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-evi-
dent 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’’;
•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 determina-
tion 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 equip-
ment;
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 pro-
hibits 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
•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 Constitu-
tion: Now, therefore, be it
Resolved by House of Representatives (the Senate con-
curring), That it is the sense of the Congress that—
(1) the presence of brain wave activity and
spontaneous cardiac activity should be considered
conclusive evidence for all legal purposes of the pres-
ence of human life, without regard to age, health,
defects, or condition of dependency;
(2) the absence of brain wave activity or spon-
taneous cardiac activity, other than an irreversible
cessation of these activities, should not be considered
conclusive evidence for legal purposes that a human
life is not present; and
(3) the Constitution protects all human life in
the United States.
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