II

Calendar No. 7

104TH CONGRESS

1ST SESSION S. 28

To protect the lives of unborn human beings, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 4, 1995

Mr. HELMS introduced the following bill; which was read the first time

JANUARY 5, 1995

Read the second time and placed on the calendar

A BILL

To protect the lives of unborn human beings, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Unborn Children’s

5 Civil Rights Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
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1 (1) scientific evidence demonstrates that abor2 tion takes the life of an unborn child who is a living

3 human being;

4 (2) a right to abortion is not secured by the

5 Constitution; and

6 (3) in the cases of Roe v. Wade, 410 U.S. 113

7 (1973) and Doe v. Bolton, 410 U.S. 179 (1973) the

8 Supreme Court erred in not recognizing the human9 ity of the unborn child and the compelling interest

10 of the States in protecting the life of each person

11 before birth.

12 SEC. 3. PROHIBITION ON USE OF FUNDS FOR ABORTION.

13 No funds appropriated by Congress shall be used to

14 take the life of an unborn child, except that such funds

15 may be used only for those medical procedures required

16 to prevent the death of either the pregnant woman or her

17 unborn child so long as every reasonable effort is made

18 to preserve the life of each.

19 SEC. 4. PROHIBITION ON USE OF FUNDS TO ENCOURAGE

20 OR PROMOTE ABORTION.

21 No funds appropriated by Congress shall be used to

22 promote, encourage, counsel for, refer for, pay for (includ23 ing travel expenses), or do research on, any procedure to

24 take the life of an unborn child, except that such funds

25 may be used in connection with only those medical proce-
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1 dures required to prevent the death of either the pregnant

2 woman or her unborn child so long as every reasonable

3 effort is made to preserve the life of each.

4 SEC. 5. PROHIBITION ON ENTERING INTO CERTAIN INSUR5 ANCE CONTRACTS.

6 Neither the United States, nor any agency or depart7 ment thereof shall enter into any contract for insurance

8 that provides for payment or reimbursement for any pro9 cedure to take the life of an unborn child, except that the

10 United States, or an agency or department thereof may

11 enter into contracts for payment or reimbursement for

12 only those medical procedures required to prevent the

13 death of either the pregnant woman or her unborn child

14 so long as every reasonable effort is made to preserve the

15 life of each.

16 SEC. 6. LIMITATIONS ON RECIPIENTS OF FEDERAL FUNDS.

17 No institution, organization, or other entity receiving

18 Federal financial assistance shall—

19 (1) discriminate against any employee, appli20 cant for employment, student, or applicant for ad21 mission as a student on the basis of such person’s

22 opposition to procedures to take the life of an un23 born child or to counseling for or assisting in such

24 procedures;
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1 (2) require any employee or student to partici2 pate, directly or indirectly, in a health insurance

3 program which includes procedures to take the life

4 of an unborn child or which provides counseling or

5 referral for such procedures; or

6 (3) require any employee or student to partici7 pate, directly or indirectly, in procedures to take the

8 life of an unborn child or in counseling, referral, or

9 any other administrative arrangements for such pro10 cedures.

11 SEC. 7. LIMITATION ON CERTAIN ATTORNEY’S FEES.

12 Notwithstanding any other provision of Federal law,

13 attorneys’ fees shall not be allowable in any civil action

14 in Federal court involving, directly or indirectly, a law, or15 dinance, regulation, or rule prohibiting or restricting pro16 cedures to take the life of an unborn child.

17 SEC. 8. APPEALS OF CERTAIN CASES.

18 Between the first and second paragraphs of section

19 1252 of title 28, United States Code, insert the following

20 new paragraph:

21 ‘‘Notwithstanding the absence of the United States

22 as a party, if any State or any subdivision of any State

23 enforces or enacts a law, ordinance, regulation, or rule

24 prohibiting procedures to take the life of an unborn child,

25 and such law, ordinance, regulation, or rule is declared
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1 unconstitutional in an interlocutory or final judgment, de2 cree, or order of any court of the United States, any party

3 in such a case may appeal such case to the Supreme

4 Court, notwithstanding any other provision of law.’’.

Calendar No. 7

104TH CONGRESS

1ST SESSION S. 28

A BILL

To protect the lives of unborn human beings, and

for other purposes.

JANUARY 5, 1995

Read the second time and placed on the calendar