EO 14182: Enforcing The Hyde Amendment

Executive Orders

TLDR

This executive order reinforces the Hyde Amendment by prohibiting federal funding for elective abortions, revokes previous executive orders (14076 and 14079) that expanded reproductive healthcare access, and tasks the OMB Director with implementation across federal agencies.

This executive order aims to reinforce the Hyde Amendment’s principles by prohibiting the use of federal taxpayer dollars to fund or promote elective abortions. The order revokes two executive orders from the previous administration (Executive Orders 14076 and 14079) that expanded access to reproductive healthcare services, including abortion care. The Director of the Office of Management and Budget (OMB) is tasked with implementing this policy across federal departments and agencies.

Key Points

  1. Purpose and Policy: The order aligns with the Hyde Amendment, which has historically restricted federal funding for elective abortions. It asserts that taxpayers should not be forced to fund abortions and criticizes the previous administration for embedding such funding in federal programs.
  2. Revocation of Previous Orders: The order revokes Executive Orders 14076 (July 8, 2022) and 14079 (August 3, 2022), which were aimed at protecting access to reproductive healthcare services, including medication abortion.
  3. Implementation: The OMB Director is responsible for issuing guidance to federal departments and agencies to ensure compliance with this order.
  4. General Provisions: The order clarifies that it does not affect existing legal authorities or the OMB Director’s functions. It also states that the order does not create any enforceable rights or benefits.

Issues

  1. Hyde Amendment Consistency: The order claims to uphold the Hyde Amendment, which has been a contentious issue. While the Hyde Amendment restricts federal funding for abortions, it does not outright ban federal programs from providing reproductive healthcare services. Critics argue that revoking the previous administration’s orders could limit access to essential healthcare services, particularly for low-income individuals who rely on federal programs.

  2. Impact on Reproductive Rights: By revoking Executive Orders 14076 and 14079, this order could significantly restrict access to abortion services, especially in states where such services are already limited. This move aligns with the Trump administration’s broader anti-abortion stance but may face legal challenges and public backlash from reproductive rights advocates.

  3. Implementation Challenges: The order delegates implementation to the OMB Director, which could lead to inconsistencies in how federal agencies interpret and apply the policy. This lack of specificity may create confusion and delays in enforcement.

  4. Legal and Ethical Concerns: The order does not create any enforceable rights, which means individuals or organizations cannot challenge it in court. This could raise ethical concerns about transparency and accountability in policymaking.

  5. Public Health Implications: Restricting access to reproductive healthcare services, including abortion, could have significant public health consequences. Studies have shown that limiting access to safe and legal abortions does not reduce the number of abortions but increases the likelihood of unsafe procedures, posing risks to women’s health.

This executive order reinforces the Trump administration’s commitment to restricting federal funding for elective abortions, aligning with the Hyde Amendment. However, it raises significant concerns about access to reproductive healthcare, potential legal challenges, and public health implications. The revocation of previous orders could disproportionately affect vulnerable populations, and the lack of enforceable rights may limit accountability.

ACTIONS

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1.

Purpose and Policy.

For nearly five decades, the Congress has annually enacted the Hyde Amendment and similar laws that prevent Federal funding of elective abortion, reflecting a longstanding consensus that American taxpayers should not be forced to pay for that practice. However, the previous administration disregarded this established, commonsense policy by embedding forced taxpayer funding of elective abortions in a wide variety of Federal programs.

It is the policy of the United States, consistent with the Hyde Amendment, to end the forced use of Federal taxpayer dollars to fund or promote elective abortion.

Sec. 2.

Revocation of Orders and Actions.

The following Executive Orders are hereby revoked:

(a) Executive Order 14076 of July 8, 2022; and

(b) Executive Order 14079 of August 3, 2022.

Sec. 3.

Implementation.

The Director of the Office of Management and Budget shall promulgate guidance to the heads of executive departments and agencies related to implementation of sections 1 and 2 of this order.

Sec. 4.

General Provisions.

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

© This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, January 24, 2025.