Congress

SENATE

  1. On September 29, 2022, Sen. Lindsey Graham (R-SC), with 16 cosponsors, introduced S.Res. 811, “A resolution designating the week of October 2, 2022, through October 8, 2022, as ‘Religious Education Week’ to celebrate religious education in the United States.” The resolution was referred to the Senate Committee on the Judiciary.
  2. On September 22, 2022, Sen. Marsha Blackburn (R-TN), with 5 cosponsors, introduced S. 4925, “Preserving the Readiness of our Armed Forces Act of 2022,” which would “limit separations based on COVID-19 vaccination status and continuing pay and benefits for members while religious and heath accommodations are pending.” The bill was referred to the Senate Committee on Armed Services.
  3. On September 15, 2022, Sen. Marco Rubio (R-FL) introduced S. 4868, “Providing for Life Act,” which would provide support and assistance to unborn children, pregnant women, parents, and families. The bill includes provisions for a refundable adoption tax credit, parental leave benefits, pregnant students’ rights, and equal treatment for religious organizations in social services. The bill was referred to the Committee on Finance. (Rep. Ashley Hinson (R-IA-1) introduced an identical bill in the House that day.)

HOUSE

  1. On September 30, 2022, Rep. Rosa DeLauro (D-CT-3) introduced H.R. 9099, “To amend the Public Health Service Act to provide for establishment of an Office of Minority and Women Inclusion within each covered agency of the Department of Health and Human Services, and for other purposes.” The resolution was referred to the House Committee on Energy and Commerce.
  2. On September 30, 2022, Rep. Glenn Grothman (R-WI-6) introduced H.Res. 1416, “Condemning the growing hostility towards Christians and individuals of faith in the United States.” The bill was referred to the House Committee on the Judiciary. 
  3. On September 29, 2022, Rep. Paul Gosar (R-AZ-4) introduced H.R. 9054, “To end COVID-19 lockdowns and COVID-19 vaccine mandates.” The bill was referred to the House Committees on Oversight and Reform, Energy and Commerce, and Education and Labor.
  4. On September 26, 2022, Rep. Nydia Velazquez (D-NY-7), with 14 cosponsors, introduced H.Con.Res. 109, “Expressing support for the recognition of September 26, 2022, as ‘World Contraception Day’ and expressing the sense of the House of Representatives regarding global and domestic access to contraception.” The concurrent resolution was referred to the Committees on Energy and Commerce and Foreign Affairs.
  5. On September 20, 2022, Rep. Christopher Smith (R-NJ-4), with 30 cosponsors, introduced H.R. 8926, “Protect Pregnancy Care Centers Act of 2022,” which would require an Inspector General to report on domestic violent extremism against pregnancy centers.” The bill was referred to the House Committee on the Judiciary.
  6. On September 20, 2022, Rep. Jason Crow (D-CO-6), with 40 cosponsors, introduced H.R. 8916, “Access to Reproductive Care for Servicemembers Act,” which would reimburse the travel costs of armed servicemembers seeking abortions. The bill was referred to the House Committee on the Armed Forces.
  7. On September 15, 2022, Rep. Ashley Hinson (R-IA-1) introduced H.R. 8851, “Providing for Life Act,” which would provide support and assistance to unborn children, pregnant women, parents, and families. The bill includes provisions for a refundable adoption tax credit, parental leave benefits, pregnant students’ rights, and equal treatment for religious organizations in social services. The bill was referred to Committees on Ways and Means, Agriculture, Education and Labor, Energy and Commerce, and the Judiciary. (Sen. Marco Rubio (R-FL) introduced an identical bill in the Senate that day.)
  8. On September 15, 2022, Rep. Andrew Clyde (R-GA-9), with 93 cosponsors, introduced H.R. 8835, “To prohibit the use of Federal funds to implement Executive Order relating to reproductive health services.” The bill was referred to the Committees on Energy and Commerce, Judiciary, and Ways and Means.
  9. On September 15, 2022, Rep. Dean Phillips (D-MN-3), with 28 cosponsors, introduced H.R. 8862, “PRO-LIFE Act of 2022,” which includes provisions related to “culturally congruent” maternity care, children’s health insurance, family and medical leave, and a fully refundable child tax credit. The bill was referred to the Subcommittee on Highways and Transit.
  10. On September 15, 2022, Rep. Jackie Speier (D-CA-14), with 10 cosponsors, introduced H.R. 8867 “Saving Abortion Facilities from Extremists for Patients Act” or “SAFE for Patients Act.” The bill was referred to the House Committee on the Judiciary.
  11. On September 14, 2022, Rep. Earl “Buddy” Carter (R-GA-1), with 32 cosponsors, introduced H.R. 8820, “Pharmacist Conscience Protection Act.” The bill was referred to the House Committee on Energy and Commerce.

