II

104TH CONGRESS

2D SESSION S. 2108

To clarify Federal law with respect to assisted suicide, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 24 (legislative day, SEPTEMBER 20), 1996

Mr. DORGAN (for himself, Mr. ASHCROFT, Mr. BIDEN, Mr. BREAUX, Mr.

COATS, Mr. DEWINE, Mr. FAIRCLOTH, Mr. FORD, Mr. GRASSLEY, Mr.

HATFIELD, Mr. INHOFE, Mr. LOTT, Mr. MACK, Mr. MCCONNELL, Mr.

MURKOWSKI, Mr. PRESSLER, and Mr. THURMOND) introduced the following bill; which was read twice and referred to the Committee on Labor

and Human Resources

A BILL

To clarify Federal law with respect to assisted suicide, 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 ‘‘Assisted Suicide Fund5 ing Restriction Act of 1996’’.

6 SEC. 2. GENERAL PROHIBITION ON USE OF FEDERAL AS7 SISTANCE.

8 Notwithstanding any other provision of law, no funds

9 appropriated by the Congress shall be used to provide,
2

•S 2108 IS

1 procure, furnish, fund, or support, or to compel any indi2 vidual, institution, or government entity to provide, pro3 cure, furnish, fund, or support, any item, good, benefit,

4 program, or service, the purpose of which is to cause, or

5 to assist in causing, the suicide, euthanasia, or mercy kill6 ing of any individual.

7 SEC. 3. RULE OF CONSTRUCTION.

8 Nothing in this Act, or in an amendment made by

9 this Act, shall be construed to create any limitation relat10 ing to—

11 (1) the withholding or withdrawing of medical

12 treatment or medical care;

13 (2) the withholding or withdrawing of nutrition

14 or hydration;

15 (3) abortion; or

16 (4) the use of an item, good, benefit, or service

17 furnished for the purpose of alleviating pain or dis18 comfort, even if such use may increase the risk of

19 death, so long as such item, good, benefit, or service

20 is not also furnished for the purpose of causing, or

21 the purpose of assisting in causing, death, for any

22 reason.
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1 SEC. 4. AMENDMENTS TO ACTS REGARDING INDIVIDUALS

2 WITH DISABILITIES.

3 (a) AMENDMENTS TO DEVELOPMENTAL DISABIL4 ITIES ASSISTANCE AND BILL OF RIGHTS ACT.—

5 (1) STATE PLANS REGARDING DEVELOPMENTAL

6 DISABILITIES COUNCILS.—Section 122(c)(5)(A) of

7 the Developmental Disabilities Assistance and Bill of

8 Rights Act (42 U.S.C. 6022(c)(5)(A)) is amended—

9 (A) in clause (vi), by striking ‘‘and’’ after

10 the semicolon at the end;

11 (B) in clause (vii), by striking the period

12 at the end and inserting ‘‘; and’’; and

13 (C) by adding at the end the following

14 clause:

15 ‘‘(viii) such funds will not be used to

16 support any program or service that has a

17 purpose of assisting in procuring any item

18 or service the purpose of which is to cause,

19 or to assist in causing, the death of any in20 dividual, such as by assisted suicide, eutha21 nasia, or mercy killing.’’.

22 (2) LEGAL ACTIONS BY PROTECTION AND AD23 VOCACY SYSTEMS.—Section 142(h)(1) of the Devel24 opmental Disabilities Assistance and Bill of Rights

25 Act (42 U.S.C. 6042(h)(1)) is amended by inserting

26 before the period the following: ‘‘, except that no
4

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1 such system may use assistance provided under this

2 chapter to bring suit or provide any other form of

3 legal assistance for the purpose of—

4 ‘‘(A) securing or funding any item, benefit,

5 program, or service furnished for the purpose of

6 causing, or the purpose of assisting in causing,

7 the death of any individual, such as by assisted

8 suicide, euthanasia, or mercy killing;

9 ‘‘(B) compelling any individual, institution,

10 government, or governmental body to provide,

11 fund, or legalize any item, benefit, program, or

12 service for the purpose of causing, or the pur13 pose of assisting in causing, the death of any

14 individual, such as by assisted suicide, eutha15 nasia, or mercy killing; or

16 ‘‘(C) asserting or advocating a legal right

17 to cause, or to assist in causing, or to receive

18 assistance in causing, the death of any individ19 ual, such as by assisted suicide, euthanasia, or

20 mercy killing.’’.

