[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2108 Introduced in Senate (IS)]







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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Assisted Suicide Funding Restriction 
Act of 1996''.

SEC. 2. GENERAL PROHIBITION ON USE OF FEDERAL ASSISTANCE.

    Notwithstanding any other provision of law, no funds appropriated 
by the Congress shall be used to provide, procure, furnish, fund, or 
support, or to compel any individual, institution, or government entity 
to provide, procure, furnish, fund, or support, any item, good, 
benefit, program, or service, the purpose of which is to cause, or to 
assist in causing, the suicide, euthanasia, or mercy killing of any 
individual.

SEC. 3. RULE OF CONSTRUCTION.

    Nothing in this Act, or in an 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 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.

SEC. 4. AMENDMENTS TO ACTS REGARDING INDIVIDUALS WITH DISABILITIES.

    (a) Amendments to Developmental Disabilities Assistance 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;
                    (B) in clause (vii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following clause:
                            ``(viii) such funds will not be used to 
                        support any program or service that has a 
                        purpose of assisting in procuring any item or 
                        service the purpose of which is to cause, or to 
                        assist in causing, the death of any individual, 
                        such as by assisted suicide, euthanasia, or 
                        mercy killing.''.
            (2) Legal actions by protection and advocacy systems.--
        Section 142(h)(1) of the Developmental Disabilities Assistance 
        and Bill of Rights Act (42 U.S.C. 6042(h)(1)) is amended by 
        inserting before the period the following: ``, except that no 
        such system may use assistance provided under this chapter to 
        bring suit or provide any other form of legal assistance for 
        the purpose of--
                    ``(A) securing or funding any item, benefit, 
                program, 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;
                    ``(B) compelling any individual, institution, 
                government, or governmental body to provide, fund, or 
                legalize any item, benefit, program, or service 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; or
                    ``(C) asserting or advocating a legal right to 
                cause, or to assist in causing, or to receive 
                assistance in causing, the death of any individual, 
                such as by assisted suicide, euthanasia, or mercy 
                killing.''.
            (3) Prohibited activities regarding grants to university 
        affiliated programs.--Section 152(b)(5) of the Developmental 
        Disabilities Assistance and Bill of Rights Act (42 U.S.C. 
        6062(b)(5)) is amended by inserting before the period the 
        following: ``, or for any program or service which has a 
        purpose of assisting in procuring any item, or service, the 
        purpose of which is to cause, or to assist in causing, the 
        death of any individual, such as by assisted suicide, 
        euthanasia, or mercy killing''.
            (4) Requirements regarding grants for projects of national 
        significance.--Section 162(c) of the Developmental Disabilities 
        Assistance and Bill of Rights Act (42 U.S.C. 6082(c)) is 
        amended--
                    (A) in paragraph (4), by striking ``and'' after the 
                semicolon at the end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following paragraph:
            ``(6) the applicant provides assurances that the grant will 
        not be used to support or fund any program or service which has 
        a purpose of assisting in the procuring of 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.''.
    (b) Amendment to Protection and Advocacy for Mentally Ill 
Individuals Act of 1986; System Requirements.--Section 105(a) of the 
Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 
U.S.C. 10805(a)) is amended--
            (1) in paragraph (8), by striking ``and'' at the end 
        thereof;
            (2) in paragraph (9), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end thereof the following new 
        paragraph:
            ``(10) not use allotments provided to a system to assist 
        in--
                    ``(A) procuring or funding any item, benefit, or 
                service 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;
                    ``(B) compelling any individual, institution, 
                government, or governmental body to provide any item, 
                benefit, or service 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; or
                    ``(C) asserting or advocating a legal right to 
                cause, or to assist in causing, or to receive 
                assistance in causing, the death of any individual, 
                such as by assisted suicide, euthanasia, or mercy 
                killing.''.
    (c) Amendment to Rehabilitation Act of 1973; Requirements for 
Assistance for Protection and Advocacy Systems.--Section 509(f) of the 
Rehabilitation Act of 1973 (29 U.S.C. 794e(f)) is amended--
            (1) in paragraph (6), by striking ``and'' after the 
        semicolon at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following paragraph:
            ``(8) not use allotments provided under this section to 
        support or fund any program or service which has the purpose of 
        assisting in--
                    ``(A) procuring or funding any item, benefit, or 
                service 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;
                    ``(B) compelling any individual, institution, 
                government, or governmental body to provide any item, 
                benefit, or service 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; 
or
                    ``(C) asserting or advocating a legal right to 
                cause, or to assist in causing, or to receive 
                assistance in causing, the death of any individual, 
                such as by assisted suicide, euthanasia, or mercy 
                killing.''.

