I 

118TH CONGRESS 

1ST SESSION H. R. 1143 

To prohibit the declaration of a Federal emergency relating to abortion. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 21, 2023 

Mr. PFLUGER (for himself, Mr. SMITH of New Jersey, Mr. ALFORD, and Mr. 

STEUBE) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To prohibit the declaration of a Federal emergency relating 

to abortion. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prohibiting Federal 

5 Emergencies for Abortion Act’’. 

6 SEC. 2. PROHIBITION ON DECLARATION OF FEDERAL 

7 EMERGENCY RELATING TO ABORTION. 

8 (a) PROHIBITION ON DECLARATIONS OF NATIONAL

9 EMERGENCIES RELATING TO ABORTION UNDER NAVerDate Sep 11 2014 03:32 Mar 11, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1143.IH H1143

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1 TIONAL EMERGENCIES ACT.—Section 201 of the National 

2 Emergencies Act (50 U.S.C. 1621) is amended by adding 

3 at the end the following: 

4 ‘‘(c) PROHIBITION ON DECLARING NATIONAL

5 EMERGENCES RELATING TO ABORTION.— 

6 ‘‘(1) IN GENERAL.—The President may not de7 clare a national emergency under subsection (a) for 

8 purposes of— 

9 ‘‘(A) promoting, supporting, or expanding 

10 access to abortion; or 

11 ‘‘(B) taking adverse action against or liti12 gating against States that prohibit or otherwise 

13 restrict abortion. 

14 ‘‘(2) ABORTION DEFINED.—In this subsection, 

15 the term ‘abortion’ means the use or prescription of 

16 any instrument, medicine, drug, or other substance 

17 or device to intentionally— 

18 ‘‘(A) kill the unborn child of a woman 

19 known to be pregnant; or 

20 ‘‘(B) prematurely terminate the pregnancy 

21 of a woman known to be pregnant, with an in22 tention other than to— 

23 ‘‘(i) increase the probability of a live 

24 birth or of preserving the life or health of 

25 the child after live birth; or 


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1 ‘‘(ii) remove a dead unborn child.’’. 

2 (b) PUBLIC HEALTH SERVICE ACT.—Section 319 of 

3 the Public Health Service Act (42 U.S.C. 247d) is amend4 ed by adding at the end the following: 

5 ‘‘(g) LIMITATION.— 

6 ‘‘(1) IN GENERAL.—Notwithstanding this sec7 tion, the Secretary may not declare a public health 

8 emergency under this section for the purpose of— 

9 ‘‘(A) promoting, supporting, or expanding 

10 access to abortion; or 

11 ‘‘(B) taking adverse action against or liti12 gating against States that prohibit or otherwise 

13 restrict abortion. 

14 ‘‘(2) DEFINITION.—In this subsection, the term 

15 ‘abortion’ means the use or prescription of any in16 strument, medicine, drug, or other substance or de17 vice to intentionally— 

18 ‘‘(A) kill the unborn child of a woman 

19 known to be pregnant; or 

20 ‘‘(B) prematurely terminate the pregnancy 

21 of a woman known to be pregnant, with an in22 tention other than to— 

23 ‘‘(i) increase the probability of a live 

24 birth or of preserving the life or health of 

25 the child after live birth; or 


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1 ‘‘(ii) remove a dead unborn child.’’. 

2 (c) EMERGENCY DECLARATIONS UNDER THE ROB3 ERT T. STAFFORD DISASTER RELIEF AND EMERGENCY

4 ASSISTANCE ACT.—Section 501 of the Robert T. Stafford 

5 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

6 5191) is amended by adding at the end the following: 

7 ‘‘(d) PROHIBITION ON DECLARATIONS RELATING TO

8 ABORTION.— 

9 ‘‘(1) ABORTION DEFINED.—In this subsection, 

10 the term ‘abortion’ means the use or prescription of 

11 any instrument, medicine, drug, or other substance 

12 or device to intentionally— 

13 ‘‘(A) kill the unborn child of a woman 

14 known to be pregnant; or 

15 ‘‘(B) prematurely terminate the pregnancy 

16 of a woman known to be pregnant, with an in17 tention other than to— 

18 ‘‘(i) increase the probability of a live 

19 birth or of preserving the life or health of 

20 the child after live birth; or 

21 ‘‘(ii) remove a dead unborn child. 

22 ‘‘(2) PROHIBITION.—The President may not 

23 declare that an emergency exists under subsection 

24 (a) for the purpose of— 


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1 ‘‘(A) promoting, supporting, or expanding 

2 access to abortion; or 

3 ‘‘(B) taking adverse action against or liti4 gating against States that prohibit or otherwise 

5 restrict abortion.’’. 

Æ 


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