Section 1 Short title
This Act may be cited as the “Preventing Abortion Sanctuaries Act”.
Preventing Abortion Sanctuaries Act
A BILL
To prohibit abortion sanctuary States from receiving funds from the Department of Health and Human Services, and for other purposes.
Sec. 2 Prohibiting abortion sanctuary States from receiving certain Federal funds
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.
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.
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—
determine which States are ineligible based on the criteria set forth in subsection (d)(2); and
submit a list of such ineligible States, including the specific criteria in subsection (d)(2) upon which each such determination was based, to Congress.
Definitions— In this Act:
The term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device—
to intentionally kill the unborn child of a woman known to be pregnant; or
to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than—
after viability to produce a live birth and preserve the life and health of the child born alive; or
to remove a dead unborn child.
The term abortion sanctuary State means a State that—
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;
does not have in effect any law with regards to gestational protections for an unborn child; or
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:
Receives or seeks an abortion.
Performs or induces an abortion.
Knowingly engages in conduct that aids or abets the performance or inducement of an abortion.
Attempts or intends to engage in conduct described in clause (i), (ii), or (iii).
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.
The term unborn child means a member of the species homo sapiens, at any stage of development, who is carried in the womb.