The Executive Branch

OPPORTUNITIES FOR PUBLIC COMMENTS

Click the links below to go to the rule’s webpage, where either organizations or individuals can submit a public comment by clicking the green button labeled, “Submit A Formal Comment.”

  1. Public comments on the Interim Final Rule for Veteran Affairs Department titled, “Reproductive Health Services” are due on or before Tuesday, October 11, 2022.

In this proposed rule, VA announces that, irrespective of the laws or policies states may impose, pregnant veterans can now obtain elective abortions in VA hospitals if the abortion is to “promote, preserve, or restore the health” of the woman, among other allowable circumstances. The IFR mentions no gestational limits to any abortions. In previous regulations, VA prohibited all abortions and abortion counseling.

OPPORTUNITIES TO REQUEST EO 12866 MEETINGS

Request an EO 12866 Meeting by entering the rule’s RIN number here.

  1. ED will soon propose “Religious Liberty and Free Inquiry Rule” (RIN 1840-AD72). Current regulations reinforce First Amendment free speech and free exercise protections for students and student groups. It also clarified how educational institutions could show they qualify for a religious exemption under Title IX.
  2. Eight federal agencies will soon propose “Partnerships with Faith-Based and Neighborhood Organizations” (RIN 1840-AD67). Current regulations for those eight agencies clarify the rights and obligations of faith-based orgs providing federally funded social services, including removing notice-and-referral requirements required of religious orgs that were not required of other orgs.
  3. ED will soon propose “Discrimination Based on Shared Ancestry or Ethnicity in Response to EO 13899 on Combating Anti-Semitism and EO 13985 on Advancing Racial Equity and Support for Underserved Communities” (RIN 1870-AA15). In its abstract for the proposed rule, ED states that ED OCR has received complaints of harassment and assault directed at Jewish, Muslim, Hindu, and other students based on shared ancestry or ethnicity.

OTHER NEWS

  1. In September 2022, U.S. Office of Personnel Management announced that all taxpayer-funded federal health benefit carriers cover gender affirming care and services for Plan Year 2023. The plan states that OPM has prohibited all federal health benefits carriers from excluding services, drugs, or supplies related to treating gender dysphoria since 2016.
  2. In early October 2022, ED published new guidance stating that, under Title IX, schools must not discriminate against or exclude any student from an education program or activity, including any class or extracurricular activity, because of that student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom. Schools must also not discriminate against or exclude from employment any employee on those bases. The guidance does not address how schools should reconcile its guidance with state laws that prohibit aiding or abetting an abortion.
  3. On October 4, 2022, HHS announced that it will provide $6 million in new Title X grants to expand access to reproductive care. HHS granted $1.2 million to several universities, who will research “new questions in teen pregnancy prevention and adolescent sexual and reproductive health.”
  4. On October 5, 2022, DOJ charged 11 individuals with violations of the Freedom of Access to Clinic Entrances (FACE) Act. The ages of the individuals arrested range from 87 to 24 years old. If convicted, those charged with conspiracy will face up to 11 years in prison and fines of up to $250,000. Others face up to one year in prison and fines of up to $10,000.

Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. We welcome responses to the views presented here. To join the debate, please email us at [email protected].