversial issues in U.S. foreign assistance concerns restrictions on U.S. funding for abortion and family planning activities abroad. For many, the debate focuses on three key questions:
- Do countries or organizations that receive U.S. assistance perform abortions or engage in coercive abortion or involuntary sterilization activities with U.S. funds?
- Should U.S. funding be permitted or withheld from countries or organizations that participate in these activities?
- What impact, if any, might the withholding of U.S. funds have on population growth, family planning, and reproductive health services in developing countries?
Members of Congress have engaged in heated debates regarding these issues in connection with a broader domestic controversy regarding U.S. abortion policy. These debates have continued since the Supreme Court's 1973 landmark ruling in Roe v. Wade, which holds that the Constitution protects a woman's decision whether to terminate her pregnancy [1]. In every Congress since Roe, Members who oppose abortion have introduced legislation that would prohibit the practice in the United States. Many congressional opponents have also sought to attach provisions to annual appropriations measures banning the use of federal funds to perform abortions.
More Details about Abortion and Family Planning-Related Provisions in U.S. Foreign Assistance Law and Policy
Before the Roe decision, the majority of discussions in Congress regarding the federal funding of abortion focused on domestic authorization and appropriations legislation, particularly labor and health and human services appropriations. After Roe, however, the controversy spread to U.S. foreign assistance, leading to the enactment of abortion and voluntary family planning restrictions in foreign assistance authorizations and appropriations.
Debate over international abortion restrictions has also reached the executive branch. In 1984, President Reagan issued what has become known as the “Mexico City policy,” which required foreign non-governmental organizations (NGOs) receiving U.S. Agency for International Development (USAID) family planning assistance to certify that they would not perform or actively promote abortion as a method of family planning, even if such activities were undertaken with non-U.S. funds [2]. In the intervening years, the Mexico City policy has been rescinded and reissued by various Administrations. Most recently, it was rescinded by President Barack Obama in January 2009.
Some Aspects
During the 113th and 114th Congresses, Members have continued to debate prohibitions and restrictions on abortion and family planning activities abroad. As in prior appropriations cycles, some Members sought to renew, add, modify, or remove language addressing these issues in State-Foreign Operations legislation. Some also introduced legislation aiming to make the Mexico City policy, or its reversal, permanent law. Federal funding for abortion and family planning activities remains a controversial issue in foreign assistance, and congressional interest in the subject is expected during the 114th Congress.
this information examines key legislative and executive branch policies that restrict or place requirements on U.S. funding of abortion or voluntary family planning activities abroad. It discusses when and how the policies were introduced and the types of foreign aid to which they apply. Further information on U.S. family planning assistance, including U.S. funding levels and USAID activities, is included in CRS Report RL33250, U.S. International Family Planning Programs: Issues for Congress, by Luisa Blanchfield [3].
Note: Based on the Abortion and Family Planning-Related Provisions in U.S. Foreign Assistance Law and Policy Report.
Kemp-Kasten Amendment (1985) and Family Planning-Related Provisions
This section provides a general background of kemp-kasten amendment (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.The provision was adopted due to the concerns of President Reagan and some Members of Congress that the U.N. Population Fund's (UNFPA's) program in China engaged in or provided funding for abortion or coercive family planning programs [32]. It has been included in annual foreign operations appropriations legislation measures since FY1985. Most recently, it is included in the FY2016 State-Foreign Operations Appropriations Act [33]. Although it applies to any organization or program that supports or participates in coercive abortion or involuntary sterilization, a determination has only been made regarding U.N. Population Fund.
In 15 of the past 29 years, the United States has not contributed to U.N. Population Fund as a result of executive branch determinations that U.N. Population Fund's program in China violated the Kemp-Kasten amendment. For seven years, the George W. Bush Administration transferred funds appropriated for U.N. Population Fund to other foreign aid activities. The Obama Administration, however, has supported U.S. funding for the organization. In March 2009, a State Department spokesperson confirmed that the U.S. government would contribute million to U.N. Population Fund as provided by the FY2009 U.S. Department of State, Foreign Operations, and Related Programs Appropriations Act [34]. This decision, according to Administration officials, highlighted the President's “strong commitment” to international family planning, women's health, and global development [35]. In FY2016, the United States is expected to contribute .5 million to U.N. Population Fund.
More Details about Kemp-Kasten Amendment (1985)
In recent years, in response to concerns regarding U.N. Population Fund's program in China and in addition to Kemp-Kasten restrictions, Congress has enacted certain conditions for U.S. funding of U.N. Population Fund. Most recently, Section 7082 of the FY2016 State-Foreign Operations Appropriations Act requires that
- funds not made available for U.N. Population Fund because of any provision of law shall be transferred to the Global Health Programs account and made available for family planning, maternal, and reproductive health activities;
- none of the funds made available to U.N. Population Fund may be used by U.N. Population Fund for a country program in China;
- U.S. contributions to U.N. Population Fund be kept in an account segregated from other U.N. Population Fund accounts and not be commingled with other sums; and
- for U.N. Population Fund to receive U.S. funding, it cannot fund abortions.
The act also required the Secretary of State to submit a report to the committees on appropriations on dollar-for-dollar withholding of funds. Specifically, not later than four months after the enactment of P.L. 113-235, the Secretary is required to submit a report to the committees on appropriations indicating the funds U.N. Population Fund is budgeting for a country program in China. If the Secretary's report states that funds will be spent on such a program, then the amount of such funds shall be deducted from the funds made available to U.N. Population Fund for the remainder of the fiscal year in which the report is submitted [36].
Note: Based on the Abortion and Family Planning-Related Provisions in U.S. Foreign Assistance Law and Policy Report.
Executive Branch Policies and Restrictions and Fa
mily Planning-Related Provisions
This subject covers the following topics in this American legal encyclopedia:Siljander Amendment (1981)
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Notes and References
32 U.N. Population Fund, established in 1969, is the world's largest source of population and reproductive health programs and the principal unit within the United Nations for global population issues. For more information, see archived CRS Report RL32703, The U.N. Population Fund: Background and the U.S. Funding Debate, by Luisa Blanchfield.
33 129 Stat. 2717.
34 Division H of the Omnibus Appropriations Act, 2009 (P.L. 111-8; 123 Stat. 909), approved March 11, 2009.
35 U.S. Department of State press release, “U.S. Government Support for the United Nations Population Fund (UNFPA),” March 24, 2009.
36 129 Stat. 2823.
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Notes and References
1 410 U.S. 113 (1973).
2 The Mexico City policy, which was named after the city where it was introduced, was first announced by President Ronald Reagan at the International Conference on Population held in Mexico in 1984. For more information, see the “Executive Branch Policies and Restrictions” section.
3 For more information on U.S. policy regarding abortion and family planning domestically and in military medical facilities, see CRS Report 95-724, Abortion Law Development: A Brief Overview, by Jon O. Shimabukuro; CRS Report RL33467, Abortion: Judicial History and Legislative Response, by Jon O. Shimabukuro; and CRS Report 95-387, Abortion Services and Military Medical Facilities, by David F. Burrelli
See Also
Resources
Further Reading
- Information about Family Planning in the Gale Encyclopedia of American Law.