WASHINGTON -- On May 20, 2004, Senator Sam Brownback (R-Ks.) and Congressman Chris Smith (R-NJ), with the strong backing of the National Right to Life Committee (NRLC), introduced a major new pro-life initiative, the Unborn Child Pain Awareness Act (S. 2466, H.R. 4420).

"There are numerous laws to prevent cruelty to domestic and wild animals, but no law to prevent well-developed unborn children from suffering excruciating pain as they are torn limb from limb or crushed during abortions," said NRLC Legislative Director Douglas Johnson, who joined Brownback and Smith at a press conference in the U.S. Capitol announcing the introduction of the bill.

Statements endorsing the bill were also issued by the Family Research Council, Christian Medical Association, Southern Baptist Convention (Ethics and Religious Liberty Commission), and U.S. Conference of Catholic Bishops.

This bill would require every abortionist to provide, whenever a woman seeks an abortion past 20 weeks after fertilization, specified information about the capacity of her unborn child to experience pain during the abortion, after which the woman must either accept or refuse (by signing a form) the administration of pain-reducing drugs directly to the unborn child. The bill would apply to all abortions past 20 weeks, regardless of the method used.

The pain caused by the partial-birth method has been the subject of testimony during the ongoing trial before a federal judge in New York regarding the Partial-Birth Abortion Ban Act. For example, the Associated Press dispatch reported on April 7: "A type of abortion banned under a new federal law would cause 'severe and excruciating' pain to 20-week-old fetuses, a medical expert testified yesterday … 'I believe the fetus is conscious,' said Dr. Kanwaljeet 'Sonny' Anand, a pediatrician at the University of Arkansas for Medical Sciences. … Anand said yesterday that fetuses show increased heart rate, blood flow, and hormone levels in response to pain. 'The physiological responses have been very clearly studied,' he said. 'The fetus cannot talk . . . so this is the best evidence we can get.'"

The Unborn Child Pain Awareness Act contains a number of proposed congressional "findings" regarding the scientific evidence that unborn children would experience great pain during abortions at 20 weeks (and perhaps earlier). The findings also cite a number of existing federal laws that seek to diminish the suffering even of animals, such as restrictions on how livestock are slaughtered and restrictions on the use of animals in medical research.

In a Zogby poll conducted last month, the public supported "laws requiring that women who are 20 weeks or more along in their pregnancy be given information about fetal pain before having an abortion" by a 77-16 percent margin.

ACTION REQUESTED: Go to the NRLC Legislative Action Center, www.capwiz.com/nrlc/home to send e-mails to your lawmakers, urging them to cosponsor the Unborn Child Pain Awareness Act. For those senators and representatives who are already listed as cosponsors, you can send already-prepared e-mails thanking them for their support for this important new pro-life initiative.

The full text of the Unborn Child Pain Awareness Act will be posted on the NRLC website as soon as it is made available by the Government Printing Office, along with additional helpful documentation on the issue, at www.nrlc.org/abortion/fetal_pain/index.html.

VSHL is the Virginia affiliate of the National Right to Life Committee.