Skip to comments.Official text of useless Executive Order. STATEMENT FROM COMMUNICATIONS DIRECTOR DAN PFEIFFER
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:
- - - - - - -
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,
Correct me if I am wrong but EO’s do not override or change the law. HCR would be the law, right?
This is worth nothing.
It can be signed and then repealed an hour later.
Executive Order is crap. Can be changed next week or, most likely, right before Obama sneaks out of town after being defeated next election.
Stupid-Pact is making a deal with the Devil.
Good thing Obama is known for keeping his word.
I’m sure Stupak and everyone else is happy they can have confidence in Obama. (Not.)
Stroke of the pen BS. Can be removed tomorrow with another stroke.
I promise to be good.
Signed, Adolf Hitler.
I think I’ve had my fill of bullshit for today.
Yep, but it worked...Stupak and his friends are a yes now and that’s the end.
Or just ignored, like any other “rule” that gets in the way. (See the US Constitution.)
2012 cannot come fast enough. This is typical of the malfeasance and incompetence we can expect from the Marxists who care only about POWER AND CONTROL. They are not leaders — they do not want to govern — they want to RULE.
If we still have fair elections and if the number of braindeads has not grown!
Stupak just became Chamberlain.
Some snarky character on CNN was saying that the “key word” (hehehehe) in Section 3 is “existing” law.
This is crap, and 0bama knows it. He has spent too many years working for the ‘right’ for women to murder their unborn and nearly born children, and even wants to be sure that any baby that somehow survives an abortion procedure is left to die.
That usurpin’ Kenyan sonuvabitch has more blood on his hands than King Herod, and will hopefully meet the same kind of end.
I just don’t see how 2012 is going to matter when there will be 20-50 newly-amnestied voting democrats.
“The President has said from the start that this health insurance reform should not be the forum to upset longstanding precedent.”
I can’t believe someone said this. Does this bill do anything BUT upset longstanding precedent? This is Newspeak.
You’re exactly right. Hitler did the same thing by nationalizing healthcare in Germany.
Community Health Center is Acorn?
Roger that. Collected a swimming pool load today.
Enough to last into next year.
Maybe that snarky character didn’t think about the fact that some woman who wants an abortion and doesn’t have the money to purchase it just might sue the government because they are paying for other abortions.
I’m not going to hold my breath, but I’d bet someone will try it and it will cost a lot more than an abortion money-wise.
That is my understanding. I remember years ago Reagan refused to fund and enforce laws but they remained the law. An executive order does not repeal or veto a bill.
You know, there are publicity whores, huge publicity whores, and then there’s Bart Stupak.
Boehner: Pro-Life Democrats Cant Hide Behind an Executive Order
Recd via e-mail | Sunday, March 21, 2010 | John Boehner
Posted on Sunday, March 21, 2010 12:10:31 PM by kristinn
GOP Leader: Make no mistake, a yes vote on the Democrats health care bill is a vote for taxpayer-funded abortions.
WASHINGTON, DC House Republican Leader John Boehner (R-OH) issued the following statement on a potential Executive Order from the White House on abortion:
The law of the land trumps any Executive Order, which can be reversed or altered at the stroke of a pen by this or any subsequent President without any congressional approval or notice. Moreover, while an Executive Order can direct members of the executive branch, it cannot direct the private sector.
Because of Roe v. Wade, courts have interpreted the decision as a statutory mandate that the government must provide federal funding for elective abortion in through federal programs. In other words, no Executive Order or regulation can override a statutory mandate unless Congress passes a law that prohibits federal funding from being used in this manner. Legal experts at the US Catholic Conference of Bishops, National Right to Life Committee, Americans United for Life, and Family Research Council have confirmed this view that if the Senate bill is signed into law, it is a statutory mandate for the new health plans to include federal funding of elective abortion. The need for an Executive Order is evidence that this is true, and Congressional Democrats know it. Make no mistake, a yes vote on the Democrats health care bill is a vote for taxpayer-funded abortions.
Not worth the toilet paper it’s printed on.
Stupak is a profoundly stupid man or he thinks the American people are.
Did Mr. Stupak note the use of the word AFTER the bill is passed. These people are idiots.
Exactly. IF the Liberal Messiah signs such an EO, Planned Parenthood and NARAL will be in federal court in minutes. The Stupak Gang has been suckered.
one of the congressmen just said an exec order is not law
The Act requires private health insurers to offer abortion coverage. Nothing in the EO even pretends to address this.
Makes me wonder if Stupak wasn’t grandstanding to “impress” his pro-life constituents. He was never a NO vote.
Never trust a democrat. I thought LBJ’s great society was a disaster but this makes it look like a picnic.
That is also my understanding. An EO is a stand-alone.
And .. I was just listening to Mike Pence confirm it .. He said that an EO cannot alter or amend a STANDING LAW .. which the Hyde Amendment is.
So .. Stupak has been “punked” by the President!!
I guess they can always get around it with that.
What about the 40 pro choice dem women I heard about last night? They were set to bolt if a deal was made with Stupe, or so it was reported. They probably knew this EO was just a joke between friends.
You question an edict of The One? Based on what, the Constitution?
Obama won't care when this EO is ignored, his people will do the ignoring, or overturned.
If he really meant it, he’d have included it in the bill itself.
This is a lie to get those idiots off the fence. They’ll believe it and they’ll never hear about it again. We will ALL be paying for abortions through this bill. Makes me sick to death as if the humongous waste of our money in this bill weren’t enough.
Can you really be pro life and be a Democrat? I say NO.
Can you even be a Christian and be a Democrat? Again I think not
It's interesting this is all taking place on a Sunday, during the Easter/Passover season. Man's nature never changes.
Nor does their desire for a king, over trusting in God alone.
“Can you even be a Christian and be a Democrat? “
NOT any more...
Can you even be a Christian and be a Democrat? Again I think not
Can you be a patriotic American and a Democrat? HELL NO!!!
It’s all BUNCK. Nothing more than Monopoly funny money. Wishful thinking!/
big surprise. Democrat votes with the Democrats
Reminds me of Chamberlain
“I have here in my hand...”
Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes... But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future se
"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."
"Lather, rinse, repeat....often"
Exactly. I don’t think Obama would have agreed to it unless he knew for certain their was an ‘out’.