Thursday, March 26, 2020

Pro-Life Analysis of the CARES Act

H.R. 748: CARES Act

The Hyde Amendment is included by reference in this bill several times, protecting hundreds of billions of dollars from funding abortion or abortion coverage:

Supplemental appropriations: The bill applies the pro-life protections (including the Hyde Amendment) in the most recently passed LHHS appropriations bill to the new supplemental discretionary health funding in Division B of H.R. 748. This includes the $100 billion appropriated to the Public Health and Social Services Emergency Fund to reimburse eligible health care providers for health care related expenses or lost revenues attributable to coronavirus.

SEC. 23003. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2020. (pg. 878)

The following funding is all Hyde-protected through reference to Public Law 116–94, the Further Consolidated Appropriations Act, 2020:

Extension and Funding for Health Programs: This bill extends funding for Community Health Centers, National Health Service Corps, and Teaching Health Centers through November 30, 2020 and appropriates additional funding to each of these programs. Hyde reference: Sec. 3831(d) on pg. 413

$1.3 billion appropriated for supplemental awards for health centers. Hyde reference: Sec. 3211(b) on pg. 236

$150 billion appropriated for coronavirus relief fund. Hyde reference: Sec. 5001 on pg. 606.

Planned Parenthood is excluded from loan assistance to small businesses and non-profits.

The bill provides funding for federally-guaranteed loans and forgiveness to small businesses and non-profits. It applies the Small Business Administration’s affiliation rules to determine whether nonprofits qualify for this assistance. Planned Parenthood, which has 16,000 employees nationwide if all affiliates are taken together, far exceeds the 500 employee threshold for nonprofits. That language may be found here:

Sec. 1102(D)(vi) AFFILIATION.—The provisions applicable to affiliations under section 121.103 of title 13, Code of Federal Regulations, or any successor thereto, shall apply with respect to a nonprofit organization and a veterans organization in the same manner as with respect to a small business concern. (pg.17)

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