February 15, 2001
MEMORANDUM
FOR ALL CONTRACTING OFFICERS AND NEGOTIATORS
TO: Distribution
List FAC
FROM: M/OP/OD, Francis A. Donovan, Acting
Director
SUBJECT: Voluntary Population Activities –
Restoration
of the Mexico City Policy
CONTRACT
INFORMATION BULLETIN 01 - 03
On January
22, 2001, President Bush issued a Memorandum directing the USAID Administrator
to reinstate the requirements of the Mexico City Policy in effect on
January 19,
1993.
To reinstate
the policy, this CIB provides additional paragraphs to be included in the
standard provision entitled “Voluntary Population Activities (March 1999)” that
was issued in CIB-99-06. The paragraphs
are to be included in the standard provision for use in all new grants and
cooperative agreements that provide assistance for family planning activities,
except in certain circumstances discussed below. In addition, these paragraphs are to be included in the standard
provision when any existing grant or cooperative agreement for family planning
activities is amended to add new funding.
Please note that the FY 2000 population certification requirements
issued in CIB 00-04 remain in effect until September 30, 2001.
Attachment 1
to this CIB contains the paragraphs to be included in the standard provision
for use in assistance agreements with U.S. nongovernmental organizations; and
Attachment 2 contains the paragraphs to be included in the standard provision
for use in assistance agreements with non-U.S., nongovernmental organizations.
These paragraphs
may be omitted from the standard provision in the situations described below:
a.
While the
paragraphs are to be used in grants and
cooperative
agreements (and assistance subagreements) which provide financing for family
planning activity or activities, if family planning is a component of an
activity involving assistance for other purposes, such as food and nutrition,
health or education, paragraph (e), “Ineligibility of Foreign Nongovernmental
Organizations that Perform or Actively Promote Abortion as a Method of Family
Planning,” applies only to the family planning component.
b.
When health
or child survival funds are used to
provide
assistance for child spacing as well as health purposes, these paragraphs are
applicable to such assistance unless 1) the foreign nongovernmental
organization is one which primarily provides health services, 2) the objective
of the assistance is to finance integrated health care services to mothers and
children, and 3) child spacing is one of several health care services being
provided as part of a larger child survival effort with the objective of
reducing infant and child mortality.
These paragraphs need not be included in the assistance agreement if it
indicates that assistance for child spacing will be provided only in this
way. USAID support under these
circumstances is considered a contribution to a health service delivery program
and not to a “family planning program.”
In such a case, these paragraphs need not be included in an assistance
agreement.
c.
These
paragraphs need not be included in assistance
agreements
with U.S. nongovernmental organizations for family planning purposes if
implementation of the activity does not involve assistance to foreign
nongovernmental organizations.
Attachments: a/s
Attachment 1
Grants and Cooperative Agreements
with
U.S. Nongovernmental Organizations
The following
paragraphs (e) and (f) replace paragraph (e) of the Standard Provision entitled
“Voluntary Population Activities (March 1999).”
(e)
Ineligibility
of Foreign Nongovernmental Organizations
that
Perform or Actively Promote Abortion As a Method of Family Planning
(1)
The recipient
agrees that it will not furnish
assistance
for family planning under this award to any foreign nongovernmental
organization which performs or actively promotes abortion as a method of family
planning in USAID-recipient countries or which provides financial support to
any other foreign nongovernmental organization that conducts such
activities. For purposes of this
paragraph (e), a foreign nongovernmental organization is a nongovernmental
organization that is not organized under the laws of any State of the United
States, the District of Columbia or the Commonwealth of Puerto Rico.
(2)
Prior to
furnishing funds provided under this
award
to another nongovernmental organization organized under the laws of any State
of the United States, the District of Columbia, or the Commonwealth of Puerto
Rico, the recipient shall obtain the written agreement of such organization
that the organization shall not furnish assistance for family planning under
this award to any foreign nongovernmental organization except under the
conditions and requirements that are applicable to the recipient as set forth
in this paragraph (e).
(3)
The recipient
may not furnish assistance for
family
planning under this award to a foreign nongovernmental organization (the
subrecipient) unless:
(i)
the
subrecipient certifies in writing that
it
does not perform or actively promote abortion as a method of family planning in
USAID-recipient countries and does not provide financial support to any other
foreign nongovernmental organization that conducts such activities; and
(ii)
the recipient obtains the written
agreement
of the subrecipient containing the undertakings described in subparagraph (4)
below.
