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