Tag Archives: reproductive rights

FACT SHEET: In SOTU, Biden Continues the Fight for Reproductive Freedom, Calls on Congress to Restore Protections Under Roe

New Yorkers protest against the fall of reproductive freedom. Following the radical religious Supreme Court’s overturn of reproductive freedom under Roe with its Dobbs decision, dozens of states immediately instituted abortion bans, hundreds of laws have been introduced to restrict access to reproductive health care and to establish “personhood” of embryos. Biden-Harris has attempted to push back with federal actions to protect reproductive freedom © Karen Rubin/news-photos-features.com

The White House provided this fact sheet updating efforts by the Biden-Harris Administration to protect women’s reproductive freedom in the face of the ongoing assault from states and courts dominated by the religious right. The devastating impacts on the lives of women and families has been clear – most recently in Alabama’s use of “personhood” to elevate the “rights” of a frozen embryo over the mother and inject government control over her life and future. And Biden’s forceful whole-of-government approach is in contrast to the presumed Republican nominee, Trump’s, promise of instituting a national abortion ban of 15 or 16 weeks, Trump is not sure yet which number sounds better, and prosecuting women who try to assert their reproductive freedom.—Karen Rubin, [email protected]

Nearly two years after the Supreme Court overturned Roe v. Wade and the constitutional right to choose, millions of Americans are living under extreme state abortion bans. These dangerous laws are putting women’s health and lives at risk and threatening doctors with jail time, including life in prison, for providing the health care they have been trained to provide. And Republicans’ extreme out-of-touch agenda has put access to fertility treatments at risk for families who are desperately trying to get pregnant.
 
Tonight, Kate Cox and Latorya Beasley will join the First Lady as her guests at the State of the Union. Kate, a mother of two from Texas, has experienced the devastating consequences of state abortion bans and courageously spoke out about her experience seeking the care she needed to preserve her health—becoming one of the first women in 50 years to have to turn to the courts to ask permission to receive the abortion that her doctor recommended. She, like too many other women across the country, was ultimately forced to travel out of state for care that she would have been able to receive if Roe v. Wade were still the law of the land.
 
After a ruling from the Alabama Supreme Court put access to in vitro fertilization (IVF) on pause in much of the state, Latorya and her husband, who had been preparing for another round of IVF, learned that their embryo transfer was abruptly canceled. This heartbreaking setback in her and her husband’s journey to have their second child through IVF is yet another example of how the overturning of Roe v. Wade has disrupted access to reproductive health care for women and families across the country.
 
President Biden and Vice President Harris believe that stories like Kate’s and Latorya’s should never happen in America. But Republican elected officials want to impose this reality on women nationwide. They are doubling down on their assault on fundamental freedoms by proposing ever-more extreme bans in states and three national abortion bans in Congress. And, just last week, Senate Republicans blocked a vote to safeguard nationwide access to IVF. Their ongoing disregard for women’s ability to make these decisions for themselves and their families is outrageous and unacceptable.
 
In his State of the Union Address, President Biden will again call on Congress to restore the protections of Roe v. Wade in federal law so women in every state have the freedom to make deeply personal health care decisions. And the Biden-Harris Administration will continue to take executive action to protect access to reproductive health care, including through ongoing implementation of the President’s three Executive Orders and a Presidential Memorandum issued since the Court overturned Roe v. Wade. To date, the Administration has taken action to:

  • Protect access to abortion, including FDA-approved medication abortion;
  • Defend access to emergency medical care;
  • Support the ability to travel for reproductive health care;
  • Strengthen access to high-quality, affordable contraception;
  • Safeguard the privacy of patients and health care providers; and
  • Ensure access to accurate information and legal resources.

Protect Access to Abortion, Including FDA-Approved Medication Abortion
 
The Administration will continue fighting to protect a woman’s ability to access abortion care, including by defending access to FDA-approved, safe and effective medication abortion. The Administration will continue to:

  • Protect Access to Safe and Legal Medication Abortion.  On what would have been the 50th anniversary of Roe v. Wade, President Biden issued a Presidential Memorandum directing agencies to consider further efforts to support patients, providers, and pharmacies who wish to legally access, prescribe, or provide medication abortion. This Presidential Memorandum followed independent, evidence-based action taken by the Food and Drug Administration (FDA) to allow mifepristone to be prescribed by telehealth and sent by mail as well as to enable interested pharmacies to become certified to dispense the medication. As a result of the new pathway established by FDA, many pharmacies across the country—including major retail pharmacy chains—are now certified to dispense medication abortion. This new option gives many women the option to pick up their prescription for medication abortion at a local, certified pharmacy just as they would for any other medication.
     
  • Defend FDA Approval of Medication Abortion in Court.  FDA and the Department of Justice (DOJ) are defending access to mifepristone—a safe and effective drug used in medication abortion that FDA first approved more than twenty years ago—and FDA’s independent, expert judgment in court, including in a lawsuit before the Supreme Court that attempts to curtail access nationwide. The Administration will continue to stand by FDA’s decades-old approval and regulation of the medication as well as FDA’s ability to review, approve, and regulate a wide range of prescription medications. Efforts to impose outdated restrictions on mifepristone would limit access to this critical medication in every state in the country.
     
  • Partner with State Leaders on the Frontlines of Abortion Access.  The White House continues to partner with leaders on the frontlines of protecting access to abortion—both those fighting extreme state legislation and those advancing proactive policies to protect access to reproductive health care, including for patients who are forced to travel out of state for care. The Vice President has led these efforts, traveling to 20 states and meeting with more than 250 state legislators, health care providers, and advocates in the past year. And, on what would have been the 51st anniversary of Roe, the Vice President launched her nationwide Fight for Reproductive Freedoms tour to continue fighting back against extreme attacks throughout America.
     
  • Provide Access to Reproductive Health Care for Veterans.  The Department of Veterans Affairs (VA) issued a final rule to allow VA to provide abortion counseling and, in certain circumstances, abortion care to veterans and VA beneficiaries. Under this rule, VA provides abortion services when the health or life of the patient would be endangered if the pregnancy were carried to term or when the pregnancy is a result of rape or incest. When working within the scope of their federal employment, VA employees may provide abortion services as authorized by federal law regardless of state restrictions. 
     
  • Support Access to Care for Service Members.  The Department of Defense (DoD) has taken action to ensure that Service members and their families can access reproductive health care and that DoD health care providers can operate effectively. DoD released policies to support Service members and their families’ ability to travel for lawful reproductive health care, including abortion care and assisted reproductive technology services, and to bolster Service members’ privacy and afford them the time and space needed to make personal health care decisions.

Defend Access to Emergency Medical Care
 
All patients, including women experiencing pregnancy loss and other pregnancy-related emergencies, must be able to access the emergency medical care required by federal law. The Administration will continue to:

  • Defend Access to Emergency Abortion Care.  Republican elected officials have put women’s lives at risk by banning abortion even when a doctor determines that an abortion is necessary to prevent serious health consequences. The Administration is committed to ensuring that women who are experiencing pregnancy loss and other pregnancy-related emergencies have access to the full rights and protections for emergency medical care afforded under the Emergency Medical Treatment and Labor Act (EMTALA)—including abortion care when that is the stabilizing treatment required. The Department of Health and Human Services (HHS) issued guidance and Secretary Becerra sent letters to providers affirming the Administration’s view that EMTALA preempts conflicting state law restricting access to abortion in emergency situations. The DOJ has taken action defend and enforce that interpretation before the Supreme Court, which is expected to rule by June.
     
  • Educate Patients and Health Care Providers on Their Rights and Obligations for Emergency Medical Care. To increase awareness of EMTALA and improve the procedures for ensuring that patients facing all types of medical emergencies receive the care to which they are entitled, HHS issued a comprehensive plan to educate all patients about their rights and to help ensure hospitals meet their obligations under federal law. This effort included the launch of new accessible and understandable resources about rights and protections for patients under EMTALA and the process for submitting a complaint. HHS will also disseminate training materials for health care providers and establish a dedicated team of experts who will increase the Department’s capacity to support hospitals and providers across the country in complying with federal requirements—to help ensure that every patient receives the emergency medical care required under federal law.

Support the Ability to Travel for Reproductive Health Care
 
Women must be able to cross state lines to access legal reproductive health care. In the face of threats to the constitutional right to travel, the Administration will continue to:

  • Defend the Right to Travel.  On the day the Supreme Court overturned Roe v. Wade, President Biden reaffirmed the Attorney General’s statement that women must remain free to travel safely to another state to seek the care they need. In November 2023, DOJ filed a statement of interest in two lawsuits challenging the Alabama Attorney General’s threat to prosecute people who provide assistance to women seeking lawful out-of-state abortions. DOJ explained that the threatened Alabama prosecutions infringe the constitutional right to travel and made clear that states may not punish third parties for assisting women in exercising that right. DOJ continues to monitor states’ efforts to restrict the constitutional right to travel across state lines to receive lawful health care.  
     
  • Support Patients Traveling Out of State for Medical Care.  HHS issued a letter to U.S. governors inviting them to apply for Section 1115 waivers to expand access to care under the Medicaid program for women traveling from a state where reproductive rights are under attack and women may be denied medical care. HHS continues to review pending waiver applications and encourage state leaders to develop new waiver proposals that would support access to reproductive health care services.

Strengthen Access to High-Quality, Affordable Contraception
 
Contraception is an essential component of reproductive health care and has only become more important in the wake of the overturning of Roe v. Wade. In addition to FDA’s approval of the first daily oral contraceptive for over-the-counter use, the Administration will continue to:

  • Strengthen Access to Affordable, High-Quality Contraception.  Ahead of the one-year anniversary of the Supreme Court’s decision to overturn Roe v. Wade, the President issued an Executive Order directing agencies to consider actions to improve access and affordability for women with private health insurance; bolster access across Federal health programs; promote access to over-the-counter contraception; and further support access for Service members, veterans, Federal employees, and college students. Recent actions taken to implement this Executive Order include:
    • The Departments of the Treasury, Labor, and HHS issued new guidance to clarify standards and support expanded coverage of a broader range of FDA-approved contraceptives at no cost under the Affordable Care Act. This action builds on guidance issued in July 2022 to clarify protections for contraceptive coverage under the Affordable Care Act.
    • The Office of Personnel Management strengthened access to contraception for federal workers, retirees, and family members by issuing guidance to insurers participating in the Federal Employee Health Benefits Program that incorporates the Departments’ guidance. OPM has also newly required insurers that participate in the Federal Employee Health Benefits Program to take additional steps to educate enrollees about their contraception benefits.
    • The Secretary of HHS issued a letter to private health insurers, state Medicaid programs and state Children’s Health Insurance Programs, and Medicare plans about their obligations to cover contraception for those they serve. The letter targets a wide range of payers to advance compliance with existing standards and underscore the Administration’s commitment to ensuring that women across the country can access affordable contraception.
    • The Departments of the Treasury, Labor, and HHS issued a Request for Information to solicit public input on how to best ensure coverage and access to over-the-counter preventive services, including contraception, at no cost and without a prescription from a health care provider.
    • Vice President Harris and the Department of Education convened representatives from 68 college and university leaders in 32 states to hear promising strategies from leaders of postsecondary institutions for protecting and expanding access to contraception for their students and on campus.
    • The Gender Policy Council, Domestic Policy Council, and leaders from the Departments of the Treasury, Labor, and HHS called on private sector leaders to take robust additional actions to further expand access to contraception.
    • The Gender Policy Council and the Department of Health and Human Services joined a convening focused on strategies to expand the role of pharmacies and pharmacists in promoting access to contraception and breaking down barriers for consumers.
       
  • Expand Access to More Women Under the Affordable Care Act.  The Departments of the Treasury, Labor, and HHS proposed a rule to help ensure that all women with private health coverage who need and want contraception can obtain it without cost sharing as guaranteed under the Affordable Care Act. Millions of women have already benefited from this coverage, which has helped them save billions of dollars on contraception.
     
  • Support Access to Family Planning Services Through Title X Clinics.  HHS has strengthened access to care through Title X clinics, which have played a critical role in ensuring access to a broad range of high-quality family planning and preventive health services for more than 50 years. HHS provided funds to help these safety net clinics deliver equitable, affordable, client-centered, and high-quality family planning services and provide training and technical assistance for Title X clinics. Last year, HHS provided $263 million to over 4,000 Title X clinics across the country to provide a wide range of voluntary, client-centered family planning and related preventive services. The Title X Family Planning Program remains a critical part of the nation’s safety net, providing free or low-cost services for 2.6 million clients in 2022.
     
  • Promote Access to Contraception for Service Members and Their Families and Certain Dependents of Veterans.  To improve access to contraception at military hospitals and clinics, DoD expanded walk-in contraceptive care services for active-duty Service members and other Military Health System beneficiaries, and eliminated TRICARE copays for certain contraceptive services. And VA proposed a rule to eliminate out-of-pocket costs for certain types of contraception through the Civilian Health and Medical Program of the Department of Veterans Affairs.

Safeguard the Privacy of Patients and Health Care Providers
 
The Administration is committed to safeguarding sensitive health information and strengthening privacy protections for women and health care providers. The Administration will continue to:

  • Strengthen Reproductive Health Privacy under HIPAA.  HHS issued a proposed rule to strengthen privacy protections under the Health Insurance Portability and Accountability Act (HIPAA). As proposed, this rule would prevent an individual’s information from being disclosed to investigate, sue, or prosecute an individual, a health care provider, or a loved one simply because that person sought, obtained, provided, or facilitated legal reproductive health care, including abortion. By safeguarding sensitive information related to reproductive health care, the rule will strengthen patient-provider confidentiality and help health care providers give complete and accurate information to patients. Prior to the proposed ruleHHS issued guidance reaffirming HIPAA’s existing protections for the privacy of individuals’ protected health information.
     
  • Take Action Against Illegal Use and Sharing of Sensitive Health Information.  The Federal Trade Commission (FTC) has committed to enforcing the law against illegal use and sharing of highly sensitive data, including information related to reproductive health care. Consistent with this commitment, the FTC has taken several enforcement actions against companies for disclosing consumers’ personal health information, including highly sensitive reproductive health data, without permission.
     
  • Help Consumers Protect Their Personal Data.  The Federal Communications Commission (FCC) launched a guide for consumers on best practices for protecting their personal data, including geolocation data, on mobile phones. The guide follows a proposed rule that would strengthen data breach rules to provide greater protections to personal data. Separately, HHS issued a how-to guide for consumers on steps they can take to better protect their data on personal cell phones or tablets and when using mobile health apps, like period trackers, which are generally not protected by HIPAA.
     
  • Protect Students’ Health Information.  The Department of Education (ED) issued guidance to over 20,000 school officials to remind them of their obligations to protect student privacy under the Family Educational Rights and Privacy Act. The guidance helps ensure that school officials—at federally funded school districts, colleges, and universities—know that, with certain exceptions, they must obtain written consent from eligible students or parents before disclosing personally identifiable information from students’ educational records, which may include student health information. The guidance encourages school officials to consider the importance of student privacy, including health privacy, with respect to disclosing student records. ED also issued a know-your-rights resource to help students understand their privacy rights for health records at school. 
     
  • Safeguard Patients’ Electronic Health Information.  HHS issued guidance and a final rule affirming that doctors and other medical providers can take steps to protect patients’ electronic health information, including their information related to reproductive health care. HHS makes clear that patients have the right to ask that their electronic health information generally not be disclosed by a physician, hospital, or other health care provider. The guidance also reminds health care providers that HIPAA’s privacy protections apply to patients’ electronic health information.

Ensure Access to Accurate Information and Legal Resources
 
The Supreme Court’s decision to overturn Roe v. Wade has led to chaos and confusion. To help ensure that Americans have access to accurate information about their rights, the Administration will continue to:

  • Ensure Easy Access to Reliable Information.  HHS launched and maintains ReproductiveRights.gov, which provides timely and accurate information on people’s right to access reproductive health care, including contraception, abortion services, and health insurance coverage, as well as how to file a patient privacy or nondiscrimination complaint. DOJ also launched justice.gov/reproductive-rights, a webpage that provides a centralized online resource on the Department’s ongoing work to protect access to reproductive health care services under federal law.
     

Hosted a Convening of Lawyers in Defense of Reproductive Rights.  DOJ and the Office of White House Counsel convened more than 200 lawyers and advocates from private firms, bar associations, legal aid organizations, reproductive rights groups, and law schools across the country for a convening of pro-bono attorneys, as directed in the first Executive Order. Following this convening, reproductive rights organizations launched the Abortion Defense Network to offer abortion-related legal defense services, including legal advice and representation.

