A bill to provide for the relief of the parents of Theresa Marie Schiavo.
Public Law 109-3 · S. 686 · 109th Congress · began in the Senate
Signed by George W. Bush (R) on Mar 21, 2005 · Law
Sponsor: Sen. Bill Frist (R-TN)
Cosponsors (2): Sen. Mel Martinez, Sen. Rick Santorum
Passage votesYeaNay
- HouseRecorded vote: 203 yea, 58 nay203–58
- SenateVoice vote
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Grants jurisdiction to the U.S. District Court for the Middle District of Florida to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo (Ms. Schiavo) for the alleged violation of any right of hers under the U.S. Constitution or laws relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.
Grants standing to any parent of Ms. Schiavo to bring a suit under this Act. Allows suit to be brought against any other person who: (1) was a party to State court proceedings relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain Ms. Schiavo's life; or (2) may act pursuant to a State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.
Declares that in such a suit the District Court shall determine de novo any claim of a violation of any right of Ms. Schiavo's within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. Directs the District Court to entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted.
Declares that, notwithstanding any other time limitation, any suit or claim under this Act shall be timely if filed within 30 days after its date of enactment.
Declares that nothing in this Act shall be construed to: (1) create substantive rights not otherwise secured by the Constitution and laws of the United States or of the several States; (2) confer additional jurisdiction on any court to consider any claim related to assisting suicide, or a State law regarding assisting suicide; or (3) constitute a precedent with respect to future legislation.
States that nothing in this Act shall affect the rights of any person under the Patient Self-Determination Act of 1990.
Declares the sense of Congress that the 109th Congress should consider policies regarding the status and legal rights of incapacitated individuals who are incapable of making decisions concerning the provision, withholding, or withdrawal of foods, fluid, or medical care.
Who voted for it
Every House member of the 109th Congress on the ideology compass. Highlighted: the 203 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.
203 yea58 nay174 present or did not vote
Democrats who voted yea(47)
Rep. James OberstarD-MN-8
Rep. José SerranoD-NY-16
Rep. Jesse JacksonD-IL-2
Rep. Chaka FattahD-PA-2
Rep. Robert BradyD-PA-1
Rep. Al GreenD-TX-9
Rep. Michael McNultyD-NY-21
Rep. Bart StupakD-MI-1
Rep. Elijah CummingsD-MD-7
Rep. Dale KildeeD-MI-5
Rep. Jerry CostelloD-IL-12
Rep. Brian BairdD-WA-3
Rep. Stephen LynchD-MA-9
Rep. Michael MichaudD-ME-2
Rep. Kendrick MeekD-FL-17
Rep. Joe BacaD-CA-43
Rep. Jim LangevinD-RI-2
Rep. Eliot EngelD-NY-17- Rep. Albert WynnD-MD-4
- Rep. Harold FordD-TN-9
Rep. Marion BerryD-AR-1
Rep. Bob EtheridgeD-NC-2
Rep. Brian HigginsD-NY-27
Rep. Daniel LipinskiD-IL-3
Rep. Paul KanjorskiD-PA-11
Rep. Alan MollohanD-WV-1
Rep. Mike RossD-AR-4
Rep. David ScottD-GA-13
Rep. John TannerD-TN-8
Rep. Vic SnyderD-AR-2
Rep. Earl PomeroyD-ND
