Enforcing the Hyde Amendment
Executive Order 14182, titled Enforcing the Hyde Amendment, directs federal agencies to operate in line with the Hyde Amendment policy—restricting federal funding for elective abortion. The order states the President’s policy is to end the use of federal taxpayer dollars to fund or promote elective abortion and revokes two 2022 executive orders (EO 14076 and EO 14079) that reportedly allowed broader use or funding in certain federal programs. It directs the Director of the Office of Management and Budget (OMB) to issue guidance to agency heads on implementing sections 1 and 2, and it emphasizes that the order must be implemented consistent with applicable law and available appropriations. The order also clarifies that it does not create any rights and does not alter the statutory authority or budgetary processes of agencies. In short, the order codifies a public-facing commitment to align federal funding practices with Hyde restrictions, removes certain 2022 guidance, and expects agencies to implement these restrictions through new guidance from the OMB, while staying within the bounds of existing law and funding.
Key Points
- 1Policy alignment with Hyde Amendment: The order articulates a national policy to prevent federal funding of elective abortion and to end the “forced” use of federal dollars for that purpose.
- 2Revocation of prior directives: It revokes EO 14076 (July 8, 2022) and EO 14079 (August 3, 2022), which had provided alternative or broader guidance related to abortion funding or promotion within federal programs.
- 3Implementation through OMB guidance: The Director of the Office of Management and Budget must promulgate guidance to heads of executive departments and agencies to implement sections 1 and 2.
- 4General provisions and limits: The order states it does not impair or alter existing statutory authorities or the Director of the OMB’s budgetary functions, and it must be implemented consistent with applicable law and appropriations.
- 5Non-creating of rights: The order explicitly says it does not create any enforceable rights or benefits in law or equity for any party.