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1 1 (October 20, 2022)

handle is hein.crs/govejbp0001 and id is 1 raw text is: Congr ssionaI Research S infurming Ih Legstivw d bate sicc 191 October 20, 2022 Abortion Funding Restrictions in Foreign Assistance Legislation For nearly five decades, Congress has enacted abortion- related funding restrictions in U.S. foreign assistance legislation. Many of the restrictions were adopted against the backdrop of the Supreme Court's 1973 Roe v. Wade ruling, which held that the Constitution protected a woman's decision to terminate her pregnancy. Foremost among these is the Helms amendment, first enacted in 1973, which requires that certain foreign assistance funds may not be used to pay for the performance of abortion. Over the years, Congress has considered bills to amend, expand, or overturn some of these restrictions. Some Members have demonstrated an increased interest in these restrictions and their impacts in the wake of the Supreme Court's 2022 ruling Dobbs v. Jackson Women's Health Organization, which broadly overruled Roe. Background and Legislatve Vehicles Debates over abortion in U.S. foreign assistance often reflect broader domestic disagreements on abortion, including the federal government's role, if any, in funding abortion. Foreign assistance restrictions on abortion are generally included in two legislative vehicles: (1) authorization legislation, mainly the Foreign Assistance Act of 1961 (FAA) (P.L. 87-195; 22 U.S.C. 2151 et seq.); and (2) appropriations legislation, such as the annual Department of State, Foreign Operations, and Related Programs (SFOPS) appropriations acts. The FAA and SFOPS Appropriations Acts The FAA is the foundation of permanent foreign assistance authorization law. It is divided into several parts that authorize different types of foreign assistance, including development assistance (part I); military and security assistance (part II); general, administrative, and miscellaneous provisions (part Ill); the Enterprise for the Americas Initiative (part IV); and debt reduction for developing countries with tropical forests (part V). Some legislative restrictions on abortion apply specifically to programs authorized under part I. Congress is required to enact both an authorization and appropriation in order to fund foreign assistance programs (22 U.S.C. 2412). Most foreign assistance is appropriated in Titles 3 through 6 of annual SFOPS legislation. These provisions are often controversial. At times, the presence (or absence) of abortion restrictions in legislation has played a role in delaying or halting the enactment of certain bills, including annual appropriations acts. Some proposed legislation addressing global women's issues has similarly been affected, including bills on violence against women, and on women's global development and prosperity. Abortion restrictions in foreign assistance are part of broader U.S. efforts to prohibit federal funding for abortions. In addition to legislative restrictions on U.S. foreign assistance funding of abortions, Presidents have periodically, since 1985, used executive authorities to prohibit abortion funding. For example, the Mexico City Policy, as it is often called, requires foreign nongovernmental organizations (NGOs) that receive U.S. federal funds to certify that they do not perform or actively promote abortion as a method of family planning, even using non-U.S. funds. The policy is typically instated by Republican Presidents and rescinded by Democratic Presidents. (See CRS Report R41360, Abortion and Family Planning-Related Provisions in U.S. Foreign Assistance Law and Policy.) Domestically, the Hyde amendment (named for Representative Henry Hyde), which is included in annual Department of Labor-Health and Human Services (HHS) appropriations acts, prohibits HHS from using appropriated funds to pay for abortions, except when a pregnancy is the result of rape or incest, or the mother's life would be endangered if an abortion were not performed. In addition, the Department of Defense is prohibited from using funds or facilities to perform an abortion, subject to similar exceptions. (See CRS In Focus IF12167, The Hyde Amendment: An Overview, and CRS Insight IN11960, FY2023 NDAA: Military Abortion Policies.) Overview of Key Restrictions Helms Amendment. The Helms amendment, introduced by Senator Jesse Helms in 1973, is included in both authorization and appropriations legislation. In the FAA, the provision, at Section 104(f) (22 U.S.C. 215lb(f)), states that none of the funds to carry out part I of the act (development assistance) 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. Since FY1980, the Helms amendment has also been stated in most of the annual SFOPS bills. In the FY2022 SFOPS Act (Division K of P.L. 117-103), Helms language is included in Section 7018 to apply to all activities in the act authorized under part I of the FAA. Similar language is found under the Global Health Programs heading in Title III, Bilateral Economic Assistance, and applies to all funding provided in the act. Peace Corps. Since FY1979, annual SFOPS appropriations have included an abortion restriction on Peace Corps funding due to concerns that U.S. funding might be used to provide abortions for Peace Corps volunteers. The restriction states that none of the funds appropriated under this heading shall be used to pay for abortions. As in some previous fiscal years, the FY2022 SFOPS Act includes

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