S. 196

Prohibiting Federal Emergencies for Abortion Act

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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.

.