I
105TH CONGRESS
1ST SESSION
H. R. 1003
To clarify Federal law with respect to restricting the use of Federal funds
in support of assisted suicide.
IN THE HOUSE OF REPRESENTATIVES
MARCH 11, 1997
Mr. HALL of Texas (for himself, Mr. BAKER, Mr. BARCIA, Mr. BARR of Geor-
gia, Mr. BARTLETT of Maryland, Mr. BARTON of Texas, Mr. BILIRAKIS,
Mr. BLILEY, Mr. BOEHNER, Mr. BONILLA, Mr. BRYANT, Mr. BUNNING,
Mr. BURR of North Carolina, Mr. BURTON of Indiana, Mr. CANADY of
Florida, Mr. CHABOT, Mrs. CHENOWETH, Mr. CHRISTENSEN, Mr. CLEM-
ENT, Mr. COBLE, Mr. COBURN, Mr. COLLINS, Mr. CONDIT, Mrs. CUBIN,
Mr. CUNNINGHAM, Mr. DEAL of Georgia, Mr. DELAY, Mr. DICKEY, Mr.
DOOLITTLE, Mr. DOYLE, Ms. DUNN, Mr. ENGLISH of Pennsylvania, Mr.
FORBES, Mr. GANSKE, Mr. GOODLATTE, Mr. GRAHAM, Mr. GREEN, Mr.
GUTKNECHT, Mr. HASTERT, Mr. HASTINGS
of Washington, Mr.
HAYWORTH, Mr. HERGER, Mr. HILLEARY, Mr. HOEKSTRA, Mr. HOLD-
EN, Mr. HOSTETTLER, Mr. HUNTER, Mr. HYDE, Mr. ISTOOK, Mr. SAM
JOHNSON of Texas, Mr. JONES, Mr. KASICH, Mrs. KELLY, Mr. KING,
Mr. KLINK, Mr. KNOLLENBERG, Mr. LARGENT, Mr. LATHAM, Mr. LEWIS
of Kentucky, Mr. LINDER, Mr. LIVINGSTON, Mr. MCHUGH, Mr. MAN-
TON, Mr. MANZULLO, Mr. MASCARA, Mr. MICA, Mr. NEY, Mr. NOR-
WOOD, Mr. NUSSLE, Mr. OBERSTAR, Mr. OXLEY, Mr. PACKARD, Mr.
PAPPAS, Mr. PARKER, Mr. PAUL, Mr. PAXON, Mr. PETRI, Mr. POSHARD,
Mr. QUINN, Mr. RAHALL, Mr. DAN SCHAEFER of Colorado, Mr. SCHIFF,
Mr. SENSENBRENNER, Mr. SHAYS, Mr. SHIMKUS, Mr. SKAGGS, Mr.
SKEEN, Mr. SKELTON, Mr. SMITH of New Jersey, Mrs. SMITH of Wash-
ington, Mr. SNOWBARGER, Mr. SOLOMON, Mr. SOUDER, Mr. STEARNS,
Mr. STENHOLM, Mr. STUMP, Mr. TALENT, Mr. TAUZIN, Mr. TAYLOR of
North Carolina, Mr. TIAHRT, Mr. WAMP, Mr. WATTS of Oklahoma, Mr.
WELDON of Florida, and Mr. WICKER) introduced the following bill;
which was referred to the Committee on Commerce, and in addition, for
a period ending not later than 30 calendar days after the Committee on
Commerce reports to the House, to the Committees on Ways and Means,
the Judiciary, Education and the Workforce, Government Reform and
Oversight, Resources, and International Relations, in each case for con-
sideration of such provisions as fall within the jurisdiction of the commit-
tee concerned
A BILL
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 Representa-
tives 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. 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 kill-
ing have been criminal offenses throughout the
United States and, under current law, it would be
unlawful to provide services in support of such ille-
gal 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 pur-
pose of assisting in causing, the death of any indi-
vidual, such as by assisted suicide, euthanasia, or
mercy killing;
(2) to pay (directly, through payment of Fed-
eral financial participation or other matching pay-
ment, or otherwise) for such an item or service, in-
cluding payment of expenses relating to such an
item or service; or
(3) to pay (in whole or in part) for health bene-
fit 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 create 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 dis-
comfort, 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 EM-
PLOYEES.—Subject to subsection (b), with respect to
health care items and services furnished—
(1) by or in a health care facility owned or op-
erated by the Federal government, or
(2) by any physician or other individual em-
ployed 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, eutha-
nasia, or mercy killing.
(d) LIST OF PROGRAMS TO WHICH RESTRICTIONS
APPLY.—
(1) FEDERAL
HEALTH
CARE
FUNDING
PRO-
GRAMS.—Subsection (a) applies to funds appro-
priated 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 BENE-
FITS PROGRAM.—Chapter 89 of title 5, United
States Code.
(H) MILITARY HEALTH CARE SYSTEM (IN-
CLUDING
TRICARE
AND
CHAMPUS
PRO-
GRAMS).—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, Unit-
ed 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 Vet-
erans Health Administration of the Department
of Veterans Affairs.
(C) PUBLIC HEALTH SERVICE.—The Pub-
lic Health Service.
