Home > 105th Congressional Bills > H.R. 1003 (rh) To clarify Federal law with respect to restricting the use of Federal funds in support of assisted suicide. ...

H.R. 1003 (rh) To clarify Federal law with respect to restricting the use of Federal funds in support of assisted suicide. ...


Google
 
Web GovRecords.org


105th CONGRESS
  1st Session
                                H. R. 1003


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 1997

                                Received

_______________________________________________________________________

                                 AN ACT


 
 To clarify Federal law with respect to restricting the use of Federal 
                 funds in support of assisted suicide.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Assisted Suicide 
Funding Restriction Act of 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Restriction on use of Federal funds under health care programs.
Sec. 4. Restriction on use of Federal funds under certain grant 
                            programs under the Developmental 
                            Disabilities Assistance and Bill of Rights 
                            Act.
Sec. 5. Restriction on use of Federal funds by advocacy programs.
Sec. 6. Restriction on use of other Federal funds.
Sec. 7. Clarification with respect to advance directives.
Sec. 8. Application to District of Columbia.
Sec. 9. Conforming amendments.
Sec. 10. Relation to other laws.
Sec. 11. Effective date.
Sec. 12. Suicide prevention (including assisted suicide).

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Federal Government provides financial support for 
        the provision of and payment for health care services, as well 
        as for advocacy activities to protect the rights of 
        individuals.
            (2) Assisted suicide, euthanasia, and mercy killing have 
        been criminal offenses throughout the United States and, under 
        current law, it would be unlawful to provide services in 
        support of such illegal activities.
            (3) Because of recent legal developments, it may become 
        lawful in areas of the United States to furnish services in 
        support of such activities.
            (4) Congress is not providing Federal financial assistance 
        in support of assisted suicide, euthanasia, and mercy killing 
        and intends that Federal funds not be used to promote such 
        activities.
    (b) Purpose.--It is the principal purpose of this Act to continue 
current Federal policy by providing explicitly that Federal funds may 
not be used to pay for items and services (including assistance) the 
purpose of which is to cause (or assist in causing) the suicide, 
euthanasia, or mercy killing of any individual.

SEC. 3. RESTRICTION ON USE OF FEDERAL FUNDS UNDER HEALTH CARE PROGRAMS.

    (a) Restriction on Federal Funding of Health Care Services.--
Subject to subsection (b), no funds appropriated by Congress for the 
purpose of paying (directly or indirectly) for the provision of health 
care services may be used--
            (1) to provide any health care item or service furnished 
        for the purpose of causing, or for the purpose of assisting in 
        causing, the death of any individual, such as by assisted 
        suicide, euthanasia, or mercy killing;
            (2) to pay (directly, through payment of Federal financial 
        participation or other matching payment, or otherwise) for such 
        an item or service, including payment of expenses relating to 
        such an item or service; or
            (3) to pay (in whole or in part) for health benefit 
        coverage that includes any coverage of such an item or service 
        or of any expenses relating to such an item or service.
    (b) Construction and Treatment of Certain Services.--Nothing in 
subsection (a), or in any other provision of this Act (or in any 
amendment made by this Act), shall be construed to apply to or to 
affect any limitation relating to--
            (1) the withholding or withdrawing of medical treatment or 
        medical care;
            (2) the withholding or withdrawing of nutrition or 
        hydration;
            (3) abortion; or
            (4) the use of an item, good, benefit, or service furnished 
        for the purpose of alleviating pain or discomfort, even if such 
        use may increase the risk of death, so long as such item, good, 
        benefit, or service is not also furnished for the purpose of 
        causing, or the purpose of assisting in causing, death, for any 
        reason.
    (c) Limitation on Federal Facilities and Employees.--Subject to 
subsection (b), with respect to health care items and services 
furnished--
            (1) by or in a health care facility owned or operated by 
        the Federal government, or
            (2) by any physician or other individual employed by the 
        Federal government to provide health care services within the 
        scope of the physician's or individual's employment,
no such item or service may be furnished for the purpose of causing, or 
for the purpose of assisting in causing, the death of any individual, 
such as by assisted suicide, euthanasia, or mercy killing.
    (d) List of Programs to Which Restrictions Apply.--
            (1) Federal health care funding programs.--Subsection (a) 
        applies to funds appropriated under or to carry out the 
        following:
                    (A) Medicare program.--Title XVIII of the Social 
                Security Act.
                    (B) Medicaid program.--Title XIX of the Social 
                Security Act.
                    (C) Title xx social services block grant.--Title XX 
                of the Social Security Act.
                    (D) Maternal and child health block grant 
                program.--Title V of the Social Security Act.
                    (E) Public health service act.--The Public Health 
                Service Act.
                    (F) Indian health care improvement act.--The Indian 
                Health Care Improvement Act.
                    (G) Federal employees health benefits program.--
                Chapter 89 of title 5, United States Code.
                    (H) Military health care system (including tricare 
                and champus programs).--Chapter 55 of title 10, United 
                States Code.
                    (I) Veterans medical care.--Chapter 17 of title 38, 
                United States Code.
                    (J) Health services for peace corps volunteers.--
                Section 5(e) of the Peace Corps Act (22 U.S.C. 
                2504(e)).
                    (K) Medical services for federal prisoners.--
                Section 4005(a) of title 18, United States Code.
            (2) Federal facilities and personnel.--The provisions of 
        subsection (c) apply to facilities and personnel of the 
        following:
                    (A) Military health care system.--The Department of 
                Defense operating under chapter 55 of title 10, United 
                States Code.
                    (B) Veterans medical care.--The Veterans Health 
                Administration of the Department of Veterans Affairs.
                    (C) Public health service.--The Public Health 
                Service.
            (3) Nonexclusive list.--Nothing in this subsection shall be 
        construed as limiting the application of subsection (a) to the 
        programs specified in paragraph (1) or the application of 
        subsection (c) to the facilities and personnel specified in 
        paragraph (2).

