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104TH CONGRESS

1ST SESSION S. 320

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

IN THE SENATE OF THE UNITED STATES

FEBRUARY 1 (legislative day, JANUARY 30), 1995

Mr. HELMS introduced the following bill; which was read twice and referred

to the Committee on Governmental Affairs

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—

8 (1) scientific evidence demonstrates that abor9 tion takes the life of an unborn child who is a living

10 human being;
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1 (2) a right to abortion is not secured by the

2 Constitution; and

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

4 (1973) and Doe v. Bolton, 410 U.S. 179 (1973) the

5 Supreme Court erred in not recognizing the human6 ity of the unborn child and the compelling interest

7 of the States in protecting the life of each person

8 before birth.

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

10 No funds appropriated by Congress shall be used to

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

12 may be used only for those medical procedures required

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

14 unborn child so long as every reasonable effort is made

15 to preserve the life of each.

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

17 OR PROMOTE ABORTION.

18 No funds appropriated by Congress shall be used to

19 promote, encourage, counsel for, refer for, pay for (includ20 ing travel expenses), or do research on, any procedure to

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

22 may be used in connection with only those medical proce23 dures required to prevent the death of either the pregnant

24 woman or her unborn child so long as every reasonable

25 effort is made to preserve the life of each.
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1 SEC. 5. PROHIBITION ON ENTERING INTO CERTAIN INSUR2 ANCE CONTRACTS.

3 Neither the United States, nor any agency or depart4 ment thereof shall enter into any contract for insurance

5 that provides for payment or reimbursement for any pro6 cedure to take the life of an unborn child, except that the

7 United States, or an agency or department thereof may

8 enter into contracts for payment or reimbursement for

9 only those medical procedures required to prevent the

10 death of either the pregnant woman or her unborn child

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

12 life of each.

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

14 No institution, organization, or other entity receiving

15 Federal financial assistance shall—

16 (1) discriminate against any employee, appli17 cant for employment, student, or applicant for ad18 mission as a student on the basis of such person’s

19 opposition to procedures to take the life of an un20 born child or to counseling for or assisting in such

21 procedures;

22 (2) require any employee or student to partici23 pate, directly or indirectly, in a health insurance

24 program which includes procedures to take the life

25 of an unborn child or which provides counseling or

26 referral for such procedures; or
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1 (3) require any employee or student to partici2 pate, directly or indirectly, in procedures to take the

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

4 any other administrative arrangements for such pro5 cedures.

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

7 Notwithstanding any other provision of Federal law,

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

9 in Federal court involving, directly or indirectly, a law, or10 dinance, regulation, or rule prohibiting or restricting pro11 cedures to take the life of an unborn child.

12 SEC. 8. APPEALS OF CERTAIN CASES.

13 Between the first and second paragraphs of section

14 1252 of title 28, United States Code, insert the following

15 new paragraph:

16 ‘‘Notwithstanding the absence of the United States

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

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

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

20 and such law, ordinance, regulation, or rule is declared

21 unconstitutional in an interlocutory or final judgment, de22 cree, or order of any court of the United States, any party

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

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

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