[Congressional Record Volume 143, Number 18 (Wednesday, February 12, 1997)]
[Senate]
[Pages S1323-S1324]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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              THE ASSISTED SUICIDE FUNDING RESTRICTION ACT

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                 DORGAN (AND ASHCROFT) AMENDMENT NO. 5

  (Ordered referred to the Committee on Finance.)
  Mr. DORGAN (for himself and Mr. Ashcroft) submitted an amendment 
intended to be proposed by them to the bill (S. 304) to clarify Federal 
law with respect to assisted suicide, and for other purposes; as 
follows:

       At the end of the bill, insert the following:

     SEC. __. 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.''.

[[Page S1324]]

       (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. __. 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. 246. 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. __. 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. __. LEGAL SERVICES.

       Section 1007(b) of the Legal Services Corporation Act (42 
     U.S.C. 2996f(b)) is amended--
       (1) by striking ``or'' at the end of paragraph (9);
       (2) by striking the period at the end of paragraph (10) and 
     inserting ``; or''; 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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