FACT SHEET: Biden Issues Executive Order on Strengthening Access to Contraception

“My Body My Business.” New Yorkers protest for women’s reproductive freedom © Karen Rubin/news-photos-features.com

On the one-year anniversary since the radical rightwing majority on the Supreme Court overturned women’s constitutional rights to reproductive freedom under Roe v. Wade, President Biden issued an Executive Order on Strengthening Access to Affordable, High-Quality Contraception and Family Planning Services. This was the third Executive Order on reproductive health care access that the President has signed since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, and the first focused specifically on protecting and expanding access to contraception. “Contraception is an essential component of reproductive health care that has only become more important in the wake of Dobbs and the ensuing crisis in women’s access to health care,” the White House stated in a fact sheet detailing the Executive Order.

There is concern that just as the anti-reproductive freedom groups have gone after medication abortion, they may also go after contraception, something that Justice Clarence Thomas suggested he was amenable to do in declaring prior decisions open to “reconsideration.”

Meanwhile, the Federal Drug Administration gave approval for the first over-the-counter sale of a contraceptive pill without a doctor’s prescription. – Karen Rubin/news-photos-features.com

Through today’s Executive Order, the President announced actions to:

  • Improve Contraception Access and Affordability for Women with Private Health Insurance.  The Executive Order directs the Secretaries of the Treasury, Labor, and Health and Human Services (HHS) to consider new guidance to ensure that private health insurance under the Affordable Care Act covers all Food and Drug Administration-approved, -granted, or -cleared contraceptives without cost sharing and to streamline the process for obtaining care women need and want. This action will build on the progress already made under the Affordable Care Act by further reducing barriers that women face in accessing contraception prescribed by their provider.
    • Promote Increased Access to Over-the-Counter Contraception. The Executive Order directs the Secretaries of the Treasury, Labor, and HHS to consider new actions to improve access to affordable over-the-counter contraception, including emergency contraception. These actions could include convening pharmacies, employers, and insurers to discuss opportunities to expand access to affordable over-the-counter-contraception; identifying promising practices regarding the coverage of over-the-counter contraception at no cost to patients; and providing guidance to support seamless coverage of over-the-counter contraception.
       
    • Support Family Planning Services and Supplies through the Medicaid Program. The Executive Order directs the Secretary of HHS to consider new actions that expand access to affordable family planning services and supplies across the Medicaid program—such as sharing best practices for State Medicaid programs on providing high-quality family planning services and supplies, including through Medicaid managed care.
       
    • Improve the Coverage of Contraception through the Medicare Program. To improve coverage and payment for contraceptives for Medicare beneficiaries, the Executive Order directs the Secretary of HHS to consider new actions to strengthen the coverage of contraception through Medicare Advantage and Medicare Part D plans. This action will help ensure that Medicare beneficiaries, especially women of reproductive age with disabilities, can access contraception without unnecessary barriers.
       
    • Support Access to Contraception for Service Members, Veterans, and Federal Employees. The Executive Order directs the Secretary of Defense, the Secretary of Veterans Affairs, and the Director of the Office of Personnel Management to consider new actions to ensure robust coverage of contraception for Service members, veterans, and Federal employees and ensure that they and their families understand how to access these benefits. These actions will build on the steps that these agencies have already taken to bolster access to contraception for those they serve.
       
    • Bolster Contraception Access Across Federally-Supported Health Care Programs. The Executive Order directs the Secretary of HHS to consider encouraging Federally-supported health care and human services entities—such as Title X family planning clinics, community health centers, and the Indian Health Service—to expand the availability and quality of contraception access for those they serve. Actions could include issuing new guidance, technical assistance, and training resources so that providers in these programs understand their obligations under Federal law, including to provide culturally and linguistically appropriate family planning services.
       
    • Support Access to Affordable Contraception for Employees and College Students. The Executive Order directs the Secretary of Labor to identify and share best practices for employers and insurers in making affordable, high-quality contraception available to employees. To help bolster access for college and university students, the Executive Order directs the Secretary of Education to convene institutions of higher education to share best practices and ways to make sure that students understand their options for accessing contraception.
       
    • Promote Research and Data Analysis on Contraception Access.  To document the gaps and disparities in contraception access as well as the benefits of comprehensive coverage, the Executive Order directs the Secretary of HHS to support research, data collection, and data analysis on contraception access and family planning services.

The announcements build on actions that the Biden-Harris Administration has already taken to protect access to contraception, including in response to two prior Executive Orders directing actions to safeguard access to reproductive health care services. The Administration has taken action to:

  • Clarify Protections for Women with Private Health Insurance. Under the Affordable Care Act, most private health plans must provide contraception and family planning counseling with no out-of-pocket costs. The Departments of the Treasury, Labor, and HHS convened a meeting with health insurers and employee benefit plans. These agencies called on the industry to meet their obligations to cover contraception as required under the law. Following this conversation, these agencies issued guidance to clarify protections for contraceptive coverage under the Affordable Care Act.
    • Expand Access Under the Affordable Care Act. The Departments of the Treasury, Labor, and HHS proposed a rule to strengthen access to contraception under the Affordable Care Act so all women who need and want contraception can obtain it. Millions of women have already benefited from this coverage, which has helped them save billions of dollars on contraception.
       
    • Support Title X Clinics. HHS provided resources to bolster quality family planning services through the Title X Family Planning Program. HHS provided funds to help clinics deliver equitable, affordable, client-centered, and high-quality family planning services and provide training and technical assistance for Title X clinics through the Reproductive Health National Training Center and the Clinical Training Center for Sexual and Reproductive Health. In addition, recognizing the important role that Title X clinics play in supporting access to contraception, the President’s Fiscal Year 2024 Budget Request includes $512 million for the Title X Family Planning Program, a 76 percent increase above the 2023 enacted level.
       
    • Enhance Access Through a New Public-Private Partnership. HHS announced a new public-private partnership to expand access to contraception with Upstream, a national nonprofit organization that provides health centers with free patient-centered, evidence-based training and technical assistance to eliminate provider-level barriers to offering the full range of contraceptive options. This partnership will leverage Upstream’s $90 million in resources and build on Upstream’s work with over 100 health care organizations across 18 states and accelerate their national expansion to transform contraceptive care in more than 700 health centers by 2030, reaching 5 million women of reproductive age every year.
       
    • Promote Access to Contraception for Service Members and Their Families and Certain Dependents of Veterans. To improve access to contraception at military hospitals and clinics, the Department of Defense expanded walk-in contraceptive care services for active-duty Service members and other Military Health System beneficiaries. And the Department of Veterans Affairs proposed a rule to eliminate out-of-pocket costs for certain types of contraception through the Civilian Health and Medical Program of the Department of Veterans Affairs.
       
    • Ensure Access to Family Planning Services at Health Centers. The Health Resources and Services Administration provided updated guidance to community health centers on their obligation to offer family planning services to their patients. The guidance included evidence-based recommendations and resources to support health centers in providing high-quality family planning services.
       

Include Family Planning Providers in Health Plan Networks. HHS strengthened the standard for inclusion of family planning providers in Marketplace plans’ provider networks under the Affordable Care Act. This policy, which goes into effect for plan year 2024, will help increase consumers’ choice of high-quality providers and improve access to care for low-income and medically underserved consumers.

FACT SHEET: One Year After SCOTUS Overturned Roe, Biden Administration Highlights Actions to Protect Access to Reproductive Health Care, Ongoing Commitment to Defending Reproductive Rights

New Yorkers protest the Supreme Court’s decision overturning women’s constitutional reproductive rights under Roe v. Wade a year ago © Karen Rubin/news-photos-features.com

On the one-year anniversary since the radical religious ideologues on the Supreme Court overturned Roe v. Wade and women’s constitutional right to self-determination and bodily autonomy, the White House issued this fact sheet highlighting the actions the Biden Administration has taken to protect access to reproductive health care, and its ongoing commitment to defending reproductive rights.

In a statement, President Joe Biden declared,

“One year ago today, the Supreme Court took away a constitutional right from the American people, denying women across the nation the right to choose. Overturning Roe v. Wade, which had been the law of the land for nearly half a century, has already had devastating consequences.
 
“States have imposed extreme and dangerous abortion bans that put the health and lives of women in jeopardy, force women to travel hundreds of miles for care, and threaten to criminalize doctors for providing the health care that their patients need and that they are trained to provide.
 
“Yet, state bans are just the beginning. Congressional Republicans want to ban abortion nationwide, but go beyond that, by taking FDA-approved medication for terminating a pregnancy, off the market, and make it harder to obtain contraception. Their agenda is extreme, dangerous, and out-of-step with the vast majority of Americans.
 
“My Administration will continue to protect access to reproductive health care and call on Congress to restore the protections of Roe v. Wade in federal law once and for all.”

– Karen Rubin/news-photos-features.com

One year ago, the Supreme Court eliminated a constitutional right that it had previously recognized, overturning nearly 50 years of precedent. Today, more than 23 million women of reproductive age—one in three—live in one of the 18 states with an abortion ban currently in effect. In the last year, women have been denied essential medical care to preserve their health and even save their lives. They have been turned away from emergency rooms, forced to delay care, and made to travel hundreds of miles and across state lines for needed medical care. Despite this devastating impact on women’s health, Republican elected officials continue to advance these bans at both the state and national level.

President Biden and Vice President Harris stand with the majority of Americans who believe the right to choose is fundamental—and who have made their voices heard at every opportunity since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. As the President has made clear since the day of the Dobbs decision, the only way to ensure women in every state have access to abortion is for Congress to pass a law restoring the protections of Roe v. Wade.

While we continue to call on Congress to restore these protections, the Administration has taken executive action to protect access across the full spectrum of reproductive health care. In the wake of Dobbs, the President issued two Executive Orders directing a comprehensive slate of actions to protect access to reproductive health care services, including abortion. And today, the President is issuing a third Executive Order focused on strengthening access to affordable, high-quality contraception, a critical aspect of reproductive health care. The Administration remains fully committed to implementing these Executive Orders and advancing access to reproductive health care through the leadership of the interagency Task Force on Reproductive Healthcare Access, co-chaired by the White House Gender Policy Council and the Department of Health and Human Services (HHS).

Today, the Biden-Harris Administration is providing an update on the work of the Task Force on Reproductive Healthcare Access and the Administration’s ongoing efforts to defend reproductive rights.

Protecting Access to Abortion, including Medication Abortion

  • Ensure Access to Emergency Medical Care.  The Administration is committed to ensuring all patients, including women who are experiencing pregnancy loss, have access to the full rights and protections for emergency medical care afforded under federal law—including abortion care when that is the stabilizing treatment required. HHS issued guidance affirming requirements under the Emergency Medical Treatment and Labor Act (EMTALA) and Secretary Becerra sentletters to providers making clear that federal law preempts state law restricting access to abortion in emergency situations. The U.S. District Court of Idaho issued a preliminary injunction blocking the enforcement of Idaho’s abortion ban as applied to medical care required by EMTALA after the Department of Justice (DOJ) filed a lawsuit seeking to enjoin Idaho’s ban to the extent it makes abortion a crime even when necessary to prevent serious risks to the health of pregnant patients.
    • Defend FDA Approval of Medication Abortion in Court.  The Food and Drug Administration (FDA) and DOJ are defending access to mifepristone, a safe and effective drug used in medication abortion that FDA first approved more than twenty years ago, and FDA’s independent, expert judgment in court—including in a lawsuit in Texas that attempts to eliminate access nationwide. The Administration will continue to stand by FDA’s decades-old approval of the medication and by FDA’s ability to review, approve, and regulate a wide range of prescription medications.
       
    • Protect Access to Safe and Legal Medication Abortion.  On what would have been the 50th anniversary of Roe v. Wade on January 22, President Biden issued a Presidential Memorandum directing further efforts to protect access to medication abortion, including to support patients, providers, and pharmacies who wish to legally access, prescribe, or provide mifepristone—and to safeguard their safety and security, including at pharmacies. This Presidential Memorandum was issued in the face of attacks by state officials to prevent women from accessing mifepristone and discourage pharmacies from becoming certified to dispense the medication. These attacks followed independent, evidence-based action taken by FDA to allow mifepristone to continue to be prescribed by telehealth and sent by mail as well as to enable interested pharmacies to become certified.
       
    • Partner with State Leaders on the Frontlines of Abortion Access.  Today, the White House is releasing a new report on the battle for abortion access at the state level and the Administration’s engagement with state leaders over the past year. The report underscores the Administration’s ongoing commitment to partnering with leaders on the frontlines of protecting access to abortion—both those fighting extreme state legislation and those advancing proactive policies to protect access to reproductive health care, including for patients who are forced to travel out of state for care. The Vice President has led these efforts, traveling to 18 states and meeting with more than 250 state legislators, health care providers, and advocates in the past year. And last week, the White House hosted over 80 state legislators from 41 states to discuss efforts to protect access to reproductive health care.
    • Provide Access to Reproductive Health Care for Veterans.  The Department of Veterans Affairs (VA) issued an interim final rule to allow VA to provide abortion counseling and, in certain circumstances, abortion care to Veterans and VA beneficiaries. VA provides abortion services when the health or life of the patient would be endangered if the pregnancy were carried to term or when the pregnancy is a result of rape or incest. When working within the scope of their federal employment, VA employees may provide authorized services regardless of state restrictions. DOJ will defend any VA providers whom states attempt to prosecute for violations of state abortion laws. 
       
    • Support Access to Care for Service Members.  The Department of Defense (DoD) has taken action to ensure that Service members and their families can access reproductive health care and that DoD health care providers can operate effectively. DoD has released policies to support Service members and their families’ ability to travel for lawful non-covered reproductive health care and to bolster Service members’ privacy and afford them the time and space needed to make personal health care decisions.
       
    • Defend Reproductive Rights in Court. DOJ created a Reproductive Rights Task Force, which monitors and evaluates state and local actions that threaten to infringe on federal protections relating to the provision or pursuit of reproductive health care, impair women’s ability to seek abortion care where it is legal, impair individuals’ ability to inform and counsel each other about the care that is available in other states, ban medication abortion, or impose criminal or civil liability on federal employees who provide legal reproductive health services in a manner authorized by Federal law.

 
Supporting Women’s Ability to Travel for Medical Care

  • Defend the Right to Travel.  On the day of the Dobbs decisions, President Biden reaffirmed the Attorney General’s statement that women must remain free to travel safely to another state to seek the care they need. President Biden committed his administration to defending “that bedrock right,” and DOJ continues to monitor attempts to restrict a woman’s right to travel to receive lawful health care.  
    • Support Patients Traveling Out of State for Medical Care.  HHS Secretary Becerra and CMS Administrator Chiquita Brooks-LaSure issued a letter to U.S. governors inviting them to work with CMS and apply for Medicaid 1115 waivers to provide increased access to care for women from states where reproductive rights are under attack and women may be denied medical care. HHS continues to encourage state leaders to consider and develop new waiver proposals that would support access to reproductive health care services.
       

Safeguarding Access to Contraception

  • Strengthen Access to Affordable, High-Quality Contraception.  Today, the President issued an Executive Order directing agencies to: improve access and affordability for women with private health insurance; promote increased access to over-the-counter contraception; support access to affordable contraception through Medicaid and Medicare; ensure Service members, veterans, and Federal employees are able to access contraception; bolster contraception access across Federal health programs; and support access for college students and employees. The Task Force on Reproductive Healthcare Access will oversee the swift and robust implementation of this Executive Order in the coming months.
    • Clarify Protections for Women with Private Health Insurance. Under the Affordable Care Act, most private health plans must provide contraception and family planning counseling with no out-of-pocket costs. The Departments of the Treasury, Labor, and HHS convened a meeting with health insurers and employee benefit plans. These agencies called on the industry to meet their obligations to cover contraception as required under the law. Following this conversation, these agencies issued guidance to clarify protections for contraceptive coverage under the Affordable Care Act.
       
    • Expand Access Under the Affordable Care Act.  The Departments of the Treasury, Labor, and HHS proposed a rule to strengthen access to contraception under the Affordable Care Act so all women who need and want contraception can obtain it. Millions of women have already benefited from this coverage, which has helped them save billions of dollars on contraception.
       
