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Retirement Home Trust Fund, $69,832,000, of which
$9,832,000 shall remain available until expended for con-
struction and renovation of the physical plants at the
United States Soldiers’ and Airmen’s Home and the United
States Naval Home: Provided, That, notwithstanding any
other provision of law, a single contract or related contracts
for development and construction, to include construction
of a long-term care facility at the United States Naval
Home, may be employed which collectively include the full
scope of the project: Provided further, That the solicitation
and contract shall contain the clause ‘‘availability of funds’’
found at 48 CFR 52.232–18 and 252.232–7007, Limitation
of Government Obligations. In addition, for completion of
the long-term care facility at the United States Naval
Home, $6,228,000 to become available on October 1, 2001,
and remain available until expended.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING
EXPENSES
For expenses necessary for the Corporation for Na-
tional and Community Service to carry out the provisions
of the Domestic Volunteer Service Act of 1973, as amended,
$302,504,000: Provided, That none of the funds made avail-
able to the Corporation for National and Community Serv-
ice in this Act for activities authorized by part E of title
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II of the Domestic Volunteer Service Act of 1973 shall be
used to provide stipends or other monetary incentives to vol-
unteers or volunteer leaders whose incomes exceed 125 per-
cent of the national poverty level.
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broad-
casting, as authorized by the Communications Act of 1934,
an amount which shall be available within limitations spec-
ified by that Act, for the fiscal year 2003, $365,000,000:
Provided, That no funds made available to the Corporation
for Public Broadcasting by this Act shall be used to pay
for receptions, parties, or similar forms of entertainment
for Government officials or employees: Provided further,
That none of the funds contained in this paragraph shall
be available or used to aid or support any program or activ-
ity from which any person is excluded, or is denied benefits,
or is discriminated against, on the basis of race, color, na-
tional origin, religion, or sex: Provided further, That in ad-
dition to the amounts provided above, $20,000,000, to re-
main available until expended, shall be for digitalization,
pending enactment of authorizing legislation.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and
Conciliation Service to carry out the functions vested in
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it by the Labor Management Relations Act, 1947 (29 U.S.C.
171–180, 182–183), including hire of passenger motor vehi-
cles; for expenses necessary for the Labor-Management Co-
operation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested
in it by the Civil Service Reform Act, Public Law 95–454
(5 U.S.C. ch. 71), $38,200,000, including $1,500,000, to re-
main available through September 30, 2002, for activities
authorized by the Labor-Management Cooperation Act of
1978 (29 U.S.C. 175a): Provided, That notwithstanding 31
U.S.C. 3302, fees charged, up to full-cost recovery, for spe-
cial training activities and other conflict resolution services
and technical assistance, including those provided to foreign
governments and international organizations, and for arbi-
tration services shall be credited to and merged with this
account, and shall remain available until expended: Pro-
vided further, That fees for arbitration services shall be
available only for education, training, and professional de-
velopment of the agency workforce: Provided further, That
the Director of the Service is authorized to accept and use
on behalf of the United States gifts of services and real, per-
sonal, or other property in the aid of any projects or func-
tions within the Director’s jurisdiction.
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FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety
and Health Review Commission (30 U.S.C. 801 et seq.),
$6,320,000.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
OFFICE OF LIBRARY SERVICES: GRANTS AND
ADMINISTRATION
For carrying out subtitle B of the Museum and Li-
brary Services Act, $168,000,000, to remain available until
expended.
MEDICARE PAYMENT ADVISORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of the
Social Security Act, $8,000,000, to be transferred to this
appropriation from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds.
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION
SCIENCE
SALARIES AND EXPENSES
For necessary expenses for the National Commission
on Libraries and Information Science, established by the
Act of July 20, 1970 (Public Law 91–345, as amended),
$1,495,000.
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NATIONAL COUNCIL ON DISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, as amended, $2,615,000.
