105TH CONGRESS
1ST SESSION
H. R. 1003
AN ACT
To clarify Federal law with respect to restricting
the use of Federal funds in support of assisted
suicide.
105TH CONGRESS
1ST SESSION
H. R. 1003
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 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. 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 kill-
ing have been criminal offenses throughout the Unit-
ed States and, under current law, it would be unlaw-
ful to provide services in support of such illegal ac-
tivities.
(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 apply to or to affect any limita-
tion 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.