(4)
Prior to
furnishing assistance for family
planning
under this award to a subrecipient, the subrecipient must agree in writing
that:
(i)
The
subrecipient will not, while receiving
assistance
under this award, perform or actively promote abortion as a method of family
planning in USAID-recipient countries or provide financial support to other
foreign nongovernmental organizations that conduct such activities.
(ii) The recipient and authorized
representatives
of USAID may, at any reasonable time,
(A)
inspect
the documents and materials maintained or prepared by the subrecipient in the
usual course of its operations that describe the family planning activities of
the subrecipient, including reports, brochures and service statistics; (B)
observe the family planning activity conducted by the subrecipient; (C) consult
with family planning personnel of the subrecipient; and (D) obtain a copy of
the audited financial statement or report of the subrecipient, if there is one.
(iii) In the event that the recipient
or USAID
has reasonable cause to believe that a
subrecipient may have violated its
undertaking not to perform or actively
promote abortion as a method of family
planning, the recipient shall review the
family planning program of the subrecipient
to determine whether a violation of the
undertaking has occurred.
The subrecipient
shall make available to the recipient such
books and records and other information as
may be reasonably requested in order to
conduct the review. USAID
may also review
the family planning program of the
subrecipient under these circumstances, and
USAID shall have access to such books and
records and information for inspection upon
request.
(iv)
The subrecipient shall refund to the
recipient the entire amount of assistance
for family planning furnished to the
subrecipient under this award in the
event
it is determined that the certification
provided by the subrecipient under
subparagraph (3), above, is false.
(v)
Assistance
for family planning provided to
the subrecipient under this award shall
be
terminated if the subrecipient violates
any
undertaking in the agreement required
by
subparagraphs (3) and (4), and the
subrecipient shall refund to the
recipient
the value of any assistance furnished
under
this award that is used to perform or
actively promote abortion as a method
of
family planning.
(vi) The subrecipient may furnish
assistance for
family planning under this award to
another
foreign nongovernmental organization
(the
sub-subrecipient)
only if (A) the sub-subrecipient certifies in writing that it does not perform
or actively promote abortion as a method of family planning in USAID-recipient
countries and does not provide financial support to any other foreign
nongovernmental organization that conducts such activities and (B) the
subrecipient obtains the written agreement of the sub-subrecipient that
contains the same undertakings and obligations to the subrecipient as those
provided by the subrecipient to the recipient as described in subparagraphs (4)(i)
– (v) above.
(5)
Agreements
with subrecipients and sub-
subrecipients required under
subparagraphs (3)
and (4) shall contain the definitions
set forth
in subparagraph (10) of this paragraph
(e).
(6)
The recipient
shall be liable to USAID for a
refund
for a violation of any requirement of this paragraph (e) only if (i) the
recipient knowingly furnishes assistance for family planning to a subrecipient
who performs or actively promotes abortion as a method of family planning, or
(ii) the certification provided by a subrecipient is false and the recipient
failed to make reasonable efforts to verify the validity of the certification
prior to furnishing assistance to the subrecipient, or (iii) the recipient
knows or has reason to know, by virtue of the monitoring which the recipient is
required to perform under the terms of this award, that a subrecipient has
violated any of the undertakings required under subparagraph (4) and the
recipient fails to terminate assistance for family planning to the
subrecipient, or fails to require the subrecipient to terminate assistance to a
sub-subrecipient which violates any undertaking of the agreement required under
subparagraph 4(vi), above. If the
recipient finds, in exercising its monitoring responsibility under this award,
that a subrecipient or sub-subrecipient receives frequent requests for the
information described in subparagraph (10)(iii)(A)(II), below, the recipient
shall verify that this information is being provided properly in accordance
with subparagraph 10(iii)(A)(II) and shall describe to USAID the reasons for
reaching its conclusion.
(7)
In submitting
a request to USAID for approval of
a
recipient’s decision to furnish assistance for family planning to a
subrecipient, the recipient shall include a description of the efforts made by
the recipient to verify the validity of the certification provided by the
subrecipient. USAID may request the
recipient to make additional efforts to verify the validity of the
certification. USAID will inform the
recipient in writing when USAID is satisfied that reasonable efforts have been
made. If USAID concludes that these
efforts are reasonable within the meaning of subparagraph (6) above, the
recipient shall not be liable to USAID for a refund in the event the
subrecipient’s certification is false unless the recipient knew the
certification to be false or misrepresented to USAID the efforts made by the
recipient to verify the validity of the certification.