NATIONAL EDUCATION GOALS PANEL
For expenses necessary for the National Education
Goals Panel, as authorized by title II, part A of the Goals
2000: Educate America Act, $2,350,000.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Rela-
tions Board to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, as amended (29
U.S.C. 141–167), and other laws, $216,438,000: Provided,
That no part of this appropriation shall be available to or-
ganize or assist in organizing agricultural laborers or used
in connection with investigations, hearings, directives, or
orders concerning bargaining units composed of agricul-
tural laborers as referred to in section 2(3) of the Act of
July 5, 1935 (29 U.S.C. 152), and as amended by the
Labor-Management Relations Act, 1947, as amended, and
as defined in section 3(f) of the Act of June 25, 1938 (29
U.S.C. 203), and including in said definition employees en-
gaged in the maintenance and operation of ditches, canals,
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reservoirs, and waterways when maintained or operated on
a mutual, nonprofit basis and at least 95 percent of the
water stored or supplied thereby is used for farming pur-
poses.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of
the Railway Labor Act, as amended (45 U.S.C. 151–188),
including emergency boards appointed by the President,
$10,400,000.
OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety
and Health Review Commission (29 U.S.C. 661),
$8,720,000.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement
Act of 1974, $160,000,000, which shall include amounts be-
coming available in fiscal year 2001 pursuant to section
224(c)(1)(B) of Public Law 98–76; and in addition, an
amount, not to exceed 2 percent of the amount provided
herein, shall be available proportional to the amount by
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which the product of recipients and the average benefit re-
ceived exceeds $160,000,000: Provided, That the total
amount provided herein shall be credited in 12 approxi-
mately equal amounts on the first day of each month in
the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT
ACCOUNTS
For payment to the accounts established in the Treas-
ury for the payment of benefits under the Railroad Retire-
ment Act for interest earned on unnegotiated checks,
$150,000, to remain available through September 30, 2002,
which shall be the maximum amount available for payment
pursuant to section 417 of Public Law 98–76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement
Board for administration of the Railroad Retirement Act
and 
the 
Railroad 
Unemployment 
Insurance 
Act,
$92,500,000, to be derived in such amounts as determined
by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insur-
ance administration fund.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector Gen-
eral for audit, investigatory and review activities, as au-
thorized by the Inspector General Act of 1978, as amended,
not more than $5,700,000, to be derived from the railroad
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retirement accounts and railroad unemployment insurance
account: Provided, That none of the funds made available
in any other paragraph of this Act may be transferred to
the Office; used to carry out any such transfer; used to pro-
vide any office space, equipment, office supplies, commu-
nications facilities or services, maintenance services, or ad-
ministrative services for the Office; used to pay any salary,
benefit, or award for any personnel of the Office; used to
pay any other operating expense of the Office; or used to
reimburse the Office for any service provided, or expense
incurred, by the Office.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors In-
surance and the Federal Disability Insurance trust funds,
as provided under sections 201(m), 228(g), and 1131(b)(2)
of the Social Security Act, $20,400,000.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety
and Health Act of 1977, $365,748,000, to remain available
until expended.
For making, after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Fed-
eral Mine Safety and Health Act of 1977, for costs incurred
in the current fiscal year, such amounts as may be nec-
essary.
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For making benefit payments under title IV of the Fed-
eral Mine Safety and Health Act of 1977 for the first quar-
ter of fiscal year 2002, $114,000,000, to remain available
until expended.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Secu-
rity Act, section 401 of Public Law 92–603, section 212
of Public Law 93–66, as amended, and section 405 of Public
Law 95–216, including payment to the Social Security
trust funds for administrative expenses incurred pursuant
to 
section 
201(g)(1) 
of 
the 
Social 
Security 
Act,
$23,053,000,000, to remain available until expended: Pro-
vided, That any portion of the funds provided to a State
in the current fiscal year and not obligated by the State
during that year shall be returned to the Treasury.
From funds provided under the previous paragraph,
not less than $100,000,000 shall be available for payment
to the Social Security trust funds for administrative ex-
penses for conducting continuing disability reviews.