SEC. 5. AMENDMENT TO 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. 245. BAN ON USE OF FUNDS FOR ASSISTED SUICIDE AND RELATED 
              SERVICES.

    ``Appropriations for carrying out the purposes of this Act shall 
not be used or made available to provide any item, 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. 6. PROHIBITION OF FEDERAL FINANCIAL PARTICIPATION UNDER MEDICAID 
              FOR ASSISTED SUICIDE OR RELATED SERVICES.

    (a) In General.--Section 1903(i) of the Social Security Act (42 
U.S.C. 1396b(i)) is amended--
            (1) by striking ``or'' at the end of paragraph (14);
            (2) by striking the period at the end of paragraph (15) and 
        inserting ``; or''; and
            (3) by inserting after paragraph (15) the following new 
        paragraph:
            ``(16) with respect to any amount expended for any item, 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.''.
    (b) Treatment of Advance Directives.--Section 1902(w) of such Act 
(42 U.S.C. 1396a(w)) is amended by adding at the end the following new 
paragraphs:
    ``(5) Nothing in this subsection shall be construed to create any 
requirement with respect to a portion of an advance directive that 
directs the purposeful causing, or the purposeful assisting in causing, 
of the death of any individual, such as by assisted suicide, 
euthanasia, or mercy killing.
    ``(6) Nothing in this subsection shall be construed 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.''.

SEC. 7. RESTRICTING TREATMENT UNDER MEDICARE OF ASSISTED SUICIDE OR 
              RELATED SERVICES.

    (a) Prohibition of Expenditures.--Section 1862(a) of the Social 
Security Act (42 U.S.C. 1395y(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (14);
            (2) by striking the period at the end of paragraph (15) and 
        inserting ``; or''; and
            (3) by inserting after paragraph (15) the following new 
        paragraph:
            ``(16) where such expenses are for any item, 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.''.
    (b) Treatment of Advance Directives.--Section 1866(f) of such Act 
(42 U.S.C. 1395cc(f)) is amended by adding at the end the following new 
paragraphs:
    ``(4) Nothing in this subsection shall be construed to create any 
requirement with respect to a portion of an advance directive that 
directs the purposeful causing, or the purposeful assisting in causing, 
of the death of any individual, such as by assisted suicide, 
euthanasia, or mercy killing.
    ``(5) Nothing in this subsection shall be construed to require any 
provider of services or prepaid or eligible 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.''.

SEC. 8. AMENDMENT TO OLDER AMERICANS ACT.

    Section 712 of the Older Americans Act of 1965 (42 U.S.C. 3058g) is 
amended by adding at the end thereof the following new subsection:
    ``(k) Assisted Suicide.--No State or local ombudsman program, 
entity, or representative shall, with funds allotted under this 
section, provide any assistance or service to assist in--
            ``(1) securing or funding any item, benefit, or service 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;
            ``(2) compelling any individual, institution, government, 
        or governmental body to provide any item, benefit, or service 
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; or
            ``(3) asserting or advocating a legal right to cause, or to 
        assist in causing, or to receive assistance in causing, the 
        death of any individual, such as by assisted suicide, 
        euthanasia, or mercy killing.''.

SEC. 9. PROHIBITION AGAINST USE OF BLOCK GRANTS TO STATES FOR SOCIAL 
              SERVICES TO PROVIDE ITEMS OR SERVICES FOR THE PURPOSE OF 
              INTENTIONALLY CAUSING DEATH.

    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 paragraph (9) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(10) for the provision of any item, 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. 10. INDIAN HEALTH CARE.

