Governor Kathy Hochul has signed legislation strengthening New York’s shield law that protects abortion providers from out-of-state prosecution. The bill enhances New York’s current shield law to allow medical providers to include only the address of the dispensing health care practice on the prescription label instead of the name of the provider or practice and requires pharmacies to abide by a prescriber’s request to remove their name from the prescription label. This legislation builds on a law signed by Governor Hochul in January, days after Louisiana officials attempted to extradite a New York-based doctor who prescribed FDA-approved abortion medication through telehealth.
“New York State is standing up to anti-choice zealots who threaten the sanctity of women’s health care and the medical professionals who provide it,” Governor Hochul said. “My message to anyone who attacks our civil liberties is simple — not here, not now, not ever.”
In December, 2024,Texas Attorney General Ken Paxton sued Dr. Margaret Daley Carpenter, a New York doctor and founder of the Abortion Coalition for Telemedicine, for providing abortion-inducing drugs to a Texas resident. In January 2025, Louisiana prosecuted the same doctor. (The Biden Administration made it clear that women could receive abortion-inducing drugs through telemedicine. Governor Hochul refused to extradite the New York doctor for prosecution to Texas and Louisiana.)
Legislation S.4587/A.5285 strengthens shield law protections for health care professionals and their patients, building on legislation signed by the Governor earlier this year. This legislation enhances shield law protections by ensuring health care professionals can request pharmacies to replace their name with the practice address on prescription labels, further safeguarding provider and patient privacy.
“I am proud to sponsor legislation, alongside Assembly Member Karines Reyes, RN, to strengthen New York’s telehealth shield law and solidify New York’s role as a national leader in protecting abortion rights,” stated State Senator Shelley B. Mayer. “New York’s brave doctors are taking significant personal risks to help women access reproductive care, and as red states pursue legal action against New York physicians performing within the scope of their practice, we must support these medical professionals. I would like to thank Assemblymember Karines Reyes for her partnership, Majority Leader Andrea Stewart-Cousins and my colleagues who supported this important legislation, and Governor Kathy Hochul for signing it into law and keeping women’s access to reproductive rights at the forefront of New York’s priorities. I also want to express my deep gratitude to the dedicated doctors who are committed to ensuring women across the country have access to critical healthcare.”
Assemblymember Karines Reyes said, “I applaud Governor Hochul and my colleagues in the Legislature for enacting my bill to swiftly strengthen our state’s shield law for abortion telemedicine services. We must ensure that New York’s medical professionals, especially in smaller practices, are able to remove personal addresses from the prescription bottles that are given to women seeking reproductive and abortion care. This will allow all parties to focus on care for women and pregnant persons, and discourage violations of patient and provider privacy.”
“I am grateful for Governor Hochul’s leadership in strengthening protections for health care providers and patients,” New York City Council Member Farah N. Louis said. “As Chair of the Committee on Women and Gender Equity in the New York City Council, I know how essential it is to ensure reproductive care remains safe and accessible—especially as we face relentless attacks on our rights. We must continue to fortify these protections and stand firm against any efforts to undermine our bodily autonomy, and continually reinforce New York’s role as a sanctuary for reproductive freedom.”
New York City Council Member Lynn Schumann said,“As Chair of the New York City Council’s Health Committee, I applaud Governor Hochul for taking decisive action to protect reproductive health care providers and patients in New York. At a time when extremists across the country are working to criminalize essential health care, this legislation reaffirms our state’s commitment to safeguarding providers and ensuring that everyone can access the care they need without fear. New York will always be a safe haven for reproductive freedom.”
Today, October 21, 2024, the Biden-Harris Administration proposed a rule to expand coverage of affordable contraception under the Affordable Care Act (Obamacare). Here is a memo from Jennifer Klein, Director of the White House Gender Policy Council which Biden established, and a fact sheet from the White House on the proposal:
Interested Parties Memo: Biden-Harris Administration Expands Coverage of Contraception Under the Affordable Care Act as Republican Elected Officials Continue Attacks on Reproductive Freedom From: Jennifer Klein, Director, White House Gender Policy Council
Under President Biden and Vice President Harris’s leadership, the Administration is taking bold action to expand coverage of contraception for the 52 million women of reproductive age with private health insurance, marking the most significant expansion of contraception benefits under the Affordable Care Act in more than a decade.
Today’s announcement builds on the Biden-Harris Administration’s strong record of defending access to reproductive health care and commitment to ensuring that women have the freedom to make deeply personal health care decisions, including if and when to start or grow their family.
Meanwhile, Republican elected officials continue to threaten women’s health, lives, and freedom through extreme abortion bans, some with no exceptions for rape or incest. Women are being denied essential medical care while doctors and nurses are threatened with jail time. Abortion, contraception, and IVF are under attack, while Republicans in Congress refuse to protect nationwide access to this vital reproductive health care. This extreme agenda is out-of-touch with the American people—which is why voters have overwhelmingly chosen to protect reproductive freedom in every state where abortion has been on the ballot.
President Biden and Vice President Harris stand with the vast majority of Americans in supporting a woman’s right to choose, and they will continue the fight against a national abortion ban and call on Congress to restore the protections of Roe v. Wade in federal law once and for all.
Read the Rest of the Interested Parties Memo Here Read President Biden’s Statement Here Read Vice President Harris’ Statement Here Read the Fact Sheet Here (and below)
FACT SHEET: Biden-Harris Administration Proposes Rule to Expand Coverage of Affordable Contraception Under the Affordable Care Act
Biden-Harris Administration Announces Proposal for Most Significant Expansion of Contraception Coverage Under the Affordable Care Act in More Than a Decade
President Biden and Vice President Harris have protected and built on the Affordable Care Act. Nearly 50 million people over the past decade have had coverage through the Affordable Care Act’s Marketplaces, and the law has protected more than 100 million people with preexisting medical conditions. Thanks to the Biden-Harris Administration, Affordable Care Act coverage is more affordable than ever with millions of families saving an average of $800 per year on Marketplace coverage.
The Affordable Care Act has also helped millions of women save billions of dollars on contraception—an essential component of reproductive health care that has only become more important since the Supreme Court overturned Roe v. Wade. As part of President Biden and Vice President Harris’ steadfast commitment to reproductive rights, the Biden-Harris Administration has further strengthened contraception access and affordability under the Affordable Care Act, through Medicare and Medicaid, through the Title X Family Planning Program, through federally qualified health centers, and for federal employees, Service members, veterans, and college students.
Today, the Biden-Harris Administration is proposing a rule that would significantly increase coverage of contraception without cost sharing for 52 million women of reproductive age with private health insurance. Building on the Affordable Care Act’s requirement that most private health plans must cover contraception without cost sharing, today’s proposed rule from the Departments of Health and Human Services (HHS), Labor, and the Treasury would:
Expand coverage of over-the-counter contraception without cost sharing. Under the proposed rule, for the first time, women would be able to obtain over-the-counter (OTC) contraception without a prescription at no additional cost. As a result, more women would be able to access and afford critical OTC medications such as emergency contraception and the first-ever daily oral contraceptive approved by the Food and Drug Administration (FDA) for use without a prescription that is now widely available across the country.
Make it easier to learn about coverage for OTC contraception. To help ensure that women understand this new benefit, most private health plans would be required to disclose that OTC contraception is covered without cost sharing and without a prescription—and take steps to help women learn more about their contraception coverage.
Strengthen coverage of prescribed contraception without cost sharing. The proposed rule would make it easier for most women with private health insurance to obtain contraception without cost sharing that is prescribed by their health care provider. Health plans would be required to cover every FDA-approved contraceptive drug or drug-led combination product without cost sharing unless the plan also covers a therapeutic equivalent without cost sharing, eliminating barriers that some women continue to face in accessing contraception prescribed by their provider.
This proposed rule, if finalized, would be the most significant expansion of contraception coverage under the Affordable Care Act since 2012, when contraception was first required to be covered. Also today, the Biden-Harris Administration is issuing new guidance to help ensure that patients can access other preventive services, such as cancer screenings, that must be covered without cost sharing under the Affordable Care Act.
The Biden-Harris Administration is issuing this proposed rule at a time when reproductive rights are under attack, and Republican elected officials remain committed to repealing the Affordable Care Act. Following the Supreme Court’s decision to overturn Roe v. Wade, dangerous and extreme abortion bans are putting women’s health and lives at risk and disrupting access to critical health care services, including contraception, as health care providers are forced to close in states across the country. At the same time, Republican elected officials in some states have made clear they want to ban or restrict birth control in addition to abortion, and Republicans in Congress have attacked contraception access nationwide by proposing to defund the Title X Family Planning Program. In contrast, President Biden and Vice President Harris believe that women in every state must have the freedom to make deeply personal health care decisions, including the right to decide if and when to start or grow their family.
Expand contraception coverage and affordability under the Affordable Care Act. The Departments of HHS, Labor, and the Treasury proposed a rule to provide a new pathway under the Affordable Care Act for women to access coverage of contraceptives when their private health coverage is exempt from covering this benefit due to a religious objection. These agencies also issued new guidance to support expanded coverage of a broader range of FDA-approved, cleared, or granted contraceptives at no additional cost under the Affordable Care Act, building on guidance issued after Roe v. Wade was overturned to clarify protections for contraceptive coverage under the Affordable Care Act. Further, HHS strengthened the standard for inclusion of family planning providers in Marketplace plan provider networks and provided nearly $9 million in grant funding to support state efforts to enhance and expand coverage of, and access to, reproductive and maternal health services, including contraception. And the Internal Revenue Service issued newguidance affirming that high-deductible health plans can cover OTC contraception as preventive care.
