Home > 105th Congressional Public Laws > Pub.L. 105-120 Waiving certain enrollment requirements with respect to certain specified bills of the One Hundred Fifth Congress. <> ...

Pub.L. 105-120 Waiving certain enrollment requirements with respect to certain specified bills of the One Hundred Fifth Congress. <> ...


Google
 
Web GovRecords.org

<DOC>


  
  
  
  
  
  
Public Law 105-12
105th Congress

                                 An Act


 
 To clarify Federal law with respect to restricting the use of Federal 
  funds in support of assisted suicide. <<NOTE: Apr. 30, 1997 -  [H.R. 
                                1003]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America <<NOTE: Assisted Suicide Funding Restriction 
Act of 1997. 42 USC 14401 note.>>  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. <<NOTE: 42 USC 14401.>>  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 <<NOTE: 42 USC 14402.>>  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 <<NOTE: 42 USC 14403.>>  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 <<NOTE: 42 USC 14404.>>  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 <<NOTE: 42 USC 14405.>>  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 <<NOTE: 42 USC 14406.>>  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 <<NOTE: 42 USC 14407.>>  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 

Pages: 1 2 Next >>

Other Popular 105th Congressional Public Laws Documents:

1 Pub.L. 105-131 To designate the United States Post Office building located at 1919 West Bennett Street in Springfield, Missouri, as the ``John N. Griesemer Post Office Building''. <> ...
2 Pub.L. 105-66 Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1998, and for other purposes. <> ...
3 Pub.L. 105-148 To amend title 49, United States Code, to require the National ...
4 Pub.L. 105-127 To provide for the design, construction, furnishing and equipping of a Center for Performing Arts within the complex known as the New Mexico Hispanic Cultural Center and for other purposes. <> ...
5 Pub.L. 105-351 To authorize the Secretary of the Interior to convey certain facilities of the Minidoka project to the Burley Irrigation District, and for other <> purposes. ...
6 Pub.L. 105-48 To provide permanent authority for the administration of au pair programs. <> ...
7 Pub.L. 105-27 To amend the Federal Property and Administrative Services Act of 1949 to ...
8 Pub.L. 105-303 To encourage the development of a commercial space industry in the United States, and for other purposes. <> ...
9 Pub.L. 105-324 To amend the Federal Food, Drug, and Cosmetic Act to clarify the circumstances in which a substance is considered to be a pesticide chemical for purposes of such Act, and for other <> purposes. %%Filename:...
10 Pub.L. 105-18 Making emergency supplemental appropriations for recovery from natural disasters, and for overseas peacekeeping efforts, including those in Bosnia, for the fiscal year ending September 30, 1997, and for other purposes. <
11 Pub.L. 105-388 To extend certain programs under the Energy Policy and Conservation Act and the Energy Conservation and Production Act, and for other purposes. <> ...
12 Pub.L. 105-79 To provide for the conveyance of certain land in the Six Rivers National Forest in the State of California for the benefit of the Hoopa Valley Tribe. <> ...
13 Pub.L. 105-142 To make clarifications to the Pilot Records Improvement Act of 1996, and for other purposes. <> ...
14 Pub.L. 105-105 Granting the consent of Congress to the Alabama-Coosa-Tallapoosa River Basin Compact. <> ...
15 Pub.L. 105-355 To authorize the Automobile National Heritage Area in the State of Michigan, and for other purposes. <> ...
16 Pub.L. 105-16 To authorize the President to award a gold medal on behalf of the ...
17 Pub.L. 105-104 Granting the consent of Congress to the Apalachicola-Chattahoochee-Flint River Basin Compact. <> ...
18 Pub.L. 105-112 To provide a law enforcement exception to the prohibition on the advertising of certain electronic devices. <> ...
19 Pub.L. 105-193 To extend the deadline under the Federal Power Act for the construction of a hydroelectric project located in the State of Washington, and for other purposes. <> ...
20 Pub.L. 105-216 To require automatic cancellation and notice of cancellation rights with ...
21 Pub.L. 105-106 To provide for the acquisition of the Plains Railroad Depot at the Jimmy Carter National Historic Site. <> ...
22 Pub.L. 105-53 To provide for the authorization of appropriations in each fiscal year ...
23 Pub.L. 105-172 To amend title 18, United States Code, with respect to scanning receivers and similar devices. <> ...
24 Pub.L. 105-180 To amend Part L of the Omnibus Crime Control and Safe Streets Act of 1968. <> ...
25 Pub.L. 105-317 To provide for an exchange of lands located near Gustavus, Alaska, and for other purposes. <> ...
26 Pub.L. 105-217 To reauthorize the African Elephant Conservation Act. <> ...
27 Pub.L. 105-156 To amend the Morris K. Udall Scholarship and Excellence in National ...
28 Pub.L. 105-201 Approving the location of a Martin Luther King, Jr., Memorial in the Nation's Capital. <> ...
29 Pub.L. 105-284 To authorize the Government of India to establish a memorial to honor Mahatma Gandhi in the District of Columbia. <> ...
30 Pub.L. 105-103 To waive time limitations specified by law in order to allow the Medal of Honor to be awarded to Robert R. Ingram of Jacksonville, Florida, for acts of valor while a Navy Hospital Corpsman in the Republic of Vietnam during the Vietnam confl...


Other Documents:

105th Congressional Public Laws 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