(8)
It is
understood that USAID may make independent
inquiries,
in the community served by a subrecipient or sub-subrecipient, regarding
whether it performs or actively promotes abortion as a method of family
planning.
(9)
A
subrecipient must provide the certification
required
under subparagraph (3) and a sub-subrecipient must provide the certification
required under subparagraph (4)(vi) each time a new agreement is executed with
the subrecipient or sub-subrecipient in furnishing assistance for family
planning under the award.
(10)
The following
definitions apply for purposes of
this
paragraph (e):
(i)
Abortion is a
method of family planning when
it
is for the purpose of spacing births.
This includes, but is not limited to, abortions performed for the
physical or mental health of the mother but does not include abortions
performed if the life of the mother would be endangered if the fetus were
carried to term or abortions performed following rape or incest (since abortion
under these circumstances is not a family planning act).
(ii)
To perform abortions means to operate
a
facility where abortions are performed as a method of family planning. Excluded from this definition are clinics or
hospitals that do not include abortion in their family planning programs. Also excluded from this definition is the
treatment of injuries or illnesses caused by legal or illegal abortions, for
example, post-abortion care.
(iii)To actively promote abortion means
for an
organization
to commit resources, financial or other, in a substantial or continuing effort
to increase the availability or use of abortion as a method of family planning.
(A)
This
includes, but is not limited to,
the following;
(I)
Operating a
family planning
counseling
service that includes, as part of the regular program, providing advice and
information regarding the benefits and availability of abortion as a method of
family planning;
(II)Providing
advice that
abortion is an available option
in the event other methods of
family planning are not used or are
not successful or encouraging women
to consider abortion (passively
responding to a question regarding
where a safe, legal abortion may be
obtained is not considered active
promotion if the question is
specifically asked by a woman who
is already pregnant, the woman
clearly states that she has already
decided to have a legal abortion,
and the family planning counselor
reasonably believes that the ethics
of the medical profession in the
country requires a response
regarding where it may be obtained
safely);
(III)Lobbying a foreign government to
legalize or make available abortion
as a method of family planning or
lobbying such a government to
continue the legality of abortion
as a method of family planning; and
(IV) Conducting a public information
campaign in USAID-recipient
countries regarding the benefits
and/or availability of abortion as
a method of family planning.
(B)
Excluded from
the definition of active
promotion
of abortion as a method of family planning are referrals for abortion as a
result of rape, incest or if the life of the mother would be endangered if the
fetus were carried to term. Also
excluded from this definition is the treatment of injuries or illnesses caused
by legal or illegal abortions, for example, post-abortion care.
(C)
Action by an
individual acting in the
individual’s
capacity shall not be attributed to an organization with which the individual
is associated, provided that the organization neither endorses nor provides
financial support for the action and takes reasonable steps to ensure that the
individual does not improperly represent that the individual is acting on
behalf of the organization.
(iv) To furnish assistance for family planning
to a foreign nongovernmental organization
means to provide financial support under
this award to the family planning
program
of the organization, and includes the
transfer of funds made available under
this
award or goods or services financed with
such funds, but does not include the
purchase of goods or services from an
organization or the participation of an
individual in the general training
programs
of the recipient, subrecipient or sub-
subrecipient.
(v)
To control an
organization means
the possession of the power to direct or
cause the direction of the management
and policies of an organization.
(11) In determining whether a foreign
nongovernmental
organization is eligible to be a subrecipient or sub-subrecipient of assistance
for family planning under this award, the action of separate nongovernmental
organizations shall not be imputed to the subrecipient or sub-subrecipient,
unless, in the judgment of USAID, a separate nongovernmental organization is
being used as a sham to avoid the restrictions of this paragraph (e). Separate nongovernmental organizations are
those that have distinct legal existence in accordance with the laws of the
countries in which they are organized.
Foreign organizations that are separately organized shall not be
considered separate, however, if one is controlled by the other. The recipient may request USAID’s approval
to treat as separate the family planning activities of two or more
organizations, which would not be considered separate under the preceding
sentence, if the recipient believes, and provides a written justification to
USAID therefor, that the family planning activities of the organizations are
sufficiently distinct as to warrant not imputing the activity of one to the
other.
(12) Assistance for family planning may be
furnished
under
this award by a recipient, subrecipient or sub-subrecipient to a foreign
government even though the government includes abortion in its family planning
program, provided that no assistance may be furnished in support of the
abortion activity of the government and any funds transferred to the government
shall be placed in a segregated account to ensure that such funds may not be
used to support the abortion activity of the government.