Rep. Ben ChandlerD-KY-6
Rep. Tim HoldenD-PA-17
Rep. Stephanie Herseth SandlinD-SD
Rep. Ike SkeltonD-MO-4
Rep. Sanford BishopD-GA-2
Rep. Chet EdwardsD-TX-17
Rep. Mike McIntyreD-NC-7
Rep. Melissa BeanD-IL-8
Rep. Henry CuellarD-TX-28
Rep. Charles MelanconD-LA-3
Rep. Lincoln DavisD-TN-4
Rep. John BarrowD-GA-12
Rep. Jim MathesonD-UT-2
Rep. Jim MarshallD-GA-3
Rep. Dan BorenD-OK-2
Rep. Bud CramerD-AL-5
Republicans who voted yea(156)
- Rep. Jim LeachR-IA-2
Rep. Michael FitzpatrickR-PA-8
Rep. Chris SmithR-NJ-4
Rep. Timothy JohnsonR-IL-15
Rep. Todd PlattsR-PA-19- Rep. Curt WeldonR-PA-7
Rep. Frank LoBiondoR-NJ-2
Rep. John McHughR-NY-23
Rep. Walter JonesR-NC-3
Rep. Wayne GilchrestR-MD-1- Rep. Joe SchwarzR-MI-7
- Rep. Sue KellyR-NY-19
- Rep. Bob NeyR-OH-18
Rep. Jo Ann EmersonR-MO-8
Rep. Shelley CapitoR-WV-2
Rep. Fred UptonR-MI-6
Rep. Jim SaxtonR-NJ-3
Rep. Jon PorterR-NV-3
Rep. Rick RenziR-AZ-1
Rep. Thad McCotterR-MI-11
Rep. Mark KirkR-IL-10
Rep. Ray LaHoodR-IL-18
Rep. Jim WalshR-NY-25
Rep. Tim MurphyR-PA-18
Rep. Chip PickeringR-MS-3- Rep. Mark FoleyR-FL-16
Rep. Mike FergusonR-NJ-7
Rep. Randy KuhlR-NY-29
Rep. Ralph RegulaR-OH-16
Rep. Michael TurnerR-OH-3
Rep. Deborah PryceR-OH-15
Rep. Jim RamstadR-MN-3
Rep. Kenny HulshofR-MO-9
Rep. Jeff FortenberryR-NE-1
Rep. Tom DavisR-VA-11
Rep. Ileana Ros-LehtinenR-FL-18
Rep. Tom LathamR-IA-4
Rep. Lincoln Diaz-BalartR-FL-21
Rep. Mike SimpsonR-ID-2
Rep. Ed WhitfieldR-KY-1
Rep. Dave CampR-MI-4
Rep. Phil EnglishR-PA-3
Rep. John PetersonR-PA-5
Rep. Mike RogersR-AL-3
Rep. Vernon EhlersR-MI-3
Rep. Dave HobsonR-OH-7- Rep. Anne NorthupR-KY-3
Rep. Candice MillerR-MI-10- Rep. Don SherwoodR-PA-10
- Rep. Jim NussleR-IA-1
Rep. Judy BiggertR-IL-13
Rep. Jerry LewisR-CA-41- Rep. Paul GillmorR-OH-5
Rep. Ken CalvertR-CA-44
Rep. Denny RehbergR-MT
Rep. Ander CrenshawR-FL-4
Rep. Thelma DrakeR-VA-2
Rep. Rodney AlexanderR-LA-5
Rep. Virgil GoodeR-VA-5
Rep. Lamar SmithR-TX-21
Rep. Michael McCaulR-TX-10
Rep. Randy ForbesR-VA-4
Rep. Jo BonnerR-AL-1- Rep. Mark KennedyR-MN-6
Rep. Rob PortmanR-OH-2
Rep. Robert AderholtR-AL-4
Rep. Frank LucasR-OK-3
Rep. Mark SouderR-IN-3- Rep. Melissa HartR-PA-4
Rep. Geoff DavisR-KY-4
Rep. David DreierR-CA-26
Rep. Doc HastingsR-WA-4
Rep. Tom ColeR-OK-4
Rep. Robin HayesR-NC-8
Rep. Ralph HallR-TX-4
Rep. Adam PutnamR-FL-12
Rep. John BoehnerR-OH-8- Rep. Charles TaylorR-NC-11
Rep. Zach WampR-TN-3
Rep. John DoolittleR-CA-4- Rep. Michael BilirakisR-FL-9
Rep. Sam GravesR-MO-6
Rep. Charlie BassR-NH-2- Rep. Michael SodrelR-IN-9
Rep. Vito FossellaR-NY-13
Rep. Ron LewisR-KY-2
Rep. Pat TiberiR-OH-12
Rep. Roy BluntR-MO-7- Rep. Mark GreenR-WI-8
Rep. Bob GoodlatteR-VA-6
Rep. Spencer BachusR-AL-6
Rep. Michael BurgessR-TX-26
Rep. Mario Diaz-BalartR-FL-25
Rep. Dave WeldonR-FL-15- Rep. Jo Ann DavisR-VA-1
Rep. John CarterR-TX-31
Rep. Steve PearceR-NM-2- Rep. Richard BakerR-LA-6
- Rep. Bobby JindalR-LA-1
- Rep. Tom DeLayR-TX-22
- Rep. Bill JenkinsR-TN-1
Rep. Lee TerryR-NE-2
Rep. John KlineR-MN-2
Rep. Eric CantorR-VA-7- Rep. Katherine HarrisR-FL-13
Rep. Todd TiahrtR-KS-4
Rep. John CulbersonR-TX-7
Rep. Steve BuyerR-IN-4
Rep. Michael ConawayR-TX-11- Rep. Denny HastertR-IL-14
Rep. Donald ManzulloR-IL-16
Rep. Kenny MarchantR-TX-24
Rep. Jack KingstonR-GA-1- Rep. Jim RyunR-KS-2
Rep. Connie MackR-FL-14
Rep. Dan BurtonR-IN-5
