March 21st, 2010
04:07 PM ET

Text: White House on abortion-related executive order

The White House released a statement Sunday afternoon which included the text of an executive order related to the funding of abortion in the health care bill. You can read the full text of the statement and the executive order below.


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

– – – – – – –

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.


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soundoff (171 Responses)
  1. tom

    I could care less about the abortion issue. That difficult issue is between a woman and her doctor and no one else. The majority of Americans don't want to see their tax dollars funding abortion. What puzzles me is, how are the abortions that are happening being paid for? Is the woman who chooses to terminate her pregnancy paying for it? Just wondering, since I have not heard this addressed yet.

    March 22, 2010 at 7:55 am | Report abuse |
  2. Jeff

    Congratulations to the President, Democratic Party, and Speaker of the House for getting the people's business done, despite unified opposition from the Republican Party.

    The new Health Care bill (soon to be law) is a step in the right direction for our Country:

    – It recognizes basic health care as a fundamental right of all citizens, not just a privilege.
    – It retains the legal status quo on abortions, despite the carping of extremist Democrats and Republicans.
    – It raises the stature of our country by doing the morally right thing for our people.
    – It brings America up to the standard of other developed nations.
    – It controls costs, though much more is needed to reduce the delivery cost of health care (Congress, please don't stop working on this important issue!).
    – It demonstrates that our president is true to his campaign promise, despite the huge political risks, for which he deserves tremendous credit.
    – It makes me proud that we did not turn our backs on the poor.
    – My taxes are going to go up, which I HATE, but this is the RIGHT THING TO DO.

    I believe that in November, when we go to the polls, America will reward, not punish the Democrats for their courage in doing the morally right thing.

    March 22, 2010 at 8:03 am | Report abuse |
  3. Dan in Sacramento

    Men in support of abortion do so only so that they can send the woman under the doctor's knife when they get them pregnant. It's an easy fix for the man, but a life-threatening option for the woman. At least one person always dies in the procedure. Pro-abortion women should be appalled at that. You're being used by men.

    March 22, 2010 at 4:35 pm | Report abuse |
  4. mike

    1. President Obama did not sign the EO( see above it's signed "White house")
    2. I wish Obama would MANDATE that every american has to buy a pair of glasses whether they need 'em or not ( I'm an Optician!) I ,like the insurance companies,would not say a word!! How bout you??
    3. I really don't like the Government taxing me without a vote–pretty simple and as I remember that didn't go well in England back in the day...

    March 24, 2010 at 11:17 am | Report abuse |
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