Republicans, of course, were hoping that the same coalition of anti-abortion Democrats who’d voted for that language the first time around would also support it tonight. Because many Senate Democrats oppose the Stupak provision, attaching it to the reconciliation bill would have threatened that proposal — which, of course, was why the Republicans chose it to begin with.

It didn’t happen.

Behind Stupak, Democrats rallied to defeat the motion to recommit by an easy vote of 232 to 199. Twenty-one Democrats joined every Republican in voting for the measure.

“This motion is really to politicize life,” Stupak said just before the vote, “not to protect life.”

Stupak and co. have claimed that the bill — which would allow exchange plans to offer abortion coverage, but require patients to write two checks to buy the abortion coverage separately — effectively subsidizes plans that offer abortion (a violation, they say, of the Hyde Amendment). They want a ban on subsidies to any plan that offers abortion coverage at all, forcing women to buy separate policies for those services. The executive order clarifies that the Democrats’ bill ”maintains current Hyde Amendment restrictions governing abortion policy and extends those restrictions to the newly-created health insurance exchanges.”

Stupak had also objected to the billions of dollars in the bill earmarked for community health centers and clinics. Abortion opponents fear that Planned Parenthood and other groups offering abortion services might benefit from that funding, even though current federal law already bans those groups from using the federal money for abortion services. Today’s executive order stipulates that “the Hyde language shall apply to the authorization and appropriations of funds for Community Health Centers.”

Below is the full text of the executive order:

ENSURING ENFORCEMENT AND IMPLEMENTATION OF ABORTION RESTRICTIONS IN THE PATIENT PROTECTION AND AFFORDABLE CARE ACT

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the “Patient Protection and Affordable Care Act” (approved March __, 2010), I hereby order as follows:

Section 1. Policy. ?Following the recent passage of the Patient Protection and Affordable Care Act (“the Act”), it is necessary to establish an adequate enforcement mechanism to ensure that Federal funds are not used for abortion services (except in cases of rape or incest, or when the life of the woman would be endangered), consistent with a longstanding Federal statutory restriction that is commonly known as the Hyde Amendment. The purpose of this Executive Order is to establish a comprehensive, government-wide set of policies and procedures to achieve this goal and to make certain that all relevant actors–Federal officials, state officials (including insurance regulators) and health care providers–are aware of their responsibilities, new and old. ??The Act maintains current Hyde Amendment restrictions governing abortion policy and extends those restrictions to the newly-created health insurance exchanges. Under the Act, longstanding Federal laws to protect conscience (such as the Church Amendment, 42 U.S.C. §300a-7, and the Weldon Amendment, Pub. L. No. 111-8, §508(d)(1) (2009)) remain intact and new protections prohibit discrimination against health care facilities and health care providers because of an unwillingness to provide, pay for, provide coverage of, or refer for abortions.??Numerous executive agencies have a role in ensuring that these restrictions are enforced, including the Department of Health and Human Services (HHS), the Office of Management and Budget (OMB), and the Office of Personnel Management (OPM).

Section 2. Strict Compliance with Prohibitions on Abortion Funding in Health Insurance Exchanges. The Act specifically prohibits the use of tax credits and cost-sharing reduction payments to pay for abortion services (except in cases of rape or incest, or when the life of the woman would be endangered) in the health insurance exchanges that will be operational in 2014. The Act also imposes strict payment and accounting requirements to ensure that Federal funds are not used for abortion services in exchange plans (except in cases of rape or incest, or when the life of the woman would be endangered) and requires state health insurance commissioners to ensure that exchange plan funds are segregated by insurance companies in accordance with generally accepted accounting principles, OMB funds management circulars, and accounting guidance provided by the Government Accountability Office.

