Posted on 03/21/2010 1:54:00 PM PDT by American Dream 246
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 legislation's 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:
EXECUTIVE ORDER
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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 actors--Federal officials, state officials (including insurance regulators) and health care providers--are 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 Act's 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 Act's 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,
i do not trust zero
This executive order appears to do nothing more than re-affirm the language of the bill itself and enforce the separate payment and segregation of funds requirements that are in the bill. It doesn’t attempt at all to override or change the law that will (presumably) be passed by Congress.
Frankly, if this Executive Order is enough to win over Stupak, then I have no idea what his objection to the bill itself was.
Yes, it appears that the EO only applies to the health exchanges to be created in 2014. And, since an EO is not law, if the Hyde Amendment is overturned, the EO is meaningless even then.
That is correct, except we are now in a dictatorship, so this is meaningless. Watch the stock market tomorrow, down at least 3-400 maybe more....
Thing is, these Snarkobots are going to be out of luck when they have a heart attack.
Does Section 4 say that this EO is ineffectual?
Well, America was good while it lasted.
This monstrosity will NEVER be repealed, in full or in part. The Republican political machine will not fight it. The mainstream media will not report on how it will destroy the economy of this country. And while the new media and the grassroots activists like us are stronger than ever, we won’t be able to keep the short-attention-span squishy “moderates” focused on this bill even until November, much less in 2012. Republican incumbents will get re-elected in all but a very few cases, and soon the Rats will be able to trumpet (with the help of the MSM) “vote for us, the Republicans are trying to take away your health care and KILL YOU ALL!” And the sheeple will believe it.
That clicking sound you heard is the ratchet effect dragging what’s left of America even further to the left.
}:-)4
Wow. We might see satan lie for the very first time. satan has never lied now has he.
Fellow Conservatives Running to UNSEAT Stupak
On Twitter = @LindaGoldthorpe
http://www.lindaforcongress.com/
Stupak will vote FOR taxpayer-funded abortion tonight. That’s all that matters. He said he was pro-life but just like Evan Bayh he lied about it to get elected. He’s a liar.
Stup(id)ak should enjoy his 30 pieces of silver.....just don’t spend it all in one place.
The Right-to-Life groups that endorsed this guy Stupak need to understand they have supported taxpayer-funded abortion. Such groups should now be referred to as “so-called” right-to-life groups, or phony groups. Anyone who supports a Democrat in any endevor or believes ANYTHING they say deserves what they get.
Stupak lied, babies died, we paid for it.
Amen!
This unsigned Executive Order ignores the real point here in that this bill will allow the Executive Branch to mandate that all insurers cover abortion.
Executive Order? Obama has stuffed every existing federal agency with abortion enthusiasts; he will accelerate the pro-abortion appointments when he fills the over-100 bureaucracies created to administer his socialized health care program.
Executive Order? I think we can predict with sober realism that this piece of paper will never once come between the baby and the knife.
I WANT TO SEE HIM FALL DOWN AND WORMS COME OUT OF EVERY ORIFICE......well maybe not everyone
What the State-run Media (aka the Main Stream Media) will not tell you is that if it was masterful, it was only masterful in its lies, deciet, and treachory. They used trickery, sculldruggery, bribery, threats, and lawlessness to pull this Health Care Vote out by the skin of their teeth...and the battle is still far from over.
Stupak was not padding to a democrat victory. No the EO deal was the democrat leadership's last ditch gasp to gett the votes they needed...because the vote makes clear that they did not have them before. And Stupak and those listening to him fell for it and will be forever remembered for being duped, bribed, and sashayed into supporting a bill that will use tax payer money to pay for abortion...and ruin the best health care services in the world as they are found in this nation...and enslave our children and grandchildren in debt. I do not know what all they were promised, or threatened with...but you can bet that it had a lot more to it than a rediculous Executive Order which will not stand or be used to stop it anyway.
We have a band of traitors running this country. I know of no other way to state it or express it. That is the truth about Barrack Hussein Obama and those in league with him.They have proven by their words, their deeds, and their stances...for decades...what they are, and now they have punctuated it with this God-forsaken, monstrocity social health care bill, and intend to continue punctuating it with amnesty for illegal aliens, a world-wide socialist cap and trade effort...among many other things. They are marxist ideologs who hate the free market, who hate free enterprise, who disdain the constitution and its attending, foundational principles, who reject freedom and personal responsibility, and who promise the wrteched masses that they themselves have created through dependancy, anything they think they want, so they can amass power to themselves and destroy this Republic, its liberty and way of life, and make it over into a decrepid socialist/marxist state where they and their cronies amass tyranical power unto themselves.
This cannot stand...indeed, this MUST NOT STAND. We must press forward to the elections of 2010 and throw these enemies out with such resounding clarity that it cannot be denied either here or abroad what is occurring. We must do so by turning to the constitution and the principles that are its foundation and then electing only those candidates who swear their allegiance to that constitution and those principles.
Nothing else will do.
If, as a people, we do not turn away from the course these quislings and traitors have set us on, then, as history and God are our witness, we will ultimately be left only with same course our own forefathers were compelled to take...that is, the force of arms, in the hands of citizens and citizen soldiers of this country to route these traitors out.
We are at a monumental crossroads in our nations history. We are on a path to self destruction and the loss of our freedom and way of life. But we have the opportunity to turn off that path and return to the principles that have made America free and prospered her.
Rise up O America, your liberty is calling!
Get involved with the effort to find and support constitutional candidates : RESTORE THE CONSTITUTION EFFORT
Come together with, discuss, and plan activities to take back our Republic at : FREERPUBLIC.COM CONSERVATIVE ACTIVISM
Join a TEA PARTY like our founders, to turn this marxism/socialism around TEA PARTY NATION and, or TEA PARTY PATRITOTS
Stay true to your oath to protect and defend the Constitution at OATHKEEPERS - NOT ON OUR WATCH
Sincerely, and in liberty,
Jeff Head
Emmett, ID
March 22, 2010
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