H.R. 1143House118th Congress (2023-2025)In Committee

Prohibiting Federal Emergencies for Abortion Act

Introduced February 21, 2023

AI-Generated Summary

Updated January 20, 2026 at 3:54 AM UTC

The Prohibiting Federal Emergencies for Abortion Act would stop the President from using any federal emergency authority to promote abortion or to punish states that limit abortion. It changes the National Emergencies Act, the Public Health Service Act, and the Stafford Disaster Relief Act. The rule would affect how the executive branch can declare national, public‑health, or disaster emergencies.

Key Provisions

  • Amends the National Emergencies Act to bar the President from declaring a national emergency for the purpose of expanding abortion access or taking adverse action against states that restrict abortion.
  • Amends the Public Health Service Act to prevent the Secretary of Health and Human Services from declaring a public‑health emergency for those same abortion‑related purposes.
  • Amends the Stafford Disaster Relief and Emergency Assistance Act to forbid the President from declaring a disaster emergency to promote abortion or to act against restrictive states.
  • Provides a definition of “abortion” that covers any instrument, drug, or device used to intentionally end a pregnancy, except when done to save a live birth or remove a dead fetus.

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Health.

March 3, 2023

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HouseIntro Referral

Introduced in House

February 21, 2023

HouseIntro Referral

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.

February 21, 2023

HouseCommittee

Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.

February 22, 2023

HouseCommittee

Referred to the Subcommittee on Health.

March 3, 2023

Floor Debate

1 member

What members said about H.R. 1143 on the floor

1 Democrat
André Carson
Rep. André CarsonD-IN-7 · Feb 28, 2023

Mr. Speaker, I rise to celebrate Black History Month with a tribute to an amazing Black man named Harry Hoosier. If you're from Indiana, you've likely faced the age-old question: ``So, what exactly…

Bill Text

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Introduced in HouseIssued February 21, 2023

I

118th CONGRESS

1st Session

H. R. 1143

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.

Short title

This Act may be cited as the Prohibiting Federal Emergencies for Abortion Act.

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.

.