Tag Archives: women’s rights

Biden-Harris Administration Proposes Rule to Expand Coverage of Affordable Contraception Under the Affordable Care Act

Women’s March outside Trump International, NYC, 2019. 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. This action 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. In contrast, Trump and  Republican elected officials continue to threaten women’s health, lives, and freedom through extreme abortion bans, some with no exceptions for rape or incest, are moving to ban contraception and Morning After medication. © Karen Rubin/news-photos-features.com

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.
 
Today’s announcements build on actions that the Biden-Harris Administration has already taken to expand access to affordable contraception, including to implement the President’s Executive Order on Strengthening Access to Affordable, High-Quality Contraception and Family Planning Services from June 2023. The Administration has taken action to:

  • 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 new guidance 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.

See also:
To Protect Women’s Freedom, Liberty, Life, Vote for Harris, Democrats and the ERA

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In a statement, President Joe Biden declared,

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

– Karen Rubin/news-photos-features.com

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

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

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

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

Protecting Access to Abortion, including Medication Abortion

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

 
Supporting Women’s Ability to Travel for Medical Care

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

Safeguarding Access to Contraception

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

Reinforcing Nondiscrimination Protections under Federal Law

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

Promoting Safety and Security of Patients, Providers, and Clinics

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

Safeguarding Privacy and Sensitive Health Information

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

 
Providing Access to Accurate Information and Legal Resources

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

Promote Research and Data Collection

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

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

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

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

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

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

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

Today, the Administration announced actions to:

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

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

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

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

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

Biden Signs Reauthorization of the Violence Against Women Act

President Joe Biden was flanked by women who are the first to hold key roles of Vice President and Speaker of the House. This week, he signed the Reauthorization of the Violence Against Women Act, an act he originally authored and has championed ever since. His administration has taken significant actions to improve women’s rights and gender equity, against a backlash from Republican-led states that are passing laws to overturn women’s reproductive rights and civil rights © Karen Rubin/news-photos-features.com

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.

Thousands Join NYC March for Reproductive Freedom and Justice

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

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

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

Here are some highlights:

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

Biden Administration Declares Strong Support for Reauthorization of Violence Against Women Act

Protesting violence against women at the Women’s March 2020, New York City © Karen Rubin/news-photos-features.com

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.

Biden on International Women’s Day: ‘Recommit to Principle That our Nation, World, is Best when Possibilities for All Women, Girls are Limitless’

Women’s March 2020, New York City © Karen Rubin/news-photos-features.com

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.

Biden Offers Detailed Agenda for Women’s Rights, Equality

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

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

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

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

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

This extremely detailed agenda is from the Biden campaign:

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

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

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

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

Ending Other Forms of Workplace Discrimination and Harassment

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

Investing in Women-Owned Small Businesses

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

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

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

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

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

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

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

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

Health Care Protections for All

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

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

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

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

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

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

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

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

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

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