In addition, $210,000,000, to remain available until
September 30, 2002, for payment to the Social Security
trust funds for administrative expenses for continuing dis-
ability reviews as authorized by section 103 of Public Law
104–121 and section 10203 of Public Law 105–33. The term
‘‘continuing disability reviews’’ means reviews and redeter-
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minations as defined under section 201(g)(1)(A) of the So-
cial Security Act, as amended.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the So-
cial Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the
Social Security Act for the first quarter of fiscal year 2002,
$10,470,000,000, to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two pas-
senger motor vehicles, and not to exceed $10,000 for official
reception and representation expenses, not more than
$6,469,800,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all
of the trust funds referred to therein: Provided, That not
less than $1,800,000 shall be for the Social Security Advi-
sory Board: Provided further, That unobligated balances at
the end of fiscal year 2001 not needed for fiscal year 2001
shall remain available until expended to invest in the So-
cial Security Administration information technology and
telecommunications hardware and software infrastructure,
including related equipment and non-payroll administra-
tive expenses
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From funds provided under the first paragraph, not
less than $200,000,000 shall be available for conducting
continuing disability reviews.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$450,000,000, to remain available until September 30,
2002, for continuing disability reviews as authorized by sec-
tion 103 of Public Law 104–121 and section 10203 of Pub-
lic Law 105–33. The term ‘‘continuing disability reviews’’
means reviews and redeterminations as defined under sec-
tion 201(g)(1)(A) of the Social Security Act, as amended.
In addition, $91,000,000 to be derived from adminis-
tration fees in excess of $5.00 per supplementary payment
collected pursuant to section 1616(d) of the Social Security
Act or section 212(b)(3) of Public Law 93–66, which shall
remain available until expended. To the extent that the
amounts collected pursuant to such section 1616(d) or
212(b)(3) in fiscal year 2001 exceed $91,000,000, the
amounts shall be available in fiscal year 2002 only to the
extent provided in advance in appropriations Acts.
From funds previously appropriated for this purpose,
any unobligated balances at the end of fiscal year 2000 shall
be available to continue Federal-State partnerships which
will evaluate means to promote Medicare buy-in programs
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targeted to elderly and disabled individuals under titles
XVIII and XIX of the Social Security Act.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $16,944,000, together with not to
exceed $52,500,000, to be transferred and expended as au-
thorized by section 201(g)(1) of the Social Security Act from
the Federal Old-Age and Survivors Insurance Trust Fund
and the Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the
total provided in this appropriation may be transferred
from the ‘‘Limitation on Administrative Expenses’’, Social
Security Administration, to be merged with this account,
to be available for the time and purposes for which this
account is available: Provided, That notice of such transfers
shall be transmitted promptly to the Committees on Appro-
priations of the House and Senate.
UNITED STATES INSTITUTE OF PEACE
OPERATING EXPENSES
For necessary expenses of the United States Institute
of Peace as authorized in the United States Institute of
Peace Act, $12,951,000.
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TITLE V—GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and
Human Services, and Education are authorized to transfer
unexpended balances of prior appropriations to accounts
corresponding to current appropriations provided in this
Act: Provided, That such transferred balances are used for
the same purpose, and for the same periods of time, for
which they were originally appropriated.
SEC. 502. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained
in this Act shall be used, other than for normal and recog-
nized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio, tele-
vision, or video presentation designed to support or defeat
legislation pending before the Congress or any State legisla-
ture, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this
Act shall be used to pay the salary or expenses of any grant
or contract recipient, or agent acting for such recipient, re-
lated to any activity designed to influence legislation or ap-
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propriations pending before the Congress or any State legis-
lature.
SEC. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $20,000 and
$15,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official re-
ception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation
expenses not to exceed $2,500 from the funds available for
‘‘Salaries and expenses, Federal Mediation and Concilia-
tion Service’’; and the Chairman of the National Mediation
Board is authorized to make available for official reception
and representation expenses not to exceed $2,500 from funds
available for ‘‘Salaries and expenses, National Mediation
Board’’.
SEC. 505. Notwithstanding any other provision of this
Act, no funds appropriated under this Act shall be used to
carry out any program of distributing sterile needles or sy-
ringes for the hypodermic injection of any illegal drug un-
less the Secretary of Health and Human Services deter-
mines that such programs are effective in preventing the
spread of HIV and do not encourage the use of illegal drugs.