21 (3) PROHIBITED ACTIVITIES REGARDING

22 GRANTS TO UNIVERSITY AFFILIATED PROGRAMS.—

23 Section 152(b)(5) of the Developmental Disabilities

24 Assistance and Bill of Rights Act (42 U.S.C.

25 6062(b)(5)) is amended by inserting before the pe-
5

•S 2108 IS

1 riod the following: ‘‘, or for any program or service

2 which has a purpose of assisting in procuring any

3 item, or service, the purpose of which is to cause, or

4 to assist in causing, the death of any individual,

5 such as by assisted suicide, euthanasia, or mercy

6 killing’’.

7 (4) REQUIREMENTS REGARDING GRANTS FOR

8 PROJECTS OF NATIONAL SIGNIFICANCE.—Section

9 162(c) of the Developmental Disabilities Assistance

10 and Bill of Rights Act (42 U.S.C. 6082(c)) is

11 amended—

12 (A) in paragraph (4), by striking ‘‘and’’

13 after the semicolon at the end;

14 (B) in paragraph (5), by striking the pe15 riod at the end and inserting ‘‘; and’’; and

16 (C) by adding at the end the following

17 paragraph:

18 ‘‘(6) the applicant provides assurances that the

19 grant will not be used to support or fund any pro20 gram or service which has a purpose of assisting in

21 the procuring of any item, benefit, or service fur22 nished for the purpose of causing, or the purpose of

23 assisting in causing, the death of any individual,

24 such as by assisted suicide, euthanasia, or mercy

25 killing.’’.
6

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1 (b) AMENDMENT TO PROTECTION AND ADVOCACY

2 FOR MENTALLY ILL INDIVIDUALS ACT OF 1986; SYSTEM

3 REQUIREMENTS.—Section 105(a) of the Protection and

4 Advocacy for Mentally Ill Individuals Act of 1986 (42

5 U.S.C. 10805(a)) is amended—

6 (1) in paragraph (8), by striking ‘‘and’’ at the

7 end thereof;

8 (2) in paragraph (9), by striking the period and

9 inserting ‘‘; and’’; and

10 (3) by adding at the end thereof the following

11 new paragraph:

12 ‘‘(10) not use allotments provided to a system

13 to assist in—

14 ‘‘(A) procuring or funding any item, bene15 fit, or service for the purpose of causing, or the

16 purpose of assisting in causing, the death of

17 any individual, such as by assisted suicide, eu18 thanasia, or mercy killing;

19 ‘‘(B) compelling any individual, institution,

20 government, or governmental body to provide

21 any item, benefit, or service for the purpose of

22 causing, or the purpose of assisting in causing,

23 the death of any individual, such as by assisted

24 suicide, euthanasia, or mercy killing; or
7

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1 ‘‘(C) asserting or advocating a legal right

2 to cause, or to assist in causing, or to receive

3 assistance in causing, the death of any individ4 ual, such as by assisted suicide, euthanasia, or

5 mercy killing.’’.

6 (c) AMENDMENT TO REHABILITATION ACT OF 1973;

7 REQUIREMENTS FOR ASSISTANCE FOR PROTECTION AND

8 ADVOCACY SYSTEMS.—Section 509(f) of the Rehabilita9 tion Act of 1973 (29 U.S.C. 794e(f)) is amended—

10 (1) in paragraph (6), by striking ‘‘and’’ after

11 the semicolon at the end;

12 (2) in paragraph (7), by striking the period at

13 the end and inserting ‘‘; and’’; and

14 (3) by adding at the end the following para15 graph:

16 ‘‘(8) not use allotments provided under this sec17 tion to support or fund any program or service

18 which has the purpose of assisting in—

19 ‘‘(A) procuring or funding any item, bene20 fit, or service for the purpose of causing, or the

21 purpose of assisting in causing, the death of

22 any individual, such as by assisted suicide, eu23 thanasia, or mercy killing;

24 ‘‘(B) compelling any individual, institution,

25 government, or governmental body to provide
8

•S 2108 IS

1 any item, benefit, or service for the purpose of

2 causing, or the purpose of assisting in causing,

3 the death of any individual, such as by assisted

4 suicide, euthanasia, or mercy killing; or

5 ‘‘(C) asserting or advocating a legal right

6 to cause, or to assist in causing, or to receive

7 assistance in causing, the death of any individ8 ual, such as by assisted suicide, euthanasia, or

9 mercy killing.’’.

