Leahy Amendment in United States

Leahy Amendment (1994) and Family Planning-Related Provisions

This section provides a general background of leahy amendment (1994) 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 Leahy amendment, introduced by Senator Patrick Leahy in 1994 as an amendment to the FY1995 Foreign Operations, Export Financing, and Related Programs Appropriations Act, seeks to clarify language in the Helms amendment, which states, “None of the funds made available … 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” (emphasis added) [39]. The Leahy provision aims to address some policymakers’ concerns that providing information or counseling about all legal pregnancy options could potentially be viewed as violating the Helms amendment. The most recent version states:

[F]or purposes of this or any other Act authorizing or appropriating funds for the U.S. Department of State, foreign operations, and related programs, the term ”motivate,” as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about all pregnancy options [40].

The amendment has been included in foreign operations appropriations in various forms since it first appeared in enacted legislation. It is currently included in the FY2016 State-Foreign Operations Appropriations Act, and applies to all enacted authorization and appropriations legislation related to the U.S. Department of State, foreign operations, and related programs.

Note: Based on the Abortion and Family Planning-Related Provisions in U.S. Foreign Assistance Law and Policy Report.

Resources

Notes and References

39 P.L. 103-306 (108 Stat. 1612), approved on August 23, 1994.

40 FY2016 State-Foreign Operations Appropriations Act (129 Stat. 2718).

See Also