Bolster family planning services through Title X clinics. HHS continues to rebuild and grow the Title X Family Planning Program, which has 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. During the prior administration, more than 1,000 service sites left the Title X Family Planning Program, leading to a significant decline in people served. The Biden-Harris Administration reversed the policy changes that led to those departures, strengthening the Title X Family Planning Program and helping ensure that the Program remains a critical part of the nation’s health safety net. In 2023, HHS provided about $287 million to nearly 4,000 Title X clinics across the country to provide free or low-cost voluntary, client-centered family planning and related preventive services for 2.8 million women and families—an 80 percent increase since 2020.
Support family planning coverage through the Medicaid and Medicare programs. The Centers for Medicare & Medicaid Services (CMS) issued new guidance to state Medicaid programs and Children’s Health Insurance Programs (CHIP) to help ensure that enrollees can access family planning services. The new guidance outlined existing state obligations under federal law, highlighted strategies to enhance access to contraception, affirmed confidentiality requirements for those seeking family planning services, and shared recommendations on ways to measure quality in delivering family planning services. To help ensure that women with Medicare coverage have access to more covered types of contraception without unnecessary barriers, CMS updated its Medicare Part D formulary clinical review process for plan year 2024 and 2025 to include additional contraceptive types, such as long-acting contraceptives, and is increasing public awareness of contraceptive coverage options under Medicare Part B. The Secretary of HHS also issued a letter to state Medicaid and CHIP programs as well as private health insurers and Medicare plans about their existing obligations to cover contraception for those they serve.
Increase contraception access through federal health centers. Federal health centers continue to be an important source of family planning services: in 2023, health centers provided nearly 3 million contraceptive services visits to patients, a 14 percent increase since 2020. To support health centers in providing high-quality family planning services, the Health Resources and Services Administration (HRSA) provided updated guidance on existing federal requirements for family planning and related services, which is a required primary health care service under federal law, as well as evidence-based recommendations and resources. HRSA also adopted new data measures for health centers that will help assess whether patients have been screened for contraception needs. Screening and data measures will help enhance the overall delivery of voluntary family planning and related services.
Support contraception access for federal employees and their families. 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 to clarify standards and support expanded coverage of a broader range of FDA-approved, cleared, or granted contraceptives at no additional cost. The Office of Personnel Management also required insurers that participate in the Federal Employee Health Benefits Program to take additional steps to educate enrollees about their contraception benefits and launched a public education campaign to highlight contraception benefits available to federal employees and their families.
Promote contraception access and affordability 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 eliminated TRICARE copays for certain contraceptive services. And the Department of Veterans Affairs eliminated out-of-pocket costs for certain types of contraception through the Civilian Health and Medical Program of the Department of Veterans Affairs.
Support access to affordable contraception for college students. To help increase access to contraception for college students, President Biden directed the Secretary of Education to convene institutions of higher education to share best practices and ways to help students understand their options for accessing contraception. In 2023, Vice President Harris joined a Department of Education convening of representatives from 68 colleges and universities across 32 states to discuss promising strategies for protecting and expanding access to contraception for their students. This convening followed Vice President Harris’s multiple conversations about reproductive health access with students on college campuses across the country.
Enhance contraception access through technical assistance and public-private partnership. In June 2023, HHS announced a new five-year 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. To date, HHS has connected Upstream to more than 130 health care clinics, resulting in partnerships that will help Upstream accelerate their national expansion to reach 5 million women of reproductive age every year.
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, HHS convened leading experts to discuss the state of research, data collection, and data analysis on contraception access and family planning services. These convenings helped identify research gaps, opportunities for collaboration, and ways to bolster research efforts for both Federal agencies and external partners.
In addition to strengthening access to affordable contraception, the Biden-Harris Administration continues to implement President Biden’s threeExecutiveOrders and a Presidential Memorandum directing federal agencies to protect access to reproductive health care issued since the Court overturned Roe v. Wade. To date, the Biden-Harris 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; safeguard the privacy of patients and health care providers; and ensure access to accurate information and legal resources.
The Vice President has led the White House’s efforts to partner with leaders on the frontlines of protecting access to abortion, highlighting the harm of abortion bans to women’s health at more than 100 events in more than 20 states since Roe v. Wade was overturned, and meeting with hundreds of state legislators, health care providers, and advocates. On what would have been the 51st anniversary of Roe v. Wade, the Vice President launched a nationwide Fight for Reproductive Freedoms tour to continue fighting back against extreme attacks throughout America.
President Biden and Vice President Harris will continue to call on Congress to restore the protections of Roe v. Wade in federal law to ensure that women in every state are able to make their own decisions about reproductive health care.
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 sentletters 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 rule, 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 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.
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.
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.
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.