10 SEC. 5. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.

11 Title II of the Public Health Service Act (42 U.S.C.

12 201 et seq.) is amended by adding at the end thereof the

13 following new section:

14 ‘‘SEC. 245. BAN ON USE OF FUNDS FOR ASSISTED SUICIDE

15 AND RELATED SERVICES.

16 ‘‘Appropriations for carrying out the purposes of this

17 Act shall not be used or made available to provide any

18 item, or service, furnished for the purpose of causing, or

19 the purpose of assisting in causing, the death of any indi20 vidual, such as by assisted suicide, euthanasia, or mercy

21 killing.’’.
9

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1 SEC. 6. PROHIBITION OF FEDERAL FINANCIAL PARTICIPA2 TION UNDER MEDICAID FOR ASSISTED SUI3 CIDE OR RELATED SERVICES.

4 (a) IN GENERAL.—Section 1903(i) of the Social Se5 curity Act (42 U.S.C. 1396b(i)) is amended—

6 (1) by striking ‘‘or’’ at the end of paragraph

7 (14);

8 (2) by striking the period at the end of para9 graph (15) and inserting ‘‘; or’’; and

10 (3) by inserting after paragraph (15) the fol11 lowing new paragraph:

12 ‘‘(16) with respect to any amount expended for

13 any item, or service, furnished for the purpose of

14 causing, or the purpose of assisting in causing, the

15 death of any individual, such as by assisted suicide,

16 euthanasia, or mercy killing.’’.

17 (b) TREATMENT OF ADVANCE DIRECTIVES.—Section

18 1902(w) of such Act (42 U.S.C. 1396a(w)) is amended

19 by adding at the end the following new paragraphs:

20 ‘‘(5) Nothing in this subsection shall be construed to

21 create any requirement with respect to a portion of an ad22 vance directive that directs the purposeful causing, or the

23 purposeful assisting in causing, of the death of any indi24 vidual, such as by assisted suicide, euthanasia, or mercy

25 killing.
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1 ‘‘(6) Nothing in this subsection shall be construed to

2 require any provider or organization, or any employee of

3 such a provider or organization, to inform or counsel any

4 individual regarding any right to obtain an item or service

5 furnished for the purpose of causing, or the purpose of

6 assisting in causing, the death of the individual, such as

7 by assisted suicide, euthanasia, or mercy killing.’’.

8 SEC. 7. RESTRICTING TREATMENT UNDER MEDICARE OF

9 ASSISTED SUICIDE OR RELATED SERVICES.

10 (a) PROHIBITION OF EXPENDITURES.—Section

11 1862(a) of the Social Security Act (42 U.S.C. 1395y(a))

12 is amended—

13 (1) by striking ‘‘or’’ at the end of paragraph

14 (14);

15 (2) by striking the period at the end of para16 graph (15) and inserting ‘‘; or’’; and

17 (3) by inserting after paragraph (15) the fol18 lowing new paragraph:

19 ‘‘(16) where such expenses are for any item, or

20 service, furnished for the purpose of causing, or the

21 purpose of assisting in causing, the death of any in22 dividual, such as by assisted suicide, euthanasia, or

23 mercy killing.’’.
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1 (b) TREATMENT OF ADVANCE DIRECTIVES.—Section

2 1866(f) of such Act (42 U.S.C. 1395cc(f)) is amended by

3 adding at the end the following new paragraphs:

4 ‘‘(4) Nothing in this subsection shall be construed to

5 create any requirement with respect to a portion of an ad6 vance directive that directs the purposeful causing, or the

7 purposeful assisting in causing, of the death of any indi8 vidual, such as by assisted suicide, euthanasia, or mercy

9 killing.

10 ‘‘(5) Nothing in this subsection shall be construed to

11 require any provider of services or prepaid or eligible orga12 nization, or any employee of such a provider or organiza13 tion, to inform or counsel any individual regarding any

14 right to obtain an item, or service, furnished for the pur15 pose of causing, or the purpose of assisting in causing,

16 the death of the individual, such as by assisted suicide,

17 euthanasia, or mercy killing.’’.

