It looks like Trump is gearing up to bring back the global gag rule (PLGHA), which cuts off funding to foreign NGOs if they engage in any abortion-related activities, even when those services are funded from non-U.S. sources. During his first term, Trump expanded this policy to encompass all U.S. global health assistance. As the largest donor to global health initiatives, the U.S. could see significant funding cuts and restrictions with Trump’s anticipated return to power.
Background:
On January 23, 2017, President Trump (Republican) issued a Presidential Memorandum that brought back the 2001 Presidential Memorandum on the Mexico City Policy concerning USAID family planning assistance. He directed the Secretary of State to create a plan to expand the Mexico City Policy’s requirements to include “global health assistance provided by all Departments or Agencies.”
Fast forward to May 9, 2017, and Secretary Tillerson approved a plan known as “Protecting Life in Global Health Assistance” (PLGHA). This plan mandates that U.S. Government Departments and Agencies apply the Mexico City Policy provisions to grants, cooperative agreements, and contracts with foreign non-governmental organizations (NGOs) receiving global health assistance.
On May 22, 2019, USAID rolled out an updated standard provision regarding grants and cooperative agreements, titled “Protecting Life in Global Health Assistance”. This provision applies to:
· all new grants and cooperative agreements offering global health support;
· all current grants and cooperative agreements that provide global health assistance when they are modified to include additional funding;
· all existing agreements that had previously adopted USAID’s March 2017 Mexico City Policy standard provision whenever those agreements are next updated, or as soon as it’s feasible.
Then on January 28, 2021, President Joe Biden (Democrat) officially rescinded the Mexico City Policy, putting an end to a four-year period under the Trump administration that witnessed the most significant expansion of the policy to date. In his announcement, President Biden instructed agencies involved in foreign assistance to promptly cease the enforcement of the policy for future awards, waive its application for current awards, and inform recipients as soon as possible that the policy conditions have been lifted.
What steps should organizations take if PLGHA is reinstated?
Pre-award Phase: The Selection and Negotiation (Neg) memo should include a certification that potential local subawardees must complete and sign.
Negotiation phase: The PLGHA provision is passed down to the sub-recipient through the sub-award.
Continuous monitoring throughout the project’s lifecycle: Annual site visits conducted to ensure compliance, with PLGHA (alongside TIP and other audit certifications) required to be signed by sub-awardees.