This bill explicitly authorizes states to use Temporary Assistance for Needy Families (TANF) funding to carry out programs that encourage patients to carry their pregnancies to term rather than seek abortions. Under current law, states have broad authority to use TANF funds as they see fit to accomplish any of the program’s four purposes, including to prevent and reduce out-of-wedlock pregnancies.
The bill also prohibits the federal government from subjecting entities receiving TANF funds to disparate treatment because they encourage patients to carry their pregnancies to term, or because they do not provide, assist, or counsel in favor of abortion. Similarly, the federal government may not subject states contracting with such entities to disparate treatment. Under the bill, disparate treatment includes presumed ineligibility for TANF funds or presumed failure to satisfy the purposes of the program. The Department of Justice, a state, or an entity adversely affected by a violation of these provisions may bring suit in civil court for appropriate relief, including money damages. Federal officials may not invoke sovereign immunity as a defense to such a suit.
