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Presidential Documents
Federal Register Vol. 86, No. 119
Thursday, June 24, 2021

Title 3

Memorandum of January 28, 2021

The President
Protecting Womens Health at Home and Abroad Memorandum for the Secretary of State, the Secretary of Defense, the Secretary of Health and Human Services, and the Administrator of the United States Agency for International Development Section 1. Policy. Women should have access to the healthcare they need.
For too many women today, both at home and abroad, that is not possible.
Undue restrictions on the use of Federal funds have made it harder for women to obtain necessary healthcare. The Federal Government must take action to ensure that women at home and around the world are able to access complete medical information, including with respect to their reproductive health.

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In the United States, Title X of the Public Health Services Act 42 U.S.C.
300 to 300a6 provides Federal funding for family planning services that primarily benefit low-income patients. The Act specifies that Title X funds may not be used in programs where abortion is a method of family planning, but places no further abortion-related restrictions on recipients of Title X
funds. See 42 U.S.C. 300a6. In 2019, the Secretary of Health and Human Services finalized changes to regulations governing the Title X program and issued a final rule entitled Compliance With Statutory Program Integrity Requirements, 84 FR 7714 Mar. 4, 2019 Title X Rule, which prohibits recipients of Title X funds from referring patients to abortion providers and imposes other onerous requirements on abortion providers. The Title X Rule has caused the termination of Federal family planning funding for many womens healthcare providers and puts womens health at risk by making it harder for women to receive complete medical information.
It is the policy of my Administration to support womens and girls sexual and reproductive health and rights in the United States, as well as globally.
The Foreign Assistance Act of 1961 22 U.S.C. 2151bf1, prohibits nongovernmental organizations NGOs that receive Federal funds from using those funds to pay for the performance of abortions as a method of family planning, or to motivate or coerce any person to practice abortions. The August 1984 announcement by President Reagan of what has become known as the Mexico City Policy directed the United States Agency for International Development USAID to expand this limitation and withhold USAID
family planning funds from NGOs that use non-USAID funds to perform abortions, provide advice, counseling, or information regarding abortion, or lobby a foreign government to legalize abortion or make abortion services more easily available. These restrictions were rescinded by President Clinton in 1993, reinstated by President George W. Bush in 2001, and rescinded by President Obama in 2009. President Trump substantially expanded these restrictions by applying the policy to global health assistance provided by all executive departments and agencies agencies. These excessive conditions on foreign and development assistance undermine the United States efforts to advance gender equality globally by restricting our ability to support womens health and programs that prevent and respond to gender-based violence. The expansion of the policy has also affected all other areas of global health assistance, limiting the United States ability to work with local partners around the world and inhibiting their efforts to confront serious health challenges such as HIV/AIDS, tuberculosis, and malaria, among others. Such restrictions on global health assistance are particularly harmful
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