    • Support Title X Clinics.  HHS provided resources to bolster quality family planning services through the Title X Family Planning Program, including funding to help clinics deliver equitable, affordable, client-centered, and high-quality family planning services and provide training and technical assistance for Title X clinics. In addition, recognizing the important role that Title X clinics play in supporting access to contraception, the President’s Fiscal Year 2024 Budget Request includes $512 million for the Title X Family Planning Program, a 76 percent increase above the 2023 enacted level.
    • Promote Access to Contraception for Service Members and Their Families and Certain Dependents of Veterans.  To improve access to contraception at military hospitals and clinics, DoD expanded walk-in contraceptive care services for active-duty Service members and other Military Health System beneficiaries, and eliminated TRICARE copays for medical contraceptive services. And VA proposed a rule to eliminate out-of-pocket costs for certain types of contraception through the Civilian Health and Medical Program of the Department of Veterans Affairs.
       

Reinforcing Nondiscrimination Protections under Federal Law

  • Issue Guidance to Retail Pharmacies.  HHS issued guidance to roughly 60,000 U.S. retail pharmacies to remind them of their obligations under federal civil rights laws to ensure access to comprehensive reproductive health care services. The guidance makes clear that as recipients of federal financial assistance, pharmacies are prohibited under law from discriminating on the basis of race, color, national origin, sex, age, and disability in their programs and activities. This guidance is especially important in the wake of reports that women of reproductive age have been denied prescription medication at pharmacies—including medication that is used to treat stomach ulcers, lupus, arthritis, and cancer—due to concerns that these medications could be used to terminate a pregnancy.
    • Protect Students from Discrimination Based on Pregnancy.  The Department of Education (ED) released a resource for universities outlining their responsibilities not to discriminate on the basis of pregnancy or pregnancy-related conditions, including termination of pregnancy. This guidance reminds schools of their existing and long-standing obligations under Title IX.
       
    • Strengthen Nondiscrimination in Healthcare.  HHS announced a proposed rule to strengthen nondiscrimination in health care. The proposed rule implements Section 1557 of the Affordable Care Act and affirms protections consistent with President Biden’s executive orders on nondiscrimination based on sexual orientation and gender identity.
       

Promoting Safety and Security of Patients, Providers, and Clinics

  • Promote Safety and Security of Patients, Providers and Clinics.  DOJ continues to robustly enforce the Freedom of Access to Clinic Entrances Act, which protects the right to access and provide reproductive health services.
     

Safeguarding Privacy and Sensitive Health Information

  • Strengthen Reproductive Health Privacy under HIPAA.  HHS issued a proposed rule to strengthen privacy protections under the Health Insurance Portability and Accountability Act (HIPAA). This rule would prevent an individual’s information from being disclosed to investigate, sue, or prosecute an individual, a health care provider, or a loved one simply because that person sought, obtained, provided, or facilitated legal reproductive health care, including abortion. By safeguarding sensitive information related to reproductive health care, the rule will strengthen patient-provider confidentiality and help health care providers give complete and accurate information to patients. Prior to the proposed rule and immediately after Dobbs, HHS issued guidance reaffirming HIPAA’s existing protections for the privacy of individuals’ protected health information.
    • Take Action Against Illegal Use and Sharing of Sensitive Health Information.  The Federal Trade Commission (FTC) has committed to enforcing the law against illegal use and sharing of highly sensitive data, including information related to reproductive health care. Consistent with this commitment, the FTC has taken first-of-its-kind enforcement actions against companies for disclosing consumers’ personal health information, including highly sensitive reproductive health data, without permission.
    • Help Consumers Protect Their Personal Data.  The Federal Communications Commission (FCC) launched a new guide for consumers on best practices for protecting their personal data, including geolocation data, on mobile phones. The guide follows a recent Notice of Proposed Rulemaking issued by FCC that would strengthen data breach rules to provide greater protections to personal data. In addition, separately, HHS issued a how-to guide for consumers on steps they can take to better protect their data on personal cell phones or tablets and when using mobile health apps, like period trackers, which are generally not protected by HIPAA.
    • Protect Students’ Health Information.  ED issued guidance to over 20,000 school officials to remind them of their obligations to protect student privacy under the Family Educational Rights and Privacy Act (FERPA). The guidance helps ensure that school officials—including those at federally funded school districts, colleges, and universities—know that, with certain exceptions, they must obtain written consent from eligible students or parents before disclosing personally identifiable information from students’ educational records, which may include student health information. The guidance encourages school officials to consider the importance of student privacy, including health privacy, with respect to disclosing student records. ED also issued a know-your-rights resource to help students understand their privacy rights for health records at school. 
    • Safeguard Patients’ Electronic Health Information.  HHS issued guidance affirming that doctors and other medical providers can take steps to protect patients’ electronic health information, including their information related to reproductive health care. HHS makes clear that patients have the right to ask that their electronic health information generally not be disclosed by a physician, hospital, or other health care provider. The guidance also reminds health care providers that HIPAA’s privacy protections apply to patients’ electronic health information.

 
Providing Access to Accurate Information and Legal Resources

  • Ensure Easy Access to Reliable Information.  HHS launched and maintains ReproductiveRights.gov, which provides timely and accurate information on people’s right to access reproductive health care, including contraception, abortion services, and health insurance coverage, as well as how to file a patient privacy or nondiscrimination complaint. DOJ also launched justice.gov/reproductive-rights, a webpage that provides a centralized online resource of the Department’s work to protect access to reproductive health care services under federal law.
    • Hosted a Convening of Lawyers in Defense of Reproductive Rights.  The Department of Justice and the Office of White House Counsel convened more than 200 lawyers and advocates from private firms, bar associations, legal aid organizations, reproductive rights groups, and law schools across the country for the first convening of pro-bono attorneys, as directed in the first Executive Order. Following this convening, reproductive rights organizations launched the Abortion Defense Network to offer abortion-related legal defense services, including legal advice and representation.
       
    • Launch a National Hotline to Enable Access to Accurate Information.  HHS issued a Notice of Funding Opportunity to establish a safe and secure national hotline to provide referral services to women in need of accurate information about their legal reproductive health care options. The nondirective hotline will provide information to patients served by the Title X family planning program who request information related to prenatal care and delivery; infant care, foster care, or adoption; or pregnancy termination.
       

Promote Research and Data Collection

  • Use Data to Track Impacts on Access to Care.  HHS will convene leading experts to discuss the state of existing reproductive health research and what the data tells us about the impact of the Dobbs decision, as well as the future of research on reproductive health care access. These convenings will help identify research gaps, opportunities for collaboration, and ways to bolster research efforts for both Federal agencies and external partners.

Leverage Maternal Health Data to Address Disparities.  FCC has committed to the swift implementation of the Data Mapping to Save Moms’ Lives Act, which directs FCC, in coordination with the Centers for Disease Control and Prevention, to incorporate publicly available data on maternal mortality and morbidity into its Mapping Broadband Health in America platform. This innovation will support women’s health by informing efforts to expand broadband access—including access to telehealth—in areas with poor maternal health outcomes. FCC will continue to explore opportunities to improve research, data collection, data analysis, and interpretation in the context of reproductive health care and maternal health outcomes.

FACT SHEET: Biden-Harris Administration Announces Actions to Protect Patient Privacy at the Third Meeting of the Task Force on Reproductive Healthcare Access

New Yorkers protest for reproductive rights. The Biden-Harris administration is taking steps to protect the privacy of women seeking reproductive healthcare and their providers. Efforts to protect sensitive health information, including related to reproductive health care, have taken on renewed importance, as states seek to penalize and criminalize health care providers and interfere in deeply personal medical decisions. © Karen Rubin/news-photos-features.com

The White House provided this fact sheet of actions the Biden-Harris Administration is taking to protect patient privacy in the wake of the assault on women’s access to reproductive health care:

Today, the Biden-Harris Administration will announce new actions to safeguard patient privacy at the third meeting of the Task Force on Reproductive Healthcare Access with Vice President Harris. These announcements build on actions that the Administration has taken to protect privacy and access to accurate information in the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, as the President directed in his first Executive Order to protect access to reproductive health care, including abortion. Efforts to protect sensitive health information, including related to reproductive health care, have taken on renewed importance, as states seek to penalize and criminalize health care providers and interfere in deeply personal medical decisions.

At the meeting, the Cabinet will discuss their ongoing efforts to defend reproductive rights and support access to reproductive health care more broadly. The Task Force will also discuss updates on the Administration’s response to Alliance for Hippocratic Medicine v. FDA, as well as efforts to implement the Presidential Memorandum on ensuring safe access to medication abortion, which has been approved by the Food and Drug Administration as safe and effective for over two decades.

Today, the Administration announced actions to:

  • Strengthen Reproductive Health Privacy under HIPAA. The Department of Health and Human Services (HHS) is issuing a Notice of Proposed Rulemaking to strengthen privacy protections under the Health Insurance Portability and Accountability Act (HIPAA). This rule would prohibit doctors, other health care providers, and health plans from disclosing individuals’ protected health information, including information related to reproductive health care, under certain circumstances. Specifically, the rule would prevent an individual’s information from being disclosed to investigate, sue, or prosecute an individual, a health care provider, or a loved one simply because that person sought, obtained, provided, or facilitated legal reproductive health care, including abortion. By safeguarding sensitive information related to reproductive health care, the rule will strengthen patient-provider confidentiality and help health care providers give complete and accurate information to patients.                                              
  • Protect Students’ Health Information. The Department of Education (ED) is issuing guidance to over 20,000 school officials to remind them of their obligations to protect student privacy under the Family Educational Rights and Privacy Act (FERPA). The guidance helps ensure that school officials—including those at federally funded school districts, colleges, and universities—know that, with certain exceptions, they must obtain written consent from eligible students or parents before disclosing personally identifiable information from students’ educational records, which may include student health information. The guidance encourages school officials to consider the importance of student privacy, including health privacy, with respect to disclosing student records. ED is also issuing a know-your-rights resource to help students understand their privacy rights for health records at school.  
  • Support Consumer Privacy. The Federal Communications Commission (FCC) is launching a new guide for consumers on best practices for protecting their personal data on mobile phones. The guide also explains how existing FCC requirements protect against the disclosure of consumers’ sensitive information, including geolocation data, which can be especially important in the context of accessing reproductive health care. The guide follows a recent Notice of Proposed Rulemaking issued by FCC that is aimed at updating and strengthening data breach rules to provide greater protections to personal data. 
  • Safeguard Patients’ Electronic Health Information. HHS is issuing guidance affirming that doctors and other medical providers can take steps to protect patients’ electronic health information, including their information related to reproductive health care. HHS will make clear that patients have the right to ask that their electronic health information generally not be disclosed by their physician, hospital, or other health care provider—including to other health care providers. The guidance also reminds health care providers that HIPAA’s privacy protections continue to apply to patients’ electronic health information.

The Administration also announced related efforts to provide access to accurate information and bolster data related to women’s health more broadly:

  • Leverage Maternal Health Data to Address Disparities. FCC is committing to the swift implementation of the Data Mapping to Save Moms’ Lives Act, which directs FCC, in coordination with the Centers for Disease Control and Prevention, to incorporate publicly available data on maternal mortality and morbidity into its Mapping Broadband Health in America platform. This innovation will support women’s health by informing efforts to expand broadband access—including access to telehealth—in areas with poor maternal health outcomes. This builds on the Administration’s work to improve maternal health and address long-standing disparities, including those spotlighted this Black Maternal Health Week. FCC will continue to explore opportunities to improve research, data collection, data analysis, and interpretation in the context of reproductive health care and maternal health outcomes. 
  • Promote Accurate Information About Reproductive Care. HHS is announcing that it will issue a new Notice of Funding Opportunity to establish a safe and secure national hotline to provide referral services to women in need of accurate information about their legal reproductive health care options. The nondirective hotline would provide information to patients served by the Title X family planning program who request information related to prenatal care and delivery; infant care, foster care, or adoption; or pregnancy termination.

Today’s announcements build on previous actions to protect patient privacy and access to accurate information. The Administration has taken action to:

  • Prevent Illegal Use and Sharing of Sensitive Health Information. The Federal Trade Commission (FTC) has committed to enforcing the law against illegal use and sharing of highly sensitive data, including information related to reproductive health care. Consistent with this commitment, the FTC recently took first-of-its-kind enforcement action against companies for disclosing consumers’ personal health information without permission to Facebook, Google, and others. The FTC has also urged companies to consider that sensitive data is protected by numerous state and federal laws and that claims that data is “anonymous” are often deceptive. 
  • Reinforce Existing Protections under the HIPAA Privacy Rule. Immediately after Dobbs, HHS issued guidance to help ensure doctors and other health care providers and health plans know that, with limited exceptions, they are not required—and in many cases, are not permitted—to disclose individuals’ health information, including to law enforcement. This guidance, which helps protect individuals seeking or receiving reproductive health care, remains in effect while today’s rulemaking is underway. The Notice of Proposed Rulemaking noted above would further strengthen privacy protections under the HIPAA Privacy Rule. 
  • Protect Individuals’ Health Information Online. HHS issued a bulletin to affirm that HIPAA’s privacy protections extend to the use of online tools offered by or on behalf of covered entities that collect protected health information through websites and mobile apps. These tools, such as “cookies” on a website, can be used to track online activity and information about website and app users, sometimes in ways that collect or reveal protected health information. This can include information about reproductive health care, such as the location of where an individual sought medical treatment. The bulletin makes clear that health care providers and health plans—as well as many of the entities that these organizations do business with—cannot use online tracking tools or share patient information with third parties in a way that violates HIPAA.
  • Help Consumers Protect Their Personal Data. HHS issued a how-to guide for consumers on steps they can take to make sure they are protecting their personal data on personal cell phones or tablets. HHS also provided tips for protecting individuals’ privacy when using mobile health apps, like period trackers. This resource helps ensure that consumers have the information they need to better protect their health information when it is accessed or stored on their personal cell phones or tablets, which are generally not protected under HIPAA.  
  • Promote the Privacy of Service Members. The Department of Defense issued an updated policy to provide Service members with time and flexibility to make private health care decisions while accounting for the responsibility placed on commanders to meet operational requirements and protect the health and safety of those in their care. This policy standardized the timeframe for Service members to inform their commanders about a pregnancy, generally allowing Service members until up to 20 weeks of pregnancy to notify their commanders of their pregnancy status, with limited exceptions to account for specific military duties, occupational health hazards, and medical conditions. 
  • Provide Access to Accurate Information and Legal Resources. On the day of the Supreme Court’s Dobbs decision, HHS launched ReproductiveRights.gov, which provides timely and accurate information about reproductive rights and access to reproductive health care. This includes know-your-rights information for patients and providers and promotes awareness of and access to family planning services, as well as guidance for how to file a patient privacy or nondiscrimination complaint with its Office for Civil Rights. DOJ also launched justice.gov/reproductive-rights, a webpage that provides a centralized online resource of the Department’s work to protect reproductive freedom under federal law.

Biden Administration to Fight Judge’s Ruling That Would End Access to Key Drug Used in Most Abortions

“We’re not going back.” The Biden Administration said it would stand with women and fight to uphold reproductive rights after a Texas judge ruled for anti-abortion extremists to remove approval for a key drug, mifepristone, used in most abortions and miscarriages that has been used safely by over 5 million women over the past 23 years, and declared it would challenge the decision in court. © Karen Rubin/news-photos-features.com

The Biden Administration reacted to the Texas judge’s decision siding with anti-abortion extremists to remove approval for a key drug, mifepristone,  used in most abortions that has been used safely by over 5 million women over the past 23 years, and declared it would challenge the decision in court. Meanwhile, another federal court found in favor of Democratic Attorney Generals that the drug must be made more readily available. The contradicting decisions means that the cases will likely go before the Supreme Court, which has already overturned Roe v Wade based on a legal reasoning that states, not the federal government, should determine whether women have reproductive rights.—Karen Rubin/news-photos-features.com


Statement from President Joe Biden on Decision in Alliance for Hippocratic Medicine v. FDA 

Today a single federal district judge in Texas ruled that a prescription medication that has been available for more than 22 years, approved by the FDA and used safely and effectively by millions of women here and around the world, should no longer be approved in the United States.  The Court in this case has substituted its judgment for FDA, the expert agency that approves drugs.  If this ruling were to stand, then there will be virtually no prescription, approved by the FDA, that would be safe from these kinds of political, ideological attacks. 
 
The prescription medication in question in this case is used for medication abortion, and medication abortion accounts for over half the abortions in America.  The lawsuit, and this ruling, is another unprecedented step in taking away basic freedoms from women and putting their health at risk.  This does not just affect women in Texas – if it stands, it would prevent women in every state from accessing the medication, regardless of whether abortion is legal in a state.  It is the next big step toward the national ban on abortion that Republican elected officials have vowed to make law in America.
 