(13) The requirements of this paragraph are
not
applicable
to child spacing assistance furnished to a foreign nongovernmental organization
which is engaged primarily in providing health services if the objective of the
assistance is to finance integrated health care services to mothers and
children and child spacing is one of several health care services being
provided by the organization as part of a larger child survival effort with the
objective of reducing infant and child mortality.
(f)
The recipient
shall insert paragraphs (a), (b), (c),
(d)
and (f) of this provision in all subsequent subagreements and contracts
involving family planning or population activities which will be supported in
whole or in part from funds under this award.
Paragraph (e) shall be inserted in subagreements and sub-subagreements
in accordance with the terms of paragraph (e).
The term subagreement means subgrants and subcooperative agreements.
Attachment 2
Grants and Cooperative Agreements with Non U.S.,
Nongovernmental Organizations
The following
paragraphs (e) and (f) replace paragraph (e) of the Standard Provision entitled
“Voluntary Population Activities (March 1999).”
(e)
Ineligibility of Foreign Nongovernmental Organizations
that Perform or Actively Promote Abortion
As a Method
of Family Planning
(1)
The recipient
certifies that it does not now and
will
not during the term of this award perform or actively promote abortion as a
method of family planning in USAID-recipient countries or provide financial
support to any other foreign nongovernmental organization that conducts such
activities. For purposes of this
paragraph (e), a foreign nongovernmental organization is a nongovernmental
organization that is not organized under the laws of any State of the United
States, the District of Columbia or the Commonwealth of Puerto Rico.
(2)
The recipient
agrees that the authorized
representative
of USAID may, at any reasonable time, (i) inspect the documents and materials
maintained or prepared by the recipient in the usual course of its operations
that describe the family planning activities of the recipient, including
reports, brochures and service statistics; (ii) observe the family planning
activity conducted by the recipient, (iii) consult with family planning personnel
of the recipient; and (iv) obtain a copy of the audited financial statement or
report of the recipient, if there is one.
(3)
In the event
USAID has reasonable cause to
believe
that the recipient may have violated its undertaking not to perform or actively
promote abortion as a method of family planning, the recipient shall make
available to USAID such books and records and other information as USAID may
reasonably request in order to determine whether a violation of the undertaking
has occurred.
(4)
The recipient
shall refund to USAID the entire
amount
of assistance for family planning furnished under this award in the event it is
determined that the certification provided by the recipient under subparagraph
(1), above, is false.
(5)
Assistance
for family planning to the recipient
under
this award shall be terminated if the recipient violates any undertaking
required by this paragraph (e), and the recipient shall refund to USAID the
value of any assistance furnished under this award that is used to perform or actively
promote abortion as a method of family planning.
(6)
The recipient
may not furnish assistance for
family
planning under this award to a foreign nongovernmental organization (the
subrecipient) unless (i) the subrecipient certifies in writing that it does not
perform or actively promote abortion as a method of family planning in
USAID-recipient countries and does not provide financial support to any other
foreign nongovernmental organization that conducts such activities and (ii) the
recipient obtains the written agreement of the subrecipient containing the
undertakings described in subparagraph (7), below.
(7)
Prior to
furnishing assistance for family
planning
under this award to a subrecipient, the subrecipient must agree in writing
that:
(i)
The subrecipient
will not, while
receiving
assistance under this award,
perform
or actively promote abortion as a method of family planning in USAID-recipient
countries or provide financial support to other foreign nongovernmental
organizations that conduct such activities.
(ii) The recipient and authorized
representatives of USAID may, at any
reasonable time, (A) inspect the documents
and materials maintained or prepared by the
subrecipient in the usual course of its
operations that describe the family planning
activities of the subrecipient, including
reports, brochures and service statistics;
(B) observe the family planning activity
conducted by the subrecipient; (C) consult
with family planning personnel of the
subrecipient; and (D) obtain a copy of the
audited financial statement or report of the
subrecipient, if there is one.
(iii) In the event the recipient or
USAID has
reasonable cause to believe that a
subrecipient may have violated its
undertaking not to perform or actively
promote abortion as a method of family
planning, the recipient shall review the
family planning program of the subrecipient
to determine whether a violation of the
undertaking has occurred. The
subrecipient
shall make available to the recipient such
books and records and other information as
may be reasonably requested in order to
conduct the review. USAID may
also review
the family planning program of the
subrecipient under these circumstances, and
USAID shall have access to such books and
records and information for inspection upon
request.