    Section 201(b) of the Indian Health Care Improvement Act (25 U.S.C. 
1621(b)) is amended by adding at the end the following:
    ``(3) Funds appropriated under the authority of this section may 
not be used for the provision of any item or service (including 
treatment or care) 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. 11. MILITARY HEALTH CARE SYSTEM.

    (a) Members and Former Members.--Section 1074 of title 10, United 
States Code, is amended by adding at the end the following:
    ``(d) Under joint regulations prescribed by the administering 
Secretaries, no one under the jurisdiction of the administering 
Secretaries may furnish any item or service (including any form of 
medical care) 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.''.
    (b) Prohibited Health Care for Dependents.--Section 1077(b) of 
title 10, United States Code, is amended by adding at the end the 
following:
            ``(4) Items or services (including any form of medical 
        care) 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.''.
    (c) Prohibited Health Care Under CHAMPUS.--
            (1) Spouses and children of members.--Section 1079(a) of 
        title 10, United States Code, is amended--
                    (A) in paragraph (16), by striking ``and'' at the 
                end thereof;
                    (B) in paragraph (17), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(18) No contract for the provision of health-related 
        services entered into by the Secretary may include coverage for 
        any item or service (including any form of medical care) 
        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.''.
            (2) Other covered beneficiaries.--Section 1086(a) of title 
        10, United States Code, is amended--
                    (A) by inserting ``(1)'' after ``(a)'' the first 
                place it appears; and
                    (B) by adding at the end the following:
    ``(2) No contract for the provision of health-related services 
entered into by the Secretary may include coverage for any item or 
service (including any form of medical care) 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. 12. FEDERAL EMPLOYEES HEALTH BENEFIT PLANS.

    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 that is 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. 13. HEALTH CARE PROVIDED FOR PEACE CORPS VOLUNTEERS.

    Section 5(e) of the Peace Corps Act (22 U.S.C. 2504(e)) is 
amended--
            (1) by inserting ``(1)(A)'' after ``(e)'';
            (2) by striking ``Subject to such'' and inserting the 
        following:
    ``(2) Subject to such''; and
            (3) by adding at the end of paragraph (1) (as so designated 
        by paragraph (1)), the following:
    ``(B) Health care provided under this subsection to volunteers 
during their service to the Peace Corps shall not include any item 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. 14. MEDICAL SERVICES FOR FEDERAL PRISONERS.

    Section 4005(a) of title 18, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(a)''; and
            (2) by adding at the end the following:
    ``(2) Services provided under this subsection shall not include any 
item 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. 15. PROHIBITING USE OF ANNUAL FEDERAL PAYMENT TO DISTRICT OF 
              COLUMBIA FOR ASSISTED SUICIDE OR RELATED SERVICES.

    (a) In General.--Title V of the District of Columbia Self-
Government and Governmental Reorganization Act is amended by adding at 
the end the following new section:

    ``ban on use of funds for assisted suicide and related services

    ``Sec. 504. None of the funds appropriated to the District of 
Columbia pursuant to an authorization of appropriations under this 
title may be used to furnish any item, or service, 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.''.
    (b) Clerical Amendment.--The table of sections of the District of 
Columbia Self-Government and Governmental Reorganization Act is amended 
by adding at the 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.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to payments to the District of Columbia for fiscal years 
beginning with fiscal year 1997.

SEC. 16. LEGAL SERVICES.

    Section 1007(b) of the Legal Services Corporation Act (42 U.S.C. 
2996f(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (9);
            (2) by striking the period at the end of paragraph (10) and 
        inserting ``; and''; and
            (3) by adding after paragraph (10) the following:
            ``(11) to provide legal assistance for the purpose of--
                    ``(A) securing or funding any item, benefit, 
                program, 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;
                    ``(B) compelling any individual, institution, 
                government, or governmental body to provide, fund, or 
                legalize any item, benefit, program, or service 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; or
                    ``(C) asserting or advocating a legal right to 
                cause, or to assist in causing, or to receive 
                assistance in causing, the death of any individual, 
                such as by assisted suicide, euthanasia, or mercy 
                killing.''.
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