H.J. Res. 43, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by Secretary of Health and Human Services relating to compliance with title X requirements by project recipients in selecting
On Thursday, February 16, 2017, the House will begin consideration of H.J. Res. 43, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by Secretary of Health and Human Services relating to compliance with title X requirements by project recipients in selecting subrecipients, under a closed rule. H.J.Res. 43 was introduced on January 30, 2017 by Rep. Diane Black (R-TN) and was referred to the Committee on Energy and Commerce.
H.J.Res. 43 disapproves and nullifies the rule issued by the Department of Health and Human Services on December 19, 2016, relating to Title X family planning funds. The rule blocks states from restricting Title X family planning funds to abortion providers.
The Congressional Review Act, enacted in 1996, establishes special congressional procedures for disapproving a broad range of regulatory actions issued by federal agencies. If Congress passes a joint resolution disapproving the rule, and the resolution becomes law, the rule cannot take effect or continue in effect. The agency also may not reissue that rule or any substantially similar rule, except under authority of a subsequently enacted law.
This rule prohibits Title X primary grant recipients from “prohibit[ing] an entity from participating for reasons other than its ability to provide Title X services.” The rule coerces states to give family planning funds to abortion providers like Planned Parenthood. This harms states which have chosen to prioritize these family planning funds to health clinics and community health centers that seamlessly offer a full range of healthcare services, including family planning, but do not participate in abortion.
According to the bill’s sponsor, “This latest stunt from President Obama’s Department of Health and Human Services should surprise absolutely no one. We’ve known all along that the Obama Administration will go to untold lengths to protect its friends in the big abortion industry. After all, this Administration has previously used backdoor maneuvers to line Planned Parenthood’s pockets with Obamacare navigator grants and praised the abortion provider’s ‘high ethical standard’ even after it was caught trafficking in baby body parts. Now, they have taken the unprecedented step of thwarting states’ rights with a shady proposed rule change that prevents states from funding the providers who will best serve their citizens.[…]”
A Congressional Budget Office estimate is unavailable.
For questions or further information please contact Jake Vreeburg with the House Republican Policy Committee by email or at 2-1374.
 This includes states and private entities
 See Rep. Black’s Press Release, September 6, 2016