(iv) The subrecipient shall refund to the
recipient
the entire amount of assistance for family planning furnished to the
subrecipient under this award in the event it is determined that the
certification provided by the subrecipient under subparagraph (6), above, is
false.
(v)
Assistance
for family planning to the
subrecipient
under this award shall be terminated if the subrecipient violates any
undertaking required by this paragraph (e), and the subrecipient shall refund
to the recipient the value of any assistance furnished under this award that is
used to perform or actively promote abortion as a method of family planning.
(vi) The subrecipient may furnish
assistance for
family planning under this award to
another
foreign nongovernmental organization
(the
sub-subrecipient) only if (A) the sub-
subrecipient certifies in writing that
it
does not perform or actively promote
abortion as a method of family planning
in
USAID-recipient countries and does not
provide financial support to any other
foreign nongovernmental organization
that
conducts such activities and (B) the
subrecipient obtains the written
agreement
of the sub-subrecipient that contains
the
same undertakings and obligations to
the
subrecipient as those provided by the
subrecipient to the recipient as
described
in subparagraphs (7)(i) – (v), above.
(8)
Agreements
with subrecipients and sub-
subrecipients
required under subparagraphs (6) and (7) shall contain the definitions set
forth in subparagraph (13) of this paragraph (e).
(9)
The recipient shall be liable to USAID for a
refund for a violation by a
subrecipient relating to its certification required under subparagraph (6) or
by a subrecipient or a sub-subrecipient relating to its undertakings in the
agreement required under subparagraphs (6) and (7) only if (i) the recipient
knowingly furnishes assistance for family planning to a subrecipient which
performs or actively promotes abortion as a method of family planning, or (ii)
the certification provided by a subrecipient is false and the recipient failed
to make reasonable efforts to verify the validity of the certification prior to
furnishing assistance to the subrecipient, or (iii) the recipient knows or has
reason to know, by virtue of the monitoring which the recipient is required to
perform under the terms of this award, that a subrecipient has violated any of
the undertakings required under subparagraph (7) and the recipient fails to
terminate assistance for family planning to the subrecipient, or fails to
require the subrecipient to terminate assistance to a sub-subrecipient which
violates any undertaking of the agreement required under subparagraph 7(vi),
above. If the recipient finds, in
exercising its monitoring responsibility under this award, that a subrecipient
or sub-subrecipient receives frequent requests for the information described in
subparagraph (13)(iii)(A)(II), below, the recipient shall verify that this
information is being provided properly in accordance with subparagraph
13(iii)(A)(II) and shall describe to USAID the reasons for reaching its
conclusion.
(10)
In submitting
a request to USAID for approval of
a
recipient’s decision to furnish assistance for family planning to a
subrecipient, the recipient shall include a description of the efforts made by
the recipient to verify the validity of the certification provided by the
subrecipient. USAID may request the
recipient to make additional efforts to verify the validity of the
certification. USAID will inform the
recipient in writing when USAID is satisfied that reasonable efforts have been
made. If USAID concludes that these
efforts are reasonable within the meaning of subparagraph (9) above, the
recipient shall not be liable to USAID for a refund in the event the
subrecipient’s certification is false unless the recipient knew the
certification to be false or misrepresented to USAID the efforts made by the
recipient to verify the validity of the certification.
(11)
It is
understood that USAID may make independent
inquiries,
in the community served by a subrecipient or sub-subrecipient, regarding
whether it performs or actively promotes abortion as a method of family
planning.
(12)
A
subrecipient must provide the certification
required
under subparagraph (6) and a sub-subrecipient must provide the certification
required under subparagraph (7)(vi) each time a new agreement is executed with
the subrecipient or sub-subrecipient in furnishing assistance for family
planning under this award.
(13)
The following
definitions apply for purposes of
paragraph
(e):
(i)
Abortion is a
method of family planning
when
it is for the purpose of spacing births.
This includes, but is not limited to, abortions performed for the
physical or mental health of the mother but does not include abortions
performed if the life of the mother would be endangered if the fetus were
carried to term or abortions performed following rape or incest (since abortion
under these circumstances is not a family planning act).
(ii) To perform abortions means to
operate a
facility
where abortions are performed as a method of family planning. Excluded from this definition are clinics or
hospitals that do not include abortion in their family planning programs. Also excluded from this definition is the
treatment of injuries or illnesses caused by legal or illegal abortions, for example,
post-abortion care.
