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29 U.S.C. § 796d — Protection and advocacy of individual rights
Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose and construction**
(1) **Purpose** — The purpose of this section is to support a system in each State to protect the legal and human rights of individuals with disabilities who—
(A) need services that are beyond the scope of services authorized to be provided by the client assistance program under [section 732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section732&num=0&edition=prelim); and
(B)
(i) are ineligible for protection and advocacy programs under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [[42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.] because the individuals do not have a developmental disability, as defined in section 102 of such Act [[42 U.S.C. 15002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim)]; and
(ii) are ineligible for services under the Protection and Advocacy for Mentally Ill Individuals Act of 1986 11 See References in Text note below. ([42 U.S.C. 10801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10801&num=0&edition=prelim) et seq.) because the individuals are not individuals with mental illness, as defined in section 102 of such Act ([42 U.S.C. 10802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10802&num=0&edition=prelim)).
(2) **Construction** — This section shall not be construed to require the provision of protection and advocacy services that can be provided under the Assistive Technology Act of 1998 [[29 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3001&num=0&edition=prelim) et seq.
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Source file: Laws/federal/codes/united-states-code/title-29/section-796d-protection-and-advocacy-of-individual-rights--41c62052ff.md
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Source location: Title 29, Chapter 16, § 796d; chapter-016-vocational-rehabilitation-and-other-rehabilitation-services.md
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**(a) Purpose and construction**
(1) **Purpose** — The purpose of this section is to support a system in each State to protect the legal and human rights of individuals with disabilities who—
(A) need services that are beyond the scope of services authorized to be provided by the client assistance program under [section 732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section732&num=0&edition=prelim); and
(B)
(i) are ineligible for protection and advocacy programs under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [[42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.] because the individuals do not have a developmental disability, as defined in section 102 of such Act [[42 U.S.C. 15002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim)]; and
(ii) are ineligible for services under the Protection and Advocacy for Mentally Ill Individuals Act of 1986 11 See References in Text note below. ([42 U.S.C. 10801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10801&num=0&edition=prelim) et seq.) because the individuals are not individuals with mental illness, as defined in section 102 of such Act ([42 U.S.C. 10802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10802&num=0&edition=prelim)).
(2) **Construction** — This section shall not be construed to require the provision of protection and advocacy services that can be provided under the Assistive Technology Act of 1998 [[29 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3001&num=0&edition=prelim) et seq.].
**(b) Appropriations less than $5,500,000** For any fiscal year in which the amount appropriated to carry out this section is less than $5,500,000, the Commissioner may make grants from such amount to eligible systems within States to plan for, develop outreach strategies for, and carry out protection and advocacy programs authorized under this section for individuals with disabilities who meet the requirements of subparagraphs (A) and (B) of subsection (a)(1).
**(c) Appropriations of $5,500,000 or more**
(1) **Reservations**
(A) *Technical assistance* — For any fiscal year in which the amount appropriated to carry out this section equals or exceeds $5,500,000, the Commissioner shall set aside not less than 1.8 percent and not more than 2.2 percent of the amount to provide a grant, contract, or cooperative agreement for training and technical assistance to the systems established under this section.
(B) *Grant for the eligible system serving the American Indian consortium* — For any fiscal year in which the amount appropriated to carry out this section equals or exceeds $10,500,000, the Commissioner shall reserve a portion, and use the portion to make a grant for the eligible system serving the American Indian consortium. The Commission shall make the grant in an amount of not less than $50,000 for the fiscal year.
(2) **Allotments** — For any such fiscal year, after the reservations required by paragraph (1) have been made, the Commissioner shall make allotments from the remainder of such amount in accordance with paragraph (3) to eligible systems within States to enable such systems to carry out protection and advocacy programs authorized under this section for individuals referred to in subsection (b).
(3) **Systems within States**
(A) *Population basis* — Except as provided in subparagraph (B), from such remainder for each such fiscal year, the Commissioner shall make an allotment to the eligible system within a State of an amount bearing the same ratio to such remainder as the population of the State bears to the population of all States.
(B) *Minimums* — Subject to the availability of appropriations to carry out this section, and except as provided in paragraph (4), the allotment to any system under subparagraph (A) shall be not less than $100,000 or ⅓ of 1 percent of the remainder for the fiscal year for which the allotment is made, whichever is greater, and the allotment to any system under this section for any fiscal year that is less than $100,000 or ⅓ of 1 percent of such remainder shall be increased to the greater of the two amounts.
