[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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