IV

106TH CONGRESS

2D SESSION H. CON. RES. 305

Expressing the sense of the Congress that the presence of brain wave activity

and spontaneous cardiac activity should be considered conclusive evidence

of human life for legal purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 12, 2000

Mr. COBURN (for himself, Mrs. MYRICK, Mr. PITTS, Mrs. CHENOWETH-HAGE,

Mr. SHOWS, Mr. WELDON of Florida, Mr. RYAN of Wisconsin, Mr.

DELAY, Mrs. EMERSON, Mr. HOSTETTLER, Mr. BARCIA, Mr. BARTLETT

of Maryland, Mr. DICKEY, Mr. HUNTER, Mr. GREEN of Wisconsin, Mr.

SHADEGG, Mr. SMITH of New Jersey, Mr. TIAHRT, Mr. JONES of North

Carolina, Mr. TAYLOR of Mississippi, Mr. DEMINT, Mr. LARGENT, Mr.

ADERHOLT, Mr. TERRY, Mr. SOUDER, Mr. SCHAFFER, Mr. DOOLITTLE,

Mr. VITTER, Mr. MCINTOSH, and Mr. BRADY of Texas) submitted the

following concurrent resolution; which was referred to the Committee on

the Judiciary

CONCURRENT RESOLUTION

Expressing the sense of the Congress that the presence of

brain wave activity and spontaneous cardiac activity

should be considered conclusive evidence of human life

for legal purposes.

Whereas the Declaration of Independence states as self-evident truths ‘‘that all Men are created equal, that they are

endowed by their Creator with certain unalienable Rights,

that among these are Life, Liberty, and the Pursuit of

Happiness’’;
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•HCON 305 IH

Whereas ascertaining the presence of human life is relevant

to critical questions of law and rights;

Whereas in every jurisdiction in the United States death is

legally defined either by statute or by judicial determination as the irreversible cessation of spontaneous cardiac

activity and brain wave activity;

Whereas the presence of these indices is legally valid as proof

of the presence of life;

Whereas spontaneous cardiac activity and brain wave activity

are both readily detectable with modern medical equipment;

Whereas brain wave activity in a human being is detectable

at 41 days after conception and is continuous thereafter

throughout the individual’s life;

Whereas the human heartbeat is detectable at 24 days after

conception and is continuous thereafter throughout the

individual’s life;

Whereas the Fourteenth Amendment to the Constitution prohibits any State from depriving any person of life, liberty,

or property without due process of law;

Whereas the Supreme Court, in its 1973 decision in Roe v.

Wade, stated that ‘‘the word ‘person,’ as used in the

Fourteenth Amendment, does not include the unborn’’;

Whereas when the State of Texas in Roe v. Wade urged that

a State has a compelling interest in protecting human life

from and after conception, the Supreme Court declined

to resolve ‘‘the difficult question of when life begins’’;

Whereas the presence of human life is detectable apart from

its beginning, and a determination of the presence of
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•HCON 305 IH

human life is a sufficient basis for the recognition of

rights; and

Whereas clarity and consistency in the law are essential to

the protection of the rights guaranteed by the Constitution: Now, therefore, be it

1 Resolved by House of Representatives (the Senate con2 curring), That it is the sense of the Congress that—

3 (1) the presence of brain wave activity and

4 spontaneous cardiac activity should be considered

5 conclusive evidence for all legal purposes of the pres6 ence of human life, without regard to age, health,

7 defects, or condition of dependency;

8 (2) the absence of brain wave activity or spon9 taneous cardiac activity, other than an irreversible

10 cessation of these activities, should not be considered

11 conclusive evidence for legal purposes that a human

12 life is not present; and

13 (3) the Constitution protects all human life in

14 the United States.

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