My Administration will fight this ruling.  The Department of Justice has already filed an appeal and will seek an immediate stay of the decision.  But let’s be clear – the only way to stop those who are committed to taking away women’s rights and freedoms in every state is to elect a Congress who will pass a law restoring Roe versus Wade.  Vice President Harris and I will continue to lead the fight to protect a woman’s right to an abortion, and to make her own decisions about her own health.  That is our commitment. 

Vice President Kamala Harris:

Today’s unprecedented decision threatens the rights of women nationwide to make decisions about their health care and the ability to access medication prescribed to them by their doctors. Simply put: this decision undermines the FDA’s ability to approve safe and effective medications—from chemotherapy drugs, to asthma medicine, to blood pressure pills, to insulin—based on science, not politics. This decision threatens the rights of Americans across the country, who can look in their medicine cabinets and find medication prescribed by a doctor because the FDA engaged in a process to determine the efficacy and safety of that medication.

At the same time as the court in Texas issued the decision to try to restrict access to FDA-approved medication, a court in Washington state reached a different conclusion.

Each person in our nation should have the right to access safe and effective medication which has been approved by the FDA. In the face of attacks on a woman’s right to access an abortion, our Administration will continue to fight to protect reproductive freedom and the ability of all Americans to make health care decisions with their doctors free from political interference.

Attorney General Merrick B. Garland:

The Justice Department tonight issued the following statement from Attorney General Merrick B. Garland following the district court decisions in Alliance for Hippocratic Medicine v. FDA and Washington et al. v. FDA:

The Justice Department strongly disagrees with the decision of the District Court for the Northern District of Texas in Alliance for Hippocratic Medicine v. FDA and will be appealing the court’s decision and seeking a stay pending appeal. Today’s decision overturns the FDA’s expert judgment, rendered over two decades ago, that mifepristone is safe and effective. The Department will continue to defend the FDA’s decision. 

Separately, the Justice Department is reviewing the decision of the District Court for the Eastern District of Washington in Washington et al. v. FDA.

The Department is committed to protecting Americans’ access to legal reproductive care.

HHS Secretary Xavier Becerra:

This is a regressive ruling issued by a single court in a single state that will have a disastrous impact on women and families across America if not overturned. Mifepristone was approved by the FDA as safe and effective to manage abortion decades ago and has been approved by drug regulators around the globe. Today’s decision jeopardizes the health of women across the country. It undermines our nation’s entire system of drug approval. It opens the door for courts to overturn FDA’s evidence-based decisions for purely political or ideological reasons.

Today’s ruling affects more than just access to abortion care. Some physicians use mifepristone for miscarriage management, which can be one of the most difficult times in a woman’s life.

We will vigorously fight this unprecedented decision in court. We have appealed the decision and will seek a stay. The Texas district court’s ruling does not take effect for seven days, so mifepristone remains approved and available for the time being while we pursue our appeal.  Separately, another temporary order issued today in Washington State seeks to maintain access to mifepristone by directing the FDA not to take action to alter the status quo as it relates to the availability of mifepristone under the REMS in certain states.  We are reviewing that decision.

Justice Department Sues Idaho to Protect Reproductive Rights

Complaint Alleges Idaho Law Violates the Emergency Medical Treatment and Labor Act
 

Protesting for reproductive rights © Karen Rubin/news-photos-features.com

The Justice Department today filed a lawsuit to protect the rights of patients to access emergency medical care guaranteed by federal law. The suit challenges Idaho Code § 18-622 (§ 18-622), which is set to go into effect on Aug. 25 and imposes a near-total ban on abortion.

The complaint seeks a declaratory judgment that § 18-622 conflicts with, and is preempted by, the Emergency Medical Treatment and Labor Act (EMTALA) in situations where an abortion is necessary stabilizing treatment for an emergency medical condition. The United States also seeks an order permanently enjoining the Idaho law to the extent it conflicts with EMTALA.

“On the day Roe and Casey were overturned, we promised that the Justice Department would work tirelessly to protect and advance reproductive freedom,” said Attorney General Merrick B. Garland.  “That is what we are doing, and that is what we will continue to do. We will use every tool at our disposal to ensure that pregnant women get the emergency medical treatment to which they are entitled under federal law. And we will closely scrutinize state abortion laws to ensure that they comply with federal law.” 

“Federal law is clear: patients have the right to stabilizing hospital emergency room care no matter where they live,” said Department of Health and Human Services Secretary Xavier Becerra. “Women should not have to be near death to get care. The Department of Health and Human Services will continue its work with the Department of Justice to enforce federal law protecting access to health care, including abortions.”

“One critical focus of the Reproductive Rights Task Force has been assessing the fast-changing landscape of state laws and evaluating potential legal responses to infringements on federal protections,” said Associate Attorney General Vanita Gupta. “Today’s lawsuit against the State of Idaho for its near-absolute abortion ban is the first public example of this work in action. We know that these are frightening and uncertain times for pregnant women and their providers, and the Justice Department, through the Task Force’s work, is committed to doing everything we can to ensure continued lawful access to reproductive services.”

EMTALA requires hospitals that receive federal Medicare funds to provide necessary stabilizing treatment to patients who arrive at their emergency departments while experiencing a medical emergency. When a physician reasonably determines that the necessary stabilizing treatment is an abortion, state law cannot prohibit the provision of that care. The statute defines necessary stabilizing treatment to include all treatment needed to ensure that a patient will not have her health placed in serious jeopardy, have her bodily functions seriously impaired, or suffer serious dysfunction of any bodily organ or part.

As explained in the complaint, once § 18-622 enters into effect in Idaho, a prosecutor can indict, arrest and prosecute a physician merely by showing that an abortion has been performed, without regard to the circumstances. A physician who provides an abortion in Idaho can ultimately avoid criminal liability only by establishing as an affirmative defense that “the abortion was necessary to prevent the death of the pregnant woman” or that, before performing the abortion, the pregnant patient (or, in some circumstances, their parent or guardian) reported an “act of rape or incest” against the patient to a specified agency and provided a copy of the report to the physician. The law provides no defense for an abortion necessary to protect the health of the pregnant patient. 

Idaho’s criminal prohibition of all abortions, subject only to the statute’s two limited affirmative defenses, directly conflicts with EMTALA and stands as an obstacle to the accomplishment of EMTALA’s federal objectives of providing stabilizing care and treatment to anyone who needs it. The Justice Department is committed to protecting access to reproductive services. Following the Supreme Court’s decision in Dobbs, the Justice Department established the Reproductive Rights Task Force, chaired by Associate Attorney General Gupta. The Task Force is charged with protecting access to reproductive freedom under federal law. For additional information on the work of the Task Force visit www.justice.gov/reproductive-rights.

Biden Administration’s DoJ, HHS Work to Protect Reproductive Freedom Under Federal Law

Long Islanders react to Supreme Court overturning Roe’s constitutional protections of reproductive freedom. The Biden Administration is setting up a task force within the Justice Department to insure rights are protected, and the Department of Health and Human Services (HHS) is issuing guidance to roughly 60,000 U.S. retail pharmacies, reminding them of their obligations under federal civil rights laws. © Karen Rubin/news-photos-features.com

Justice Department Announces Reproductive Rights Task Force

The Task Force Formalizes the Department’s Ongoing Work to Protect Reproductive Freedom Under Federal Law

The Justice Department announced today the establishment of the Reproductive Rights Task Force. The Task Force formalizes an existing working group and efforts by the Department over the last several months to identify ways to protect access to reproductive health care in anticipation of the possibility of the Supreme Court overturning Roe v. Wade and Planned Parenthood v. Casey. Associate Attorney General Vanita Gupta will chair the Task Force, which will consist of representatives from the Department’s Civil Division, Civil Rights Division, U.S. Attorney community, Office of the Solicitor General, Office for Access to Justice, Office of Legal Counsel, Office of Legal Policy, Office of Legislative Affairs, Office of the Associate Attorney General, Office of the Deputy Attorney General and Office of the Attorney General and will be supported by dedicated staff.

“As Attorney General Garland has said, the Supreme Court’s Dobbs decision is a devastating blow to reproductive freedom in the United States,” said Associate Attorney General Gupta. “The Court abandoned 50 years of precedent and took away the constitutional right to abortion, preventing women all over the country from being able to make critical decisions about our bodies, our health, and our futures. The Justice Department is committed to protecting access to reproductive services.”

The Task Force will monitor and evaluate all state and local legislation and enforcement actions that threaten to:

  • Infringe on federal legal protections relating to the provision or pursuit of reproductive care;
  • Impair women’s ability to seek reproductive care in states where it is legal;
  • Impair individuals’ ability to inform and counsel each other about the reproductive care that is available in other states;
  • Ban Mifepristone based on disagreement with the FDA’s expert judgment about its safety and efficacy; or
  • Impose criminal or civil liability on federal employees who provide reproductive health services in a manner authorized by federal law.

The Task Force will identify such actions and coordinate appropriate federal government responses, including proactive and defensive legal action where appropriate. The Task Force will work with agencies across the federal government to support their work on issues relating to reproductive rights and access to reproductive healthcare. 

The Justice Department is working with external stakeholders such as reproductive services providers, advocates and state attorneys general. The Task Force will continue this important effort. It will also work with the Office of Counsel to the President to convene a meeting of private pro bono attorneys, bar associations and public interest organizations in order to encourage lawyers to represent and assist patients, providers and third parties lawfully seeking reproductive health services throughout the country. In order to assist attorneys working to protect access to comprehensive reproductive health services, the Task Force will centralize online legal resources, such as filed Justice Department legal briefs and information about the Freedom of Access to Clinic Entrances Act.

Recognizing that the best way to protect reproductive freedom is through congressional action, the Task Force will also coordinate providing technical assistance to Congress in connection with federal legislation to codify reproductive rights and ensure access to comprehensive reproductive services. It will also coordinate the provision of technical assistance concerning Federal constitutional protections to states seeking to afford legal protection to out-of-state patients and providers who offer legal reproductive healthcare.

HHS Issues Guidance to the Nation’s Retail Pharmacies Clarifying Their Obligations to Ensure Access to Comprehensive Reproductive Health Care Services
 

Today, following President Biden’s Executive Order on ensuring access to reproductive health care, the U.S. Department of Health and Human Services (HHS) is issuing guidance to roughly 60,000 U.S. retail pharmacies, reminding them of their obligations under federal civil rights laws. The guidance makes clear that as recipients of federal financial assistance, including Medicare and Medicaid payments, pharmacies are prohibited under law from discriminating based on race, color, national origin, sex, age, and disability in their programs and activities. This includes supplying prescribed medications; making determinations regarding the suitability of prescribed medications for a patient; and advising a patient about prescribed medications and how to take them.  The action is the latest step in the HHS’ response to protect reproductive health care.

“We are committed to ensuring that everyone can access health care, free of discrimination,” said Secretary Becerra. “This includes access to prescription medications for reproductive health and other types of care.”

Under Section 1557 of the Affordable Care Act (Section 1557), 42 U.S.C. 18116, recipients of federal financial assistance cannot exclude an individual from participation in, denying them the benefits of, or otherwise subjecting them to discrimination based on sex and other bases (i.e., race, color, national origin, age, and disability) in their programs and activities. Under federal civil rights law, pregnancy discrimination includes discrimination based on current pregnancy, past pregnancy, potential or intended pregnancy, and medical conditions related to pregnancy or childbirth.

Read the guidance here: https://www.hhs.gov/sites/default/files/pharmacies-guidance.pdf.

HHS is committed to ensuring that people can access reproductive health care, free from discrimination. If you believe that your or another person’s civil rights have been violated, you can file a complaint with HHS at: https://www.hhs.gov/ocr/complaints/index.html.

Below are a list of actions HHS has taken in the days following the Supreme Court’s ruling to ensure access to reproductive health care:

  • Launched the ReproductiveRights.gov public awareness website, which includes a know-your-rights patient fact sheet;
  • Convened a meeting with health insurers, and sent them a letter, calling on the industry to commit to meeting their obligations to provide coverage for contraceptive services at no cost as required by the Affordable Care Act; 
  • Issued guidance to patients and providers that addresses the extent to which federal law and regulations protect individuals’ private medical information when it comes to seeking abortion and other forms of reproductive health care, as well as when it comes to using health information apps on smartphones;
  • Announced nearly $3 million in new funding to bolster training and technical assistance for the nationwide network of Title X family planning providers; 
  • Met with Michigan Governor Gretchen Whitmer, Oregon Governor Kate Brown, and Maine Governor Janet Mills and state attorneys general to discuss state-specific concerns;
  • Issued guidance on the Emergency Medical Treatment and Active Labor Act (EMTALA) reaffirming that it protects providers when offering legally-mandated, life- or health-saving abortion services in emergency situations.

Thousands Join NYC March for Reproductive Freedom and Justice

Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com

By Karen Rubin, News & Photo Features, news-photos-features.com

Thousands gathered in Foley Square, in front of the federal court house, to hear calls for justice, equal rights and full personhood for women in face of the assault on abortion rights from Texas and dozens of states and the right wing majority Supreme Court’s deference and then marched up to Washington Square Park, bringing their messages of “Save Roe” “Keep Your Rosaries Off My Ovaries”, “Hands off Our Privates” “We Won’t Go Back” and “Ruth Sent Us.” (See: NYC Joins Millions Across Country in Rallies, Marches for Women’s Reproductive Freedom)

Here are some highlights:

We Demand Abortion Justice”. Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“I Love Someone Who Has Had an Abortion.” Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“Break All the Chains.” Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“No Going Back.” Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“Protect Our Rights.” Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“Pro Roe”. Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“We Are Not Your Incubators.” Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“Safe Accessible Abortions for Everyone.” Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“Baby.” Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“My Body. My Choice.” Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
Resistance Revival Chorus sings for Reproductive Freedom. Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com

Hochul Standing Firm in Defense of Women’s Reproductive Rights, Issues Invitation to Come to NYS for Care

#StopTheBans Rally, NYC, May 2019. New Yorkers rally against abortion bans. The assault on women’s reproductive rights have only intensified, climaxing with Texas total abortion ban enforced by incentivizing vigilante bounty hunters, which the theocratic majority on the Supreme Court allowed to go forward. The Department of Justice has now sued Texas, while other states move to mimic the Texas law. © Karen Rubin/news-photos-features.com

By Karen Rubin, News & Photo Features, news-photos-features.com

New York State Governor Kathy Hochul came out hopping mad over the Texas abortion ban strategy and swinging at the Planned Parenthood Day of Action Rally in support of abortion access, making a sweeping invitation to any woman in a state where abortion access is obstructed, to come to New York, a sanctuary.

“We are here to show the rest of the nation that New Yorkers stand with every single one of you. Women across this nation, we have your back.”

She declared, “Right now, we have oppression going on in our own country when people are trying to tell women what to do with their own bodies. It stops here in New York. Let’s take this battle all across the nation. To Washington, to Texas, and anywhere else that they think they have a right to have their hands on our bodies.

“Keep your damn hands off our bodies.”

In addition, Governor Hochul announced an agenda to affirm abortion rights and cement New York’s status as a place to welcome women seeking abortion care.

Governor Hochul was joined by Senator Kirsten Gillibrand to lay out their combined efforts to fight for reproductive rights. As part of these efforts, the Governor is directing State agencies to coordinate a statewide public information campaign, including the development of a patient bill of rights, in coordination with stakeholders. This campaign will help women know their rights and legal protections and ensure this information is accessible and widely available. The Governor also directed the Department of Health to take immediate action to develop and widely distribute modern and comprehensive provider guidance on the right to provide abortion care and to ensure updates to existing regulations are adopted so that medication abortion can be more easily accessed during telehealth visits.

“Abortion access is safe in New York – the rights of those who are seeking abortion services will always be protected here,”  Governor Hochul said. “This plan will affirm that in our state, and leaders like Senator Gillibrand will fight on a national level. To the women of Texas, I want to say I am with you. Lady Liberty is here to welcome you with open arms.”

Recognizing that national attention on abortion issues may make misinformation more likely to spread, the Governor also wrote a letter to Facebook urging the company to provide information on any current efforts to mitigate the spread of abortion misinformation online and to take new action to combat misinformation about abortion laws, regulations, and availability.

Here is a highlighted transcript:

Are you all fired up? I am fired up. I love a good fight. But I’ll tell you, my friends, this is a fight that I thought ended when my mother was starting out as a parent, as a young person. I had no idea that all these years later we’d be fighting the same fight that grandma and my mom fought, that my own daughter now has her rights threatened by crazy people in places like Texas.

We are sick and tired of being sick and tired, are we not? Have you heard that before? We don’t want to be fighting this anymore, but we are ready. We are here to show the rest of the nation that New Yorkers stand with every single one of you.