Rep. Joe WilsonR-SC-2
Rep. Phil GingreyR-GA-11- Rep. Bob BeauprezR-CO-7
Rep. John SullivanR-OK-1
Rep. Mac ThornberryR-TX-13
Rep. Ted PoeR-TX-2
Rep. Chris CannonR-UT-3- Rep. Ernest IstookR-OK-5
Rep. Louie GohmertR-TX-1
Rep. Steve ChabotR-OH-1
Rep. Bob InglisR-SC-4
Rep. Roscoe BartlettR-MD-6- Rep. Christopher CoxR-CA-48
- Rep. J.D. HayworthR-AZ-5
Rep. Paul RyanR-WI-1- Rep. Chris ChocolaR-IN-2
Rep. Virginia FoxxR-NC-5
Rep. John LinderR-GA-7
Rep. Todd AkinR-MO-2
Rep. Marilyn MusgraveR-CO-4
Rep. Tom PriceR-GA-6
Rep. Randy NeugebauerR-TX-19
Rep. Joseph PittsR-PA-16
Rep. Jeff MillerR-FL-1
Rep. Sue MyrickR-NC-9
Rep. Marsha BlackburnR-TN-7- Rep. Joel HefleyR-CO-5
Rep. Patrick McHenryR-NC-10
Rep. Lynn WestmorelandR-GA-8
Rep. Tom FeeneyR-FL-24
Rep. J. Gresham BarrettR-SC-3
Rep. Steve KingR-IA-5
Rep. Jimmy DuncanR-TN-2
Rep. James SensenbrennerR-WI-5
Rep. Mike PenceR-IN-6
Rep. Scott GarrettR-NJ-5- Rep. Butch OtterR-ID-1
Rep. Jeb HensarlingR-TX-5
Rep. Tom TancredoR-CO-6
Rep. Trent FranksR-AZ-2
Data notes
The House’s recorded vote on the final version of the law (roll call 89 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.
Committees
The record shows no committee referral for this bill.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Related bills
7 bills the Library of Congress relates to this one.
H.R. 1151Related bill
Incapacitated Persons Legal Protection Act of 2005
H.R. 1332Related bill
Protection of Incapacitated Persons Act of 2005
H.R. 1334Related bill
Protection of Incapacitated Persons Act of 2005
H.R. 1452Identical bill
For the relief of the parents of Theresa Marie Schiavo.
H.Res. 182Procedurally-related
Providing for consideration of the bill (S. 686) for the relief of the parents of Theresa Marie Schiavo.
S. 539Related bill
Incapacitated Persons Legal Protection Act of 2005
S. 653Related bill
A bill for the relief of the family of Theresa Marie Schiavo.
Data notes
Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 15 actions.
- Mar 21, 2005Became lawBecame law · Became Public Law No: 109-3.
- Became lawBecame law · Signed by President.
- FloorFloor · Presented to President.
- FloorFloor · Rules Committee Resolution H. Res. 182 Reported to House. Rule provides for consideration of S. 686 with 10 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure wil…
- FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 203 - 58 (Roll no. 90).House roll call 90
- OtherOther · Cleared for White House.
- Mar 20, 2005FloorFloor · DEBATE - Pursuant to a previous special order, the House proceeded with 3 hours of debate on the motion to suspend the rules and pass S. 686.
- FloorFloor · Considered under suspension of the rules.
- FloorFloor · Mr. Sensenbrenner moved to suspend the rules and pass the bill.
- FloorFloor · Held at the desk.
- FloorFloor · Received in the House.
- FloorFloor · Message on Senate action sent to the House.
- FloorFloor · Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Voice Vote.
- IntroducedIntroduced · Introduced in Senate
Data notes
Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.
Amendments
No amendments to this bill are on record.
Data notes
Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.
Official record
The bill’s full text is on Congress.gov. Data through Oct 7, 2026.