Monday, July 12, 2021

Pro-Life report on Labor, Health and Human Services, Education Appropriations bill subcommittee markup

This morning, the House Appropriations Labor, Health and Human Services, Education, and Related Agencies (LHHS) Subcommittee considered the FY2022 LHHS Appropriations bill. It was passed by voice vote.

The following longstanding pro-life provisions have been removed from the final text.

DOMESTIC FUNDING BAN (HYDE)—bans federal funding of domestic abortions, except in cases of rape, incest or to save the life of the mother. (enacted in various forms in FYs 1976-2021)

ABORTION NON-DISCRIMINATION PROVISION (HYDE-WELDON)—provides conscience protection for health care entities by preventing HHS funding recipients from discriminating against health care providers because they refuse to provide, pay for, or refer for abortion. (Enacted FY 2005-2021)





Title II, Department of Health and Human Services. (pg. 57)

Problematic referral provisions from the Title X proposed rule are added in as requirements for the Title X funding stream.

All patients under title X of the PHS Act with a positive pregnancy test shall be given the opportunity to be provided information and counseling regarding (1) prenatal care and delivery; (2) infant care, foster care, and adoption; and (3) pregnancy termination:

Provided further, That if such a patient requests information specified in the preceding proviso, such patient shall be provided with neutral, factual information and nondirective counseling on each such option, including referral upon request, except with respect to any option about which the patient indicates no interest in receiving such information and counseling.

Title X grantees are required to provide the full range of contraceptive methods approved by the FDA (including abortifacient contraception.)


EMBRYO-DESTRUCTIVE RESEARCH FUNDING BAN (DICKEY-WICKER)—ban on federal funding of harmful human embryo research. (Enacted in FYs 1996-2021). Title II, General Provisions, Sec. 506 (pg. 187)

MEDICARE ADVANTAGE CONSCIENCE PROTECTION—conscience protection for health care entities under the Medicare ADVANTAGE program to ensure that they will not be discriminated against in state and federal programs if they refuse to provide abortions. (Enacted FY 1999-2021). Title II, Department of Health and Human Services, Sec. 209, (pg. 112)

ABUSE REPORTING—provision stating that Title X grantees are not exempt from state reporting laws on child abuse, child molestation, sexual abuse, rape or incest. (Enacted FY 1999-2021). Title II, Department of Health and Human Services, Sec. 208, (pg. 112).


Title X Funding: Increase to $400 million. The FY2021 funding level was $286,479,000. The President’s Budget Request was $340 million.

Teen Pregnancy Prevention Funding: Increase to $131 million. The FY2021 funding level was $101 million. This was the same amount requested by the President’s Budget Request.

Sexual Risk Avoidance Funding has been eliminated. In FY2021, this program was funded at $35 million. The President’s Budget also requested this amount.

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