By the authority vested in me as President by the Constitution and the laws of the United States of America, the following is hereby ordered:
Section 1. Policy. Almost 50 years ago, Roe v. Wade, 410 U.S. 113 (1973), the protection of women’s fundamental right to reproductive health care by the United States Constitution. These deeply private decisions should not be subject to government interference. Yet today, millions of women across the country are being denied their basic rights to privacy, autonomy, liberty and equality.
The elimination of the right recognized in Roe has had, and will continue to have, a devastating impact on women’s health and wider public health. Access to reproductive health services is now threatened for millions of Americans, particularly those living in states that ban or severely restrict abortion. Women’s health clinics are being forced to close — including clinics offering other preventive health services like contraception — leaving many communities without access to critical reproductive health services. Women who seek abortion treatment – particularly in low-income, rural and other underserved communities – must now travel to jurisdictions where the services remain legal regardless of the cost or risk.
In light of this health crisis, the federal government is taking action to protect health service delivery and promote access to critical reproductive health services, including abortion. It remains my administration’s policy to support women’s suffrage and to protect and defend reproductive rights. This is essential to justice, equality and our health, safety and progress as a nation.
Sec 2. Definitions. (a) The term “Agency” means any agency of the United States that is an “Agency” under 44 U.S.C. 3502(1), except for one that qualifies as an independent regulator within the meaning of 44 U.S.C. 3502(5).
(b) The term “reproductive health services” means medical, surgical, counseling or referral services related to the human reproductive system, including services related to pregnancy or pregnancy termination.
Sec. 3. Protection of Access to Reproductive Health Services. (a) Within 30 days of the date of this order, the Secretary of Health shall submit a report to the President:
(i) Identification of possible actions:
(A) to protect and expand access to abortion treatment, including medical abortion; and
(B) to otherwise protect and expand access to the full range of reproductive health services, including measures to improve family planning services, such as B. Access to emergency contraception;
(ii) Find ways to increase outreach and education about access to reproductive health services, including by launching a public awareness initiative to provide timely and accurate information about such access that:
(A) share information on how to obtain free or low-cost reproductive health services through Health Resources and Services Administration-funded health centers, Title X clinics, and other providers; and
(B) promoting awareness of and access to the full range of contraceptive services and information about your rights for those seeking or providing reproductive health services; and
(iii) Identify steps to ensure that all patients – including pregnant women and patients with miscarriages such as miscarriage and ectopic pregnancy – receive the full legal protections for emergency medical care, including considering updates to current guidance on obligations specific to emergency situations and Stabilizing Care per Emergency Medical Treatment and Labor Act, 42 U.S.C. 1395dd and providing data from the Department of Health and Human Services to implement those efforts.
(b) To promote access to reproductive health services, the Attorney General and Advisor to the President convene a meeting of private volunteer attorneys, bar associations, and public interest organizations to encourage advocates, patients, providers, and third parties who lawfully use these services search across the country.
Sec. 4. Privacy, Security and Protection. (a) To address potentially increased safety risks associated with the provision of reproductive health care services, the Attorney General and Secretary of Homeland Security shall consider measures that are reasonable and consistent with applicable law to protect the safety of patients, providers, and Third parties, as well as to protect the safety of clinics (including mobile clinics), pharmacies and other establishments that provide, dispense or provide reproductive and related healthcare services.
(b) To address potential threats to patient privacy caused by the transmission and sale of sensitive health information and digital surveillance associated with reproductive health services, and to protect individuals using reproductive health services from fraudulent or misleading schemes protect practices:
(i) The Chairman of the Federal Trade Commission (FTC) is encouraged to consider taking action, as appropriate and consistent with applicable law (including the Federal Trade Commission Act, 15 U.S.C. 41 et seq.), to protect consumer privacy seeking information about and providing reproductive health services.
(ii) The Secretary of Health and Human Services is considering action, including providing guidance under the Health Insurance Portability and Accountability Act, Public Law 104-191, 110 Stat. 1936 (1996) amended by Public Law 111-5, 123 Stat. 115 (2009) and other laws, as appropriate, to strengthen protections of sensitive information related to reproductive health services and to enhance patient and provider confidentiality.
(iii) The Secretary of Health and Human Services, in consultation with the Attorney General, is considering measures to educate consumers on how best to protect their health privacy and limit the collection and disclosure of their sensitive health-related information.
(iv) The Secretary of Health and Human Services, in consultation with the Attorney General and Chair of the FTC, is considering options to address deceptive or fraudulent practices related to reproductive health services, including online, and to protect access to accurate information.
Sec 5. Coordinate implementation efforts. (a) The Secretary of Health and Human Services and the Director of the Gender Policy Council shall establish and co-chair an interagency task force on access to reproductive health care (Task Force). Other members include the Attorney General and heads of other agencies appointed by the Secretary of Health and Human Services and the Director of the Equality Council. The task force works to identify and coordinate activities to protect and increase access to essential reproductive health care services. In addition, the task force coordinates federal interagency policy making, program development, and outreach to address barriers that individuals and organizations may encounter in seeking and providing reproductive health services. The Department of Health and Human Services provides financial resources and administrative support necessary for the task force’s performance and mission.
