S. 686

One Hundred Ninth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fourth day of January, two thousand and five

An Act

For the relief of the parents of Theresa Marie Schiavo.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. RELIEF OF THE PARENTS OF THERESA MARIE SCHIAVO.

The United States District Court for the Middle District of

Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo

for the alleged violation of any right of Theresa Marie Schiavo

under the Constitution or laws of the United States relating to

the withholding or withdrawal of food, fluids, or medical treatment

necessary to sustain her life.

SEC. 2. PROCEDURE.

Any parent of Theresa Marie Schiavo shall have standing to

bring a suit under this Act. The suit may be brought against

any other person who was a party to State court proceedings

relating to the withholding or withdrawal of food, fluids, or medical

treatment necessary to sustain the life of Theresa Marie Schiavo,

or who may act pursuant to a State court order authorizing or

directing the withholding or withdrawal of food, fluids, or medical

treatment necessary to sustain her life. In such a suit, the District

Court shall determine de novo any claim of a violation of any

right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of

whether such a claim has previously been raised, considered, or

decided in State court proceedings. The District Court shall entertain and determine the suit without any delay or abstention in

favor of State court proceedings, and regardless of whether remedies

available in the State courts have been exhausted.

SEC. 3. RELIEF.

After a determination of the merits of a suit brought under

this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa

Marie Schiavo under the Constitution and laws of the United States

relating to the withholding or withdrawal of food, fluids, or medical

treatment necessary to sustain her life.

SEC. 4. TIME FOR FILING.

Notwithstanding any other time limitation, any suit or claim

under this Act shall be timely if filed within 30 days after the

date of enactment of this Act.
S. 686—2

SEC. 5. NO CHANGE OF SUBSTANTIVE RIGHTS.

Nothing in this Act shall be construed to create substantive

rights not otherwise secured by the Constitution and laws of the

United States or of the several States.

SEC. 6. NO EFFECT ON ASSISTING SUICIDE.

Nothing in this Act shall be construed to confer additional

jurisdiction on any court to consider any claim related—

(1) to assisting suicide, or

(2) a State law regarding assisting suicide.

SEC. 7. NO PRECEDENT FOR FUTURE LEGISLATION.

Nothing in this Act shall constitute a precedent with respect

to future legislation, including the provision of private relief bills.

SEC. 8. NO AFFECT ON THE PATIENT SELF-DETERMINATION ACT OF

1990.

Nothing in this Act shall affect the rights of any person under

the Patient Self-Determination Act of 1990.

SEC. 9. SENSE OF THE CONGRESS.

It is the Sense of Congress that the 109th Congress should

consider policies regarding the status and legal rights of incapacitated individuals who are incapable of making decisions concerning

the provision, withholding, or withdrawal of foods, fluid, or medical

care.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.