SEC. 506. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of the Congress that,
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to the greatest extent practicable, all equipment and prod-
ucts purchased with funds made available in this Act should
be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any entity
using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall pro-
vide to such entity a notice describing the statement made
in subsection (a) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal agen-
cy that any person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with
the same meaning, to any product sold in or shipped to
the United States that is not made in the United States,
the person shall be ineligible to receive any contract or sub-
contract made with funds made available in this Act, pur-
suant to the debarment, suspension, and ineligibility proce-
dures described in sections 9.400 through 9.409 of title 48,
Code of Federal Regulations.
SEC. 507. When issuing statements, press releases, re-
quests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
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included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state: (1) the percentage of the total costs of
the program or project which will be financed with Federal
money; (2) the dollar amount of Federal funds for the
project or program; and (3) percentage and dollar amount
of the total costs of the project or program that will be fi-
nanced by non-governmental sources.
SEC. 508. (a) None of the funds appropriated under
this Act, and none of the funds in any trust fund to which
funds are appropriated under this Act, shall be expended
for any abortion.
(b) None of the funds appropriated under this Act, and
none of the funds in any trust fund to which funds are
appropriated under this Act, shall be expended for health
benefits coverage that includes coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the
package of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
SEC. 509. (a) The limitations established in the pre-
ceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of
rape or incest; or
(2) in the case where a woman suffers from a
physical disorder, physical injury, or physical illness,
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including a life-endangering physical condition
caused by or arising from the pregnancy itself, that
would, as certified by a physician, place the woman
in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed
as prohibiting the expenditure by a State, locality, entity,
or private person of State, local, or private funds (other
than a State’s or locality’s contribution of Medicaid match-
ing funds).
(c) Nothing in the preceding section shall be construed
as restricting the ability of any managed care provider
from offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State’s or locality’s
contribution of Medicaid matching funds).
SEC. 510. (a) None of the funds made available in this
Act may be used for—
(1) the creation of a human embryo or embryos
for research purposes; or
(2) research in which a human embryo or em-
bryos are destroyed, discarded, or knowingly subjected
to risk of injury or death greater than that allowed
for research on fetuses in utero under 45 CFR
46.208(a)(2) and section 498(b) of the Public Health
Service Act (42 U.S.C. 289g(b)).
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(b) For purposes of this section, the term ‘‘human em-
bryo or embryos’’ includes any organism, not protected as
a human subject under 45 CFR 46 as of the date of the
enactment of this Act, that is derived by fertilization, par-
thenogenesis, cloning, or any other means from one or more
human gametes or human diploid cells.
SEC. 511. (a) LIMITATION ON USE OF FUNDS FOR
PROMOTION
OF LEGALIZATION
OF CONTROLLED SUB-
STANCES.—None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of
the schedules of controlled substances established by section
202 of the Controlled Substances Act (21 U.S.C. 812).
(b) EXCEPTIONS.—The limitation in subsection (a)
shall not apply when there is significant medical evidence
of a therapeutic advantage to the use of such drug or other
substance or that federally sponsored clinical trials are
being conducted to determine therapeutic advantage.
SEC. 512. None of the funds made available in this
Act may be obligated or expended to enter into or renew
a contract with an entity if—
(1) such entity is otherwise a contractor with the
United States and is subject to the requirement in
section 4212(d) of title 38, United States Code, re-
garding submission of an annual report to the Sec-
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retary of Labor concerning employment of certain vet-
erans; and
(2) such entity has not submitted a report as re-
quired by that section for the most recent year for
which such requirement was applicable to such entity.
SEC. 513. Except as otherwise specifically provided by
law, unobligated balances remaining available at the end
of fiscal year 2000 from appropriations made available for
salaries and expenses for fiscal year 2000 in this Act, shall
remain available through December 31, 2001, for each such
account for the purposes authorized: Provided, That the
House and Senate Committees on Appropriations shall be
notified at least 15 days prior to the obligation of such
funds.
SEC. 514. None of the funds made available in this
Act may be used to promulgate or adopt any final standard
under section 1173(b) of the Social Security Act (42 U.S.C.
1320d–2(b)) providing for, or providing for the assignment
of, a unique health identifier for an individual (except in
an individual’s capacity as an employer or a health care
provider), until legislation is enacted specifically approving
the standard.