SEC. 4. RESTRICTION ON USE OF FEDERAL FUNDS UNDER CERTAIN GRANT 
              PROGRAMS UNDER THE DEVELOPMENTAL DISABILITIES ASSISTANCE 
              AND BILL OF RIGHTS ACT.

    Subject to section 3(b) (relating to construction and treatment of 
certain services), no funds appropriated by Congress to carry out part 
B, D, or E of the Developmental Disabilities Assistance and Bill of 
Rights Act may be used to support or fund any program or service which 
has a purpose of assisting in procuring any item, benefit, or service 
furnished for the purpose of causing, or the purpose of assisting in 
causing, the death of any individual, such as by assisted suicide, 
euthanasia, or mercy killing.

SEC. 5. RESTRICTION ON USE OF FEDERAL FUNDS BY ADVOCACY PROGRAMS.

    (a) In General.--Subject to section 3(b) (relating to construction 
and treatment of certain services), no funds appropriated by Congress 
may be used to assist in, to support, or to fund any activity or 
service which has a purpose of assisting in, or to bring suit or 
provide any other form of legal assistance for the purpose of--
            (1) securing or funding any item, benefit, program, or 
        service furnished for the purpose of causing, or the purpose of 
        assisting in causing, the suicide, euthanasia, or mercy killing 
        of any individual;
            (2) compelling any person, institution, governmental entity 
        to provide or fund any item, benefit, program, or service for 
        such purpose; or
            (3) asserting or advocating a legal right to cause, or to 
        assist in causing, the suicide, euthanasia, or mercy killing of 
        any individual.
    (b) List of Programs to Which Restrictions Apply.--
            (1) In general.--Subsection (a) applies to funds 
        appropriated under or to carry out the following:
                    (A) Protection and advocacy systems under the 
                developmental disabilities assistance and bill of 
                rights act.--Part C of the Developmental Disabilities 
                Assistance and Bill of Rights Act.
                    (B) Protection and advocacy systems under the 
                protection and advocacy for mentally ill individuals 
                act.--The Protection and Advocacy for Mentally Ill 
                Individuals Act of 1986.
                    (C) Protection and advocacy systems under the 
                rehabilitation act of 1973.--Section 509 of the 
                Rehabilitation Act of 1973 (29 U.S.C. 794e).
                    (D) Ombudsman programs under the older americans 
                act of 1965.--Ombudsman programs under the Older 
                Americans Act of 1965.
                    (E) Legal assistance.--Legal assistance programs 
                under the Legal Services Corporation Act.
            (2) Nonexclusive list.--Nothing in this subsection shall be 
        construed as limiting the application of subsection (a) to the 
        programs specified in paragraph (1).

