1. U.S. Code
  2. title 42
  3. chapter 138
  4. § 14405

Collapse to view only § 14405. Restriction on use of other Federal funds

§ 14401. 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 killing have been criminal offenses throughout the United States and, under current law, it would be unlawful to provide services in support of such illegal 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
(Pub. L. 105–12, § 2, Apr. 30, 1997, 111 Stat. 23.)

CITE AS: 42 USC 14401

§ 14402. 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 purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing;
(2) to pay (directly, through payment of Federal financial participation or other matching payment, or otherwise) for such an item or service, including payment of expenses relating to such an item or service; or
(3) to pay (in whole or in part) for health benefit 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 chapter (or in any amendment made by this chapter), shall be construed to apply to or to affect 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.
(c) Limitation on Federal facilities and employees
Subject to subsection (b), with respect to health care items and services furnished—
(1) by or in a health care facility owned or operated by the Federal government, or
(2) by any physician or other individual employed 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, euthanasia, or mercy killing.
(d) List of programs to which restrictions apply
(1) Federal health care funding programs
Subsection (a) applies to funds appropriated under or to carry out the following:
(A) Medicare program
(B) Medicaid program
(C) Title XX social services block grant
(D) Maternal and child health block grant program
(E) Public Health Service Act
(F) Indian Health Care Improvement Act
(G) Federal employees health benefits program
(H) Military health care system (including Tricare and CHAMPUS programs)
(I) Veterans medical care
(J) Health services for Peace Corps volunteers
(K) Medical services for Federal prisoners
(2) Federal facilities and personnel
The provisions of subsection (c) apply to facilities and personnel of the following:
(A) Military health care system
(B) Veterans medical care
(C) Public Health Service
(3) Nonexclusive list
(Pub. L. 105–12, § 3, Apr. 30, 1997, 111 Stat. 23.)

CITE AS: 42 USC 14402

§ 14403. Restriction on use of Federal funds under certain grant programs

Subject to section 14402(b) of this title (relating to construction and treatment of certain services), no funds appropriated by Congress to carry out subtitle B, D, or E of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15021

(Pub. L. 105–12, § 4, Apr. 30, 1997, 111 Stat. 25; Pub. L. 106–402, title IV, § 401(b)(15)(A), Oct. 30, 2000, 114 Stat. 1740.)

CITE AS: 42 USC 14403

§ 14404. Restriction on use of Federal funds by advocacy programs
(a) In general
Subject to section 14402(b) of this title (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, program, or service furnished for the purpose of causing, or the purpose of assisting in causing, the suicide, euthanasia, or mercy killing of any individual;
(2) compelling any person, institution, governmental entity 1
1 So in original. Probably should be “or governmental 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, euthanasia, 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 following:
(A) Protection and advocacy systems under the Developmental Disabilities Assistance and Bill of Rights Act of 2000
(B) Protection and advocacy systems under the Protection and Advocacy for Mentally Ill Individuals Act
(C) Protection and advocacy systems under the Rehabilitation Act of 1973
(D) Ombudsman programs under the Older Americans Act of 1965
(E) Legal assistance
(2) Nonexclusive list
(Pub. L. 105–12, § 5, Apr. 30, 1997, 111 Stat. 25; Pub. L. 106–402, title IV, § 401(b)(15)(B), Oct. 30, 2000, 114 Stat. 1740.)

CITE AS: 42 USC 14404

§ 14405. Restriction on use of other Federal funds
(a) In general
(b) Nonduplication
(Pub. L. 105–12, § 6, Apr. 30, 1997, 111 Stat. 25.)

CITE AS: 42 USC 14405

§ 14406. Clarification with respect to advance directives
Subject to section 14402(b) of this title (relating to construction and treatment of certain services), sections 1395cc(f) and 1396a(w) of this title shall not be construed—
(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 purpose of causing, or the purpose of assisting in causing, the death of the individual, such as by assisted suicide, euthanasia, or mercy killing; or
(2) to apply to or to affect any requirement with respect to a portion of an advance directive that directs the purposeful causing of, or the purposeful assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.
(Pub. L. 105–12, § 7, Apr. 30, 1997, 111 Stat. 26.)

CITE AS: 42 USC 14406

§ 14407. Application to District of Columbia

For purposes of this chapter, the term “funds appropriated by Congress” includes funds appropriated to the District of Columbia pursuant to an authorization of appropriations under title V of the District of Columbia Home Rule Act and the term “Federal government” includes the government of the District of Columbia.

(Pub. L. 105–12, § 8, Apr. 30, 1997, 111 Stat. 26; Pub. L. 105–33, title XI, § 11717(b), Aug. 5, 1997, 111 Stat. 786.)

CITE AS: 42 USC 14407

§ 14408. Relation to other laws

The provisions of this chapter supersede other Federal laws (including laws enacted after April 30, 1997) except to the extent such laws specifically supersede the provisions of this chapter.

(Pub. L. 105–12, § 10, Apr. 30, 1997, 111 Stat. 29.)

CITE AS: 42 USC 14408