(4) **Systems within other jurisdictions**
(A) *In general* — For the purposes of paragraph (3)(B), Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall not be considered to be States.
(B) *Allotment* — The eligible system within a jurisdiction described in subparagraph (A) shall be allotted under paragraph (3)(A) not less than $50,000 for the fiscal year for which the allotment is made.
(5) **Adjustment for inflation** — For any fiscal year, beginning in fiscal year 1999, in which the total amount appropriated to carry out this section exceeds the total amount appropriated to carry out this section for the preceding fiscal year, the Commissioner shall increase each of the minimum grants or allotments under paragraphs (1)(B), (3)(B), and (4)(B) by a percentage that shall not exceed the percentage increase in the total amount appropriated to carry out this section between the preceding fiscal year and the fiscal year involved.
**(d) Proportional reduction** To provide minimum allotments to systems within States (as increased under subsection (c)(5)) under subsection (c)(3)(B), or to provide minimum allotments to systems within States (as increased under subsection (c)(5)) under subsection (c)(4)(B), the Commissioner shall proportionately reduce the allotments of the remaining systems within States under subsection (c)(3), with such adjustments as may be necessary to prevent the allotment of any such remaining system within a State from being reduced to less than the minimum allotment for a system within a State (as increased under subsection (c)(5)) under subsection (c)(3)(B), or the minimum allotment for a State (as increased under subsection (c)(5)) under subsection (c)(4)(B), as appropriate.
**(e) Reallotment** Whenever the Commissioner determines that any amount of an allotment to a system within a State for any fiscal year described in subsection (c)(1) will not be expended by such system in carrying out the provisions of this section, the Commissioner shall make such amount available for carrying out the provisions of this section to one or more of the systems that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a system for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the system (as determined under the preceding provisions of this section) for such year.
**(f) Application** In order to receive assistance under this section, an eligible system shall submit an application to the Commissioner, at such time, in such form and manner, and containing such information and assurances as the Commissioner determines necessary to meet the requirements of this section, including assurances that the eligible system will—
(1) have in effect a system to protect and advocate the rights of individuals with disabilities;
(2) have the same general authorities, including the authority to access records and program income, as are set forth in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [[42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.];
(3) have the authority to pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of such individuals within the State or the American Indian consortium who are individuals described in subsection (a)(1);
(4) provide information on and make referrals to programs and services addressing the needs of individuals with disabilities in the State or the American Indian consortium;
(5) develop a statement of objectives and priorities on an annual basis, and provide to the public, including individuals with disabilities and, as appropriate, the individuals’ representatives, an opportunity to comment on the objectives and priorities established by, and activities of, the system including—
(A) the objectives and priorities for the activities of the system for each year and the rationale for the establishment of such objectives and priorities; and
(B) the coordination of programs provided through the system under this section with the advocacy programs of the client assistance program under [section 732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section732&num=0&edition=prelim), the State long-term care ombudsman program established under the Older Americans Act of 1965 ([42 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3001&num=0&edition=prelim) et seq.), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [[42 U.S.C. 15001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15001&num=0&edition=prelim) et seq.], and the Protection and Advocacy for Mentally Ill Individuals Act of 1986 1 ([42 U.S.C. 10801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10801&num=0&edition=prelim) et seq.);
(6) establish a grievance procedure for clients or prospective clients of the system to ensure that individuals with disabilities are afforded equal opportunity to access the services of the system; and
(7) provide assurances to the Commissioner that funds made available under this section will be used to supplement and not supplant the non-Federal funds that would otherwise be made available for the purpose for which Federal funds are provided.
**(g) Carryover and direct payment**
(1) **Direct payment** — Notwithstanding any other provision of law, the Commissioner shall pay directly to any system that complies with the provisions of this section, the amount of the allotment of the State or the grant for the eligible system that serves the American Indian consortium involved under this section, unless the State or American Indian consortium provides otherwise.
(2) **Carryover** — Any amount paid to an eligible system that serves a State or American Indian consortium for a fiscal year that remains unobligated at the end of such year shall remain available to such system that serves the State or American Indian consortium for obligation during the next fiscal year for the purposes for which such amount was paid.
**(h) Limitation on disclosure requirements** For purposes of any audit, report, or evaluation of the performance of the program established under this section, the Commissioner shall not require such a program to disclose the identity of, or any other personally identifiable information related to, any individual requesting assistance under such program.