SEC. 515. Section 410(b) of The Ticket to Work and
Work Incentives Improvement Act of 1999 (Public Law
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106–170) is amended by striking ‘‘2009’’ both places it ap-
pears and inserting ‘‘2001’’.
SEC. 516. Amounts made available under this Act for
the administrative and related expenses for departmental
management for the Department of Labor, the Department
of Health and Human Services, and the Department of
Education shall be reduced on pro rata basis by
$50,000,000.
SEC. 517. (a) None of the funds appropriated under
this Act to carry out section 330 or title X of the Public
Health Service Act (42 U.S.C. 254b, 300 et seq.), title V
or XIX of the Social Security Act (42 U.S.C. 701 et seq.,
1396 et seq.), or any other provision of law, shall be used
for the distribution or provision of postcoital emergency
contraception, or the provision of a prescription for
postcoital emergency contraception, to an unemancipated
minor, on the premises or in the facilities of any elementary
school or secondary school.
(b) This section takes effect 1 day after the date of en-
actment of this Act.
(c) In this section:
(1) The terms ‘‘elementary school’’ and ‘‘sec-
ondary school’’ have the meanings given the terms in
section 14101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 8801).
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(2) The term ‘‘unemancipated minor’’ means an
unmarried individual who is 17 years of age or
younger and is a dependent, as defined in section
152(a) of the Internal Revenue Code of 1986.
SEC. 518. Title V of the Public Health Service Act (42
U.S.C. 290aa et seq.) is amended by adding at the end the
following:
‘‘PART G—REQUIREMENT RELATING TO THE
RIGHTS OF RESIDENTS OF CERTAIN FACILITIES
‘‘SEC. 581. REQUIREMENT RELATING TO THE RIGHTS OF
RESIDENTS OF CERTAIN FACILITIES.
‘‘(a) IN GENERAL.—A public or private general hos-
pital, nursing facility, intermediate care facility, residen-
tial treatment center, or other health care facility, that re-
ceives support in any form from any program supported
in whole or in part with funds appropriated to any Federal
department or agency shall protect and promote the rights
of each resident of the facility, including the right to be
free from physical or mental abuse, corporal punishment,
and any restraints or involuntary seclusions imposed for
purposes of discipline or convenience.
‘‘(b) REQUIREMENTS.—Restraints and seclusion may
only be imposed on a resident of a facility described in sub-
section (a) if—
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‘‘(1) the restraints or seclusion are imposed to
ensure the physical safety of the resident, a staff
member, or others; and
‘‘(2) the restraints or seclusion are imposed only
upon the written order of a physician, or other li-
censed independent practitioner permitted by the
State and the facility to order such restraint or seclu-
sion, that specifies the duration and circumstances
under which the restraints are to be used (except in
emergency circumstances specified by the Secretary
until such an order could reasonably be obtained).
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) 
RESTRAINTS.—The 
term 
‘restraints’
means—
‘‘(A) any physical restraint that is a me-
chanical or personal restriction that immobilizes
or reduces the ability of an individual to move
his or her arms, legs, or head freely, not includ-
ing devices, such as orthopedically prescribed de-
vices, surgical dressings or bandages, protective
helmets, or any other methods that involves the
physical holding of a resident for the purpose of
conducting routine physical examinations or
tests or to protect the resident from falling out
of bed or to permit the resident to participate in
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activities without the risk of physical harm to
the resident; and
‘‘(B) a drug or medication that is used as
a restraint to control behavior or restrict the
resident’s freedom of movement that is not a
standard treatment for the resident’s medical or
psychiatric condition.
‘‘(2) SECLUSION.—The term ‘seclusion’ means
any separation of the resident from the general popu-
lation of the facility that prevents the resident from
returning to such population if he or she desires.
‘‘SEC. 582. REPORTING REQUIREMENT.
‘‘(a) IN GENERAL.— Each facility to which the Protec-
tion and Advocacy for Mentally Ill Individuals Act of 1986
applies shall notify the appropriate agency, as determined
by the Secretary, of each death that occurs at each such
facility while a patient is restrained or in seclusion, of each
death occurring within 24 hours after the patient has been
removed from restraints and seclusion, or where it is rea-
sonable to assume that a patient’s death is a result of such
seclusion or restraint. A notification under this section shall
include the name of the resident and shall be provided not
later than 7 days after the date of the death of the indi-
vidual involved.
