123STA T . 332 4PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9thispar a g raph m a ybe ma d ea v ai l able fo r n onpro j e c t assistance , e x cept that f u nds may be made available for such assistance for ongoing health activities
- Provide
d fu r th er, T hat of the funds appro - priated under this paragraph, $78 , 0 00,000 should be made available for a U nited S tates contribution to the GAVI Alliance: Provided further, That none of the funds made available in this Act nor any unobligated balances from prior appropriations Acts may be made available to any organi z ation or program w hich, as deter- mined by the P resident of the United States, supports or partici- pates in the management of a program of coercive abortion or involuntary sterilization: Provided further, That any determination made under the previous proviso must be made no later than 6 months after the date of enactment of this Act, and must be accompanied by the evidence and criteria utilized to ma k e the determination: Provided further, That none of the funds made avail- able under this Act may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions: Provided further, That nothing in this paragraph shall be construed to alter any existing statutory prohibitions against abortion under section 1 0 4 of the F oreign Assistance Act of 1 9 61: Provided further, That none of the funds made available under this Act may be used to lobby for or against abortion: Provided further, That in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family planning methods and services, and that any such vol- untary family planning project shall meet the following re q uire- ments: ( 1 ) service providers or referral agents in the project shall not implement or be subject to quotas, or other numerical targets, of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning (this provision shall not be construed to include the use of quantitative estimates or indicators for budgeting and planning purposes)
( 2 ) the project shall not include payment of incentives, bribes, gratuities, or finan- cial reward to: (A) an individual in exchange for becoming a family planning acceptor; or ( B ) program personnel for achieving a numer- ical target or quota of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning; ( 3 ) the project shall not deny any right or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a consequence of any individual ’ s decision not to accept family planning services; (4) the project shall provide family planning acceptors comprehen- sible information on the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method; and ( 5 ) the project shall ensure that experimental contraceptive drugs and devices and med- ical procedures are provided only in the context of a scientific study in which participants are advised of potential risks and benefits; and, not less than 60 days after the date on which the USAI D Administrator determines that there has been a violation of the requirements contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or practice of violations of the require- ments contained in paragraph (4) of this proviso, the Administrator Familyp la n nin g.Requ i r emen ts . D ea d line. Determinati o n. Reports. L o b bying. A bortion. Abortion. Deadline. P resident. Determination. Abortion. S terili z ation.
