Skip to comments.Obama Executive Order on Abortion Funding
Posted on 03/21/2010 1:36:48 PM PDT by califamily4W
The White House just released this statement:
STATEMENT FROM COMMUNICATIONS DIRECTOR DAN PFEIFFER
Today, the President announced that he will be issuing an executive order after the passage of the health insurance reform law that will reaffirm its consistency with longstanding restrictions on the use of federal funds for abortion.
While the legislation as written maintains current law, the executive order provides additional safeguards to ensure that the status quo is upheld and enforced, and that the health care legislations restrictions against the public funding of abortions cannot be circumvented.
The President has said from the start that this health insurance reform should not be the forum to upset longstanding precedent. The health care legislation and this executive order are consistent with this principle.
The President is grateful for the tireless efforts of leaders on both sides of this issue to craft a consensus approach that allows the bill to move forward.
A text of the pending executive order follows:
(Excerpt) Read more at whitehouse.blogs.foxnews.com ...
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ENSURING ENFORCEMENT AND IMPLEMENTATION OF ABORTION RESTRICTIONS IN THE PATIENT PROTECTION AND AFFORDABLE CARE ACT
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Patient Protection and Affordable Care Act (approved March ¬¬__, 2010), I hereby order as follows:
Section 1. Policy.
Following the recent passage of the Patient Protection and Affordable Care Act (the Act), it is necessary to establish an adequate enforcement mechanism to ensure that Federal funds are not used for abortion services (except in cases of rape or incest, or when the life of the woman would be endangered), consistent with a longstanding Federal statutory restriction that is commonly known as the Hyde Amendment. The purpose of this Executive Order is to establish a comprehensive, government-wide set of policies and procedures to achieve this goal and to make certain that all relevant actorsFederal officials, state officials (including insurance regulators) and health care providersare aware of their responsibilities, new and old.
The Act maintains current Hyde Amendment restrictions governing abortion policy and extends those restrictions to the newly-created health insurance exchanges. Under the Act, longstanding Federal laws to protect conscience (such as the Church Amendment, 42 U.S.C. §300a-7, and the Weldon Amendment, Pub. L. No. 111-8, §508(d)(1) (2009)) remain intact and new protections prohibit discrimination against health care facilities and health care providers because of an unwillingness to provide, pay for, provide coverage of, or refer for abortions.
Numerous executive agencies have a role in ensuring that these restrictions are enforced, including the Department of Health and Human Services (HHS), the Office of Management and Budget (OMB), and the Office of Personnel Management (OPM).
Section 2. Strict Compliance with Prohibitions on Abortion Funding in Health Insurance Exchanges. The Act specifically prohibits the use of tax credits and cost-sharing reduction payments to pay for abortion services (except in cases of rape or incest, or when the life of the woman would be endangered) in the health insurance exchanges that will be operational in 2014. The Act also imposes strict payment and accounting requirements to ensure that Federal funds are not used for abortion services in exchange plans (except in cases of rape or incest, or when the life of the woman would be endangered) and requires state health insurance commissioners to ensure that exchange plan funds are segregated by insurance companies in accordance with generally accepted accounting principles, OMB funds management circulars, and accounting guidance provided by the Government Accountability Office.
I hereby direct the Director of OMB and the Secretary of HHS to develop, within 180 days of the date of this Executive Order, a model set of segregation guidelines for state health insurance commissioners to use when determining whether exchange plans are complying with the Acts segregation requirements, established in Section 1303 of the Act, for enrollees receiving Federal financial assistance. The guidelines shall also offer technical information that states should follow to conduct independent regular audits of insurance companies that participate in the health insurance exchanges. In developing these model guidelines, the Director of OMB and the Secretary of HHS shall consult with executive agencies and offices that have relevant expertise in accounting principles, including, but not limited to, the Department of the Treasury, and with the Government Accountability Office. Upon completion of those model guidelines, the Secretary of HHS should promptly initiate a rulemaking to issue regulations, which will have the force of law, to interpret the Acts segregation requirements, and shall provide guidance to state health insurance commissioners on how to comply with the model guidelines.
Section 3. Community Health Center Program.
The Act establishes a new Community Health Center (CHC) Fund within HHS, which provides additional Federal funds for the community health center program. Existing law prohibits these centers from using federal funds to provide abortion services (except in cases of rape or incest, or when the life of the woman would be endangered), as a result of both the Hyde Amendment and longstanding regulations containing the Hyde language. Under the Act, the Hyde language shall apply to the authorization and appropriations of funds for Community Health Centers under section 10503 and all other relevant provisions. I hereby direct the Secretary of HHS to ensure that program administrators and recipients of Federal funds are aware of and comply with the limitations on abortion services imposed on CHCs by existing law. Such actions should include, but are not limited to, updating Grant Policy Statements that accompany CHC grants and issuing new interpretive rules.
