S. 196 – Prohibiting Federal Emergencies for Abortion Act

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Updated January 20, 2026 at 2:45 AM UTC

The Prohibiting Federal Emergencies for Abortion Act would stop the President from using any federal emergency powers to influence abortion policy. It bars declarations of national, public‑health, or disaster emergencies that aim to expand abortion access or to punish states that restrict abortion. The bill changes three existing laws and would affect any future emergency actions related to abortion.

Key Provisions

Adds a new subsection to the National Emergencies Act that prohibits the President from declaring a national emergency to promote, support, or expand abortion access, or to take adverse action against states that restrict abortion.
Amends the Public Health Service Act to prevent the Secretary of Health and Human Services from declaring a public‑health emergency for the same abortion‑related purposes.
Modifies the Robert T. Stafford Disaster Relief and Emergency Assistance Act to bar the President from declaring a disaster emergency for those abortion‑related purposes.
Provides a specific definition of “abortion” to be used in these prohibitions.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

January 31, 2023

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SenateIntro Referral

Introduced in Senate

January 31, 2023

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

January 31, 2023

Bill Text

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Introduced in SenateIssued January 31, 2023

II

118th CONGRESS

1st Session

S. 196

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.

1.

Short title

This Act may be cited as the Prohibiting Federal Emergencies for Abortion Act.

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.

.