SEC. 6. RESTRICTION ON USE OF OTHER FEDERAL FUNDS.

    (a) In General.--Subject to section 3(b) (relating to construction 
and treatment of certain services) and subsection (b) of this section, 
no funds appropriated by the Congress shall be used to provide, 
procure, furnish, or fund any item, good, benefit, activity, or 
service, furnished or performed for the purpose of causing, or 
assisting in causing, the suicide, euthanasia, or mercy killing of any 
individual.
    (b) Nonduplication.--Subsection (a) shall not apply to funds to 
which section 3, 4, or 5 applies, except that subsection (a), rather 
than section 3, shall apply to funds appropriated to carry out title 
10, United States Code (other than chapter 55), title 18, United States 
Code (other than section 4005(a)), and chapter 37 of title 28, United 
States Code.

SEC. 7. CLARIFICATION WITH RESPECT TO ADVANCE DIRECTIVES.

    Subject to section 3(b) (relating to construction and treatment of 
certain services), sections 1866(f) and 1902(w) of the Social Security 
Act shall not be construed--
            (1) to require any provider or organization, or any 
        employee of such a provider or organization, to inform or 
        counsel any individual regarding any right to obtain an item or 
        service furnished for the purpose of causing, or the purpose of 
        assisting in causing, the death of the individual, such as by 
        assisted suicide, euthanasia, or mercy killing; or
            (2) to apply to or to affect any requirement with respect 
        to a portion of an advance directive that directs the 
        purposeful causing of, or the purposeful assisting in causing, 
        the death of any individual, such as by assisted suicide, 
        euthanasia, or mercy killing.

SEC. 8. APPLICATION TO DISTRICT OF COLUMBIA.

    For purposes of this Act, the term ``funds appropriated by 
Congress'' includes funds appropriated to the District of Columbia 
pursuant to an authorization of appropriations under title V of the 
District of Columbia Self-Government and Governmental Reorganization 
Act and the term ``Federal government'' includes the government of the 
District of Columbia.

SEC. 9. CONFORMING AMENDMENTS.

    (a) Medicare Program.--
            (1) Funding.--Section 1862(a) of the Social Security Act 
        (42 U.S.C. 1395y(a)) is amended--
                    (A) by striking ``or'' at the end of paragraph 
                (14);
                    (B) by striking the period at the end of paragraph 
                (15) and inserting ``; or''; and
                    (C) by inserting after paragraph (15) the following 
                new paragraph:
            ``(16) in the case in which funds may not be used for such 
        items and services under the Assisted Suicide Funding 
        Restriction Act of 1997.''.
            (2) Advance directives.--Section 1866(f) of such Act (42 
        U.S.C. 1395cc(f)) is amended by adding at the end the following 
        new paragraph:
    ``(4) For construction relating to this subsection, see section 7 
of the Assisted Suicide Funding Restriction Act of 1997 (relating to 
clarification respecting assisted suicide, euthanasia, and mercy 
killing).''.
    (b) Medicaid Program.--
            (1) Funding.--Section 1903(i) of the Social Security Act 
        (42 U.S.C. 1396b(i)) is amended--
                    (A) by striking ``or'' at the end of paragraph 
                (14);
                    (B) by striking the period at the end of paragraph 
                (15) and inserting ``; or''; and
                    (C) by inserting after paragraph (15) the following 
                new paragraph:
            ``(16) with respect to any amount expended for which funds 
        may not be used under the Assisted Suicide Funding Restriction 
        Act of 1997.''.
            (2) Advance directives.--Section 1902(w) of such Act (42 
        U.S.C. 1396a(w)) is amended by adding at the end the following 
        new paragraph:
    ``(5) For construction relating to this subsection, see section 7 
of the Assisted Suicide Funding Restriction Act of 1997 (relating to 
clarification respecting assisted suicide, euthanasia, and mercy 
killing).''.
    (c) Title XX Block Grant Program.--Section 2005(a) of the Social 
Security Act (42 U.S.C. 1397d(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 