Women across this nation, we have your back. We will not abandon you just because we are far more enlightened in our respect for women’s bodies, and I have been a fighter on the forefront of this battle since 27 years ago when I ran for local office, running for a simple town board in a small town, and I was told in this very conservative community, if I didn’t take the “Right to Life” political line that I would never get elected in a million years. And I said, well watch this. I would not touch that line. I ran for office and I won overwhelmingly, time and time and time again.

And I say that because that is what’s going on in other parts of our nation and even in parts of our own state. And I’ll tell you one more story. I am so passionately engaged in making sure that every woman never has to find her way to a back alley, or to fight for simply having contraception access. I will join this battle and I will help lead the nation in this fight because when I was a member of congress, as member of congress I fought for the Affordable Care Act, because I thought health rights are human rights. It’s that simple. Everybody deserves the dignity of good healthcare and included in that was the right to contraceptive coverage by employers. They had to provide this, and I stood firm for that, and as a result that was an issue that I lost my seat in Congress on, and I would do it all over again because sometimes you just have to stand up and do what’s right and stand up for other people. And that’s what you’re doing here, standing in the rain in Brooklyn today. I am so proud of you, every one of you.

I want to thank our great borough president, Eric Adams, who is hosting us. Thank you, future Mayor Eric Adams. And to all of the elected officials who are here today. This is a battle that’s always happening in the streets. It’s happening at the Planned Parenthoods facilities that I’ve gone to after they’ve been subjected to attacks and terrorist actions.

We have to stand together and let people know that there is a reason why we feel we should be the sanctuary for people across this nation whose rights are attacked, whether it’s Texas or anywhere else because in 1886 they erected a beautiful woman in our harbor with her hand held high with torch in it, a beacon of hope for people who are oppressed.

And right now, we have oppression going on in our own country when people are trying to tell women what to do with their own bodies. It stops here in New York. Let’s take this battle all across the nation. To Washington, to Texas, and anywhere else that they think they have a right to have their hands on our bodies.

Keep your damn hands off our bodies. Keep your damn hands off our bodies. We are sick and tired. We are going to take this battle anywhere it occurs, and I want to thank all of you. You inspire me. You inspire me, each and every one of you when I come out here and I see your passion to fight for other people and make they have their dignity and rights. I want to thank you, Joy, and all our friends at Planned Parenthood for being there when we need you the most.

I am going to join this army, I’m going to help lead this army, whatever you need me to do, I will be there my friends. It’s all about showing up just like you showed up here on this beautiful day in Brooklyn. Thank you everybody.

Standing Up for Women’s Reproductive Rights

Senator Gillibrand said,”Having control over your own body and your own future is a basic human right. But that right is being threatened every day. The recent law in Texas – and the Supreme Court’s refusal to block it – is dangerous and disturbing. This law is not just unconscionable, it’s unconstitutional. At the federal level, we must pass the Women’s Health Protection Act, which would create federal protections against state restrictions that fail to protect women’s health and intrude upon personal decision-making. Here in New York, we luckily have a governor who understands and champions fundamental reproductive rights. I stand ready to support Governor Hochul’s efforts to ensure that providers, patients and the people of New York have the best information about abortion care and the resources to get the care they need.”

Representative Carolyn B. Maloney said, “The Supreme Court’s failure to block the draconian Texas anti-choice SB8 law flies in the face of decades of precedent and is a major blow to Americans’ constitutional right to an abortion. SB 8 makes it illegal to end a pregnancy under nearly all circumstances after 6 weeks — before most people even know they’re pregnant. This devastating ruling by the highest court will most impact BIPOC and lower income individuals who often do not have the same access to health care or ability to travel out of state to access an abortion. The House has already voted to repeal the Hyde Amendment, and we must pass the Women’s Health Protection Act.  Here in New York, I’m so proud to have a governor like Kathy Hochul, who I know will work each and every day to protect New Yorkers’ reproductive rights.”

New York Senate Majority Leader Andrea Stewart-Cousins said, “In New York, we have shown that we are ready to protect women’s right to choose and access high quality reproductive healthcare,” “I want to thank Gov. Hochul and all the partners involved in this campaign, for amplifying the message that in New York, we will continue to be the standard bearers for women’s reproductive rights. With this campaign we are saying that in New York, women’s health matters, women’s decisions matter and the reproductive rights of ALL New Yorkers’ and visitors alike are protected.”

Senator Liz Krueger, Co-Chair of Bipartisan Pro-Choice Legislative Caucus said, “For many years before we passed the Reproductive Health Act in New York, we were told by opponents of choice that it was unnecessary, because the Supreme Court would never overturn Roe v. Wade. And yet here we are: just two years after passing the RHA, a Court packed with radical extremists has upheld Texas Republicans’ flagrantly unconstitutional forced-birth law. Opponents of reproductive freedom have made clear that their attacks on women will not let up, so neither can we. I thank Governor Hochul for taking a strong stand for the rights of women and families to make their own reproductive decisions without government interference.”

Assemblymember Deborah J. Glick said, “Texas’ draconian abortion ban is deeply disturbing, but not surprising. Despite a majority of Americans supporting a pregnant person’s right to choose, anti-choice extremists continue to try to undermine our constitutional right to seek reproductive health care, including abortions. I have worked tirelessly to protect and strengthen reproductive rights, and I am proud to have led the charge to codify Roe v Wade in New York State state law in the Reproductive Health Act for just this eventuality. Texas’ disgraceful law shows us why we must continue to fight to protect our right to choose.”

Assemblymember Rodneyse Bichotte Hermelyn, incoming Chair of the New York State Assembly Task Force on Women’s Issues said, “We cannot allow oppressive, anti-woman bans on our bodies to penetrate our state or nation. The GOP-led stripping of women’s rights in Texas must be stopped. We need to protect women from the Court’s inaction, which could jeopardize our reproductive rights everywhere. I am grateful to the Governor, Kathy Hochul, and Sen. Gillibrand for taking a stand to make sure these archaic laws never undermine our health care in the state of New York.”

Assemblymember Kimberly Jean-Pierre, Chair of the Legislative Women’s Caucus said, “Make no mistake, Texas’s draconian new abortion law is an unconstitutional attack on the reproductive rights of women across our nation. Here in New York, we will always stand up for the right of women to make their own reproductive health choices, and under the leadership of Governor Hochul, I know that our state will continue to be a safe haven for women and their access to care in the face of this abhorrent assault on our fundamental rights to reproductive freedom.”

Assemblymember Karines Reyes, Co-Chair of Bipartisan Pro-Choice Legislative Caucus said, “The abortion ban recently enacted in Texas is completely reprehensible. A women’s right to an abortion is just that – a right – and in New York we will always do everything we can to protect a women’s right to choose. I thank Governor Hochul for taking aggressive actions to affirm abortion rights in New York and making sure that every woman in New York knows her rights.”

Manhattan Borough President Gale A. Brewer said, “While other states are cracking down on reproductive rights with needless and extreme laws, here in New York State Governor Kathy Hochul is taking action to ensure that we remain a beacon of hope. All reproductive health, including abortion must be legal, safe, accessible, and affordable. That’s what today’s announcement by Governor Hochul aims to promote.”

Robin Chappelle Golston, President & CEO of Planned Parenthood Empire State Acts said, “Make no mistake – there is a national effort to destroy access to abortion in this country and we must be just as aggressive to expand reproductive healthcare. This is our moment, to not just hold the line on access to abortion here in New York, but to boldly advance it. Everyone deserves the freedom to control their own body, make personal decisions and shape their own future. I want to thank Governor Hochul for her shared and unwavering commitment to this vision, and for the steps she is taking to ensure New York remains a beacon of freedom and access for all.”

Donna Lieberman, Executive Director of the New York Civil Liberties Union said, “We’ve done it before and we’ll do it again: New York will open its doors to those in need of an abortion and stand up against any state that puts a bounty on reproductive freedom. In the face of Texas’ blatantly unconstitutional attacks on abortion access, we applaud Governor Hochul’s decisive action in partnering with experts and stakeholders to ensure New York is a haven state for all who need abortion care. We will not let Texas, or any other state that tries to follow suit, turn back the clock.”

Camille A. Clare, MD, MPH, CPE, FACOG, chair of ACOG District II said, “In a time when women’s reproductive healthcare is under attack across this country, the American College of Obstetricians and Gynecologists, District II is proud to stand with Governor Hochul as she prioritizes access to comprehensive abortion services. Abortion is health care and ACOG District II supports and uplifts the voices of the women seeking abortion services and the medical professionals who provide them. New York State must become a safe haven for anyone seeking abortion care and our medical leadership looks forward to partnering with the Governor and the Department of Health as they work to ensure a comprehensive and transparent system of abortion care here in New York.”

Andrea Miller, President of the National Institute for Reproductive Health Action Fund said, “Texas has passed the most extreme abortion ban in the country, leading to a crisis point for abortion access. The NIRH Action Fund is pressing forward in every state and city we can to secure equitable access to abortion care — because everyone who needs care should receive with it with support, with dignity, and without fear. We applaud Governor Hochul for taking bold action to ensure that New York State is doing all it can to ensure access to all New Yorkers and all those who travel here for care. We invite governors and legislators in states across the country to follow her lead.” 

Plan to Ensure the Right to Abortions in New York State 

In an effort to ensure the right to abortions in New York State, the Department of Health will develop webpage on the provision of abortion care, complete with a Patient Bill of Rights. This will include information on abortion care in New York State, patients’ rights to abortion care within New York State, and links to identify providers who offer abortion services.

DOH will convene a group of experts to develop and issue a guidance document on the provision of abortion care in New York State. This will include collaboration from American College of Obstetricians & Gynecologists, National Abortion Federation, National Institute for Reproductive Health, Planned Parenthood Empire State Acts, New York Civil Liberties Union and clinical providers with an expertise in abortion care. Webinar on guidance document and clinical considerations will be open to providers across New York State and recorded for ongoing availability on the DOH website.

Guidance for Individual Provider Discretion Under Reproductive Health Act

The New York State Department of Health will develop guidance with an emphasis on clarifying the full scope of individual provider discretion under the Reproductive Health Act, and the definition of the term “commencement of pregnancy” as it relates to abortion care. The New York State Abortion Guidance Document will be shared with all New York State clinical providers able to perform abortion in New York State via the Health Commerce System.

Regulatory Updates

The Department of Health will enact regulatory updates including to allow for provision of services via telehealth. These updates will ensure that medication abortion is more easily accessed during telehealth visits, and with the goal of making this an option irrespective of the pandemic.

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© 2021 News & Photo Features Syndicate, a division of Workstyles, Inc. All rights reserved. For editorial feature and photo information, go to www.news-photos-features.com, email [email protected]. Blogging at www.dailykos.com/blogs/NewsPhotosFeatures. ‘Like’ us on facebook.com/NewsPhotoFeatures, Tweet @KarenBRubin

Biden Offers Detailed Agenda for Women’s Rights, Equality

Women’s March 2020, New York City. Vice President Joe Biden, the presumptive Democratic candidate for president, understands the complexity of Women’s Issues, and has unveiled a detailed plan, an agenda © Karen Rubin/news-photos-features.com

The “Women’s Agenda” has always been complex and complicated, going way beyond reproductive freedom and the rights to control one’s own body and therefore one’s own destiny. These basic rights are fundamental to all others, particularly women’s ability to fulfill their full potential and accumulate the economic and political resources they could. But Women’s Issues have always crossed over to a range of economic rights (income parity, gender discrimination, parental leave), legal rights to housing and property, gun violence prevention, domestic violence, climate justice, criminal justice, voting rights, health care , the list goes on and on.

Vice President Joe Biden, the presumptive Democratic candidate for president, understands the complexity, so has unveiled a detailed plan, an agenda, for how his administration would address all these categories.

He has won the endorsement of many women leaders, including Senator Elizabeth Warren, as well as scores of organizations.

In her endorsement, Ilyse Hogue, president of NARAL Pro-Choice America, stated: “The choice is clear: In his four years in the White House, Donald Trump has exhibited unprecedented cruelty and put lives and freedom on the line time and time again—and this November, we have the opportunity to elect Vice President Joe Biden, a deeply compassionate and thoughtful leader who knows that fighting for reproductive freedom for every body is part and parcel of a just society. NARAL Pro-Choice America and our 2.5 million members are committed to powering Vice President Biden to victory this November and working with his administration to protect and expand access to abortion care and birth control. Joe Biden will stand for freedom over Donald Trump’s desire to control women. He will put a stop to Trump’s dangerous anti-choice political agenda when so much hangs in the balance. As we continue to face a public health crisis, a national reckoning with entrenched white supremacy, and attacks on reproductive freedom, another four years under Trump would be devastating—to our rights, our families, and our democracy. Vice President Biden will lead our nation forward with dignity and vision at a time when our freedoms are under unprecedented assault.”

This extremely detailed agenda is from the Biden campaign:

Joe Biden is going to build our country back better after this economic crisis and that includes ensuring we get closer to full inclusion of and equality for women. Women — particularly women of color — have never had a fair shot to get ahead in this country. Today, too many women are struggling to make ends meet and support their families, and are worried about the economic future for their children. This was true before the COVID-19 crisis, but the current global health crisis has exacerbated these realities for women.
 
For Biden, it’s a simple proposition: his daughter is entitled to the same rights and opportunities as his sons. He believes every issue is a women’s issue — health care, the economy, education, national security — but women are also uniquely and disproportionately impacted by many policies. As President, Biden will pursue an aggressive and comprehensive plan to further women’s economic and physical security and ensure that women can fully exercise their civil rights. Biden will:

  • Improve economic security. Biden will start by fighting for equal pay, investing in women-owned small businesses, expanding access to education and training, and strengthening pay and benefits in careers disproportionately filled by women.
  • Expand access to health care and tackle health inequities. Biden will expand access to high-quality, affordable health care for all women.
  • Help women navigate work and families. Biden will expand access to affordable child care and care for older Americans and people with disabilities, and provide paid leave and other important workplace benefits and protections.
  • End violence against women. Biden will work to end violence against women, continuing his leadership on this issue since he authored the Violence Against Women Act in 1994.
  • Protect and empower women around the world.

Biden will start on day one of his Administration leading by example, making sure his political appointees, including his Cabinet, and our entire federal workforce look like the country they serve. Biden has committed to selecting a woman to be his Vice President and an African American woman to be his first nominee to the U.S. Supreme Court, but his commitment to ensuring women help lead his Administration does not end there. As President, Biden will nominate and appoint people who look like the country they serve. He will reissue and mandate strict compliance with the Obama-Biden executive order to promote diversity and inclusion in the federal workforce, which President Trump has ignored. He will modify it to mandate that Cabinet agencies and other executive branch agencies work with federal employee unions to create and implement a diversity and inclusion plan for the federal workforce. And, he will provide more training and mentoring opportunities to improve retention, and collect better data about who is applying for federal service positions as well as being promoted.
 
Biden will also structure his Administration to ensure women’s issues remain at the forefront of policy efforts. Biden knows that addressing the challenges faced by women and girls is more than just a campaign promise — it’s an imperative if the Administration is going to succeed in its broader efforts to make sure the government and economy work for all Americans. Biden will ensure that his administration aggressively protects the rights and addresses the unique needs of all women, including Black women, Latina women, Native women, Asian American and Pacific Islander womenwomen with disabilities, and lesbian, bisexual, transgender, and queer women. The Obama-Biden Administration created the White House Council on Women and Girls to make sure the federal government was doing its best to tackle issues like equal pay, paid family leave, and poverty in an effective manner. The Trump Administration then disbanded it and put nothing in its place. Biden will create a White House Council on Gender Equality, chaired by a senior member of the Executive Office of the President tasked solely with guiding and coordinating government policy that impacts women and girls, such as economic policy, health care, racial justice, gender-based violence, and foreign policy.
 
As President, Biden will work with advocates across the country to pass the Equal Rights Amendment (ERA) so women’s rights are once and for all explicitly enshrined in our Constitution. Biden co-sponsored the ERA nine times. As President, he will work with advocates across the country to enshrine gender equality in our Constitution. Now that Virginia has become the 38th state to ratify the ERA, Biden will proudly advocate for Congress to recognize that 3/4th of states have ratified the amendment and take action so our Constitution makes clear that any government-related discrimination against women is unconstitutional.
 
IMPROVE ECONOMIC SECURITY
 
Women hold only 32% of the wealth men have accumulated and women of color only hold pennies on every dollar a white man holds. Women in the workforce, on average, earn less than men do. When they start a business, they have less access to capital, and have to dip into their personal financesOnly 56% of women ages 18-34 are able to save, compared to 70% of men. And women — primarily Black women — hold two-thirds of the nation’s student debt, both exacerbating and resulting from racial and gender wealth gaps. This is especially detrimental for the over 4 in 10 mothers — especially women of color — who are sole or primary breadwinners for their families.
 
Biden will tackle this wealth gap, including by fighting for equal pay, ending other forms of workplace discrimination and harassment, encouraging and supporting women entrepreneurs and small business owners, making education and training more affordable, providing pathways into high-paying professions, expanding access to paid leave and child care, and strengthening union organizing and collective bargaining.
 
Fighting for Equal Pay
 
For every dollar a man makes, the average woman makes 82 cents — with Black women earning 62 cents, Native women earning 57 cents, and Latinas earning 54 cents. For a woman who works full time, year round, that’s a gap of more than $10,000 annually. This gap adds up, on average, to over $400,000 throughout a forty-year career and roughly $1 million for women of color. The gender wage gap starts when young women first start working and continues for older women even into retirement, no matter the woman’s education level or occupation. It can exacerbate other biases, with a magnified impact for women of color, transgender women, women with disabilities, and immigrant women.
 
The Lilly Ledbetter Act Fair Pay Act was the first piece of legislation the Obama-Biden Administration enacted, and Biden will continue to prioritize closing wage gaps and ending paycheck discrimination. He strongly supports Senator Patty Murray and Congresswoman DeLauro’s Paycheck Fairness Act, which codifies and expands critical Obama-Biden protections for workers’ paychecks. He will build on it as President and protect workers against retaliation for discussing wages. Today, one in four private-sector workers are in a workplace where they can’t talk about their current wage rate with other employees without fear of retribution from their employers. Many states and the District of Columbia outlaw employers from retaliating against workers who talk about pay. Under a Biden presidency, it will be national. Biden will also:

  • Strengthen enforcement and accountability. Biden will take action to strengthen the ability of employers to challenge discriminatory pay practices and hold employers accountable. He will make it easier for employees to join together in class action lawsuits, shift the burden to employers to prove that any gender-based pay gaps exist for job-related reasons and business necessity, and increase penalties against companies that discriminate. And, he will hold companies accountable by expanding funding for the Equal Employment Opportunity Commission, the U.S. Labor Department’s Office of Federal Contract Compliance Programs, and the U.S. Justice Department’s Civil Rights Division to increase the number of anti-discrimination investigators, litigators, and enforcement actions.
  • Make wage gaps transparent. The Obama-Biden Administration required medium and large employers to collect and disclose compensation information by race, gender, and ethnicity to the federal government so it had better insight into pay disparities and could better target enforcement. The Trump Administration only continued to collect this data at the order of a federal court, and has announced its intent to stop collecting pay data for future years. Biden believes improving pay transparency is one essential step to ending the gender pay gap.
  • Level the negotiating playing field. By enacting the Paycheck Fairness Act, Biden will ban the use of salary history to set wages and make hiring decisions, so employers have one less false justification for under-paying women and people of color.
  • Make it easier for women and all workers to organize unions and bargain collectively. Unions help close the pay gap between women and men. Women in unions earn 23% more than non-unionized women. Because Biden knows we need to build back better, he will include in the economic recovery legislation he sends to Congress a series of policies to build worker power to raise wages and secure stronger benefits. This legislation will make it easier for workers to organize a union and bargain collectively with their employers by including the Protecting the Right to Organize (PRO) Act, card check, union and bargaining rights for public service workers, and a broad definition of “employee” and tough enforcement to end the misclassification of workers as independent contractors. It will also go further than the PRO Act by holding company executives personally liable when they interfere with organizing efforts. And, he’ll restore the ability of federal workers to unionize and collectively bargain. Read Biden’s full plan to encourage unionization and collective bargaining at joebiden.com/empowerworkers. 

Ending Other Forms of Workplace Discrimination and Harassment

  • End discrimination against pregnant and nursing workers. When businesses refuse to give workers small, reasonable accommodations, like short breaks or easy access to water, pregnant workers are forced to choose between work and the health of their pregnancies. This is all too common in American workplaces, especially in industries where jobs are inflexible and physically demanding — and more likely to be held by women paid low wages, women of color, or immigrant women. Biden will follow the lead of more than two dozen states and support the Pregnant Workers Fairness Act, ensuring that employers offer women employees with reasonable workplace accommodations when their abilities are limited by pregnancy, childbirth, or a related medical condition.
  • Address harassment in the workplace. Tens of millions of workers, most of whom are women of color, report being sexually harassed at work. This harassment often leads to devastating consequences, including mental health problems and fewer opportunities for career advancement. In some egregious cases, women are forced out of their jobs. While harassment is illegal, there are too many barriers for people to seek justice. For example, 60 million workers have been forced to sign contracts waiving their rights to sue their employer and over one-third of the workforce is bound by nondisclosure agreements that stop workers from speaking out about harassment and discrimination. As President, Biden will make systemic changes to address sexual harassment and other discrimination so workplaces are safe and fair for all. He will advocate for and sign into law the Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination in the Workplace (BE HEARD) Act.
  • Better protect domestic workers, including care workers, from harassment and discrimination. Biden will work to pass the National Domestic Workers Bill of Rights so these workers — many of whom are women or people of color — are treated with dignity and respect.

Investing in Women-Owned Small Businesses

Women start businesses at two times the rate of men and now represent 42% of the nation’s businesses. But, they still raise much less capital — with only about 2% of all venture capital funds going to women-owned businesses — and are more likely to rely on personal funds. Biden will ensure women-owned small businesses have the capital, technical assistance, mentorship, and support they need to ensure they are able to grow. For example, Biden will:

  • Direct federal funding to women-owned businesses, including through his new historic $400 billion investment in additional federal purchases of products made by American workers, in his first term. This will be the largest mobilization of public investments in procurement, infrastructure, and R&D since WWII, and it will critically be designed to support small businesses and those owned by women and people of color.
  • Double funding for the State Small Business Credit Initiative. The Obama-Biden Administration created the State Small Business Credit Initiative (SSBCI) to support small businesses, driving $10 billion in new lending for each $1 billion in SSBCI funds. Biden will extend the program through 2025 and double its federal funding to $3 billion, driving close to $30 billion of private sector investments to small businesses all told, especially those owned by women and people of color.
  • Improve and expand the Small Business Administration programs that most effectively support women-owned businesses, especially those owned by women of color. Immediately after taking office in 2009, the Obama-Biden Administration started to make billions of dollars in capital available to women-owned businesses as part of the Recovery Act, and the Obama-Biden Administration’s Small Business Administration (SBA) made expansive investments in the growth of women-owned small businesses. Recognizing that women, and particularly women of color, face disproportionate and systemic barriers to securing capital for their small businesses, the Obama-Biden Administration also redesigned SBA loan programs to better serve women business owners. Biden will build on this work and expand SBA programs that target women. 

Expand Access to Education and Training
 
Biden will ensure that women receive educational opportunities to unleash their full potential to grow a stronger, more inclusive middle class. He will aggressively enforce Title IX protections to ensure that women and girls receive full access to these opportunities, from admissions to financial aid to sports. In addition, he will: 

  • Provide two years of community college or other high-quality training available without debt, invest in community college students’ success, and tackle the barriers that prevent students from obtaining their degree or credential. Women make up nearly 60% of the students who attend community college. Working with limited resources, community colleges have figured out how to provide a high-quality, cost-effective education to students often juggling additional responsibilities, such as jobs or child care, many of whom are single mothers. But as a country, we haven’t invested enough in making sure community colleges reach women who could benefit from their programs, or improve their quality and completion rates. Biden will provide two years of community college or other high-quality training programs without debt for any hard-working individual looking to learn and improve their skills to keep up with the changing nature of work. And, he will create a new grant program to assist community colleges in improving their students’ success, while also taking steps to tackle the barriers — like juggling a job and taking care of children — that prevent women from completing their community college degree or training credential. He will give states financial incentives to foster collaboration between community colleges and community-based organizations to provide wraparound support services ranging from public benefits and additional financial aid to cover textbook and transportation costs, to child care and mental health services, faculty mentoring, tutoring, and peer support groups. And, Biden will establish a federal grant program to help community colleges create emergency grant programs for women who experience an unexpected financial challenge that threatens their ability to stay enrolled.
  • Make public colleges and universities tuition-free for all families with incomes below $125,000. Biden will make public colleges and universities and private Historically Black Colleges and Universities (HBCUs) and Minority-Serving Institutions (MSIs) tuition-free for all students whose family incomes are below $125,000. This proposal will help roughly roughly 8 out of every 10 families, including 91% of Black households, 88% of Latino households, and 91% of American Indian/Alaska Native households.
  • Support colleges and universities that play unique and vital roles in their Communities. Biden will invest over $70 billion in HBCUs, Tribal Colleges And Universities (TCUs), Hispanic-serving Institutions (HSIs), Asian American And Native American Pacific Islander-serving Institutions (AANAPISIs), Alaska Native-serving Institutions and Native Hawaiian-serving Institutions (ANNHs), Predominantly Black Institutions (PBIs), and Native American-serving Nontribal Institutions (NASNTIs), building the high tech labs and facilities and digital infrastructure needed for learning, research, and innovation, and expanding career pathways for graduates of HBCUs, TCUs, and MSIs in areas that meet national priorities, including building a diverse pipeline of public school teachers.
  • Provide educational opportunities for women to pursue science, technology, engineering, and mathematics (STEM) careers. Too few women and people of color have been provided with the pathways to the high-skill, high wage, in-demand jobs that STEM careers offer, including in manufacturing and innovation. To address this disparity, Biden will invest in school vocational training and partnerships between high schools, community colleges, and employers. These partnerships will create programs that allow students to earn an industry credential upon high school graduation, a credential that readies them for a good-paying career. And, he will fund state-of-the-art workforce skill development, such as funds for the creation or expansion of technical training programs around digital, statistical, and technology skills, funded by the Labor Department. This will increase pathways for those — including women and workers of color — who are too often under-represented in critical technology jobs. Biden will make investments in pre-apprenticeship programs so that women have additional pathways into high-paying, union jobs in everything from designing to building infrastructure to manufacturing to technology to health.
  • Help develop pathways for diverse workers to access training and career opportunities. A study of Labor Department-funded individual career services — which included assistance looking for a job, help developing career plans, and one-on-one career coaching — found that earnings for workers who were provided these services increased 7 to 20%. Biden will ensure these services are universally available to all workers and people entering the workforce who need them. And, he will increase funding for community-based and proven organizations that help women and people of color access high-quality training and job opportunities.
  • Alleviate student debt burdens on women. Women, primarily Black women, hold two-thirds of the nation’s student debt. Biden will address the student debt crisis, which disproportionately affects women, by:
    • Forgiving all undergraduate tuition-related federal student debt from two- and four-year public colleges and universities for debt-holders earning up to $125,000. This will also apply to individuals holding federal student loans for tuition from private HBCUs and MSIs.
    • More than halving payments on undergraduate federal student loans by simplifying and increasing the generosity of today’s income-based repayment program. After 20 years, the remainder of the loans for people who have responsibly made payments through the program will be 100% forgiven.
    • Fixing the Public Service Loan Forgiveness Program and making it more generous by offering $10,000 of undergraduate or graduate student debt relief for every year of national or community service, up to five years. After working in public service for 10 years, the remaining debt will be forgiven.
    • Stopping for-profit education programs and private lenders from profiteering off of students.
    • Permitting the discharge of student loans in bankruptcy.
  • Ensure college campuses are safe for women. Survivors and advocates have fought to hold schools accountable and give young people truly fair access to education. When survivors step forward, they should be treated with dignity and respect and heard, not silenced. The Obama-Biden Administration worked with survivors and advocates to help bring violence against women on college campuses out of the shadows and required schools change their practices. Now, the Trump Administration’s Education Department — led by Betsy DeVos — is trying to shame and silence survivors, and take away parents’ peace of mind. Instead of protecting women, they have rolled back the clock and given colleges a green light to ignore sexual violence and strip survivors of their civil rights under Title IX, guaranteeing that college campuses will be less safe for our nation’s young people. They have let colleges off the hook for protecting students by permitting them to choose to investigate only more extreme acts of violence and harassment and requiring them to investigate in a way that dissuades survivors from coming forward. Biden will immediately put this to an end and stand on the side of survivors, who deserve to have their voices heard, their claims taken seriously and investigated, and their rights upheld.
  • Promote financial literacy programs to support female entrepreneurs. Biden will promote high school programs designed to help students — particularly students of color and girls — develop proficiency in with respect to financial planning, student loans, and debt management.

Expand Pay and Benefits for Jobs Disproportionately Filled by Women
 
Biden will focus on improving women’s economic security by expanding the pay and benefits for underpaid jobs that are disproportionately filled by women, starting by:

  • Making sure educators receive a competitive wage and benefits. During the 2017-2018 school year, approximately 76% of public school teachers were women and in 2018, public school teachers made 21.4% less than workers with similar education and experience. Teachers and school personnel do some of the most important and hardest work, but too often they aren’t justly rewarded. As President, Biden will correct this wrong. Biden will triple funding for Title I, the federal program funding schools with a high percentage of students from low-income families, and require districts to use these funds to offer educators competitive salaries and make other critical investments prior to directing the funds to other purposes. Read Biden’s full plan to give our educators the resources they deserve at joebiden.com/education.
  • Supporting our caregivers and early childhood educators. Caregivers and early childhood educators — who are disproportionately women and people of color — are poorly compensated. Direct support professionals and child care workers earn on average less than $12 an hour and $25,000 annually. This low pay contributes to extremely high rates of turnover in the care workforce, which hurts these workers and those for whom they care. Biden will maintain and grow a diverse, talented care and education workforce by providing increased pay and benefits and access to collective bargaining, training and education, and career ladders. Read Biden’s full plan for our caregivers and early childhood educators at joebiden.com/caregiving.
  • Stopping exploitation of low-wage working women, including women of color. Low-wage workers make up nearly half of all workers between the ages of 18 and 64. They are more likely to be women or people of color. Biden will:
    • Increase the federal minimum wage to $15 across the country, disproportionately benefitting women and people of color who make up the majority of workers earning under $15 an hour. This increase will include workers who aren’t currently earning the minimum wage, like the farmworkers who grow our food and domestic workers who care for our aging and sick, and people with disabilities. Biden will also support indexing the minimum wage to the median hourly wage so that low-wage workers’ wages keep up with those of middle income workers.
    • Eliminate the tipped minimum wage. For 25 years, the federal tipped minimum wage has been stagnant at $2.13, declining in value by over 40%. This perpetuates inequality for women and people of color: two in three tipped wage workers are women and more likely to live in poverty, and tipped workers of color are tipped even less than white tipped-wage workers. As President, Biden will end this discriminatory practice of a tipped minimum wage and ensure all workers have the same wage floor. He will also support small businesses like restaurants during this economic crisis, helping them get back on their feet so they can keep their doors open and pay their workers.
    • Stop employers from denying workers overtime pay they’ve earned. The Obama-Biden Administration fought to extend overtime pay to over 4 million workers and protect nearly 9 million from losing it. The Trump Administration reversed this progress, implementing a new rule that leaves millions of workers behind — including 4.2 million women. Since Trump walked away from protecting these workers who are fighting for a place in the middle class, they have lost over $3.2 billion in foregone overtime wages. As President, Biden will ensure workers are paid fairly for the long hours they work and get the overtime pay they deserve. And, he will ensure that domestic workers and farm workers receive overtime protections.

EXPAND ACCESS TO HEALTH CARE AND TACKLE HEALTH DISPARITIES
 
The Affordable Care Act was — and still is — a big deal, especially for women. Because of Obamacare, millions of women gained the peace of mind that comes with insurance. And, over 100 million people no longer have to worry that an insurance company will deny coverage or charge higher premiums just because they have a pre-existing condition like high blood pressure, asthma, diabetes, or even pregnancy. Insurance companies can no longer charge someone more because they are a woman — a practice which costs women $1 billion more than men annually. Young adults can get coverage through their parents’ insurance plans until age 26. Insurance plans have to cover essential benefits like maternity care. And, insurance plans now have to cover critical recommended preventive services free of charge.
 
But now, in the middle of a pandemic, Trump is trying to strip away all health care protections for the millions of Americans who depend on the Affordable Care Act.
 
As President, Biden will protect and build on Obamacare — to expand access, lower costs, and make quality, affordable health care a right for all. Read Biden’s full plan for building on Obamacare with a new public option at joebiden.com/healthcare.
 