Section 4. General Provisions.
(a) Nothing in this Executive Order shall be construed to impair or otherwise affect: (i) authority granted by law or presidential directive to an agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This Executive Order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This Executive Order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity against the United States, its departments, agencies, entities, officers, employees or agents, or any other person. THE WHITE HOUSE,
Obama dog ate the EO.
stupak is either stupid or a simple sellout, or both.
How will this square with Obama’s other executive orders on abortion?
These people are truly despicable. Stupak caved and needs to go. I had a feeling he wasn’t strong enough to stand up against his fellow commierades.
The talking point coming from Stupak and other pro-life Dems will be that Obamas Executive Order is proof that the President is not pro-abortion. Obamas healthcare bill will reduce the abortion rate in the next few years, while abortions rose under Reagan and Dubya. Watch for that talking point.
(except in cases of rape or incest, or when the life of the woman would be endangered),
The giant hole that Stupidpak allowed...
Rahm must be laughing all the way to the fish market.
what about the conscience clause?
binding until it’s not.
Donthca just love it how the EO will be executed AFTER they vote on Death Care?
Stupak and the others were/are and will ALWAYS be, RATS first.
There are NO DINO's!
Who really believes that Obama will issue this EO?
Rep. Stupak on the phone sir, asking when you will issue the Executive Order?
Obama: Well, I’m going to a basketball game tonight - maybe tomorrow. Wait, there’s a party tomorrow, maybe ...
NO money to implement this EO.
Stupak had to know this.
Thus he is the worst kind of charlatan
All NARAL has to do is to get one of their pet judges to invalidate the EO.
They know this won't stand
NARAL will sue to render the EO invalid and it'll be murder Baby Johnny with Catholic $$$
Stu-pak will end up being Stu-pid
Nothing in this Executive Order shall be construed to impair or otherwise affect: (i) authority granted by law or presidential directive to an agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
BO/BS can always write another EO amending this EO to include federal funding for abortion.
It is a big wink! wink! to Stupak and crew and they know it. Meanwhile, planned parenthood, the group started by Sanger who hated blacks, jews and malformed folks, is also on to obama’s joke...no worries. The funding will be coming. Gotta keep those babies growing in wombs cut down and out fast...big business there.
Money BOMB for Stupaks OPPONENT......tic...tic....tic....(I’m saving $$s for the Bomb)
I suspect this was the plan all along. It’s been a democrat shell game with innocent babie’s lives. pretty lowdown stuff.
EO’s cannot change or override the law.
HCR would be the law.
“...By working with my Pro-Life colleagues and with Speaker Pelosi, I was able to secure an up or down vote on my amendment with regards to federal funding of abortion. My amendment does one very simple thing: It applies current law (the Hyde Amendment), which bars federal funding for abortion except in the case of rape, incest or life of the mother, to the health care reform bill. The Hyde Amendment has been the law of the land on federal funding of abortion since 1977 and applies to all other federally-funded health care programs such as Medicare, Medicaid, the VA and the Federal Employees Health Benefits Program (FEHBP). My amendment is not new federal abortion policy but continues current law.
My amendment has no impact on those individuals with private insurance who do not receive affordability credits and in no way prohibits any individual from purchasing a supplemental abortion coverage policy. Health insurance companies can still offer policies that cover abortion; insurance companies just cant sell those policies to individuals using affordability credits to pay for the policy. My amendment was passed by the U.S. House of Representatives by a vote of 240 to 194 on November 7, 2009 and was included in H.R. 3962. Without the votes of 41 Democratic Pro-Life supporters of my amendment, health care reform never would have passed the U.S. House of Representatives...” Bart Stupak
Stupak speaking with Greta on Fox now.
“The President has said from the start that this health insurance reform should not be the forum to upset longstanding precedent.”
Really? And what of the “long standing precedent” of individual rights and the right to be free from coercion?
Here we have a MARXIST turning our republic into a socialist dictatorship, yet stating that he does not desire to “upset longstanding precedent” ... WHAT A LOAD OF ORWELLIAN SH*T.
Let me remind you, Mr. “President,” there’s also a long standing precedent to hang traitors. You may have your hour of power, but God will have is day of judgment... and yours may be swift in coming, sir.
Thanks very much ... I turned on Greta ...
“when the life of the woman would be endangered”
Just watch how many women’s lives will now be “endangered” by having a mental illness CAUSED by a child that is not wanted. I ‘ve seen that excuse before. After all, we wouldn’t want to “punish” women with a child, would we?