(b) The Attorney General shall provide, to the extent appropriate and consistent with applicable law, technical assistance relating to federal constitutional protections to states attempting to provide out-of-state legal protections to patients and providers offering legal reproductive health care.
Section 6. General Provisions. (a) Nothing in this Order shall be construed to affect or otherwise affect:
(i) the power delegated by law to an executive department or agency or their heads; or
(ii) the functions of the Director of the Office of Management and Budget in relation to budgetary, administrative or legislative proposals.
(b) This order will be implemented in accordance with applicable law and subject to the availability of funds.
(c) This order is not intended to, and will not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its department, agency or body, its officers or employees, or agents, or any other person.
JOSEPH R BIDEN JR
supreme command. A directive to executive branch officials, requiring them to take or cease action, change policy, change management practices, or accept delegation of authority. Presidential Proclamation.
Can executive orders be checked?
Like the acts of Congress, however, executive orders are subject to ex post scrutiny. Congress can pass legislation to invalidate measures taken in an executive order. However, that is unlikely if the President’s party also has a majority in Congress.
How can the orders of the President be verified? Ultimately, the President can request a review by the US Supreme Court (although the Supreme Court can decide whether or not to hear the case). When different circles reach different conclusions about the validity of an executive order, the U. To see also : YMCA presents the new Whole Health Coordinator | News, Sport, Work.S. Supreme Court is more likely to allow review to avoid confusion.
Are executive orders checked by other branches?
An executive order is a type of written directive that presidents use to enforce their will through the executive branch of government. Congressional and federal courts can vacate executive branch orders that exceed the scope of the President’s powers.
Are there any checks on the power of executive orders?
The executive branch can declare executive orders, which are like proclamations of law, but the judiciary can declare those acts unconstitutional. This may interest you : WHO: Monkeypox outbreak is not yet a global health emergency.
What is the president’s executive privilege?
Executive privilege is the right of the President of the United States and other members of the executive branch, under certain circumstances, to maintain confidential communications within the executive branch and to comply with subpoenas and other oversights by the legislature and the judiciary in. On the same subject : ‘Hit, kick, spit on’: Virginia health workers say they face more violence since pandemic…
Where are the boundaries of the executive branch? A PRESIDENT CANNOT . . .
- To make Laws or rules.
- declare war.
- decide how federal money is spent.
- interpret laws.
- Elect cabinet members or Supreme Court justices without Senate approval.
What is covered by executive privilege?
Former Attorney General Rogers, in laying out the Eisenhower administration’s position, identified five categories of executive privilege: (1) military and diplomatic secrets and foreign affairs, (2) legally confidential information, (3) information related to pending litigation, and investigative files, and …
Can an executive order override a law?
Executive orders allow presidents to make policy outside of the regular legislative process. While it is common for members of the opposing political party to call a president’s executive orders an excess of power, every president from George Washington to Donald Trump has done so.
Do enforcement orders have the force of law? Executive orders establish binding requirements for the executive branch and have the force of law. They are issued in respect of, and must comply with, an act passed by Congress or on the basis of powers conferred on the President in the Constitution.
Does an executive order supersede a law?
A: Generally no, but in exceptional cases (e.g. the lifting of an Executive Order affecting thousands of travelers and millions of people) it may be. Appeals from a federal court go to a U.S. Circuit Court in the federal district where the court that made the order or decision is located.
What power does an executive order have?
Under our system of government, the President’s authority to issue such orders (or engage in any other form of unilateral executive action) must derive from the Constitution or federal law. In other words, an executive order can be used to exercise power that the commander-in-chief already has.
What is an executive order and how is it related to the ordinance power?
Executive orders are a third source of regulatory authority. They rely on the President’s constitutional authority or powers expressly delegated by Congress. Particularly bold were the directives of President Franklin D. Roosevelt in 1941-43; without legal authority he confiscated works, mines and enterprises.
What does an enforcement order do? The executive order commits to ensuring the safety of abortion patients and providers, including setting up mobile clinics near the borders of states that restrict access to abortions. It’s also trying to bring together private, volunteer attorneys to support people crossing state lines to get an abortion.
What is an executive order and what two sources grant the President the ordinance power?
An executive order is a written statement issued by the President to “direct or direct the acts of any executive agency or government official, or to establish policies that the executive branch shall follow.” It is signed by the President, approved by the Office of Management and Budget, and the Attorney General and is…
How is it related to the ordinance power?
What is regulatory power and where does it come from? -An executive order is a directive, rule or regulation that has the force of law. – The power to make these orders, the executive order, comes from two sources: the Constitution and the laws of Congress.
What is an executive order and in what ways does it give?
An executive order is a type of written directive that presidents use to enforce their will through the executive branch of government. Congressional and federal courts can vacate executive branch orders that exceed the scope of the President’s powers.
