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Title 42 — The Public Health and Welfare

Chapter 138 — Assisted Suicide Funding Restriction

§ 14404. Restriction on use of Federal funds by advocacy programs

Statutory text

(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 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

Subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.].

(B)

Protection and advocacy systems under the Protection and Advocacy for Mentally Ill Individuals Act

The Protection and Advocacy for Mentally Ill Individuals Act of 1986 2 [42 U.S.C. 10801 et seq.].

(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 [42 U.S.C. 3001 et seq.].

(E)

Legal assistance

Legal assistance programs under the Legal Services Corporation Act [42 U.S.C. 2996 et seq.].

(2)

Nonexclusive list

Nothing in this subsection shall be construed as limiting the application of subsection (a) to the programs specified in paragraph (1).

Footnotes

  1. 1 So in original. Probably should be “or governmental entity”.
  2. 2 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Assisted Suicide Funding Restriction Act of 1997

    Pub. L. 105–12 § 5 · 111 Stat. 23

    Enacted · 42 U.S.C. § 14404

    Pub. L. 105–12, § 5, Apr. 30, 1997, 111 Stat. 25

    Source evidence

    Code source credit
    Pub. L. 105–12, § 5, Apr. 30, 1997, 111 Stat. 25

    Enacted provision · exact public law section
    SEC. 5. RESTRICTION ON USE OF FEDERAL FUNDS BY ADVOCACY 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, 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 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.— 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 Protection 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 subsection shall be construed as limiting the application of subsection (a) to the programs specified in paragraph (1).

  2. Developmental Disabilities Assistance and Bill of Rights Act of 2000

    Pub. L. 106–402 title IV § 401(b)(15)(B) · 114 Stat. 1677

    1. Added · 42 U.S.C. § 14404(b)(1)(A)

      Pub. L. 106–402 added subpar. (A)

    2. Struck · 42 U.S.C. § 14404(b)(1)(A)

      Pub. L. 106–402 struck out heading and text of former subpar. (A). Text read as follows: “Part C of the Developmental Disabilities Assistance and Bill of Rights Act.”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 106–402 added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “Part C of the Developmental Disabilities Assistance and Bill of Rights Act.”

    Enacted provision · exact public law section
    (B) Section 5(b)(1) of the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 14404(b)(1)) is amended by striking subparagraph (A) and inserting the following: “(A) Protection and advocacy systems under the developmental disabilities assistance and bill of rights act of 2000.— Subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000. ” .

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (b)(1)(A), is Pub. L. 106–402, , 114 Stat. 1677. Subtitle C of the Act probably means subtitle C of title I of the Act, which is classified generally to part C (§ 15041 et seq.) of subchapter I of chapter 144 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of this title and Tables.

The Protection and Advocacy for Mentally Ill Individuals Act of 1986, referred to in subsec. (b)(1)(B), was Pub. L. 99–319, , 100 Stat. 478. Pub. L. 99–319 was renamed the Protection and Advocacy for Individuals with Mental Illness Act by Pub. L. 106–310, div. B, title XXXII, § 3206(a), , 114 Stat. 1193, and is classified generally to chapter 114 (§ 10801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 10801 of this title and Tables.

The Older Americans Act of 1965, referred to in subsec. (b)(1)(D), is Pub. L. 89–73, , 79 Stat. 218, which is classified generally to chapter 35 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.

The Legal Services Corporation Act, referred to in subsec. (b)(1)(E), is title X of Pub. L. 88–452, as added by Pub. L. 93–355, § 2, , 88 Stat. 378, which is classified generally to subchapter X (§ 2996 et seq.) of chapter 34 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.

Amendments

2000—Subsec. (b)(1)(A). Pub. L. 106–402 added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “Part C of the Developmental Disabilities Assistance and Bill of Rights Act.”

Credits

1997–2000 · 2 acts
  1. 1997Pub. L. 105–12, § 5, , 111 Stat. 25
  2. 2000Pub. L. 106–402, title IV, § 401(b)(15)(B), , 114 Stat. 1740.
Show as published

(Pub. L. 105–12, § 5, , 111 Stat. 25; Pub. L. 106–402, title IV, § 401(b)(15)(B), , 114 Stat. 1740.)

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