Summary
# PROHIBITING FEDERAL EMERGENCIES FOR ABORTION ACT (S. 196)
## WHAT THIS BILL DOES
This bill stops the President and the Secretary of Health and Human Services from declaring federal emergencies related to abortion. The bill prevents these emergency declarations specifically when they would promote abortion access or take legal action against states that restrict abortion.
## WHO IT AFFECTS
The President and the Secretary of Health and Human Services are directly affected by these restrictions.
## KEY PROVISIONS
- The President cannot declare a national emergency under the National Emergencies Act to promote, support or expand access to abortion (Sec. 2(a))
- The President cannot declare a national emergency to take adverse legal action against or sue states that prohibit or restrict abortion (Sec. 2(a))
- The Secretary of Health and Human Services cannot declare a public health emergency for purposes of promoting, supporting or expanding access to abortion (Sec. 2(b))
- The Secretary cannot declare a public health emergency to take adverse legal action against or sue states that prohibit or restrict abortion (Sec. 2(b))
- The President cannot declare an emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act to promote, support or expand access to abortion or to take legal action against states that restrict abortion (Sec. 2(c))
## WHAT CHANGES
If this bill becomes law, three federal emergency systems would be modified. The President would lose the ability to use national emergency powers related to abortion. The Secretary of Health and Human Services would lose the ability to use public health emergency powers related to abortion. The President would lose the ability to use disaster relief emergency powers related to abortion.
## IMPORTANT DEFINITIONS
The bill defines "abortion" as using or prescribing any tool, medicine, drug or other substance or device to intentionally kill an unborn child of a pregnant woman or prematurely end a pregnant woman's pregnancy. The definition excludes actions taken to increase chances of live birth, preserve the life or health of the child after birth, or remove a dead unborn child.
## EFFECTIVE DATE
Not specified in bill text
II
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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Prohibiting Federal
4
Emergencies for Abortion Act’’.
5
SEC. 2. PROHIBITION ON DECLARATION OF FEDERAL
6
EMERGENCY RELATING TO ABORTION.
7
(a) PROHIBITION ON DECLARATIONS OF NATIONAL
8
EMERGENCIES RELATING
TO ABORTION UNDER NA-
9
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•S 196 IS
TIONAL EMERGENCIES ACT.—Section 201 of the National
1
Emergencies Act (50 U.S.C. 1621) is amended by adding
2
at the end the following:
3
‘‘(c)
PROHIBITION
ON
DECLARING
NATIONAL
4
EMERGENCES RELATING TO ABORTION.—
5
‘‘(1) IN GENERAL.—The President may not de-
6
clare a national emergency under subsection (a) for
7
purposes of—
8
‘‘(A) promoting, supporting, or expanding
9
access to abortion; or
10
‘‘(B) taking adverse action against or liti-
11
gating against States that prohibit or otherwise
12
restrict abortion.
13
‘‘(2) ABORTION DEFINED.—In this subsection,
14
the term ‘abortion’ means the use or prescription of
15
any instrument, medicine, drug, or other substance
16
or device to intentionally—
17
‘‘(A) kill the unborn child of a woman
18
known to be pregnant; or
19
‘‘(B) prematurely terminate the pregnancy
20
of a woman known to be pregnant, with an in-
21
tention other than to—
22
‘‘(i) increase the probability of a live
23
birth or of preserving the life or health of
24
the child after live birth; or
25
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•S 196 IS
‘‘(ii) remove a dead unborn child.’’.
1
(b) PUBLIC HEALTH SERVICE ACT.—Section 319 of
2
the Public Health Service Act (42 U.S.C. 247d) is amend-
3
ed by adding at the end the following:
4
‘‘(g) LIMITATION.—
5
‘‘(1) IN GENERAL.—Notwithstanding this sec-
6
tion, the Secretary may not declare a public health
7
emergency under this section for the purpose of—
8
‘‘(A) promoting, supporting, or expanding
9
access to abortion; or
10
‘‘(B) taking adverse action against or liti-
11
gating against States that prohibit or otherwise
12
restrict abortion.
13
‘‘(2) DEFINITION.—In this subsection, the term
14
‘abortion’ means the use or prescription of any in-
15
strument, medicine, drug, or other substance or de-
16
vice to intentionally—
17
‘‘(A) kill the unborn child of a woman
18
known to be pregnant; or
19
‘‘(B) prematurely terminate the pregnancy
20
of a woman known to be pregnant, with an in-
21
tention other than to—
22
‘‘(i) increase the probability of a live
23
birth or of preserving the life or health of
24
the child after live birth; or
25
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•S 196 IS
‘‘(ii) remove a dead unborn child.’’.
1
(c) EMERGENCY DECLARATIONS UNDER THE ROB-
2
ERT T. STAFFORD DISASTER RELIEF AND EMERGENCY
3
ASSISTANCE ACT.—Section 501 of the Robert T. Stafford
4
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5
5191) is amended by adding at the end the following:
6
‘‘(d) PROHIBITION ON DECLARATIONS RELATING TO
7
ABORTION.—
8
‘‘(1) ABORTION DEFINED.—In this subsection,
9
the term ‘abortion’ means the use or prescription of
10
any instrument, medicine, drug, or other substance
11
or device to intentionally—
12
‘‘(A) kill the unborn child of a woman
13
known to be pregnant; or
14
‘‘(B) prematurely terminate the pregnancy
15
of a woman known to be pregnant, with an in-
16
tention other than to—
17
‘‘(i) increase the probability of a live
18
birth or of preserving the life or health of
19
the child after live birth; or
20
‘‘(ii) remove a dead unborn child.
21
‘‘(2) PROHIBITION.—The President may not
22
declare that an emergency exists under subsection
23
(a) for the purpose of—
24
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•S 196 IS
‘‘(A) promoting, supporting, or expanding
1
access to abortion; or
2
‘‘(B) taking adverse action against or liti-
3
gating against States that prohibit or otherwise
4
restrict abortion.’’.
5
Æ
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