**(i) Administrative cost** In any State in which an eligible system is located within a State agency, a State may use a portion of any allotment under subsection (c) for the cost of the administration of the system required by this section. Such portion may not exceed 5 percent of the allotment.
**(j) Delegation** The Commissioner may delegate the administration of this program to the Commissioner of the Administration on Developmental Disabilities within the Department of Health and Human Services.
**(k) Report** The Commissioner shall annually prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report describing the types of services and activities being undertaken by programs funded under this section, the total number of individuals served under this section, the types of disabilities represented by such individuals, and the types of issues being addressed on behalf of such individuals.
**(l) Authorization of appropriations** There are authorized to be appropriated to carry out this section $17,650,000 for fiscal year 2015, $19,013,000 for fiscal year 2016, $19,408,000 for fiscal year 2017, $19,838,000 for fiscal year 2018, $20,305,000 for fiscal year 2019, and $20,735,000 for fiscal year 2020.
**(m) Definitions** As used in this section:
(1) **Eligible system** — The term “eligible system” means a protection and advocacy system that is established under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [[42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.] and that meets the requirements of subsection (f).
(2) **American Indian consortium** — The term “American Indian consortium” means a consortium established as described in section 142 1 of the Developmental Disabilities Assistance and Bill of Rights Act ([42 U.S.C. 6042](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6042&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter:
(1) The term “abuse” means any act or failure to act by an employee of a facility rendering care or treatment which was performed, or which was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury or death to a 11 So in original. Probably should be “an”. individual with mental illness, and includes acts such as—
(A) the rape or sexual assault of a 1 individual with mental illness;
(B) the striking of a 1 individual with mental illness;
(C) the use of excessive force when placing a 1 individual with mental illness in bodily restraints; and
(D) the use of bodily or chemical restraints on a 1 individual with mental illness which is not in compliance with Federal and State laws and regulations.
(2) The term “eligible system” means the system established in a State to protect and advocate the rights of persons with developmental disabilities under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [[42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.].
(3) The term “facilities” may include, but need not be limited to, hospitals, nursing homes, community facilities for individuals with mental illness, board and care homes, homeless shelters, and jails and prisons.
(4) The term “individual with mental illness” means, except as provided in [section 10804(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10804/d&num=0&edition=prelim), an individual—
(A) who has a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the State; and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10802
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Federal law — U.S. Code and appendices · legal_authorities
In the performance of its functions the Commission is authorized to—
**(a) Establishment of advisory boards** establish advisory boards to advise with and make recommendations to the Commission on legislation, policies, administration, research, and other matters, provided that the Commission issues regulations setting forth the scope, procedure, and limitations of the authority of each such board;
**(b) Standards governing use and possession of material** establish by rule, regulation, or order, such standards and instructions to govern the possession and use of special nuclear material, source material, and byproduct material as the Commission may deem necessary or desirable to promote the common defense and security or to protect health or to minimize danger to life or property; in addition, the Commission shall prescribe such regulations or orders as may be necessary or desirable to promote the Nation’s common defense and security with regard to control, ownership, or possession of any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235;
**(c) Studies and investigations** make such studies and investigations, obtain such information, and hold such meetings or hearings as the Commission may deem necessary or proper to assist it in exercising any authority provided in this chapter, or in the administration or enforcement of this chapter, or any regulations or orders issued thereunder. For such purposes the Commission is authorized to administer oaths and affirmations, and by subpena to require any person to appear and testify, or to appear and produce documents, or both, at any designated place. Witnesses subpenaed under this subsecti
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this part is to provide for allotments to support a protection and advocacy system (referred to in this part as a “system”) in each State to protect the legal and human rights of individuals with developmental disabilities in accordance with this part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15041
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter are to—
(1) to 11 So in original. The word “to” probably should not appear. support State efforts to improve the provision of assistive technology to individuals with disabilities of all ages, including underrepresented populations, through comprehensive statewide programs of technology-related assistance that are designed to—
(A) increase the availability of, funding for, access to, provision of, and education about assistive technology devices and assistive technology services;
(B) increase the ability of individuals with disabilities to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work);
(C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities;
(D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services;
(E) increase and promote coordination among and between State and local agencies and private entities (such as managed care providers), that are involved in carrying out activities under this chapter;
(F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures that facilitate the availability or provision of assistive technology devices and assistive technology services; and
(G) increase awareness and knowl
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b) of this section, no funds appropriated under this chapter for any program or activity may be used for any purpose other than that for which the funds were specifically authorized.
