S196-118

2. Prohibition on declaration of Federal emergency relating to abortion Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended by adding at the end the following: The President may not declare a national emergency under subsection (a) for purposes of— promoting, supporting, or expanding access to abortion; or taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. In this subsection, the term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally— kill the unborn child of a woman known to be pregnant; or prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— increase the probability of a live birth or of preserving the life or health of the child after live birth; or remove a dead unborn child. Section 319 of the Public Health Service Act (42 U.S.C. 247d) is amended by adding at the end the following: Notwithstanding this section, the Secretary may not declare a public health emergency under this section for the purpose of— promoting, supporting, or expanding access to abortion; or taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. In this subsection, the term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally— kill the unborn child of a woman known to be pregnant; or prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— increase the probability of a live birth or of preserving the life or health of the child after live birth; or remove a dead unborn child. 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: In this subsection, the term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally— kill the unborn child of a woman known to be pregnant; or prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— increase the probability of a live birth or of preserving the life or health of the child after live birth; or remove a dead unborn child. The President may not declare that an emergency exists under subsection (a) for the purpose of— promoting, supporting, or expanding access to abortion; or taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. (c)Prohibition on declaring national emergences relating to abortion(1)In generalThe 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 definedIn 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.. (g)Limitation(1)In generalNotwithstanding 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)DefinitionIn 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.. (d)Prohibition on declarations relating to abortion(1)Abortion definedIn 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)ProhibitionThe 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..