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Washington, D.C. — U.S. Senators Marco Rubio (R-FL), Jim Risch (R-ID), Roger Marshall (R-KS), Thom Tillis (R-NC), Steve Daines (R-MT), Mike Braun (R-IN), Kevin Cramer (R-ND), Jerry Moran (R-KS), Josh Hawley (R-MO), James Lankford (R-OK), Rick Scott (R-FL), Mike Crapo (R-ID), Marsha Blackburn (R-TN), and Roger Wicker (R-MS) introduced the Prohibiting Federal Emergencies for Abortion Act. The legislation follows reports the Biden Administration may declare a public-health emergency to protect access to abortion services nationwide if the Supreme Court overturns Roe v. Wade. The bill would block the abuse of this executive authority granted under the Public Health Service Act, including other emergency declarations under the National Emergencies Act and the Stafford Act. Rubio announced his intent to introduce this legislation last week.
 
“President Biden and Democrats are hell-bent on preserving the practice of murdering unborn Americans,” Rubio said. “We should be protecting the lives of innocent babies, not Planned Parenthood’s ability to kill them. I will do everything I can to protect life and block this gross abuse of presidential power.”
 
“Based on comments made by senior White House officials, it appears the pro-abortion Democrats are strongly considering to use the full weight of the federal government to impose their radical abortion on-demand agenda onto the pro-life states and communities resisting their plans,” Marshall said. “Congress must close every loophole in the National Emergencies Act, the Public Health Service Act, and Stafford Act that the Biden administration – and any future pro-abortion administration – could exploit to fatally attack unborn lives.”
 
“A federal emergency should never be declared for the purpose of protecting or expanding abortions,” Tillis said. “This legislation will prohibit the Biden administration from carrying out this unacceptable act. Each of us has a duty to protect the most vulnerable among us, even those who are not yet born, which is why I will continue my work to stop the ending of innocent, unborn lives.”
 
“It is clear that this administration will stop at nothing to promote abortion in America, even if it means abusing the power of the Presidency,” Wicker said. “This legislation is an essential step to protect the lives of the unborn and prevent radical abortion activists from using executive action to end life in the womb.”
 
“Joe Biden and Democrats in Washington have made it clear that they’ll do whatever it takes to advance their radical pro-abortion agenda. Taking the life of an unborn child is abhorrent and we won’t stop fighting to protect these innocent lives. I’m proud to stand with my colleagues to block Biden from abusing his power to promote and expand abortion, and urge the Senate to quickly pass this bill,” Scott said.
 
“This is blatant federal overreach to protect a grave moral wrong, and it will not stand,” Daines said. “The Democrats’ utter disregard for innocent human life does not deserve federal protection – the unborn do. The real health emergency is the Democrats’ obsession with abortion on demand.”

“Democrats will do anything to continue their horrific assault against unborn children. The Prohibiting Federal Emergencies for Abortion Act stops the Biden Administration from exploiting executive privilege to further their pro-abortion agenda. Every life is valuable and must be protected,” Cramer said. 

 
Specifically, the Prohibiting Federal Emergencies for Abortion Act would:

• Prohibit the President from declaring a National Emergency or an emergency declaration under the Stafford Act; and
• Prohibit the U.S. Secretary of Health and Human Services from declaring a Public Health Emergency for the purposes of:
  • Promoting, supporting or expanding access to abortion; or
  • Taking adverse action against or litigating against states that prohibit or otherwise restrict abortion
• Define “abortion” as 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.