Together with pro-family and pro-life leaders, U.S. Senator Lindsey Graham introduced in the United States Senate today the Pain Capable Unborn Child Protection Act.
In a speech, Graham said:
"There are only seven countries that allow wholesale abortions at the 20-week period including China and North Korea. The United States should not be in that club.
"I don't believe abortion, five months into pregnancy, makes us a better nation. I look forward to leading this long-overdue effort and pushing for a roll call vote in the Senate.
"Today is the start of a journey, much like the one we used to pass the Unborn Victims of Violence Act and the Partial Birth Abortion Ban. I have no doubt the legislation will one day be passed by Congress and signed into law.
"America is at her best when she's standing up for the least among us and the sooner we pass this legislation into law, the better. We are on the right side of history."
The Pain Capable Unborn Child Protection Act "amends the federal criminal code to prohibit any person from performing or attempting to perform an abortion except in conformity with this Act's requirements:
Requires the physician to first determine the probable post-fertilization age of the unborn child, or reasonably rely upon such a determination made by another physician, by making inquiries of the pregnant woman and performing such medical examinations and tests as a reasonably prudent physician would consider necessary.
Prohibits the abortion from being performed if the probable post-fertilization age of the unborn child is 20 weeks or greater, except: (1) where necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, illness, or injury, excluding psychological or emotional conditions; or (2) where the pregnancy is the result of rape, or the result of incest against a minor, if the rape has been reported at any time prior to the abortion to an appropriate law enforcement agency, or if the incest has been reported at any time prior to the abortion to an appropriate law enforcement agency or to a government agency legally authorized to act on reports of child abuse or neglect.
Permits a physician to terminate a pregnancy under such an exception only in the manner that provides the best opportunity for the unborn child to survive, unless that manner would pose a greater risk than other available methods would pose of the death or substantial and irreversible physical impairment of a major bodily function, excluding psychological or emotional conditions, of the pregnant woman.
Subjects individuals who violate this Act to a fine, imprisonment for not more than five years, or both. Bars prosecution of a woman upon whom an abortion is performed in violation of this Act for violating or conspiring to violate this Act.
Defines "abortion" to mean the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally kill an unborn child or to intentionally terminate a pregnancy with an intention other than: (1) after viability, to produce a live birth and preserve the life and health of the child; or (2) to remove a dead unborn child."
In May, the House approved the bill on a 242-184 vote.
Joining Graham and other pro-life and pro-family leaders, Tony Perkins, President of Family Research Council, gave the following remarks at the press conference in support of the U.S. Senate introduction of the Pain-Capable Unborn Child Protection Act:
"America is one of only seven nations in the world that allow abortion at any time for any reason after the fifth month after conception. As far as human rights go, the fewer things America has in common with the evil regimes of North Korea and China the better. And it's time for us, as Americans, to leave this club of seven.
"Last month, in large part due to the diligence and commitment of many here in this room today, we celebrated a great victory in the House when the Pain-Capable Unborn Child Protection Act was passed overwhelmingly on the second anniversary of the conviction of the infamous abortionist Dr. Kermit Gosnell; for his crimes against, not just babies, but their mothers as well.
"Remember, abortion is not just about ending the life of a baby, but in many cases it's about robbing the future of a mother. The brutality of what Dr. Gosnell did is underscored by the fact that many of the babies that he killed outside the womb by 'snipping their spinal cord' would have experienced the same excruciating pain if killed while still in the womb.
"We wholeheartedly support this measure and will work with Senator Graham and his colleagues to pass this bill.
"I call upon President Obama and his party to withdraw their opposition to this bill; and I call upon President Obama to pledge his support for this measure that would help bring his administration's policies in line with his political rhetoric," concluded Perkins.