Prohibiting Federal Emergencies for Abortion Act

Subjects: Emergency Management, Abortion, Intergovernmental relations, Presidents and presidential powers, Vice Presidents

Summary:  <p><strong>Prohibiting Federal Emergencies for Abortion Act</strong></p> <p>This bill prohibits the President and the Department of Health and Human Services (HHS) from declaring a federal emergency relating to abortion.</p> <p>Specifically, neither the President nor HHS may declare a national emergency for purposes of (1) promoting, supporting, or expanding access to abortion; or (2) taking adverse action against or litigating against states that prohibit or otherwise restrict abortion.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 196 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 196

    To prohibit the declaration of a Federal emergency relating to 
                               abortion.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2023

 Mr. Rubio (for himself, Mrs. Hyde-Smith, Mr. Cramer, Mr. Tillis, Mr. 
 Risch, Mr. Lankford, Mr. Hawley, Mr. Braun, Mr. Wicker, Mr. Scott of 
 Florida, and Mr. Crapo) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL


 
    To prohibit the declaration of a Federal emergency relating to 
                               abortion.

    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 ``Prohibiting Federal Emergencies for 
Abortion Act''.

SEC. 2. PROHIBITION ON DECLARATION OF FEDERAL EMERGENCY RELATING TO 
              ABORTION.

    (a) Prohibition on Declarations of National Emergencies Relating to 
Abortion Under National Emergencies Act.--Section 201 of the National 
Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the 
following:
    ``(c) Prohibition on Declaring National Emergences Relating to 
Abortion.--
            ``(1) In general.--The President may not declare a national 
        emergency under subsection (a) for purposes of--
                    ``(A) promoting, supporting, or expanding access to 
                abortion; or
                    ``(B) taking adverse action against or litigating 
                against States that prohibit or otherwise restrict 
                abortion.
            ``(2) Abortion defined.--In this subsection, the term 
        `abortion' means the use or prescription of any instrument, 
        medicine, drug, or other substance or device to intentionally--
                    ``(A) kill the unborn child of a woman known to be 
                pregnant; or
                    ``(B) prematurely terminate the pregnancy of a 
                woman known to be pregnant, with an intention other 
                than to--
                            ``(i) increase the probability of a live 
                        birth or of preserving the life or health of 
                        the child after live birth; or
                            ``(ii) remove a dead unborn child.''.
    (b) Public Health Service Act.--Section 319 of the Public Health 
Service Act (42 U.S.C. 247d) is amended by adding at the end the 
following:
    ``(g) Limitation.--
            ``(1) In general.--Notwithstanding this section, the 
        Secretary may not declare a public health emergency under this 
        section for the purpose of--
                    ``(A) promoting, supporting, or expanding access to 
                abortion; or
                    ``(B) taking adverse action against or litigating 
                against States that prohibit or otherwise restrict 
                abortion.
            ``(2) Definition.--In this subsection, the term `abortion' 
        means the use or prescription of any instrument, medicine, 
        drug, or other substance or device to intentionally--
                    ``(A) kill the unborn child of a woman known to be 
                pregnant; or
                    ``(B) prematurely terminate the pregnancy of a 
                woman known to be pregnant, with an intention other 
                than to--
                            ``(i) increase the probability of a live 
                        birth or of preserving the life or health of 
                        the child after live birth; or
                            ``(ii) remove a dead unborn child.''.
    (c) Emergency Declarations Under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act.--Section 501 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) 
is amended by adding at the end the following:
    ``(d) Prohibition on Declarations Relating to Abortion.--
            ``(1) Abortion defined.--In this subsection, the term 
        `abortion' means the use or prescription of any instrument, 
        medicine, drug, or other substance or device to intentionally--
                    ``(A) kill the unborn child of a woman known to be 
                pregnant; or
                    ``(B) prematurely terminate the pregnancy of a 
                woman known to be pregnant, with an intention other 
                than to--
                            ``(i) increase the probability of a live 
                        birth or of preserving the life or health of 
                        the child after live birth; or
                            ``(ii) remove a dead unborn child.
            ``(2) Prohibition.--The President may not declare that an 
        emergency exists under subsection (a) for the purpose of--
                    ``(A) promoting, supporting, or expanding access to 
                abortion; or
                    ``(B) taking adverse action against or litigating 
                against States that prohibit or otherwise restrict 
                abortion.''.
                                 &lt;all&gt;
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