By the authority vested in me as President by the Structure and the legal guidelines of the US of America, it is hereby ordered as follows:
Part 1. Coverage. Almost 50 years in the past, Roe v. Wade, 410 U.S. 113 (1973), articulated the US Structure’s safety of ladies’s elementary proper to make reproductive healthcare choices. These deeply non-public choices shouldn’t be topic to authorities interference. But as we speak, elementary rights — to privateness, autonomy, freedom, and equality — have been denied to tens of millions of ladies throughout the nation.
Eliminating the correct acknowledged in Roe has already had and can proceed to have devastating implications for girls’s well being and public well being extra broadly. Entry to reproductive healthcare providers is now threatened for tens of millions of People, and particularly for individuals who dwell in States which might be banning or severely proscribing abortion care. Ladies’s well being clinics are being compelled to shut — together with clinics that supply different preventive healthcare providers reminiscent of contraception — leaving many communities with out entry to important reproductive healthcare providers. Ladies looking for abortion care — particularly these in low-income, rural, and different underserved communities — now need to journey to jurisdictions the place providers stay authorized however the associated fee or dangers.
Within the face of this well being disaster, the Federal Authorities is taking motion to guard healthcare service supply and promote entry to important reproductive healthcare providers, together with abortion. It stays the coverage of my Administration to assist ladies’s proper to decide on and to guard and defend reproductive rights. Doing so is crucial to justice, equality, and our well being, security, and progress as a Nation.
Sec. 2. Definitions. (a) The time period “company” means any authority of the US that’s an “company” beneath 44 U.S.C. 3502(1), apart from one thought-about to be an unbiased regulatory company, as outlined in 44 U.S.C. 3502(5).
(b) The time period “reproductive healthcare providers” means medical, surgical, counseling, or referral providers referring to the human reproductive system, together with providers referring to being pregnant or the termination of a being pregnant.
Sec. 3. Defending Entry to Reproductive Healthcare Companies. (a) Inside 30 days of the date of this order, the Secretary of Well being and Human Companies shall submit a report back to the President:
(i) figuring out potential actions:
(A) to guard and increase entry to abortion care, together with medicine abortion; and
(B) to in any other case defend and increase entry to the total vary of reproductive healthcare providers, together with actions to reinforce household planning providers reminiscent of entry to emergency contraception;
(ii) figuring out methods to extend outreach and training about entry to reproductive healthcare providers, together with by launching a public consciousness initiative to offer well timed and correct details about such entry, which shall:
(A) share details about easy methods to acquire free or lowered value reproductive healthcare providers via Well being Assets and Companies Administration-Funded Well being Facilities, Title X clinics, and different suppliers; and
(B) embody selling consciousness of and entry to the total vary of contraceptive providers, in addition to know-your-rights info for these looking for or offering reproductive healthcare providers; and
(iii) figuring out steps to make sure that all sufferers ‑- together with pregnant ladies and people experiencing being pregnant loss, reminiscent of miscarriages and ectopic pregnancies — obtain the total protections for emergency medical care afforded beneath the legislation, together with by contemplating updates to present steerage on obligations particular to emergency circumstances and stabilizing care beneath the Emergency Medical Therapy and Labor Act, 42 U.S.C. 1395dd, and offering information from the Division of Well being and Human Companies regarding implementation of those efforts.
(b) To advertise entry to reproductive healthcare providers, the Lawyer Basic and the Counsel to the President shall convene a gathering of personal professional bono attorneys, bar associations, and public curiosity organizations with the intention to encourage attorneys to characterize and help sufferers, suppliers, and third events lawfully looking for these providers all through the nation.
Sec. 4. Defending Privateness, Security, and Safety. (a) To handle potential heightened security and safety dangers associated to the supply of reproductive healthcare providers, the Lawyer Basic and the Secretary of Homeland Safety shall take into account actions, as acceptable and in line with relevant legislation, to make sure the security of sufferers, suppliers, and third events, and to guard the safety of clinics (together with cellular clinics), pharmacies, and different entities offering, dishing out, or delivering reproductive and associated healthcare providers.
(b) To handle the potential menace to affected person privateness brought on by the switch and sale of delicate health-related information and by digital surveillance associated to reproductive healthcare providers, and to guard folks looking for reproductive well being providers from fraudulent schemes or misleading practices:
(i) The Chair of the Federal Commerce Fee (FTC) is inspired to think about actions, as acceptable and in line with relevant legislation (together with the Federal Commerce Fee Act, 15 U.S.C. 41 et seq.), to guard shoppers’ privateness when looking for details about and provision of reproductive healthcare providers.
(ii) The Secretary of Well being and Human Companies shall take into account actions, together with offering steerage beneath the Well being Insurance coverage Portability and Accountability Act, Public Regulation 104-191, 110 Stat. 1936 (1996) as amended by Public Regulation 111-5, 123 Stat. 115 (2009), and another statutes as acceptable, to strengthen the safety of delicate info associated to reproductive healthcare providers and bolster patient-provider confidentiality.
(iii) The Secretary of Well being and Human Companies shall, in session with the Lawyer Basic, take into account actions to coach shoppers on how greatest to guard their well being privateness and restrict the gathering and sharing of their delicate health-related info.
(iv) The Secretary of Well being and Human Companies shall, in session with the Lawyer Basic and the Chair of the FTC, take into account choices to handle misleading or fraudulent practices associated to reproductive healthcare providers, together with on-line, and to guard entry to correct info.
Sec. 5. Coordinating Implementation Efforts. (a) The Secretary of Well being and Human Companies and the Director of the Gender Coverage Council shall set up and co-chair an Interagency Job Drive on Reproductive Healthcare Entry (Job Drive). Further members shall embody the Lawyer Basic and the heads of different businesses as decided by the Secretary of Well being and Human Companies and the Director of the Gender Coverage Council. The Job Drive shall work to establish and coordinate actions to guard and strengthen entry to important reproductive healthcare providers. As well as, the Job Drive shall coordinate Federal interagency policymaking, program growth, and outreach efforts to handle boundaries that people and entities could face in looking for and offering reproductive healthcare providers. The Division of Well being and Human Companies shall present funding and administrative assist as could also be crucial for the efficiency and features of the Job Drive.
(b) The Lawyer Basic shall present technical help, as acceptable and in line with relevant legislation, regarding Federal constitutional protections to States looking for to afford authorized safety to out-of-State sufferers and suppliers who provide authorized reproductive healthcare.
Sec. 6. Basic Provisions. (a) Nothing on this order shall be construed to impair or in any other case have an effect on:
(i) the authority granted by legislation to an govt division or company, or the pinnacle thereof; or
(ii) the features of the Director of the Workplace of Administration and Price range referring to budgetary, administrative, or legislative proposals.
(b) This order shall be carried out in line with relevant legislation and topic to the provision of appropriations.
(c) This order shouldn’t be supposed to, and doesn’t, create any proper or profit, substantive or procedural, enforceable at legislation or in fairness by any social gathering in opposition to the US, its departments, businesses, or entities, its officers, workers, or brokers, or another individual.
JOSEPH R. BIDEN JR.
THE WHITE HOUSE,
July 8, 2022.