18 SEC. 8. AMENDMENT TO OLDER AMERICANS ACT.

19 Section 712 of the Older Americans Act of 1965 (42

20 U.S.C. 3058g) is amended by adding at the end thereof

21 the following new subsection:

22 ‘‘(k) ASSISTED SUICIDE.—No State or local ombuds23 man program, entity, or representative shall, with funds

24 allotted under this section, provide any assistance or serv25 ice to assist in—
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1 ‘‘(1) securing or funding any item, benefit, or

2 service for the purpose of causing, or the purpose of

3 assisting in causing, the death of any individual,

4 such as by assisted suicide, euthanasia, or mercy

5 killing;

6 ‘‘(2) compelling any individual, institution, gov7 ernment, or governmental body to provide any item,

8 benefit, or service for the purpose of causing, or the

9 purpose of assisting in causing, the death of any in10 dividual, such as by assisted suicide, euthanasia, or

11 mercy killing; or

12 ‘‘(3) asserting or advocating a legal right to

13 cause, or to assist in causing, or to receive assist14 ance in causing, the death of any individual, such as

15 by assisted suicide, euthanasia, or mercy killing.’’.

16 SEC. 9. PROHIBITION AGAINST USE OF BLOCK GRANTS TO

17 STATES FOR SOCIAL SERVICES TO PROVIDE

18 ITEMS OR SERVICES FOR THE PURPOSE OF

19 INTENTIONALLY CAUSING DEATH.

20 Section 2005(a) of the Social Security Act (42 U.S.C.

21 1397d(a)) is amended—

22 (1) by striking ‘‘or’’ at the end of paragraph

23 (8);

24 (2) by striking the period at the end of para25 graph (9) and inserting ‘‘; or’’; and
13

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1 (3) by adding at the end the following:

2 ‘‘(10) for the provision of any item, or service,

3 furnished for the purpose of causing, or the purpose

4 of assisting in causing, the death of any individual,

5 such as by assisted suicide, euthanasia, or mercy

6 killing.’’.

7 SEC. 10. INDIAN HEALTH CARE.

8 Section 201(b) of the Indian Health Care Improve9 ment Act (25 U.S.C. 1621(b)) is amended by adding at

10 the end the following:

11 ‘‘(3) Funds appropriated under the authority of this

12 section may not be used for the provision of any item or

13 service (including treatment or care) furnished for the

14 purpose of causing, or the purpose of assisting in causing,

15 the death of any individual, such as by assisted suicide,

16 euthanasia, or mercy killing.’’.

17 SEC. 11. MILITARY HEALTH CARE SYSTEM.

18 (a) MEMBERS AND FORMER MEMBERS.—Section

19 1074 of title 10, United States Code, is amended by add20 ing at the end the following:

21 ‘‘(d) Under joint regulations prescribed by the admin22 istering Secretaries, no one under the jurisdiction of the

23 administering Secretaries may furnish any item or service

24 (including any form of medical care) for the purpose of

25 causing, or the purpose of assisting in causing, the death
14

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1 of any individual, such as by assisted suicide, euthanasia,

2 or mercy killing.’’.

3 (b) PROHIBITED HEALTH CARE FOR DEPEND4 ENTS.—Section 1077(b) of title 10, United States Code,

5 is amended by adding at the end the following:

6 ‘‘(4) Items or services (including any form of

7 medical care) furnished for the purpose of causing,

8 or the purpose of assisting in causing, the death of

9 any individual, such as by assisted suicide, eutha10 nasia, or mercy killing.’’.

11 (c) PROHIBITED HEALTH CARE UNDER

12 CHAMPUS.—

13 (1) SPOUSES AND CHILDREN OF MEMBERS.—

14 Section 1079(a) of title 10, United States Code, is

15 amended—

16 (A) in paragraph (16), by striking ‘‘and’’

17 at the end thereof;

18 (B) in paragraph (17), by striking the pe19 riod and inserting ‘‘; and’’; and

20 (C) by adding at the end the following:

21 ‘‘(18) No contract for the provision of health22 related services entered into by the Secretary may

23 include coverage for any item or service (including

24 any form of medical care) furnished for the purpose

25 of causing, or the purpose of assisting in causing,
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1 the death of any individual, such as by assisted sui2 cide, euthanasia, or mercy killing.’’.

3 (2) OTHER COVERED BENEFICIARIES.—Section

4 1086(a) of title 10, United States Code, is amend5 ed—

6 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’ the first

7 place it appears; and

8 (B) by adding at the end the following:

9 ‘‘(2) No contract for the provision of health-related

10 services entered into by the Secretary may include cov11 erage for any item or service (including any form of medi12 cal care) furnished for the purpose of causing, or the pur13 pose of assisting in causing, the death of any individual,

14 such as by assisted suicide, euthanasia, or mercy killing.’’.