(iii)
To actively promote abortion means for
an
organization to commit resources, financial or other, in a substantial or
continuing effort to increase the availability or use of abortion as a method
of family planning.
(A)
This
includes, but is not limited to,
the following:
(I)
Operating a family
planning counseling service that
includes, as part of the regular
program, providing advice and
information regarding the
benefits and availability of
abortion as a method of family
planning;
(II)
Providing advice that
abortion is an available option in
the event other methods of family
planning are not used or are not
successful or encouraging women to
consider abortion (passively
responding to a question regarding
where a safe, legal abortion may
be obtained is not considered
active promotion if the question
is specifically asked by a woman
who is already pregnant, the woman
clearly states that she has
already decided to have a legal
abortion, and the family planning
counselor reasonably believes that
the ethics of the medical
profession in the country requires
a response regarding where it may
be obtained safely);
(III)
Lobbying a foreign government
to legalize or make available
abortion as a method of family
planning or lobbying such a
government to continue the
legality of abortion as a method
of family planning; and
(IV)
Conducting a public information
campaign in USAID-recipient
countries regarding the benefits
and/or availability of abortion as
a method of family planning.
(B)
Excluded from the definition of
active promotion of abortion as a method of
family
planning are referrals for abortion as a result of rape, incest or if the life
of the mother would be endangered if the fetus were carried to term. Also
excluded from this definition is the treatment of injuries or illnesses caused
by legal or illegal abortions, for example, post-abortion care.
(C)
Action by an individual acting
in
the individual’s own capacity shall not be attributed to an organization with
which the individual is associated, provided that the organization neither
endorses nor provides financial support for the action and takes reasonable
steps to ensure that the individual does not improperly represent that the
individual is acting on behalf of the organization.
(iv) To furnish assistance for
family planning to a foreign
nongovernmental organization means to
provide financial support under this
award to the family planning program
of the organization, and includes the
transfer of funds made available under
this award or goods or services
financed with such funds, but does not
include the purchase of goods or
services from an organization or the
participation of an individual in the
general training programs of the
recipient, subrecipient or sub-
subrecipient.
(v)
To control an organization means
the possession of the power to direct
or cause the direction of the
management and policies of an
organization.
(14)
In
determining whether a foreign
Nongovernmental organization is
eligible to be a
recipient, subrecipient or
sub-subrecipient of
assistance for family planning under
this award,
the action of separate nongovernmental
organizations shall not be imputed to
the
recipient, subrecipient or
sub-subrecipient,
unless, in the judgment of USAID, a
separate
nongovernmental organization is being
used as a
sham to avoid the restrictions of this
paragraph
(e).
Separate nongovernmental organizations are
those that have distinct legal
existence in
accordance with the laws of the
countries in
which they are organized. Foreign organizations
that are separately organized shall not
be
considered separate, however, if one is
controlled by the other. The recipient may
request USAID’s approval to treat as
separate the
family planning activities of two or
more
organizations, which would not be
considered
separate under the preceding sentence,
if the
recipient believes, and provides a written
justification to USAID therefor, that
the family
planning activities of the
organizations are
sufficiently distinct as to warrant not
imputing
the activity of one to the other.
(15)
Assistance
for family planning may be furnished
under this award by a recipient,
subrecipient or
sub-subrecipient to a foreign
government even
though the government includes abortion
in its
family planning program, provided that
no
assistance may be furnished in support
of the
abortion activity of the government and
any funds
transferred to the government shall be
placed in
a segregated account to ensure that
such funds
may not be used to support the abortion
activity
of the government.
(16)
The
requirements of this paragraph are not
applicable to child spacing assistance
furnished
to a foreign nongovernmental
organization which
is engaged primarily in providing
health services
if the objective of the assistance is
to finance
integrated health care services to
mothers and
children and child spacing is one of
several
health care services being provided by
the
organization as part of a larger child
survival
effort with the objective of reducing
infant and
child mortality.
(f)
The recipient
shall insert paragraphs (a), (b), (c),
(d)
and (f) of this provision in all subsequent
subagreements
and contracts involving family planning
or
population activities which will be supported in
whole
or in part from funds under this award.
Paragraph
(e) shall be inserted in subagreements and
sub-subagreements
in accordance with the terms of
paragraph
(e). The term subagreement means
subgrants
and
subcooperative agreements.