(3) NONEXCLUSIVE LIST.—Nothing in this sub-
section shall be construed as limiting the application
of subsection (a) to the programs specified in para-
graph (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 DE-
VELOPMENTAL 
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 Developmen-
tal 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 pur-
pose 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 AD-
VOCACY 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, pro-
gram, or service furnished for the purpose of caus-
ing, or the purpose of assisting in causing, the sui-
cide, euthanasia, or mercy killing of any individual;
(2) compelling any person, institution, govern-
mental 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, eutha-
nasia, 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 follow-
ing:
(A) PROTECTION AND ADVOCACY SYSTEMS
UNDER THE DEVELOPMENTAL DISABILITIES AS-
SISTANCE 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 Protec-
tion 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 sub-
section shall be construed as limiting the application
of subsection (a) to the programs specified in para-
graph (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 sub-
section (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 DI-
RECTIVES.
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 con-
strued—
(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 pur-
pose of causing, or the purpose of assisting in caus-
ing, the death of the individual, such as by assisted
suicide, euthanasia, or mercy killing; or
(2) to create any requirement with respect to a
portion of an advance directive that directs the pur-
poseful causing of, or the purposeful assisting in
causing, the death of any individual, such as by as-
sisted suicide, euthanasia, or mercy killing.
SEC. 8. APPLICATION TO DISTRICT OF COLUMBIA.
For purposes of this Act, the term ‘‘funds appro-
priated by Congress’’ includes funds appropriated to the
District of Columbia pursuant to an authorization of ap-
propriations under title V of the District of Columbia Self-
(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 para-
graph (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 add-
ing 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 sui-
cide, 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 para-
graph (9) and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(10) in a manner inconsistent with the As-
sisted Suicide Funding Restriction Act of 1997.’’.
(d) MATERNAL AND CHILD HEALTH BLOCK GRANT
PROGRAM.—Section 501(a) of the Social Security Act (42
U.S.C. 701(a)) is amended by adding at the end the fol-
lowing:
‘‘Funds appropriated under this section may only be used
in a manner consistent with the Assisted Suicide Funding
Restriction Act of 1997.’’.
(e) PUBLIC HEALTH SERVICE ACT.—Title II of the
Public Health Service Act (42 U.S.C. 201 et seq.) is
amended by adding at the end thereof the following new
section:
‘‘SEC. 246. RESTRICTION ON USE OF FUNDS FOR ASSISTED
SUICIDE, EUTHANASIA, AND MERCY KILLING.
‘‘Appropriations for carrying out the purposes of this
Act shall not be used in a manner inconsistent with the
Assisted Suicide Funding Restriction Act of 1997.’’.
(f) INDIAN HEALTH CARE IMPROVEMENT ACT.—
Title II of the Indian Health Care Improvement Act (25
U.S.C. 1621 et seq.) is amended by adding at the end
the following new section:
‘‘LIMITATION ON USE OF FUNDS
‘‘SEC. 225. Amounts appropriated to carry out this
title may not be used in a manner inconsistent with the
Assisted Suicide Funding Restriction Act of 1997.’’.
(g) FEDERAL EMPLOYEES HEALTH BENEFIT PRO-
GRAM.—Section 8902 of title 5, United States Code, is
amended by adding at the end the following:
‘‘(o) A contract may not be made or a plan approved
which includes coverage for any benefit, item, or service
for which funds may not be used under the Assisted Sui-
cide Funding Restriction Act of 1997.’’.
(h) MILITARY HEALTH CARE PROGRAM.—Section
1073 of title 10, United States Code, is amended by add-
ing at the end the following: ‘‘This chapter shall be admin-
istered consistent with the Assisted Suicide Funding Re-
striction Act of 1997.’’.
(i) VETERANS’ MEDICAL CARE PROGRAM.—
(1) IN GENERAL.—Subchapter I of chapter 17
of title 38, United States Code, is amended by add-
ing at the end the following new section:
‘‘§ 1707. Restriction on use of funds for assisted sui-
cide, euthanasia, or mercy killing
‘‘Funds appropriated to carry out this chapter may
not be used for purposes that are inconsistent with the
Assisted Suicide Funding Restriction Act of 1997.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended
by inserting after the item relating to section 1706
the following new item:
‘‘1707. Restriction on use of funds for assisted suicide, euthanasia, or mercy
killing.’’.
(j) HEALTH CARE PROVIDED FOR PEACE CORPS
VOLUNTEERS.—Section 5(e) of the Peace Corps Act (22
U.S.C. 2504(e)) is amended by adding at the end the fol-
lowing: ‘‘Health care may not be provided under this sub-
section in a manner inconsistent with the Assisted Suicide
Funding Restriction Act of 1997.’’.
(k) MEDICAL
SERVICES
FOR
FEDERAL
PRIS-
ONERS.—Section 4005(a) of title 18, United States Code,
is amended by inserting ‘‘and to the extent consistent with
the Assisted Suicide Funding Restriction Act of 1997’’
after ‘‘Upon request of the Attorney General’’.
(l) DEVELOPMENTAL DISABILITIES
AND BILL
OF
RIGHTS ACT.—
(1) STATE PLANS REGARDING DEVELOPMENTAL
DISABILITIES
COUNCILS.—Section 122(c)(5)(A) of
the Developmental Disabilities Assistance and Bill of
Rights Act (42 U.S.C. 6022(c)(5)(A)) is amended—
(A) in clause (vi), by striking ‘‘and’’ after
the semicolon at the end;