**(b)** No more than 1 percent of funds appropriated for discretionary grants, contracts, or cooperative agreements authorized by this chapter may be used for the purpose of providing non-Federal panels of experts to review applications for such grants, contracts, or cooperative agreements.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 732
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) individuals with mental illness are vulnerable to abuse and serious injury;
(2) family members of individuals with mental illness play a crucial role in being advocates for the rights of individuals with mental illness where the individuals are minors, the individuals are legally competent and choose to involve the family members, and the individuals are legally incompetent and the legal guardians, conservators, or other legal representatives are members of the family;
(3) individuals with mental illness are subject to neglect, including lack of treatment, adequate nutrition, clothing, health care, and adequate discharge planning; and
(4) State systems for monitoring compliance with respect to the rights of individuals with mental illness vary widely and are frequently inadequate.
**(b)** The purposes of this chapter are—
(1) to ensure that the rights of individuals with mental illness are protected; and
(2) to assist States to establish and operate a protection and advocacy system for individuals with mental illness which will—
(A) protect and advocate the rights of such individuals through activities to ensure the enforcement of the Constitution and Federal and State statutes; and
(B) investigate incidents of abuse and neglect of individuals with mental illness if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress finds that—
(1) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream of United States society;
(2) in 1999, there were between 3,200,000 and 4,500,000 individuals with developmental disabilities in the United States, and recent studies indicate that individuals with developmental disabilities comprise between 1.2 and 1.65 percent of the United States population;
(3) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely;
(4) individuals with developmental disabilities often encounter discrimination in the provision of critical services, such as services in the areas of emphasis (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim));
(5) individuals with developmental disabilities are at greater risk than the general population of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights;
(6) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive technology, from generic and specialized service systems, and remain unserved or underserved;
(7) individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15001
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Federal law — U.S. Code and appendices · legal_authorities
The Congress hereby finds and declares that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our Nation are entitled to, and it is the joint and several duty and responsibility of the governments of the United States, of the several States and their political subdivisions, and of Indian tribes to assist our older people to secure equal opportunity to the full and free enjoyment of the following objectives:
(1) An adequate income in retirement in accordance with the American standard of living.
(2) The best possible physical and mental health (including access to person-centered, trauma-informed services as appropriate) which science can make available and without regard to economic status.
(3) Obtaining and maintaining suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford.
(4) Full restoration services for those who require institutional care, and a comprehensive array of community-based, long-term care services adequate to appropriately sustain older people in their communities and in their homes, including support to family members and other persons providing voluntary care to older individuals needing long-term care services.
(5) Opportunity for employment with no discriminatory personnel practices because of age.
(6) Retirement in health, honor, dignity—after years of contribution to the economy.
(7) Participating in and contributing to meaningful activity within the widest range of civic, cultural, education and training and recreational opportunities.
(8) Efficient community services, including access to low-cost transportation, which provide a choice in supported living ar
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **American Indian Consortium** — The term “American Indian Consortium” means any confederation of 2 or more recognized American Indian tribes, created through the official action of each participating tribe, that has a combined total resident population of 150,000 enrolled tribal members and a contiguous territory of Indian lands in 2 or more States.
(2) **Areas of emphasis** — The term “areas of emphasis” means the areas related to quality assurance activities, education activities and early intervention activities, child care-related activities, health-related activities, employment-related activities, housing-related activities, transportation-related activities, recreation-related activities, and other services available or offered to individuals in a community, including formal and informal community supports, that affect their quality of life.
(3) **Assistive technology device** — The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially, modified or customized, that is used to increase, maintain, or improve functional capabilities of individuals with developmental disabilities.
(4) **Assistive technology service** — The term “assistive technology service” means any service that directly assists an individual with a developmental disability in the selection, acquisition, or use of an assistive technology device. Such term includes—
(A) conducting an evaluation of the needs of an individual with a developmental disability, including a functional evaluation of the individual in the individual’s customary environment;
(B) purchasing, leasing, or otherwise providing for the acquisition of an assistive technology device by an individual with a developmental disability;
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15002
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Federal law — U.S. Code and appendices · legal_authorities
**(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** It is the principal purpose of this chapter 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14401
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