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‘‘(b) FACILITY.—In this section, the term ‘facility’ has
the meaning given the term ‘facilities’ in section 102(3) of
the Protection and Advocacy for Mentally Ill Individuals
Act of 1986 (42 U.S.C. 10802(3)).’’.
‘‘SEC. 583. REGULATIONS AND ENFORCEMENT.
‘‘(a) TRAINING.—Not later than 1 year after the date
of enactment of this part, the Secretary, after consultation
with appropriate State and local protection and advocacy
organizations, physicians, facilities, and other health care
professionals and patients, shall promulgate regulations
that require facilities to which the Protection and Advocacy
for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801
et seq.) applies, to meet the requirements of subsection (b).
‘‘(b) REQUIREMENTS.—The regulations promulgated
under subsection (a) shall require that—
‘‘(1) facilities described in subsection (a) ensure
that there is an adequate number of qualified profes-
sional and supportive staff to evaluate patients, for-
mulate written individualized, comprehensive treat-
ment plans, and to provide active treatment meas-
ures;
‘‘(2) appropriate training be provided for the
staff of such facilities in the use of restraints and any
alternatives to the use of restraints; and
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‘‘(3) such facilities provide complete and accu-
rate notification of deaths, as required under section
582(a).
‘‘(c) ENFORCEMENT.—A facility to which this part ap-
plies that fails to comply with any requirement of this part,
including a failure to provide appropriate training, shall
not be eligible for participation in any program supported
in whole or in part by funds appropriated to any Federal
department or agency.’’.
SEC. 519. It is the sense of the Senate that each entity
carrying out an Early Head Start program under the Head
Start Act should—
(1) determine whether a child eligible to partici-
pate in the Early Head Start program has received
a blood lead screening test, using a test that is appro-
priate for age and risk factors, upon the enrollment
of the child in the program; and
(2) in the case of an child who has not received
such a blood lead screening test, ensure that each en-
rolled child receives such a test either by referral or
by performing the test (under contract or otherwise).
SEC. 520. (a) Whereas sexual abuse in schools between
a student and a member of the school staff or a student
and another student is a cause for concern in America;
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(b) Whereas relatively few studies have been conducted
on sexual abuse in schools and the extent of this problem
is unknown;
(c) Whereas according to the Child Abuse and Neglect
Reporting Act, a school administrator is required to report
any allegation of sexual abuse to the appropriate authori-
ties;
(d) Whereas an individual who is falsely accused of
sexual misconduct with a student deserves appropriate legal
and professional protections;
(e) Whereas it is estimated that many cases of sexual
abuse in schools are not reported;
(f) Whereas many of the accused staff quietly resign
at their present school district and are then rehired at a
new district which has no knowledge of their alleged abuse;
(g) Therefore, it is the Sense of the Senate that the
Secretary of Education should initiate a study and make
recommendations to Congress and State and local govern-
ments on the issue of sexual abuse in schools.
TITLE VI—CHILDREN’S INTERNET PROTECTION
SEC. 601. SHORT TITLE. This title may be cited as
the ‘‘Childrens’ Internet Protection Act’’.
SEC. 602. REQUIREMENT FOR SCHOOLS AND LIBRAR-
IES TO IMPLEMENT FILTERING OR BLOCKING TECHNOLOGY
FOR COMPUTERS WITH INTERNET ACCESS AS CONDITION
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OF UNIVERSAL SERVICE DISCOUNTS. (a) SCHOOLS.—Sec-
tion 254(h) of the Communications Act of 1934 (47 U.S.C.
254(h)) is amended—
(1) by redesignating paragraph (5) as para-
graph (7); and
(2) by inserting after paragraph (4) the fol-
lowing new paragraph (5):
‘‘(5) REQUIREMENTS
FOR
CERTAIN
SCHOOLS
WITH COMPUTERS HAVING INTERNET ACCESS.—
‘‘(A) INTERNET FILTERING.—
‘‘(i) IN GENERAL.—Except as provided
in clause (ii), an elementary or secondary
school having computers with Internet ac-
cess may not receive services at discount
rates under paragraph (1)(B) unless the
school, school board, or other authority with
responsibility for administration of the
school—
‘‘(I) submits to the Commission a
certification described in subparagraph
(B); and
‘‘(II) ensures the use of such com-
puters in accordance with the certifi-
cation.