Maternal Mortality
 
Before the pandemic, the U.S. already had one of the highest rates of deaths related to pregnancy and childbirth relative to other developed countries, especially among Black women, who were 2.5 times more likely to die from pregnancy complications than non-Hispanic white women, and Native women, who from 2011 to 2016 were 2.3 times more likely to die from pregnancy-related complications than were white women. California came up with a strategy that halved the state’s maternal death rate. As President, Biden will reduce our unacceptably high maternal mortality rate, starting by taking the California strategy nationwide.
 
Maternal mortality is just one example of the types of health disparities that Biden will direct his Secretary of Health and Human Services to address.
 
Reproductive Health
 
The Affordable Care Act made historic progress ensuring access to free preventive care, including contraception. The Biden Plan will build on that progress. Vice President Biden supports repealing the Hyde Amendment because health care is a right that should not be dependent on one’s zip code or income. And, the public option will cover contraception and a woman’s constitutional right under Roe v. Wade. Biden will also:

  • Stop state laws violating Roe v. Wade. Biden will work to codify Roe v. Wade, and his  Justice Department will do everything in its power to stop the rash of state laws that so blatantly violate Roe v. Wade.
  • Restore federal funding for Planned Parenthood. The Obama-Biden Administration fought Republican attacks on funding for Planned Parenthood again and again. As President, Biden will reissue guidance specifying that states cannot refuse Medicaid funding for Planned Parenthood and other providers and reverse the Trump Administration’s rule preventing these organizations from obtaining Title X funds.
  • Just as the Obama-Biden Administration did, rescind the Mexico City Policy (also referred to as the global gag rule) that President Trump reinstated and expanded. This rule currently bars the U.S. federal government from supporting important global health efforts — including for malaria and HIV/AIDS — in developing countries simply because the organizations providing that aid also offer information on abortion services.
  • Restore the Affordable Care Act’s contraception mandate in place before the U.S. Supreme Court’s Hobby Lobby decision. The recent U.S. Supreme Court decision makes it easier for the Trump-Pence Administration to continue to strip health care from women — attempting to carve out broad exemptions to the Affordable Care Act’s commitment to giving all women free access to recommended contraception. Biden will restore the Obama-Biden policy that existed before the Hobby Lobby ruling: providing an exemption for houses of worship and an accommodation for nonprofit organizations with religious missions. The accommodation will allow women at these organizations to access contraceptive coverage, not through their employer-provided plan, but instead through their insurance company or a third-party administrator. 

Health Care Protections for All

  • LGBTQ+ women. The Obama-Biden Administration ensured that insurance companies could no longer increase premiums merely due to someone’s gender, sexual orientation, or gender identity. But President Trump rolled back these basic health care protections for LGBTQ+ Americans. As President, Biden will defend the rights of all people — regardless of gender, sexual orientation, or gender identity — to have access to quality, affordable health care free from discrimination. He will also ensure coverage for comprehensive care, including covering care related to transitioning such as gender confirmation surgery. In addition, he will ban so-called “conversion therapy.”
  • Women with disabilities. Biden will provide greater access to home and community-based services and long-term services and supports in the most integrated setting appropriate to each person’s needs. He will end the institutional bias in the Medicaid program and build the capacity of our system to deliver home and community-based services. In addition, Biden will direct his Department of Health and Human Services (HHS) Office for Civil Rights to issue guidance for states and health insurance programs clarifying how the American with Disabilities Act applies to benefits and reimbursement decisions. Also, as directed by Section 1557 of the Affordable Care Act and Section 504 of the Rehabilitation Act, Biden will ensure that entities funded by HHS do not deny medical care based on disability or age.  
  • Incarcerated women. Women inherently have different basic health care needs than incarcerated men. Biden will condition receipt of federal criminal justice grants on adequate provision of primary care and gynecological care for women, including care for pregnant women.
  • Women veterans. Women currently make up 10% of the veteran population, but they are projected to be more than 16% by 2043. The Veterans Administration (VA) must continually improve its ability to meet the unique health needs and care challenges faced by the growing number of women veterans. Biden will ensure that each VA Medical Center has at least one full-time women’s primary care physician; and, within 200 days of taking office, make available a women veterans training module for community health care providers. Biden will also work with Congress to eliminate co-pays for preventive health care for women veterans and to enact the Deborah Sampson Act and ensure that the safety and privacy concerns of women veterans are addressed throughout his Administration. He will provide funding to ensure safe, reliable child care is available at all VA Medical centers.
  • Native women. The Indian Health Service (IHS) has been underfunded for decades, and does not have enough doctors or nurses to provide necessary care for American Indians and Alaska Natives. Indigenous women are particularly susceptible to a lack of preventive care, while also being far too likely to experience gender-based violence. Biden has called for dramatically increasing funding for IHS and making that funding mandatory, critical for helping Native American women access comprehensive health care, including preventive screenings, such as mammograms, trauma-informed care, and mental health treatment.

HELP WOMEN NAVIGATE WORK AND FAMILY
 
Biden has taken care of aging parents, and he’s been a single parent. He knows how hard it is to raise a family and to care for a sick family member. And, he knows how hard it is for millions of Americans who are just trying to make ends meet. The pandemic has laid bare just how hard it is for women in this country to find access to quality caregiving they need for themselves, or to juggle the responsibilities of working and also caring for family members.
 
In the United States, women overwhelmingly take on the responsibilities of caring for their families, and thus are disproportionately impacted by the gaps in our caregiving system. Only one in six American workers typically has access to paid family leave if they need it. Black and Latino individuals are even less likely to be able to take paid leave. And, when parents are forced to choose between their jobs and caregiving responsibilities, the costs are great — both to them and to the economy. Women who need to work part-time on average earn lower hourly wages and benefits. And, the lack of family friendly policies is causing many women to leave the workforce completely.
 
These decisions have real costs for families. A recent study found that a woman in her twenties who left the workforce for five years to care for her young children earns nearly 20% less over her lifetime. A similar study estimated that the absence of paid family and medical leave costs workers and their families roughly $22.5 billion a year in wages. Consequences can be especially severe for women of color who are more likely to be both breadwinners and caregivers, all while earning lower-pay to cushion the loss of work.
 
Biden will make substantial investments in the infrastructure of care in our country. He will make child care more affordable and accessible for working families, and make it easier for aging relatives and loved ones with disabilities to have quality, affordable home- or community-based care. And, he will ensure all workers have access to up to 12 weeks of paid family and medical leave, can earn 7 days of paid sick leave, and have fair and flexible schedules so they can more easily manage their families and careers.
 
Biden will:

  • Ensure mothers and all parents can access high-quality, affordable child care. Biden will build our child care infrastructure back better for the long-term, including by making high-quality child care affordable and preschool available for three- and four-year-olds. His plan will cultivate the potential of young children, provide parents — primarily mothers — with career opportunities and economic security, create an additional 1.5 million early education jobs, and improve the existing jobs for the essential workers who educate our young children. Biden will:
    • Provide 3- and 4-year-olds access to free, high-quality pre-kindergarten, laying a strong foundation for children and saving parents thousands of dollars a year on child care costs. Students who enter kindergarten school-ready are nearly two times more likely to master basic skills by age 11One study found students who enter kindergarten school-ready are also less likely to repeat a grade and are more likely to graduate from high school. And studies show that high-quality preschool reduces the school readiness gap caused by systemic racism. So parents and guardians can choose what works for them, Biden will partner with states to provide a mixed delivery system that includes public school systems, child care centers and family child care providers, and Head Start.
    • Offer low-income and middle-class families an up to $8,000 tax credit to help pay for child care. Families will get back as a tax credit as much as half of their spending on child care for children under age 13, up to a total of $8,000 for one child or $16,000 for two or more children. The tax credit will be refundable, meaning that families who don’t owe a lot in taxes will still benefit, and Biden will actively work with child care experts to explore ways to make it advanced, so cash-strapped families can immediately benefit from the credit. The full 50% reimbursement will be available to families making less than $125,000 a year. And, all families making between $125,000 and $400,000 will receive a partial credit ensuring that in no case will they get less under the Biden plan than they are eligible for today.
    • Provide access to affordable, high-quality child care on a sliding scale for low-income and middle-class families who would prefer this option over the tax credit for young children. For young children ages 0-5, Biden will adopt the child care program envisioned in Senator Murray and Congressman Bobby Scott’s bipartisan Child Care for Working Families Act. He will:
      • Save families money by helping them with child care costs. Biden will partner with states to provide sliding scale subsidies so that the cost of child care for low-income and middle-class families will be based on what they can afford. For children under the age of 5, no family earning below 1.5 times the median income in their state will have to pay more than 7% of their income for quality care, which was the affordable child care benchmark set by the Obama-Biden Administration. Biden will also set aside a portion of the funds for tribes to expand access to quality child care for Native children, as well as for outlying areas including U.S. territories.
      • Invest in quality child care standards and a well-trained and well-compensated child care workforce. The quality of care matters: nearly all of brain development happens before a child turns three-years-old. For low-income children, every dollar invested in high-quality child care can result in a $7.30 return with lifetime impacts for children, as they grow up healthier, do better in school, and earn more over the course of their lifetimes. Biden will ensure families have access to the quality care their children need by working in partnership with states to ensure providers meet rigorous quality standards. These standards will include a developmentally appropriate curriculum, small class sizes, and support positive interactions between educators and children that promote children’s socio-emotional development. He will also provide funding reflective of the true cost of quality care. Recognizing that quality begins with supporting the early childhood workforce, Biden will invest in strategies to retain and grow the pool of diverse, talented early childhood educators and give them the time, resources and support – like coaches, training and education opportunities for certification, and financial stability – that they need to provide children an excellent education. (Read more about his plan to elevate the compensation, benefits, training and education opportunities for certification, and dignity of early childhood educators educators.)
      • Expand access to care that works for working parents. Many women are working in low-wage jobs with nontraditional hours, making it especially hard to find care that works with their schedules. Biden will fill critical child care shortages, including in the early mornings, evenings, and weekends, and in many rural communities and other child care deserts that do not have enough providers today. He will build safe, energy-efficient, developmentally appropriate child care facilities, including in workplaces and in child care deserts, and renovating existing facilities, so that parents and guardians never again have to search in vain for suitable child care options again. (Read more about his plan for building and renovating child care facilities). He will also offer bonus payments to providers who operate during nontraditional hours and create a Child Care Growth and Innovation fund that will provide grants to programs filling essential needs, including expanding access to high-quality care for families with high barriers to care. And, he will ensure all families are able to choose high-quality child care that works for them, whether a child care center, home-based care with a family child care provider, or an informal arrangement with a friend, family member, or neighbor. Biden will build on the Obama-Biden Administration’s efforts to ensure Early Head Start is an option for families that will benefit from comprehensive family support and child development resources, including through doubling Early Head Start-Child Care Partnerships.
    • Ensure families with school-aged children have expanded access to after-school, weekend, and summer care. Biden will expand Child Care Development Block Grant subsidies to increase the number of school-aged children up to age 13 in low-income families who can benefit from the program. Low- and middle-income families will also be able to take advantage of Biden’s expanded, refundable tax credit to help cover after-school, weekend, and summer care costs. And, Biden will expand support for community schools, which often provide before, after-school, and summer learning opportunities, and increase funding for after-school programs, community centers, and extracurriculars to keep children safe, learning, and having fun when school is not in session.
    • Make sure more military children have access to the quality child care Department of Defense provides. Biden will fully fund installation-based child care facilities and expand awareness of the U.S. Department of Defense fee assistance program, as supported by leading advocates for military families, so that military spouses can more easily pursue their education and careers and tap into respite care to relieve the stresses of deployments, and members of our military can rest easier knowing their children are well cared for.
  • Expand access to dignified care for older Americans and those with disabilities. Biden will help ease the financial burden on families caring for aging relatives and loved ones with disabilities and reduce unnecessary and costly hospitalizations, while providing people who need care with better, more dignified services and supports that meet their specific needs and personal choices. Biden will:
    • Eliminate the current waitlist for home and community services under Medicaid. Approximately 800,000 people are on the waitlist for home and community care under Medicaid. It can take as many as five years for these individuals to get the services they badly need. Biden will increase Medicaid funding to states, the District of Columbia, and outlying territories to pay for the full cost of ensuring these 800,000 individuals and families receive long-term services and supports in the most appropriate setting, with the support of qualified care providers. Following the elimination of the current waiting list, states will be given a choice to convert their current home and community based care services waivers into a new state plan option with an enhanced federal match. This will enable states to make home and community-based services more available to more people in need.
    • Establish a long-term services and supports innovation fund to help expand home- and community-based alternatives to institutional care. Biden believes we must move aggressively to eliminate the institutional bias that pervades our public program and will dedicate substantial resources to this fund to help states and locally based entities test and scale up innovative models that expand home- and community-based alternatives. These could include a number of approaches that provide care while allowing individuals to retain independence, such as day programs and respite services that enable unpaid caregivers to work, alternative home and community models that coordinate or directly provide care, and Medicaid buy-in models. 

Read Joe Biden’s full plan for Mobilizing American Talent and Heart to Create a 21st Century Caregiving and Education Workforce at joebiden.com/caregiving.

Biden will also ensure women and all workers have comprehensive paid leave and fair and flexible schedules.

  • Guarantee up to 12 weeks paid leave for all workers. Eight in ten workers don’t have dedicated paid family leave to care for a new child or loved one. Biden will create a national paid family and medical leave program to give all workers up to 12 weeks of paid leave, based on the FAMILY Act. Workers can use this leave to care for newborns or newly adopted or fostered children, for their own or family member’s serious health conditions, or for chosen family; or to care for injured military service members or deal with “qualifying exigencies arising from the deployment” of a family member. During their time away from the job, workers will receive at least two-thirds of their paycheck up to $4,000 so they can better afford to take leave — with low- and middle-wage workers receiving larger shares of their paycheck. All workers will qualify for the program, including public- and private-sector workers, part-time workers, independent contractors, workers who change jobs, and small business employees. Biden’s plan will also guarantee paid leave for survivors of domestic violence, sexual assault, or stalking, to give them time and space to seek physical or mental care or counsel, find new housing, or take other steps to recover. Biden will pay for this national paid leave program by making sure the super wealthy pay their fair share in taxes. Biden will also make sure small businesses get the support they need to survive the crisis, keep their workers employed, and come out the other side stronger.
  • Require employers to permanently provide up to seven days of paid sick, family, and safe leave. As women and all workers go back to work, they need to know that they can take time off if they get sick with COVID-19, and that their co-workers can take off as well. But current emergency paid leave law leaves out tens of millions of workers, with women and workers of color more likely to be excluded. Biden would ensure paid leave for all workers who get sick with COVID-19, for as long as they need to recover and complete quarantine — leave paid for by the federal government, for a worker’s full salary up to $1,400 a week. He would also guarantee federally-funded paid leave for workers caring for family members or other loved ones sick with COVID-19. We also need to provide all workers with permanent, paid sick leave. Biden will call for the type of sick leave called for in Senator Murray and Congresswoman DeLauro’s Healthy Families Act, requiring employers to allow workers to accrue seven days paid sick leave for workers to go to the doctor, get a flu shot, recover from an illness, or care for a sick child or family member, or a family member with disability-related needs; and to provide survivors of domestic violence, sexual assault, or stalking the ability to use their sick leave as “safe days” to get the services and assistance they may need to heal.
  • Support workers’ ability to have fair and flexible schedules. When parents choose to take a more flexible job, they are generally penalized by earning far less per hour than if they worked in jobs with inflexible and long hours. And millions of workers, especially low-wage workers, have to work in jobs where they often do not know their work schedules until days or hours ahead of their shifts, making it harder for them to count on a predictable paycheck and plan for family or professional needs like child care, elder care, or education. When companies ensure stable schedules, research has shown it can be a win-win for employers and employees, as productivity and sales increase and workers’ lives improve. Biden will work to ensure more workers have fair, predictable schedules and flexible schedules when they need it. Biden will build on the work of many cities and states around the country that have already passed fair workweek laws to give workers more stable and predictable schedules, treat part-time workers with dignity, and provide workers with options for more flexibility.
  • Support informal or family caregivers. Biden will ensure that informal caregivers — family members or loved ones who do this work unpaid — are supported with a $5,000 tax credit for informal caregivers, Social Security credits for people who care for their loved ones, and professional and peer support for caregivers of wounded, injured, or ill active duty service members and veterans. 

