Thursday, March 10, 2022

Pro-Life Analysis of H.R. 2471, Fiscal Year 2022 Appropriations

Yesterday the House of Representatives considered H.R. 2471, the Consolidated Appropriations Act, 2022, in two divisions: Division 1 (divisions B, C, F, X, Z, and titles 2 and 3 of division N) and Division 2 (all remaining divisions). Division 1 passed the House by a vote of 361-69. Division 2 passed the House by a vote of 260-171, 1. (Full Bill Text)

Division 1 included Commerce, Justice, Science Appropriations and retained two instances of longstanding pro-life language. The rest of this analysis refers to Division 2.

This bill retains the longstanding, bipartisan status quo: the pro-life protections that have been the subject of consensus for decades were all retained, and funding of problematic funding streams was not increased. The $2 million earmark for Planned Parenthood Mar Monte was removed.


LONGSTANDING PRO-LIFE APPROPRIATIONS PROTECTIONS RETAINED:

Agriculture Appropriations

Page 109: EMBRYO PROTECTION — Ban on FDA approval for the creation or genetic modification of human embryos.

Commerce, Justice, and Science Appropriations

Page 201: ABORTION FUNDING FOR PRISONERS—Ban on abortion funding for federal prisoners, and conscience protection for prison employees.

Page 228: LEGAL SERVICES CORPORATION—Ban on Legal Services Corporation (LSC) funds going to organizations that engage in abortion-related litigation.

Financial Services and General Government Appropriations

Page 648: DORNAN AMENDMENT - DC FUNDING BAN—Ban on using appropriated funds (Federal or D.C. revenues) for abortion in the District of Columbia.

Page 592: SMITH AMENDMENT - FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM ABORTION FUNDING BAN—Ban on funding of abortions through the Federal Employee Health Benefits (FEHB) program, except in the instances of rape, incest or to save the life of the mother.

Page 620: FEHBP CONSCIENCE PROTECTION—Conscience protections for health care personnel and providers.

Page 647: DC CONSCIENCE INTENT OF CONGRESS—Intent of Congress that any DC imposed contraceptive mandate should include a conscience clause.

Labor, Health & Human Services Appropriations

Page 1107: HYDE AMENDMENT - DOMESTIC ABORTION FUNDING BAN—Bans federal funding of domestic abortions, except in cases of rape, incest or to save the life of the mother.

Page 1108: HYDE-WELDON AMENDMENT - ABORTION NON-DISCRIMINATION PROVISION—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.

Page 1109: DICKEY-WICKER AMENDMENT - EMBRYO-DESTRUCTIVE RESEARCH FUNDING BAN—ban on federal funding of harmful human embryo research.

Page 1034: 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.

Page 1034: 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.

Page 983: TITLE X FUNDING -- Level at $286 million.

Page 1025: TEEN PREGNANCY PREVENTION FUNDING – Level at $101 million

Page 1026: SEXUAL RISK AVOIDANCE FUNDING – Level at $35 million.

State, Foreign Operations Appropriations

Page 1300 and Page 1372: HELMS AMENDMENT - INTERNATIONAL ABORTION FUNDING BAN—language preventing foreign aid from being spent for abortion as a method of family planning or to motivate or coerce anyone to practice abortion or involuntary sterilization.

Page 1301: SILJANDER AMENDMENT- BAN ON ABORTION LOBBYING—language preventing federal funding from being used to lobby for or against abortion.

Page 1300: KEMP-KASTEN AMENDMENT- COERCIVE ABORTION—Allows the President to discontinue funding to organizations that support or participate in the management of a coercive abortion program.

Page 1301: TIAHRT AMENDMENT - ENSURING VOLUNTARY INTERNATIONAL FAMILY PLANNING PROGRAMS—Ensures that population control funds are only used in programs which are certified to be voluntary in every respect.

Page 1311: PEACE CORPS ABORTION FUNDING BAN—Language preventing Peace Corps money from being used to pay for abortion, except in cases of rape, incest, and to save the life of the mother.

Page 1546: HIV/AIDS NOTWITHSTANDING PROVISION—Allowed HIV/AIDS funds and other disease funds to be spent notwithstanding any other provision of law. This provision was modified to reference the provisions that govern the AIDS law (HR 1298) so that the money would be governed by existing pro-life riders that govern foreign aid.

Page 1546: FUNDING FOR THE UNITED NATIONS POPULATION FUND – Level funding at $575 million. This account can be a funding stream for organizations that promote and may even perform abortion.

Page 1544: FUNDING FOR THE UNITED NATIONS POPULATION FUND – Level funding at $32.5 million. Note that these funds are redirected to other maternal and reproductive health activities due to the Kemp-Kasten determination.

Page 1549: The bill makes available up to $200 million for the Gender Equity and Equality Action Fund. In June 2021, the Biden Administration stated that this fund was part of its strategy to “advance sexual and reproductive health and rights,” a common euphemism for abortion advocacy.


Page 1873: Division P (Subtitle D) contains funding for maternal health. Although it is protected by the Hyde amendment from paying for elective abortion, there is no protection against the funding being provided to organizations that perform abortion.

Page 1994: Division W contains a reauthorization of the Violence Against Women Act (VAWA). VAWA has been a consistent funding stream for Planned Parenthood through Services, Training, Officers, and Prosecutors (STOP) grants (CFDA #: 16.558). According to a 2021 GAO report, Planned Parenthood received $500,000 in VAWA grants from 2016-2018.

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