Section 1 Short title
This Act may be cited as the “Prohibiting Federal Emergencies for Abortion Act”.
Prohibiting Federal Emergencies for Abortion Act
A BILL
To prohibit the declaration of a Federal emergency relating to abortion.
Sec. 2 Prohibition on declaration of Federal emergency relating to abortion
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.”
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.”
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.”