42 U.S.C. § 14401 — Findings and purpose

Page 8636 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14331 SUBCHAPTER III—MANAGEMENT OF BATTERIES CONTAINING MERCURY § 14331. Purpose The purpose of this subchapter is to phase out the use of batteries containing mercury. (Pub. L. 104–142, title II, § 202, May 13, 1996, 110 Stat. 1336.) § 14332. Limitations on sale of alkaline-man- ganese batteries containing mercury No person shall sell, offer for sale, or offer for promotional purposes any alkaline-manganese battery manufactured on or after May 13, 1996, with a mercury content that was intentionally introduced (as distinguished from mercury that may be incidentally present in other materials), except that the limitation on mercury content in alkaline-manganese button cells shall be 25 milligrams of mercury per button cell. (Pub. L. 104–142, title II, § 203, May 13, 1996, 110 Stat. 1336.) § 14333. Limitations on sale of zinc-carbon bat- teries containing mercury No person shall sell, offer for sale, or offer for promotional purposes any zinc-carbon battery manufactured on or after May 13, 1996, that con- tains mercury that was intentionally introduced as described in section 14332 of this title. (Pub. L. 104–142, title II, § 204, May 13, 1996, 110 Stat. 1336.) § 14334. Limitations on sale of button cell mer- curic-oxide batteries No person shall sell, offer for sale, or offer for promotional purposes any button cell mercuric- oxide battery for use in the United States on or after May 13, 1996. (Pub. L. 104–142, title II, § 205, May 13, 1996, 110 Stat. 1336.) § 14335. Limitations on sale of other mercuric- oxide batteries (a) Prohibition On or after May 13, 1996, no person shall sell, offer for sale, or offer for promotional purposes a mercuric-oxide battery for use in the United States unless the battery manufacturer, or the importer of such a battery— (1) identifies a collection site in the United States that has all required Federal, State, and local government approvals, to which per- sons may send used mercuric-oxide batteries for recycling or proper disposal; (2) informs each of its purchasers of mer- curic-oxide batteries of the collection site identified under paragraph (1); and (3) informs each of its purchasers of mer- curic-oxide batteries of a telephone number that the purchaser may call to get informa- tion about sending mercuric-oxide batteries for recycling or proper disposal. (b) Application of section This section does not apply to a sale or offer of a mercuric-oxide button cell battery. (Pub. L. 104–142, title II, § 206, May 13, 1996, 110 Stat. 1336.) § 14336. New product or use On petition of a person that proposes a new use for a battery technology described in this subchapter or the use of a battery described in this subchapter in a new product, the Adminis- trator may exempt from this subchapter the new use of the technology or the use of such a bat- tery in the new product on the condition, if ap- propriate, that there exist reasonable safeguards to ensure that the resulting battery or product without an easily removable battery will not be disposed of in an incinerator, composting facil- ity, or landfill (other than a facility regulated under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.)). (Pub. L. 104–142, title II, § 207, May 13, 1996, 110 Stat. 1336.) Editorial Notes REFERENCES IN TEXT The Solid Waste Disposal Act, referred to in text, is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Act is classified generally to subchapter III (§ 6921 et seq.) of chapter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. CHAPTER 138—ASSISTED SUICIDE FUNDING RESTRICTION Sec. 14401. Findings and purpose. 14402. Restriction on use of Federal funds under health care programs. 14403. Restriction on use of Federal funds under cer- tain grant programs. 14404. Restriction on use of Federal funds by advo- cacy programs. 14405. Restriction on use of other Federal funds. 14406. Clarification with respect to advance direc- tives. 14407. Application to District of Columbia. 14408. Relation to other laws. § 14401. Findings and purpose (a) Findings Congress finds the following: (1) The Federal Government provides finan- cial support for the provision of and payment for health care services, as well as for advo- cacy activities to protect the rights of individ- uals. (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 sup- port 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 finan- cial 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 ex- Page 8637 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14402 plicitly 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 kill- ing of any individual. (Pub. L. 105–12, § 2, Apr. 30, 1997, 111 Stat. 23.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 105–12, Apr. 30, 1997, 111 Stat. 23, known as the Assisted Suicide Fund- ing Restriction Act of 1997. For complete classification of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 105–12, § 11, Apr. 30, 1997, 111 Stat. 29, provided that: ‘‘(a) IN GENERAL.—The provisions of this Act [see Short Title note below] (and the amendments made by this Act) take effect upon its enactment [Apr. 30, 1997] and apply, subject to subsection (b), to Federal pay- ments made pursuant to obligations incurred after the date of the enactment of this Act for items and services provided on or after such date. ‘‘(b) APPLICATION TO CONTRACTS.—Such provisions shall apply with respect to contracts entered into, re- newed, or extended after the date of the enactment of this Act [Apr. 30, 1997] and shall also apply to a con- tract entered into before such date to the extent per- mitted under such contract.’’ SHORT TITLE Pub. L. 105–12, § 1(a), Apr. 30, 1997, 111 Stat. 23, pro- vided that: ‘‘This Act [enacting this chapter, section 238o of this title, section 1621x of Title 25, Indians, and section 1707 of Title 38, Veterans’ Benefits, amending sections 295, 701, 1395y, 1395cc, 1396a, 1396b, 1397d, 2996f, 6022, 6042, 6062, 6082, and 10805 of this title, section 8902 of Title 5, Government Organization and Employees, section 1073 of Title 10, Armed Forces, section 4005 of Title 18, Crimes and Criminal Procedure, section 2504 of Title 22, Foreign Relations and Intercourse, and section 794e of Title 29, Labor, and enacting provisions set out as notes under this section and section 295 of this title] may be cited as the ‘Assisted Suicide Funding Restric- tion Act of 1997’.’’ CONSTRUCTION OF CONFORMING AMENDMENTS Pub. L. 105–12, § 9(p), Apr. 30, 1997, 111 Stat. 29, pro- vided that: ‘‘The fact that a law is not amended under this section [enacting section 238o of this title, section 1621x of Title 25, Indians, and section 1707 of Title 38, Veterans’ Benefits, amending sections 701, 1395y, 1395cc, 1396a, 1396b, 1397d, 2996f, 6022, 6042, 6062, 6082, and 10805 of this title, section 8902 of Title 5, Government Organi- zation and Employees, section 1073 of Title 10, Armed Forces, section 4005 of Title 18, Crimes and Criminal Procedure, section 2504 of Title 22, Foreign Relations and Intercourse, and section 794e of Title 29, Labor] shall not be construed as indicating that the provisions of this Act [see Short Title note above] do not apply to such a law.’’ § 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 appro- priated 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, eu- thanasia, or mercy killing; (2) to pay (directly, through payment of Fed- eral financial participation or other matching payment, or otherwise) for such an item or service, including payment of expenses relat- ing 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 re- lating to such an item or service. (b) Construction and treatment of certain serv- ices Nothing in subsection (a), or in any other pro- vision 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 med- ical treatment or medical care; (2) the withholding or withdrawing of nutri- tion or hydration; (3) abortion; or (4) the use of an item, good, benefit, or serv- ice furnished for the purpose of alleviating pain or discomfort, even if such use may in- crease 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 employ- ees 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 em- ployed 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 assist- ing in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy kill- ing. (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 Title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.]. (B) Medicaid program Title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]. (C) Title XX social services block grant Title XX of the Social Security Act [42 U.S.C. 1397 et seq.]. (D) Maternal and child health block grant program Title V of the Social Security Act [42 U.S.C. 701 et seq.]. (E) Public Health Service Act The Public Health Service Act [42 U.S.C. 201 et seq.].