`[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 40 Placed on Calendar Senate (PCS)]






                                                         Calendar No. 1
106th CONGRESS
  1st Session
                                 S. 40

              To protect the lives of unborn human beings.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 19, 1999

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

                            January 20, 1999

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
              To protect the lives of unborn human beings.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unborn Children's Civil Rights 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) scientific evidence demonstrates that abortion takes 
        the life of an unborn child who is a living human being;
            (2) a right to abortion is not secured by the Constitution;
            (3) in the cases of Roe v. Wade (410 U.S. 113 (1973)) and 
        Doe v. Bolton (410 U.S. 179 (1973)) the Supreme Court erred in 
        not recognizing the humanity of the unborn child and the 
        compelling interest of the States in protecting the life of 
        each person before birth.

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

    No funds appropriated by Congress shall be used to take the life of 
an unborn child, except that such funds may be used only for those 
medical procedures required to prevent the death of either the pregnant 
woman or her unborn child so long as every reasonable effort is made to 
preserve the life of each.

SEC. 4. PROHIBITION ON USE OF FUNDS TO ENCOURAGE OR PROMOTE ABORTION.

    No funds appropriated by Congress shall be used to promote, 
encourage, counsel for, refer for, pay for (including travel expenses), 
or do research on, any procedure to take the life of an unborn child, 
except that such funds may be used in connection with only those 
medical procedures required to prevent the death of either the pregnant 
woman or her unborn child so long as every reasonable effort is made to 
preserve the life of each.

SEC. 5. PROHIBITION ON ENTERING INTO CERTAIN INSURANCE CONTRACTS.

    Neither the United States, nor any agency or department thereof 
shall enter into any contract for insurance that provides for payment 
or reimbursement for any procedure to take the life of an unborn child, 
except that the United States, or an agency or department thereof may 
enter into contracts for payment or reimbursement for only those 
medical procedures required to prevent the death of either the pregnant 
woman or her unborn child so long as every reasonable effort is made to 
preserve the life of each.

SEC. 6. LIMITATIONS ON RECIPIENTS OF FEDERAL FUNDS.

    No institution, organization, or other entity receiving Federal 
financial assistance shall--
            (1) discriminate against any employee, applicant for 
        employment, student, or applicant for admission as a student on 
        the basis of such person's opposition to procedures to take the 
        life of an unborn child or to counseling for or assisting in 
        such procedures;
            (2) require any employee or student to participate, 
        directly or indirectly, in a health insurance program which 
        includes procedures to take the life of an unborn child or 
        which provides counseling or referral for such procedures; or
            (3) require any employee or student to participate, 
        directly or indirectly, in procedures to take the life of an 
        unborn child or in counseling, referral, or any other 
        administrative arrangements for such procedures.

SEC. 7. LIMITATION ON CERTAIN ATTORNEY'S FEES.

    Notwithstanding any other provision of Federal law, attorneys' fees 
shall not be allowable in any civil action in Federal court involving, 
directly or indirectly, a law, ordinance, regulation, or rule 
prohibiting or restricting procedures to take the life of an unborn 
child.

SEC. 8. APPEALS OF CERTAIN CASES.

    Chapter 81 of title 28, United States Code, is amended by inserting 
after section 1251, the following:
``Sec. 1251. Appeals of certain cases
    ``Notwithstanding the absence of the United States as a party, if 
any State or any subdivision of any State enforces or enacts a law, 
ordinance, regulation, or rule prohibiting procedures to take the life 
of an unborn child, and such law, ordinance, regulation, or rule is 
declared unconstitutional in an interlocutory or final judgment, 
decree, or order of any court of the United States, any party in such a 
case may appeal such case to the Supreme Court, notwithstanding any 
other provision of law.''.
                                     





                                                         Calendar No. 1

106th CONGRESS

  1st Session

                                 S. 40

_______________________________________________________________________

                                 A BILL

              To protect the lives of unborn human beings.

_______________________________________________________________________

                            January 20, 1999

            Read the second time and placed on the calendar`