Preventing Abortion Sanctuaries Act

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8501 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8501

  To prohibit abortion sanctuary States from receiving funds from the 
    Department of Health and Human Services, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2022

Mr. Lamborn (for himself, Mr. Banks, Mrs. Boebert, Mr. Gosar, Mr. Weber 
 of Texas, Mrs. Lesko, Mr. Babin, Mr. Good of Virginia, Mrs. Miller of 
Illinois, Mr. Hice of Georgia, and Mr. Norman) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
     in addition to the Committees on Education and Labor, Natural 
    Resources, and Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To prohibit abortion sanctuary States from receiving funds from the 
    Department of Health and Human Services, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Abortion Sanctuaries 
Act''.

SEC. 2. PROHIBITING ABORTION SANCTUARY STATES FROM RECEIVING CERTAIN 
              FEDERAL FUNDS.

    (a) Finding.--Congress has the authority to enact this Act pursuant 
to its powers under the Commerce Clause of Article 1, section 8 of the 
Constitution of the United States, which includes the power to regulate 
those activities having substantial relation to interstate commerce and 
activities that substantially affect interstate commerce in the 
aggregate.
    (b) In General.--None of the funds made available to the Secretary 
of Health and Human Services may be used to provide funds to any 
abortion sanctuary State.
    (c) Annual Determination of Ineligible States.--Not later than 1 
year after the date of enactment of this Act, and annually thereafter, 
the Secretary of Health and Human Services shall--
            (1) determine which States are ineligible based on the 
        criteria set forth in subsection (d)(2); and
            (2) submit a list of such ineligible States, including the 
        specific criteria in subsection (d)(2) upon which each such 
        determination was based, to Congress.
    (d) Definitions.--In this Act:
            (1) The term ``abortion'' means the use or prescription of 
        any instrument, medicine, drug, or any other substance or 
        device--
                    (A) to intentionally kill the unborn child of a 
                woman known to be pregnant; or
                    (B) to intentionally terminate the pregnancy of a 
                woman known to be pregnant, with an intention other 
                than--
                            (i) after viability to produce a live birth 
                        and preserve the life and health of the child 
                        born alive; or
                            (ii) to remove a dead unborn child.
            (2) The term ``abortion sanctuary State'' means a State 
        that--
                    (A) establishes a fund or commission (or similar 
                entity) for the purpose of providing direct financial 
                and logistical support to individuals traveling to such 
                State to receive an abortion;
                    (B) does not have in effect any law with regards to 
                gestational protections for an unborn child; or
                    (C) has in effect laws that prohibit the 
                enforcement of a law of another State that authorizes a 
                person to bring a civil action against a person or 
                entity that does any of the following:
                            (i) Receives or seeks an abortion.
                            (ii) Performs or induces an abortion.
                            (iii) Knowingly engages in conduct that 
                        aids or abets the performance or inducement of 
                        an abortion.
                            (iv) Attempts or intends to engage in 
                        conduct described in clause (i), (ii), or 
                        (iii).
            (3) The term ``logistical support'' means direct 
        assistance, such as airfare, lodging, ground transportation, 
        gas money, meals, or dependent childcare, to help a person 
        access or obtain an abortion.
            (4) The term ``unborn child'' means a member of the species 
        homo sapiens, at any stage of development, who is carried in 
        the womb.
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