I hereby direct the Director of OMB and the Secretary of HHS to develop, within 180 days of the date of this Executive Order, a model set of segregation guidelines for state health insurance commissioners to use when determining whether exchange plans are complying with the Act’s segregation requirements, established in Section 1303 of the Act, for enrollees receiving Federal financial assistance. The guidelines shall also offer technical information that states should follow to conduct independent regular audits of insurance companies that participate in the health insurance exchanges. In developing these model guidelines, the Director of OMB and the Secretary of HHS shall consult with executive agencies and offices that have relevant expertise in accounting principles, including, but not limited to, the Department of the Treasury, and with the Government Accountability Office. Upon completion of those model guidelines, the Secretary of HHS should promptly initiate a rulemaking to issue regulations, which will have the force of law, to interpret the Act’s segregation requirements, and shall provide guidance to state health insurance commissioners on how to comply with the model guidelines.

Section 3. Community Health Center Program.

The Act establishes a new Community Health Center (CHC) Fund within HHS, which provides additional Federal funds for the community health center program. Existing law prohibits these centers from using federal funds to provide abortion services (except in cases of rape or incest, or when the life of the woman would be endangered), as a result of both the Hyde Amendment and longstanding regulations containing the Hyde language. Under the Act, the Hyde language shall apply to the authorization and appropriations of funds for Community Health Centers under section 10503 and all other relevant provisions. I hereby direct the Secretary of HHS to ensure that program administrators and recipients of Federal funds are aware of and comply with the limitations on abortion services imposed on CHCs by existing law. Such actions should include, but are not limited to, updating Grant Policy Statements that accompany CHC grants and issuing new interpretive rules.

Section 4. General Provisions. ?(a) Nothing in this Executive Order shall be construed to impair or otherwise affect: (i) authority granted by law or presidential directive to an agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.?(b) This Executive Order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This Executive Order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity against the United States, its departments, agencies, entities, officers, employees or agents, or any other person.

THE WHITE HOUSE

His switch to support the bill suggests that such an executive order is forthcoming.

Update: Via TPM, CNN is reporting that Stupak is still a no.

Later update: The New York Times is reporting that according to Stupak’s spokeswoman, he’s still a no.

Even later update: Stupak and the White House have reached a deal, Politico reports.

Under the agreement, President Barack Obama would sign an executive order ensuring that no federal funding will go to pay for abortion under the health reform plans. In addition, Stupak will get to state his concerns about abortion funding in the bill during a colloquy on the House floor during the debate.

In return, Stupak and a handful of other anti-abortion Democrats will sign on to the Senate-passed reform bill, Politico said.

The amendment, which would provide financial incentives for people to trade in their old vehicles for more fuel-efficient ones, arose from a compromise between two competing cash-for-clunkers bills, one of which was authored by Sutton and both of which contained much stronger environmental standards than the final product.

Sutton’s bill would have required the new vehicle to get at least 27 miles per gallon, while the bill favored by environmentalists would have mandated 25 percent higher fuel efficiency than the average vehicle in its class. The Sutton amendment — co-sponsored by John Dingell (D-Mich.), Jay Inslee (D-Wash.), Bart Stupak (D-Mich.) and Bruce Braley (D-Iowa) — requires just a 4-mpg improvement over the old vehicle for passenger cars, as long as the “clunker” got no more than 18 mpg. And for large light-duty trucks, a driver is eligible for a $3,500 voucher if he or she upgrades to a vehicle that’s only 1 mpg more efficient.

The result is that people can receive $3,500 to buy a car that gets just 22 mpg — this on the same day that President Obama announced new regulations that will mandate that cars get 42 miles to the gallon by 2016.

And so in introducing her amendment, Sutton framed it in terms favoring the auto industry, rather than the environment.

“Over the last few months, auto sales have greatly suffered,” Sutton said. ” … This program has the potential to help change that.”

Another sign that the amendment lacks real environmental teeth: it’s getting broad support from the Republican side of the aisle.

Update 4:45 PM: The amendment just passed, with 50 votes in favor, 4 against and 1 present.

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