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‘‘(ii) APPLICABILITY.—The prohibition
in paragraph (1) shall not apply with re-
spect to a school that receives services at
discount rates under paragraph (1)(B) only
for purposes other than the provision of
Internet access, Internet service, or internal
connections.
‘‘(B) 
CERTIFICATION.—A 
certification
under this subparagraph is a certification that
the school, school board, or other authority with
responsibility for administration of the school—
‘‘(i) has selected a technology for its
computers with Internet access in order to
filter or block Internet access through such
computers to—
‘‘(I) material that is obscene; and
‘‘(II) child pornography; and
‘‘(ii) is enforcing a policy to ensure the
operation of the technology during any use
of such computers by minors.
‘‘(C) ADDITIONAL USE OF TECHNOLOGY.—A
school, school board, or other authority may also
use a technology covered by a certification under
subparagraph (B) to filter or block Internet ac-
cess through the computers concerned to any ma-
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terial in addition to the material specified in
that subparagraph that the school, school board,
or other authority determines to be inappro-
priate for minors.
‘‘(D) TIMING OF CERTIFICATIONS.—
‘‘(i) SCHOOLS
WITH
COMPUTERS
ON
EFFECTIVE DATE.—
‘‘(I) IN
GENERAL.—Subject to
subclause (II), in the case of any school
covered by this paragraph as of the ef-
fective date of this paragraph under
section 602(h) of the Childrens’ Inter-
net Protection Act, the certification
under subparagraph (B) shall be made
not later than 30 days after such effec-
tive date.
‘‘(II) DELAY.—A certification for
a school covered by subclause (I) may
be made at a date that is later than is
otherwise required by that subclause if
State or local procurement rules or reg-
ulations or competitive bidding re-
quirements prevent the making of the
certification on the date otherwise re-
quired by that subclause. A school,
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school board, or other authority with
responsibility for administration of the
school shall notify the Commission of
the applicability of this subclause to
the school. Such notice shall specify the
date on which the certification with re-
spect to the school shall be effective for
purposes of this clause.
‘‘(ii) SCHOOLS ACQUIRING COMPUTERS
AFTER
EFFECTIVE
DATE.—In the case of
any school that first becomes covered by this
paragraph after such effective date, the cer-
tification under subparagraph (B) shall be
made not later than 10 days after the date
on which the school first becomes so covered.
‘‘(iii) NO
REQUIREMENT
FOR
ADDI-
TIONAL CERTIFICATIONS.—A school that has
submitted a certification under subpara-
graph (B) shall not be required for purposes
of this paragraph to submit an additional
certification under that subparagraph with
respect to any computers having Internet
access that are acquired by the school after
the submittal of the certification.
‘‘(E) NONCOMPLIANCE.—
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‘‘(i) FAILURE
TO
SUBMIT
CERTIFI-
CATION.—Any school that knowingly fails to
submit a certification required by this
paragraph 
shall 
reimburse 
each 
tele-
communications carrier that provided such
school services at discount rates under para-
graph (1)(B) after the effective date of this
paragraph under section 602(h) of the Chil-
drens’ Internet Protection Act in an
amount equal to the amount of the discount
provided such school by such carrier for
such services during the period beginning
on such effective date and ending on the
date on which the provision of such services
at discount rates under paragraph (1)(B) is
determined to cease under subparagraph
(F).
‘‘(ii) FAILURE TO COMPLY WITH CER-
TIFICATION.—Any school that knowingly
fails to ensure the use of its computers in
accordance with a certification under sub-
paragraph (B) shall reimburse each tele-
communications carrier that provided such
school services at discount rates under para-
graph (1)(B) after the date of such certifi-
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cation in an amount equal to the amount of
the discount provided such school by such
carrier for such services during the period
beginning on the date of such certification
and ending on the date on which the provi-
sion of such services at discount rates under
paragraph (1)(B) is determined to cease
under subparagraph (F).