END VIOLENCE AGAINST WOMEN
 
One of the driving forces throughout Biden’s career has been fighting back against abuses of power — whether economic or physical power. That force motivated him to write and champion the Violence Against Women Act (VAWA). He wrote and spearheaded the groundbreaking VAWA in 1990 at a time when few in Washington cared about domestic violence and sexual assault. He lifted survivors’ voices, won over the skeptics, and pushed until the bill became law in 1994. The Act created a national hotline for victims. It funded shelters and crisis centers. It trained law enforcement in communities across the country so they were better prepared to investigate violence against women and support survivors of violence. And, it helped change the way Americans understand and fundamentally view violence against women.
 
Since then, Biden has continued this work by leading efforts to ensure Congress passed legislation renewing and strengthening the Violence Against Women Act (VAWA) three times: in 2000, 2005, and 2013. Each time, the VAWA reauthorization has upped the ante and ensured that especially vulnerable communities — from Native women to LGBTQ+ individuals — are included in the Act. Also while in the Senate, Biden introduced and helped pass the William Wilberforce Trafficking Victims Protection Reauthorization Act in 2008. As Vice President, he established the first White House Advisor on Violence Against Women and started a national effort to change the culture on campus sexual assault. After leaving the White House, Biden continued his work to change the culture of violence and end campus sexual assault through the Biden Foundation.
 
As President, Biden will build on his strong track record of getting things done for survivors of gender-based violence by pursuing a bold plan to save more lives and make communities safer for all. He will:

  • Reauthorize VAWA and keep guns out of the hands of abusers. One of Biden’s top first 100 day priorities will be to reauthorize VAWA if Leader McConnell has still refused to bring the bill to the floor in the Senate. This reauthorization includes significant, forward-looking improvements and innovations, such as reforms to keep firearms out of the hands of abusers by closing the so-called “boyfriend loophole” and “stalking loophole.”
  • Expand the safety net for survivors of domestic and sexual violence by establishing a new coordinated housing initiative, expanding access to housing assistance, and protecting survivors from housing discrimination; providing cash assistance to survivors to help build safety and security; allowing survivors to access their retirement savings as they rebuild their lives; and guaranteeing paid domestic violence, sexual assault, and stalking safe leave.
  • Empower and protect our young people. Biden will expand requirements for comprehensive sexual assault, stalking, and dating violence prevention education on college campuses; expand survivors’ reporting rights and options on college campuses; restore Title IX guidance for colleges and increase fines imposed on colleges for Clery Act violations (failing to report statistics about campus safety) as well as develop stronger enforcement protocols to oversee reporting under the U.S. Department of Education; and expand prevention and services to public K-12 schools.
  • Support the diverse needs of survivors of violence against women. Biden will strengthen and expand VAWA’s reach to women in marginalized communities. He will:
    • Expand grants to enhance culturally-specific services for survivors of sexual assault, domestic violence, dating violence, and stalking. Since 2005, VAWA has funded a grant program to support targeted, community-driven strategies that include trauma-informed and culturally-specific programs that focus on the development of holistic prevention and intervention services for survivors from racial and ethnic minority communities. The Biden Administration will expand the resources available to scale up these initiatives and integrate a broader array of community-based organizations to address complex community needs in order to expand pathways to safety for survivors and continue to build community leadership to prevent and address domestic violence and sexual assault.
    • Reaffirm Tribal sovereignty to support victims and hold offenders accountable, and expand federal resources for Alaska Native and American Indian women and girls impacted by violence and abuse. More than 1 in 2 Native women are subject to sexual violence in their lives, with more than 1 in 7 experiencing it in the past year, and murder is the third leading cause of death of Native women. Biden fought for tribes’ rightful authority to protect Native women from abuse, a battle won in 2013 with the Violence Against Women Act reauthorization that recognized tribes’ inherent power to exercise special criminal jurisdiction over non-Indian offenders who commit domestic violence, dating violence, or violate a protection order. Biden will reaffirm tribal sovereignty and expand the crimes for which tribes can exercise special criminal jurisdiction, including sexual assault, stalking, child violence, and trafficking, through signing into law VAWA 2019. And, Biden will take a comprehensive approach to end the epidemic of missing and murdered indigenous women. He will work to close the data gap, increase funding and support for tribes in building their own programs, expand tribal authority, grow coordination among law enforcement agencies and provide additional resources to tribal enforcement, and expand access to culturally sensitive resources for survivors. He will ensure that federal law enforcement prioritizes public safety in Indian Country and with engagement from tribal communities. And, he will ensure Native people are at the table, listened to, and part of the solution.
    • Invest in the well-being of adolescent girls of color to reverse the upward trend of young women impacted by trauma becoming caught in the juvenile justice system — and offering pathways for their justice and healing to reduce their likelihood of experiencing incarceration as adults. The Biden Administration will take action to recognize the disproportionate rates of harsh school discipline practices and juvenile justice responses to adolescent girls of color who are often struggling to cope with trauma, including trauma from sexual abuse, dating violence, or trafficking. These survivors may run away from home to escape an abusive caregiver, or repeatedly miss school due to violence, and rather than being provided trauma-informed counseling, victim advocacy, or other supports, they are punished and thrust into a cycle of justice-system involvement — most of the time for non-violent behavior. As President, Biden will reinvest in the National Girls Initiative of the Department of Justice Office of Juvenile Justice and Delinquency Prevention to support communities and schools to develop gender-specific and trauma-informed prevention and treatment programs and services as alternatives to girls being placed in juvenile detention. To complement the revival of the National Girls Initiative, Biden will also expand funding for the VAWA Consolidated Youth Program.
    • Combat the epidemic of violence against transgender women of color and reduce domestic violence, dating violence, sexual assault, and stalking against LGBTQ+ individuals. Lesbian, bisexual, and transgender women experience high rates of physical or sexual violence by a partner at some point in their lives. Biden will reduce domestic violence, dating violence, sexual assault, and stalking against LGBTQ+ women by enacting the VAWA reauthorization and working to include sexual orientation and gender identity nondiscrimination protections in the Family Violence Prevention and Services Act reauthorization. And, he will seek permanent funding for the National LGBTQ Institute on IPV to prevent and address LGBTQ+ intimate partner violence. He will also combat the epidemic of violence against transgender women of color. The Biden Administration will make prosecuting their murderers a priority and direct federal resources to help prevent violence against transgender women, particularly transgender women of color. He will also enforce and strengthen the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act and support LGBTQ+ survivors of violence. Read Biden’s full plan to advance LGBTQ+ equality in America and around the world at: joebiden.com/lgbtq-policy/.
    • Support older women. Biden will commission the Centers for Disease Control and Prevention to conduct the first-ever national prevalence study on intimate partner and sexual violence on women and men ages 50 and older, expand the Elder Justice AmeriCorps program to include a dedicated focus on legal advocacy for domestic violence and sexual assault victims, including the sexual abuse of older adults in nursing homes, and increase funding for communities to build multidisciplinary teams to prevent and address violence against older women, with a focus on investing in rural communities with aging populations.
    • Support women and girls with disabilities. Biden recognizes that people with disabilities are at greater risk of abuse, violence, and harassment in their homes, places of employment, and schools.Women with disabilities on college campuses report higher rates of sexual assault relative to those without a disability. And, “[p]eople with intellectual disabilities are sexually assaulted at a rate seven times higher than those without disabilities.” The Biden Administration will put a quick end to Trump and Secretary DeVos’ rule undermining Title IX protections for students, and strengthen and expand Violence Against Women Act (VAWA) protections to women and young people with disabilities who are too often left out of current VAWA programs. He will expand funding for the Training and Services to End Violence Against Women with Disabilities Grant Program, which helps victim services organizations and states, tribes, territories, and local governments modify advocacy programs to be accessible and inclusive of people with disabilities. Read Biden’s full plan for people with disabilities at joebiden.com/disabilities.
    • Protect and empower immigrant women. Biden will:
      • Push to repeal extreme, anti-immigrant state laws that have a chilling effect on the ability of immigrant domestic violence, sexual assault survivors, and other victims of crimes to seek safety and justice. Some state laws drive victims and witnesses into the shadows and threaten public safety. As documented in a recent national survey, immigrant victims of domestic violence, sexual assault, and trafficking are increasingly afraid to contact police, pursue civil or criminal cases, or go to court to seek safety. This traps victims who either ask for help and risk deportation, retaliation by an abuser, and separation from one’s children, or stay with a violent partner and risk one’s life. Biden will work in partnership with cities, states, nonprofits, and law enforcement to build trust and push for states to repeal the laws that chill the reporting of domestic violence incidents and threaten public safety. While in U.S. care, Biden will ensure that women migrants are safeguarded against abuse or sexual assault and treated with dignity, including by providing feminine care products, banning the shackling of pregnant women, and protecting access to reproductive health care services. Biden will also follow the advice of public health experts to vastly reduce the number of people in the custody of Immigration and Customs Enforcement and the Border Patrol during a pandemic by releasing to their families or community-based care organizations those individuals in immigration detention, parents and children, who pose no risk to the community.
      • Ensure asylum laws protect people fleeing persecution. Biden will end Trump’s Migrant Protection Protocols and restore our asylum laws so that they do what they should be designed to do — protect people fleeing persecution and who cannot return home safely. He will make sure women refugees and asylum seekers have access to necessary services and protections. And, he’ll reinstate explicit asylum protections — rescinded by the Trump Administration — for domestic violence and sexual violence survivors, whose home governments cannot or will not protect them. 
      • Increase visas for domestic violence survivors, ending processing delays, and tripling the current cap of 10,000 on U-visas. Biden will also protect immigrant survivors who have applied for U-visas under the Violence Against Women Act and Trafficking Victims Protection Act by ensuring they are not detained or deported while their applications are in process. Read Biden’s full plan to secure our values as a nation of immigrants at: joebiden.com/immigration.
    • Supporting women service members and veterans. Women who sign up to wear the uniform of the United States military serve our country with the same bravery and courage as male service members. They face all the same dangers and make the same sacrifices to serve —deployments overseas, long separations from loved ones, stresses on their families — while also navigating the same types of harassment and sexism that women face in every work place. Today, women make up 16% of enlisted troops and 19% of the officer corps, and those numbers are on the rise. Every service branch of the Armed Forces must do more to address the specific needs of women service members, especially when it comes to curbing the horrific rise in reports of sexual harassment and assault in the military during the Trump Administration. Biden believes that ending assault in the military requires determined leadership and accountability at every level — starting with the commander in chief. As Vice President, Biden advocated for the creation of the Special Victims Counsel for sexual assault cases in the military. As President, he will insist that the Department of Defense leadership take urgent and aggressive action to make sure that survivors are supported and abusers are held accountable for their crimes. He will immediately appoint a commission comprised of current and former military leaders, military sexual assault survivors and their advocates, and prominent sexual assault experts, to make concrete recommendations to him within 90 days. All options will be considered to end this scourge, including how these cases should be reported and prosecuted. A Biden Administration will not tolerate the sexual assault culture that has become all too common in the veteran sector, and which can prevent women veterans from seeking out the support and services they have earned.
  • Confront online harassment, abuse, and stalking. Biden will shine a light on the online harassment, stalking, and abuse that now is a too-frequent reality for Americans, particularly for young people and women. He will convene a National Task Force on Online Harassment and Abuse, allocate new funding for law enforcement training to tackle online abuse, and support federal and state legislation creating a civil and criminal cause of action for unauthorized disclosure of intimate images.
  • End the rape kit backlog. Biden has been on the forefront of the fight to harness the power of DNA testing and bring justice and security to victims of sexual violence. He will create Regional Sexual Assault Investigative Training Academies, which will provide cutting-edge, evidence-based and trauma-informed training, increase funding for the Sexual Assault Kit Initiative, and ensure that law enforcement training addresses attitudes that lead to the neglect of testing for rape kits.
  • Change the culture that enables sexual violence. Biden has long believed that lasting change starts with addressing the culture and engaging everyone to stand up and speak out against harassment and assault. As President, he will launch a new friends and family public awareness campaign. The campaign will highlight information about evidence-based bystander intervention, including what to do if you witness or become aware of abuse taking place, how to safely intervene, and when to get help. 

Read Biden’s full plans to end violence against women at joebiden.com/vawa and his plan to address violence against women during COVID-19 at joebiden.com/plans-to-support-women-duringcovid19/.
 
PROTECT AND EMPOWER WOMEN GLOBALLY
 
Governments, economies, industries, and communities everywhere are made stronger when they include the full participation of women. Yet, women are underrepresented in positions of power in most countries around the world. Trillions of dollars are lost each year from the global economy because women are excluded from full economic participation. One in three women worldwide will experience gender-based violence in her lifetime. Globally, 130 million girls between the ages of 6 and 17 are not in school; one in five girls are likely to marry before she turns 18. These statistics are bad for women, they’re bad for countries and economies, and they are likely to worsen post-pandemic.
 
That’s why the Obama-Biden Administration put a direct focus on women’s and girls’ empowerment to enhance our national security. The Administration created the first U.S. National Action Plan on Women, Peace and Security; the first U.S. Strategy to Prevent and Respond to Gender-Based Violence Globally; as well as the first U.S. Global Strategy to Empower Adolescent Girls. As a Senator, Biden introduced the International Violence Against Women Act (IVAWA), which provided a framework for the United States to address gender-based violence globally. The Obama-Biden administration implemented many of IVAWA’s provisions via executive action and adopted its comprehensive approach to gender-based violence. 
 
Yet, instead of building on the progress of the Obama-Biden Administration, Donald Trump has abandoned American leadership and adopted policies that directly harm women, including some of the world’s most vulnerable populations. The effects of Trump’s policies are compounded as women and girls disproportionately bear the negative impact of the pandemic, particularly those in already-marginalized communities or living in fragile states or as migrants, displaced persons, and refugees. 
 
Biden believes that we must support women through the current health and economic crises, draw on their expertise to ensure an effective recovery, and address the factors that leave them vulnerable in the first place. Biden will restore America’s leading role as a champion for women and girls around the world and return to a government-wide focus of uplifting the rights of women and girls at home and abroad. He will:

  • Support women’s leadership globally. The Biden administration will break down barriers to women’s political empowerment, supporting civic education and leadership development for women and girls around the world. Biden will ensure the voices of women leaders help shape and spearhead the global COVID-19 response and recovery, leveraging their expertise, networks, and skills to optimize our efforts around the world. Biden will ensure full implementation of the Women, Peace, and Security Act, recognizing the security benefits of women’s participation and inclusion in decision-making roles. Biden has pledged to strive for gender parity and full diversity in his own national security and foreign policy appointments, elevating women into senior national security positions and ensuring that women of color are well-represented in senior ranks.
  • Elevate women economically. When we increase incomes and opportunity for women, entire communities, economies, and countries benefit. We know that COVID-19 has exacerbated pre-existing economic inequality for women around the world. We expect adolescent girls to experience an increase in domestic responsibilities and a lower rate of return to school, limiting their future economic opportunities. Biden will invest in critical areas to advance the status of women, and close gaps between the economic well-being of men and women, and boys and girls around the world by:
    • Increasing access to education as a driver of empowerment and accumulation of wealth. Biden will build on the work of the Obama-Biden Administration to promote girls’ education, and ensure girls have the same opportunities as boys to reach their full potential.
    • Enhancing financially inclusive banking and increasing women’s access to capital, so that women have the resources they need to start and expand businesses.
    • Working with partners in countries and multilateral organizations to systematically tackle and eliminate legal and attitudinal barriers to equity and inclusion.
    • Incorporating the particular challenges faced by underrepresented communities into our development policies globally, including of indigenous and ethnic minority women, Afro-Latina women, and women in the LGBTQ+ community.
  • Confront gender-based violence globally. Gender-based violence is a barrier to girls’ education, and inhibits women’s full participation in politics and the economy, holding back entire communities and countries. Globally, women are experiencing higher levels of domestic violence due to COVID-19, while at the same time facing increased difficulty accessing resources, support, and essential sexual and reproductive health information and services. Biden will work with our partners to coordinate a global response to the crisis of gender-based violence during the pandemic and beyond by:
    • Restoring U.S. funding to the United Nations Population Fund.
    • Launching multi-sectoral efforts to confront gender-based violence globally.
    • Training law enforcement to root out the corruption that enables gender-based violence and teaching authorities to effectively investigate and prosecute these crimes. 
    • Reviving America’s commitment to refugees and displaced persons and ensuring that women and girls fleeing gender-based violence are given the opportunity they deserve to seek asylum in the United States. 
  • Pursue ratification for the U.N. Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), so that we can better advance the rights of women and girls here at home and around the world.