Pages: 1 2 Next >>

Other Popular 105th Congressional Bills Documents:

1 S. 1159 (is) To amend the Alaska Native Claims Settlement Act, regarding the Kake Tribal Corporation public interest land exchange. ...
2 H.R. 2581 (ih) To protect the privacy of individuals with respect to the Social Security number. ...
3 H.Con.Res. 84 (eas) ...
4 S. 1222 (rs) To catalyze restoration of estuary habitat through more efficient financing of projects and enhanced coordination of Federal and non- Federal restoration programs, and for other purposes. ...
5 H.R. 3528 (eh) To amend title 28, United States Code, with respect to the use of alternative dispute resolution processes in United States district courts, and for other purposes. ...
6 H.R. 478 (ih) To amend the Endangered Species Act of 1973 to improve the ability of individuals and local, State, and Federal agencies to comply with that Act in building, operating, maintaining, or repairing flood control projects, facilities, or structu...
7 S. 2245 (is) To require employers to notify local emergency officials, under the appropriate circumstances, of workplace emergencies, and for other purposes. ...
8 H.R. 39 (ih) To reauthorize the African Elephant Conservation Act. ...
9 H.R. 1089 (ih) To rename the United States Court of Veterans Appeals as the United States Court of Appeals for Veterans Claims. ...
10 H.R. 1198 (ih) To direct the Secretary of the Interior to convey certain land to the City of Grants Pass, Oregon. ...
11 H.Res. 82 (eh) ...
12 H.R. 2744 (enr) For the relief of Chong Ho Kwak. ...
13 H.R. 2394 (ih) To direct the Director of the Federal Emergency Management Agency to transfer certain parcels of land located in the counties of Greene and Calhoun, Illinois. ...
14 S.Con.Res. 103 (rfh) Expressing the sense of the Congress in support of the recommendations of the International Commission of Jurists on Tibet and on United States policy with regard to Tibet. ...
15 H.R. 2266 (eh) Making appropriations for the Department of Defense for the fiscal year ending September 30, 1998, and for other purposes. ...
16 H.R. 1197 (eh) To amend title 35, United States Code, to protect patent owners against the unauthorized sale of plant parts taken from plants illegally reproduced, and for other purposes. ...
17 H.R. 2059 (ih) To suspend temporarily the duty on ethofumesate. ...
18 H.R. 706 (ih) To provide off-budget treatment for one-half of the receipts and disbursements of the land and water conservation fund. ...
19 S. 2126 (pcs) To amend section 502B of the Foreign Assistance Act of 1961 to require information on foreign government officials responsible for egregious offenses against human rights in the annual reports on the human rights practices of countries recei...
20 S. 2057 (pp1) To authorize appropriations for fiscal year 1999 for military ...
21 H.R. 2859 (ih) To prohibit commercial air tours over the Rocky Mountain National Park. ...
22 S. 2144 (is) To amend the Fair Labor Standards Act of 1938 to exempt from the minimum wage recordkeeping and overtime compensation requirements certain specialized employees. ...
23 H.R. 1391 (ih) To amend the Internal Revenue Code of 1986 to provide an exemption from tax for gain on sale of a principal residence. ...
24 S. 1017 (is) To amend title 38, United States Code, to establish a presumption of total disability for certain individuals for purposes of nonservice- connected disability pension. ...
25 H.Res. 43 (eh) ...
26 H.R. 2249 (ih) To authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and 1999, and for other purposes. ...
27 H.R. 2569 (ih) For the relief of Maria Dos Anjos Pires Soares. ...
28 H.R. 21 (ih) To require the general application of the antitrust laws to major league baseball, and for other purposes. ...
29 H.R. 1001 (eh) To extend the term of appointment of certain members of the Prospective Payment Assessment Commission and the Physician Payment Review Commission. ...
30 H.R. 2209 (rh) Making appropriations for the Legislative Branch for the fiscal year ending September 30, 1998, and for other purposes. ...


Other Documents:

105th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy