42 U.S.C. § 14407 — Application to District of Columbia

Page 8639 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14407 2 See References in Text note below. (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 Assist- ance and Bill of Rights Act of 2000 Subtitle C of the Developmental Disabil- ities 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 Men- tally 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 con- strued as limiting the application of sub- section (a) to the programs specified in para- graph (1). (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.) 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, Oct. 30, 2000, 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 Indi- viduals Act of 1986, referred to in subsec. (b)(1)(B), was Pub. L. 99–319, May 23, 1986, 100 Stat. 478. Pub. L. 99–319 was renamed the Protection and Advocacy for Individ- uals with Mental Illness Act by Pub. L. 106–310, div. B, title XXXII, § 3206(a), Oct. 17, 2000, 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 sub- sec. (b)(1)(D), is Pub. L. 89–73, July 14, 1965, 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, July 25, 1974, 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.’’ § 14405. Restriction on use of other Federal funds (a) In general Subject to section 14402(b) of this title (relat- ing to construction and treatment of certain services) and subsection (b) of this section, no funds appropriated by the Congress shall be used to provide, procure, furnish, or fund any item, good, benefit, activity, or service, furnished or performed for the purpose of causing, or assist- ing in causing, the suicide, euthanasia, or mercy killing of any individual. (b) Nonduplication Subsection (a) shall not apply to funds to which section 14402, 14403, or 14404 of this title applies, except that subsection (a), rather than section 14402 of this title, shall apply to funds appropriated to carry out title 10 (other than chapter 55), title 18 (other than section 4005(a)), and chapter 37 of title 28. (Pub. L. 105–12, § 6, Apr. 30, 1997, 111 Stat. 25.) § 14406. Clarification with respect to advance di- rectives Subject to section 14402(b) of this title (relat- ing 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 organi- zation, to inform or counsel any individual re- garding 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, eu- thanasia, or mercy killing; or (2) to apply to or to affect any requirement with respect to a portion of an advance direc- tive 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.) § 14407. Application to District of Columbia For purposes of this chapter, the term ‘‘funds appropriated by Congress’’ includes funds appro- priated 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.) Page 8640 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14408 Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 105–12, Apr. 30, 1997, 111 Stat. 23, known as the Assisted Suicide Funding Re- striction Act of 1997, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 14401 of this title and Tables. The District of Columbia Home Rule Act, referred to in text, is Pub. L. 93–198, Dec. 24, 1973, 87 Stat. 774. Title V of the Act was classified to the District of Columbia Code prior to repeal by Pub. L. 105–33, title XI, § 11601, Aug. 5, 1997, 111 Stat. 777. AMENDMENTS 1997—Pub. L. 105–33 substituted ‘‘District of Columbia Home Rule Act’’ for ‘‘District of Columbia Self-Govern- ment and Governmental Reorganization Act’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective Oct. 1, 1997, except as otherwise provided in title XI of Pub. L. 105–33, see section 11721 of Pub. L. 105–33, set out as a note under section 4246 of Title 18, Crimes and Criminal Procedure. § 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 specifi- cally supersede the provisions of this chapter. (Pub. L. 105–12, § 10, Apr. 30, 1997, 111 Stat. 29.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 105–12, Apr. 30, 1997, 111 Stat. 23, known as the Assisted Suicide Funding Re- striction Act of 1997, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 14401 of this title and Tables. CHAPTER 139—VOLUNTEER PROTECTION Sec. 14501. Findings and purpose. 14502. Preemption and election of State nonapplica- bility. 14503. Limitation on liability for volunteers. 14504. Liability for noneconomic loss. 14505. Definitions. § 14501. Findings and purpose (a) Findings The Congress finds and declares that— (1) the willingness of volunteers to offer their services is deterred by the potential for liability actions against them; (2) as a result, many nonprofit public and private organizations and governmental enti- ties, including voluntary associations, social service agencies, educational institutions, and other civic programs, have been adversely af- fected by the withdrawal of volunteers from boards of directors and service in other capac- ities; (3) the contribution of these programs to their communities is thereby diminished, re- sulting in fewer and higher cost programs than would be obtainable if volunteers were partici- pating; (4) because Federal funds are expended on useful and cost-effective social service pro- grams, many of which are national in scope, depend heavily on volunteer participation, and represent some of the most successful public- private partnerships, protection of vol- unteerism through clarification and limita- tion of the personal liability risks assumed by the volunteer in connection with such partici- pation is an appropriate subject for Federal legislation; (5) services and goods provided by volunteers and nonprofit organizations would often other- wise be provided by private entities that oper- ate in interstate commerce; (6) due to high liability costs and unwar- ranted litigation costs, volunteers and non- profit organizations face higher costs in pur- chasing insurance, through interstate insur- ance markets, to cover their activities; and (7) clarifying and limiting the liability risk assumed by volunteers is an appropriate sub- ject for Federal legislation because— (A) of the national scope of the problems created by the legitimate fears of volunteers about frivolous, arbitrary, or capricious law- suits; (B) the citizens of the United States de- pend on, and the Federal Government ex- pends funds on, and provides tax exemptions and other consideration to, numerous social programs that depend on the services of vol- unteers; (C) it is in the interest of the Federal Gov- ernment to encourage the continued oper- ation of volunteer service organizations and contributions of volunteers because the Fed- eral Government lacks the capacity to carry out all of the services provided by such orga- nizations and volunteers; and (D)(i) liability reform for volunteers, will promote the free flow of goods and services, lessen burdens on interstate commerce and uphold constitutionally protected due proc- ess rights; and (ii) therefore, liability reform is an appro- priate use of the powers contained in article 1, section 8, clause 3 of the United States Constitution, and the fourteenth amend- ment to the United States Constitution. (b) Purpose The purpose of this chapter is to promote the interests of social service program beneficiaries and taxpayers and to sustain the availability of programs, nonprofit organizations, and govern- mental entities that depend on volunteer con- tributions by reforming the laws to provide cer- tain protections from liability abuses related to volunteers serving nonprofit organizations and governmental entities. (Pub. L. 105–19, § 2, June 18, 1997, 111 Stat. 218.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 105–19, § 7, June 18, 1997, 111 Stat. 223, provided that: