On June 22, 2016, during committee markup of the Fiscal Year 2017 Homeland Security Bill (H.R. 5634), Rep. Robert Aderholt (R-AL), chairman of the House Appropriations committee offered an amendment incorporating the language of the Hyde amendment into to the measure:
Sec. ___. None of the funds appropriated by this Act for U.S. Immigration and Customs Enforcement shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void.
In addition, the Aderholt amendment contained language protecting the rights of Immigration and Customs Enforcement (ICE) employees:
Sec. ___. None of the funds appropriated by this Act for U.S. Immigration and Customs Enforcement shall be used to require any person to perform, or facilitate in any way the performance of, any abortion.
The Aderholt amendment was adopted, 29-15.