15 SEC. 12. FEDERAL EMPLOYEES HEALTH BENEFIT PLANS.

16 Section 8902 of title 5, United States Code, is

17 amended by adding at the end the following:

18 ‘‘(o) A contract may not be made or a plan approved

19 which includes coverage for any benefit, item, or service

20 that is furnished for the purpose of causing, or the pur21 pose of assisting in causing, the death of any individual,

22 such as by assisted suicide, euthanasia, or mercy killing.’’.
16

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1 SEC. 13. HEALTH CARE PROVIDED FOR PEACE CORPS VOL2 UNTEERS.

3 Section 5(e) of the Peace Corps Act (22 U.S.C.

4 2504(e)) is amended—

5 (1) by inserting ‘‘(1)(A)’’ after ‘‘(e)’’;

6 (2) by striking ‘‘Subject to such’’ and inserting

7 the following:

8 ‘‘(2) Subject to such’’; and

9 (3) by adding at the end of paragraph (1) (as

10 so designated by paragraph (1)), the following:

11 ‘‘(B) Health care provided under this subsection to

12 volunteers during their service to the Peace Corps shall

13 not include any item or service furnished for the purpose

14 of causing, or the purpose of assisting in causing, the

15 death of any individual, such as by assisted suicide, eutha16 nasia, or mercy killing.’’.

17 SEC. 14. MEDICAL SERVICES FOR FEDERAL PRISONERS.

18 Section 4005(a) of title 18, United States Code, is

19 amended—

20 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

21 (2) by adding at the end the following:

22 ‘‘(2) Services provided under this subsection shall not

23 include any item or service furnished for the purpose of

24 causing, or the purpose of assisting in causing, the death

25 of any individual, such as by assisted suicide, euthanasia,

26 or mercy killing.’’.
17

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1 SEC. 15. PROHIBITING USE OF ANNUAL FEDERAL PAYMENT

2 TO DISTRICT OF COLUMBIA FOR ASSISTED

3 SUICIDE OR RELATED SERVICES.

4 (a) IN GENERAL.—Title V of the District of Colum5 bia Self-Government and Governmental Reorganization

6 Act is amended by adding at the end the following new

7 section:

8 ‘‘BAN ON USE OF FUNDS FOR ASSISTED SUICIDE AND

9 RELATED SERVICES

10 ‘‘SEC. 504. None of the funds appropriated to the

11 District of Columbia pursuant to an authorization of ap12 propriations under this title may be used to furnish any

13 item, or service, for the purpose of causing, or the purpose

14 of assisting in causing, the death of any individual, such

15 as by assisted suicide, euthanasia, or mercy killing.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections

17 of the District of Columbia Self-Government and Govern18 mental Reorganization Act is amended by adding at the

19 end of the items relating to title V the following new item:

‘‘Sec. 504. Ban on use of funds for assisted suicide and related services.’’.

20 (c) EFFECTIVE DATE.—The amendments made by

21 this section shall apply to payments to the District of Co22 lumbia for fiscal years beginning with fiscal year 1997.

23 SEC. 16. LEGAL SERVICES.

24 Section 1007(b) of the Legal Services Corporation

25 Act (42 U.S.C. 2996f(b)) is amended—
18

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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (9);

3 (2) by striking the period at the end of para4 graph (10) and inserting ‘‘; and’’; and

5 (3) by adding after paragraph (10) the follow6 ing:

7 ‘‘(11) to provide legal assistance for the pur8 pose of—

9 ‘‘(A) securing or funding any item, benefit,

10 program, or service furnished for the purpose of

11 causing, or the purpose of assisting in causing,

12 the death of any individual, such as by assisted

13 suicide, euthanasia, or mercy killing;

14 ‘‘(B) compelling any individual, institution,

15 government, or governmental body to provide,

16 fund, or legalize any item, benefit, program, or

17 service for the purpose of causing, or the pur18 pose of assisting in causing, the death of any

19 individual, such as by assisted suicide, eutha20 nasia, or mercy killing; or

21 ‘‘(C) asserting or advocating a legal right

22 to cause, or to assist in causing, or to receive

23 assistance in causing, the death of any individ-
19

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1 ual, such as by assisted suicide, euthanasia, or

2 mercy killing.’’.

Æ