This week, President Biden signed into law the Violence Against Women Act Reauthorization Act of 2022, bipartisan legislation passed by Congress as part of the Omnibus appropriations package. In remarks at the signing, President Biden reflected on having authored the original VAWA, and during Women’s History Month, when Republican-led states are passing cruel and unconstitutional restrictions on women’s reproductive rights and their rights to self-determination, said:
It really wasn’t so long ago this country didn’t want to talk about violence against women, let alone as being a national epidemic, something the government had to address.
As a society, we literally looked away. We looked away. In many places, it wasn’t a crime. And I don’t recall — I don’t recall how many times I was told in the prelude to writing the legislation that it’s a “family affair.” “You don’t understand, Biden. It’s a family affair.”
When I began, along with others, to pursue this legislation to change this — this issue, we were told that we would literally be responsible for the “disintegration” of American families in the major press. It wasn’t just the wackos; it was in the mainstream press.
And we talked about creating shelters to give survivors a way out because so many don’t have a way out, and their children — by the way, the vast majority of children on the street with their mothers are there because she’s a victim of domestic violence….
This law broke the dam of congressional resistance and cultural resistance. And it brought this hidden epidemic out of the shadows. You know, its introduction — it introduced our nation to so many brave survivors who those stories changed the way America saw the issue. I mean, in the literal sense, it’s hard to believe — even when I go back and think of when — how it started and where it was.
As a practical matter, things began to shift — the legal and social burdens — away from survivors and onto perpetrators and where they belonged. It made addressing general — excuse me — gender violence a shared priority with a determined, coordinated response. It created a hotline, as I said, for millions of women who have used the hotline. And again, I’ll never forget being told the first time — I said, “What did you do?” She said, “I got behind the drapes and I held the phone. And I prayed to God — prayed to God — don’t let him hear this. Pray God. Pray God.”
It supported shelters and rape crisis centers, housing and legal assistance, creating lifesaving options for women and children all across the country. And it helped train police officers, advocates, prosecutors, judges, court personnel to make the entire justice system fair and more responsive to the needs of survivors. ..
Even in 1994, we knew that there was much more we had to do — you know, that it was only the beginning. That’s why, because of all of you in this room, every time we’ve reauthorized this law, it’s been improved. It’s not like we didn’t know we wanted to do these other things in the beginning. It’s we did as much as we could and keep trying to add to it.
Broadening from domestic violence to include stalking and sexual assault in 2000. That was the change made.
Expanding access to services for immigrants and communities of color in 2005. That was a change.
Restoring jurisdiction of Tribal courts — (applause) — over non-Native domestic violence offenders who abuse women in Indian Country. We did that in 2013.
Extending protections to everyone, regardless of sexual orientation and gender identity, in 2013. ..
The law kept growing stronger. It’s not like we didn’t know in 2005 we should be dealing with the things we dealt with in 2013. It was getting it done.
Each link in the chain that we’re building made a difference — makes a difference.
Yesterday, I signed the Bipartisan Government Funding Bill…And, consequentially, we forged the next link in the chain…
So we established a new civil rights — a new civil rights cause of action for those whose intimate images were shared on the public screen. How many times have you heard — I’ll bet everybody knows somebody somewhere along the line that in an intimate relationship, what happened was the guy takes a revealing picture of his naked friend, or whatever, in a compromising position, and then literally, in a sense, blackmails or mortifies that person — sends it out, put it online.
We’re giving survivors real resources against abuse now. Ex-partners and stalkers who seek to humiliate and hurt them.
We’ve created — you created new programs to help end the backlog of the rape kits. And those rape kits, by the way, I don’t know — you ought to go to your major cities, those of you in the House and Senate — this group probably has — which I have done. And this backlog is so significant. You could solve literally a significant portion of —
Look, the only thing I learned that’s worse than — for a woman — worse than a woman who is abused or raped and says, “It’s Charlie who did it,” and no one believes her — him against her. And when — you can take a look. If you take a look at those rape kits and you went through them all, you could identify and arrest probably 40, 50 percent of the rapists in America. They’re all there. Their DNAs are there. It’s all in line. And run it against the whole panoply. Very few rapists rape only once.
So, look, that — you know, there’s a lot that goes unprocessed. And we have to make sure survivors get compensation, and if there have been delays in their cases — you know, we’ve made improvements in the National Criminal Background Check System to help states investigate and prosecute cases when abuses — when abusers who are barred from purchasing firearms attempt to do so. That, we’ve done federally. Quite frankly, this held — that’s one of the things that held up this bill for much too long. Much too long…
Through the American Rescue Plan, the administration directed $1 billion in supplemental funding for domestic violence and sexual assault services — (applause) — because they’re badly needed.
And we’ve worked with local public housing authorities to make sure that survivors trapped in a bad situation can find safe new housing options in public housing. (Applause.) Because they don’t have (inaudible) to go. You.
And we also made landmark reforms in military justice to help end the epidemic of sexual violence and harassment in our armed forces — (applause) — fundamentally changing how the military investigates, prosecutes sexual assault, domestic violence, and other related crimes…
Earlier this month, I signed a bar- — bipartisan bill that ends what we know as forced arbitration. That’s wonderful, isn’t it? (Applause.) No, no, but I mean the small print to sign a contract, and the small print says you can’t do anything if your boss, male or female — if you end up getting abused and if you end up doing something — you know, you can’t — you have to do it internally. No more. (Applause.) No more. Really.
And 80 percent of the people who sign those don’t even know what’s in the — in the contract.
The mechanism has prevented too many survivors of abuse and harassment in the workplace from having the choice to get their day in court.
Look, these are just a few of the steps you’ve all taken and how much you’ve improved this legislation. But as everyone in this room knows, this work is not going to stop. It never stops.
Today, one year since a gunman killed eight people in Atlanta, six of whom were women of Asian descent, these horrific murders are a reminder that we still have work to do to put an end to misogyny and racism and all forms of hate we have.
We’re never going to get it all done, but we can’t ever stop trying. As long as there are women in this country and around the world who live in fear of violence, there’s more we have to do to fulfill this sacred commitment. No one — no one, regardless of gender or sexual orientation, should experience abuse. Period. And if they do, they should have the services and support they need to get through it. And we’re not going to rest.
But in the meantime, all of you should be enormously proud of what you’ve accomplished. This reauthorization is testament to the power of your voices and your tireless dedication to changing things for the better.
Fact Sheet: Reauthorization of the Violence Against Women Act (VAWA)
One of the driving forces of President Biden’s career has been fighting back against abuses of power. That force led him to write and champion the groundbreaking Violence Against Women Act (VAWA) as a U.S. Senator, landmark legislation that first passed in 1994. In the nearly three decades since, he has worked with Members of Congress from both parties to pass legislation to renew and strengthen VAWA three times: in 2000, 2005, and 2013. Each time, he worked to expand access to safety and support for all survivors and increase prevention efforts. Preventing and responding to gender-based violence wherever it occurs, and in all of its forms, has remained a cornerstone of the President’s career in public service—from VAWA reauthorization to a national campaign to combat campus sexual assault to reforms to address sexual assault and harassment in the military.
While incidents of domestic violence and sexual assault have declined significantly since VAWA first took effect—and efforts to increase access to services, healing, and justice for survivors have improved with each iteration of VAWA—much work remains.
The 2022 reauthorization of VAWA strengthens this landmark law, including by:
Reauthorizing all current VAWA grant programs until 2027 and, in many cases, increasing authorization levels.
Expanding special criminal jurisdiction of Tribal courts to cover non-Native perpetrators of sexual assault, child abuse, stalking, sex trafficking, and assaults on tribal law enforcement officers on tribal lands; and supporting the development of a pilot project to enhance access to safety for survivors in Alaska Native villages.
Increasing services and support for survivors from underserved and marginalized communities—including for LGBTQ+ survivors of domestic violence, dating violence, sexual assault and stalking; funding survivor-centered, community-based restorative practice services; and increasing support for culturally specific services and services in rural communities.
Establishing a federal civil cause of action for individuals whose intimate visual images are disclosed without their consent, allowing a victim to recover damages and legal fees; creating a new National Resource Center on Cybercrimes Against Individuals; and supporting State, Tribal, and local government efforts to prevent and prosecute cybercrimes, including cyberstalking and the nonconsensual distribution of intimate images.
Improving prevention and response to sexual violence, including through increased support for the Rape Prevention and Education Program and Sexual Assault Services Program; expansion of prevention education for students in institutions of higher education; and enactment of the Fairness for Rape Kit Backlog Survivors Act, which requires state victim compensation programs to allow sexual assault survivors to file for compensation without being unfairly penalized due to rape kit backlogs.
Strengthening the application of evidence-based practices by law enforcement in responding to gender-based violence, including by promoting the use of trauma-informed, victim-centered training and improving homicide reduction initiatives.
Improving the healthcare system’s response to domestic violence and sexual assault, including through enhanced training for sexual assault forensic examiners.
Updating the SMART Prevention Program and the CHOOSE Youth Program to reduce dating violence, help children who have been exposed to domestic violence, and engage men in preventing violence.
Enacting the National Instant Criminal Background Check System (NICS) Denial Notification Act to help state law enforcement investigate and prosecute cases against individuals legally prohibited from purchasing firearms who try to do so.
Over the past year, the Biden-Harris Administration has taken significant steps to prevent and respond to gender-based violence at home and abroad:
Increased funding for domestic violence and sexual assault services. Directed $1 billion in supplemental funding for domestic violence and sexual assault services through the American Rescue Plan (ARP) in response to the pandemic, including $49.5 million for culturally-specific community-based organizations that help survivors from historically marginalized communities access the services and support they need. The ARP also provided approximately 70,000 housing choice vouchers to local Public Housing Authorities in order to assist individuals and families, including those who are fleeing, or attempting to flee, from domestic violence, dating violence, sexual assault, stalking, or human trafficking.
Reformed the military justice system to address sexual assault, harassment, and related crimes. Signed into law the National Defense Authorization Act, which included sweeping reforms to the military justice system—the most significant since the Uniform Code of Military Justice was established more than seventy years ago—and implemented the President’s campaign promise to address the scourge of sexual assault in our armed forces. In conjunction with the President’s Executive Order on military justice reform, this bipartisan, historic law adopts core recommendations of the Independent Review Commission on Sexual Assault, as called for by President Biden, and fundamentally shifts how the military prosecutes and investigates sexual assault, domestic violence, sexual harassment, and other serious crimes, and increases prevention initiatives and support for survivors.
Ended forced arbitration for sexual assault and harassment. Signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021—bipartisan legislation that empowers survivors of sexual assault and harassment by giving them a choice to go to court instead of being forced into arbitration.
Directed action to protect students from campus sexual assault. Directed the Department of Education to review Title IX regulations and other agency actions to ensure that all students have an educational environment that is free from discrimination on the basis of sex. The Department is developing a Notice of Proposed Rulemaking currently under review that will address the need for protection for students who experience campus sexual assault while treating all students fairly.
Increased resources for survivors of crime, including gender-based violence. Signed into law the Amendments to the Victims of Crime Act (VOCA), which passed Congress with strong bipartisan support and expands the allocation of resources for the Crime Victims Fund. This has already resulted in an increase of hundreds of millions of dollars of non-taxpayer funding for essential and lifesaving services to crime victims around the country, including survivors of gender-based violence.
Led multinational effort to address online harassment and abuse. Launched the Global Partnership for Action on Gender-Based Online Harassment and Abuse during the 2022 meeting of the United Nations Commission on the Status of Women, together with the governments of Denmark, Australia, the United Kingdom, and Sweden. This multinational initiative will align countries, international organizations, and civil society to better prioritize, understand, and address the growing scourge of technology-facilitated gender-based violence.
Prioritized the crisis of Missing or Murdered Indigenous People, including gender-based violence. Issued an executive order directing the Departments of Justice, Interior, Homeland Security and Health and Human Services to create a strategy to improve public safety and justice for Native Americans and to address the epidemic of missing or murdered Indigenous peoples, which disproportionately affect Native women, girls, and LGBTQI+ individuals; the Department of the Interior established the Missing and Murdered Unit to pursue justice for missing or murdered American Indians and Alaska Natives.
Strengthened regional leadership on violence against Indigenous women and girls. Re-launched the United States’ leadership and participation in the Trilateral Working Group on Violence Against Indigenous Women and Girls with the Governments of Mexico and Canada. The White House will host the Fourth Convening of the Trilateral Working Group this summer to improve and reaffirm our respective national and regional commitments to prevent and respond to violence against Indigenous women and girls through increased access to justice and prevention services.
On International Women’s Day in 2021, President Biden signed an Executive Order creating the White House Gender Policy Council and calling for the development of the first-ever government-wide National Action Plan to End Gender-Based Violence, as well as an update to the 2016 United States Strategy to Prevent and Respond to Gender-Based Violence Globally. These strategies will provide a roadmap to guide the Biden-Harris Administration’s whole-of-government effort to end gender-based violence—and in so doing, create a society where survivors are supported and all people can live free from abuse.
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)
The Office of Management and Budget issued a statement strongly supporting passage of H.R. 1620, the Violence Against Women Reauthorization Act of 2021, introduced by Rep. Jackson Lee (D-TX) with 182 co-sponsors.
The statement comes as news reports circulate about a Georgia man who murdered 8 women in a shooting spree in Atlanta, March 16.
The Administration strongly supports House passage of H.R. 1620, the Violence Against Women Reauthorization Act of 2021. The Violence Against Women Act (VAWA) is a landmark piece of bipartisan legislation that was first enacted in 1994 and that was reauthorized in 2000, 2005, and 2013. VAWA has transformed the Nation’s response to violence against women and has brought critically needed resources to States, Territories, Tribes, and local communities to help prevent and improve the response to domestic violence, dating violence, sexual assault, and stalking. Strengthening and renewing VAWA, however, is long overdue. As many as 1 in 3 women are subjected to domestic violence, dating violence, sexual assault, and stalking at some point in their lives, and the rate is even higher for women of color, lesbian and bisexual women, and transgender people. VAWA reauthorization is more urgent now than ever, especially when the pandemic and economic crisis have only further increased the risks of abuse and the barriers to safety for women in the United States.
The Administration is pleased that H.R. 1620 continues to build upon previous VAWA authorizations, and includes new provisions to enhance efforts and address identified gaps and barriers. H.R. 1620 would authorize funding for VAWA grant programs for fiscal years 2022 through 2026 and would continue to invest in, and expand, strategies that advance access to safety, justice, and economic stability for victims and survivors. The bill would maintain established and effective protections and programs, while also addressing persistent gaps through more holistic approaches in order to address the complex realities and intersecting issues that impact survivors’ lives.
H.R. 1620 would reauthorize grant programs that support the development of a coordinated community response to domestic violence, sexual assault, dating violence, and stalking. It would expand the categories for which funds may be used in various grant programs to provide additional pathways to safety and support for survivors. Further, the bill seeks to reduce intimate partner homicides committed with firearms by expanding protections for victims and enhancing support for law enforcement agencies and courts to improve the enforcement of court orders. The bill would also improve the health care system’s response to domestic violence, sexual assault, dating violence, and stalking.
Domestic violence is a leading cause of homelessness for women and their children. Without the ability to access affordable housing, a victim must often times choose between becoming homeless or remaining in an abusive situation. H.R. 1620 includes provisions that would provide important housing protections to allow survivors in federally assisted housing to relocate to safe housing with victim relocation vouchers, maintain their housing after a perpetrator leaves, or terminate a lease early. The bill also would expand economic security protections for survivors.
H.R. 1620 would authorize increased funding to enhance culturally specific services for victims. This would include developing culturally-relevant training and education programs for health care professionals that are designed to be inclusive of the experiences of all individuals, including people of color and LGBTQ+ individuals. It would also include training on equity and anti-racism approaches to health services delivery, disparities in access to health care services and prevention resources, and current and historic systemic racism in health care services.
The Rape Prevention & Education (RPE) formula grants, administered by the Centers for Disease Control and Prevention, authorize essential funding to States and Territories to support rape prevention and education programs conducted by rape crisis centers, sexual assault coalitions, and other public and private nonprofit entities. H.R. 1620 would authorize higher levels of funding for prevention through the RPE program grants, as well as grant programs focused on prevention efforts with youth administered through the Department of Justice. It also would expand grants to support implementation of training programs to improve the capacity of early childhood programs to address domestic violence, dating violence, sexual assault, and stalking among the families they serve. H.R. 1620 would also support institutions of higher education in developing and disseminating comprehensive prevention education for all students and expanding training for school-based personnel and campus health centers to meet the needs of young victims of sexual violence.
The Administration strongly supports measures in H.R. 1620 that would expand access to justice for Native American victims. Native women are victimized at rates higher than any other population in the United States, and the vast majority of Native victims report being victimized by a non-native individual. This bill would build on the effectiveness of special criminal jurisdiction for domestic violence cases that was included in prior VAWA reauthorization laws and address other significant co-occurring crimes. It recognizes tribal jurisdiction that will allow participating Tribes to hold accountable non-native perpetrators of sexual violence, sex trafficking, domestic violence against child victims, stalking, elder abuse, and assault against law enforcement officers when they commit such crimes on tribal territory.
The Administration is pleased that H.R. 1620 recognizes the need to provide protection and services to all victims of abuse and includes proposals to strengthen existing policies that were supported by both Democrats and Republicans last year. The Administration urges swift passage of this legislation.
President Joe Biden issued this statement on International Women’s Day, saying, “Elevating the status of women and girls globally is the right thing to do — it is a matter of justice, fairness, and decency, and it will lead to a better, more secure, and more prosperous world for us all. On International Women’s Day, let us recommit to the principle that our nation, and the world, is at its best when the possibilities for all of our women and girls are limitless.”
President Biden then signed two Executive Orders establishing a government-wide focus on uplifting the rights of women and girls in the United States and around the world.
On Saturday, President Biden also nominated two female generals – Air Force General Jacqueline Van Ovost and Army Lt. General Laura Richardson – to oversee four-star commands, after their promotions were delayed under former President Trump due to concerns that he “would reject the officers because they were women,” according to the New York Times.
Here is President Biden’s statement:
Women’s history is American history — and world history. On International Women’s Day, we celebrate the achievements, contributions, and progress of women and girls in the United States and around the globe.
My Administration is committed to honoring women by investing in their opportunity, security, and wellbeing. I was proud to issue an Executive Order today establishing the White House Gender Policy Council, to ensure that every domestic and foreign policy we pursue rests on a foundation of dignity and equity for women. My Administration is also committed to ensuring that women are represented equally at all levels of the federal government. That starts with Vice President Harris, who broke through a barrier that stood for more than two centuries. And it includes a record number of diverse women whom I’ve nominated to serve in Cabinet-level roles and appointed to senior-level positions.
In our nation, as in all nations, women have fought for justice, shattered barriers, built and sustained economies, carried communities through times of crisis, and served with dignity and resolve. Too often, they have done so while being denied the freedom, full participation, and equal opportunity all women are due. Their contributions have been downplayed. Their stories have been neglected. That is why International Women’s Day is also a time for us to recommit ourselves to the cause of equity and equality for women the world over, and to shine a light on the systemic obstacles that fuel gender disparities and undermine women’s potential.
Despite persistent obstacles, women are leading every day. Over the past year, women have played a critical, often outsized role in responding to the global coronavirus pandemic. They are our vaccine researchers and public health officials. They are our doctors and nurses. They are our essential workers — so many of whom are women of color — in fire stations and nursing homes, on farms and in grocery stores, in schools and in shelters.
Around the world, we are seeing decades of women’s economic gains erased by this pandemic. It’s forcing millions more girls out of school, which could impact economic growth for decades to come. Incidents of violence against women in their homes and communities have spiked. And, as is so often the case, COVID-19 is hitting the poorest and most marginalized women the hardest. These global trends damage all of us, because we know that governments, economies, and communities are stronger when they include the full participation of women — no country can recover from this pandemic if it leaves half of its population behind.
Elevating the status of women and girls globally is the right thing to do — it is a matter of justice, fairness, and decency, and it will lead to a better, more secure, and more prosperous world for us all. On International Women’s Day, let us recommit to the principle that our nation, and the world, is at its best when the possibilities for all of our women and girls are limitless.
President Biden then signed two Executive Orders establishing a government-wide focus on uplifting the rights of women and girls in the United States and around the world.
FACT SHEET: Executive Orders Establishing the White House Gender Policy Council and Ensuring Education Free from Sexual Violence
The full participation of all people – including women and girls – across all aspects of our society is essential to the economic well-being, health, and security of our nation and of the world. This is a matter of human rights, justice and fairness. It is also critically important to reducing poverty and promoting economic growth, increasing access to education, improving health outcomes, advancing political stability, and fostering democracy.
Today, President Biden will sign two Executive Orders. The first establishes the White House Gender Policy Council to ensure that the Biden-Harris Administration advances gender equity and equal rights and opportunity for women and girls. The second directs the Department of Education (ED) to review all of its existing regulations, orders, guidance, and policies for consistency with the Administration’s policy to guarantee education free from sexual violence.
A year into COVID-19, women are still contending with the public health crisis, an ensuing economic crisis, and on top of those challenges, a caregiving crisis. The pandemic has exacerbated barriers that have held back women, especially women of color, forcing many to leave the workforce, manage virtual schooling, and absorb additional caregiving responsibilities. Many women are also on the frontlines of the response to COVID-19 – as essential workers keeping our economy, communities and families going. As the country continues to grapple with the pandemic and reckons with the scourge of systemic racism, President Biden knows that we need a government-wide focus on uplifting the rights of women and girls in the United States and around the world, restoring America as a champion for gender equity and equality.
Today’s actions will:
Establish the Gender Policy Council. The first Executive Order formally establishes the Gender Policy Council within the Executive Office of the President, with a role in both domestic and foreign policy development. The Council will work in coordination with the existing policy councils to advance gender equity and equality, including by:
Combatting systemic bias and discrimination, including sexual harassment;
Increasing economic security and opportunity by addressing the structural barriers to women’s participation in the labor force, decreasing wage and wealth gaps, and addressing the caregiving needs of American families and supporting care workers, predominantly low-paid women of color;
Ensuring access to comprehensive health care and preventing and responding to gender-based violence;
Promoting equity and opportunity in education and leadership; and
Advancing gender equality globally through diplomacy, development, trade, and defense, and by recognizing the needs and roles of women and girls in conflict prevention, peacebuilding, democratic rights-respecting governance, global health and humanitarian crises and development assistance.
The White House Gender Policy Council will be an essential part of the Biden-Harris Administration’s plan to ensure we build a more equal and just society – by aggressively protecting the rights and unique needs of those who experience multiple and intersecting forms of discrimination, including individuals who are Black, Latina, Native, Asian American and Pacific Islander, people with disabilities, and LGBTQI+.
The Executive Order requires the Co-Chairs of the Council to submit to the President a Government-wide strategy to address gender in policies, programs and budgets, and an annual report to measure progress on implementing the strategy. To prevent and respond to gender-based violence, wherever it occurs, there will be a Special Assistant to the President and Senior Advisor on Gender-Based Violence on the Council staff. The Executive Order also requires engagement with non-profit and community-based organizations, state and local government officials, Tribal Nations, foreign government officials and multilateral organizations.
Ensure education free from sexual violence. President Biden will sign an Executive Order that will direct the Department of Education (ED) to review all of its existing regulations, orders, guidance, and policies to ensure consistency with the Biden-Harris Administration’s policy that students be guaranteed education free from sexual violence. It also directs ED to specifically evaluate the Title IX regulation issued under the previous administration and agency action taken pursuant to that regulation, to determine whether the regulation and agency action are consistent with the policies of the Biden-Harris Administration.
