Enforcing the Hyde Amendment
Signed: January 24, 2025
Published: January 31, 2025
Document Number: 2025-02175
📋Summary
This executive order aims to stop federal funds from being used to pay for or promote elective abortions, aligning federal programs with the Hyde Amendment’s long-standing limits on abortion funding. It affects federal agencies and any federal programs where funding rules could allow elective abortion-related spending. It revokes two prior executive orders (14076 and 14079) and directs the Office of Management and Budget to issue guidance to agencies on how to carry out this change. It also states that implementation must follow existing law and available funding, and it does not create new legal rights for individuals or organizations.
💼Business Impact
This order most directly affects healthcare providers (hospitals, clinics, telehealth, reproductive health providers), health insurers/TPAs, Medicaid/CHIP managed-care plans, and any organization receiving federal grants or contracts that could be interpreted as funding or “promoting” elective abortion (including some nonprofits, universities, and public health programs). Expect OMB guidance to drive new compliance conditions in federal funding streams—e.g., tighter cost-allocation rules, certification/attestation requirements, revised grant terms, and increased audit scrutiny to ensure no federal dollars support elective abortion services outside existing Hyde exceptions. Businesses should immediately (1) inventory all federal funding and pass-through funds, (2) review benefit designs and reimbursement policies for potential federal-funding entanglement, and (3) prepare to update accounting segregation, subcontractor clauses, and staff procedures once OMB and agency-specific guidance is issued; providers and insurers should also assess revenue exposure and consider alternative funding mechanisms for services that may no longer be reimbursable with federal dollars.
Full Text
Executive Order 14182 of January 24, 2025
Enforcing the Hyde Amendment
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1 . Purpose and Policy. For nearly five decades, the Congress has annually enacted the Hyde Amendment and similar laws that prevent Federal funding of elective abortion, reflecting a longstanding consensus that American taxpayers should not be forced to pay for that practice. However, the previous administration disregarded this established, commonsense policy by embedding forced taxpayer funding of elective abortions in a wide variety of Federal programs.
It is the policy of the United States, consistent with the Hyde Amendment, to end the forced use of Federal taxpayer dollars to fund or promote elective abortion.
Sec. 2 . Revocation of Orders and Actions. The following Executive Orders are hereby revoked:
(a) Executive Order 14076 of July 8, 2022; and
(b) Executive Order 14079 of August 3, 2022.
Sec. 3 . Implementation. The Director of the Office of Management and Budget shall promulgate guidance to the heads of executive departments and agencies related to implementation of sections 1 and 2 of this order.
Sec. 4 . General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
( printed page 8752)(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE,
January 24, 2025.