‘‘(iii) TREATMENT
OF
REIMBURSE-
MENT.—The receipt by a telecommuni-
cations carrier of any reimbursement under
this subparagraph shall not affect the car-
rier’s treatment of the discount on which
such reimbursement was based in accord-
ance with the third sentence of paragraph
(1)(B).
‘‘(F) CESSATION DATE.—
‘‘(i) DETERMINATION.—The Commis-
sion shall determine the date on which the
provision of services at discount rates under
paragraph (1)(B) shall cease under this
paragraph by reason of the failure of a
school to comply with the requirements of
this paragraph.
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‘‘(ii) NOTIFICATION.—The Commission
shall notify telecommunications carriers of
each school determined to have failed to
comply with the requirements of this para-
graph and of the period for which such
school shall be liable to make reimbursement
under subparagraph (E).
‘‘(G) RECOMMENCEMENT OF DISCOUNTS.—
‘‘(i) RECOMMENCEMENT.—Upon sub-
mittal to the Commission of a certification
under subparagraph (B) with respect to a
school to which clause (i) or (ii) of subpara-
graph (E) applies, the school shall be enti-
tled to services at discount rates under
paragraph (1)(B).
‘‘(ii) NOTIFICATION.—The Commission
shall notify the school and telecommuni-
cations carriers of the recommencement of
the school’s entitlement to services at dis-
count rates under this subparagraph and of
the date on which such recommencement be-
gins.
‘‘(iii) ADDITIONAL NONCOMPLIANCE.—
The provisions of subparagraphs (E) and
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(F) shall apply to any certification sub-
mitted under clause (i).
‘‘(H) PUBLIC AVAILABILITY OF POLICY.—A
school, school board, or other authority that en-
forces a policy under subparagraph (B)(ii) shall
take appropriate actions to ensure the ready
availability to the public of information on such
policy and on its policy, if any, relating to the
use of technology under subparagraph (C).
‘‘(I) LIMITATION ON FEDERAL ACTION.—
‘‘(i) IN GENERAL.—No agency or in-
strumentality of the United States Govern-
ment may—
‘‘(I) establish any criteria for
making a determination under sub-
paragraph (C);
‘‘(II) 
review 
a 
determination
made by a school, school board, or
other authority for purposes of a cer-
tification under subparagraph (B); or
‘‘(III) consider the criteria em-
ployed by a school, school board, or
other authority for purposes of deter-
mining the eligibility of a school for
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services at discount rates under para-
graph (1)(B).
‘‘(ii) ACTION
BY
COMMISSION.—The
Commission may not take any action
against a school, school board, or other au-
thority for a violation of a provision of this
paragraph if the school, school board, or
other authority, as the case may be, has
made a good faith effort to comply with
such provision.’’.
(b) LIBRARIES.—Such section 254(h) is further
amended by inserting after paragraph (5), as amended by
subsection (a) of this section, the following new paragraph:
‘‘(6) REQUIREMENTS
FOR
CERTAIN
LIBRARIES
WITH COMPUTERS HAVING INTERNET ACCESS.—
‘‘(A) INTERNET FILTERING.—
‘‘(i) IN GENERAL.—A library having
one or more computers with Internet access
may not receive services at discount rates
under 
paragraph 
(1)(B) 
unless 
the
library—
‘‘(I) submits to the Commission a
certification described in subparagraph
(B); and
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‘‘(II) ensures the use of such com-
puters in accordance with the certifi-
cation.
‘‘(ii) APPLICABILITY.—The prohibition
in paragraph (1) shall not apply with re-
spect to a library that receives services at
discount rates under paragraph (1)(B) only
for purposes other than the provision of
Internet access, Internet service, or internal
connections.
‘‘(B) CERTIFICATION.—
‘‘(i) ACCESS OF MINORS TO CERTAIN
MATERIAL.—A certification under this sub-
paragraph is a certification that the
library—
‘‘(I) has selected a technology for
its computer or computers with Inter-
net access in order to filter or block
Internet access through such computer
or computers to—
‘‘(aa) material that is ob-
scene;
‘‘(bb) child pornography; and
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‘‘(cc) any other material that
the library determines to be inap-
propriate for minors; and
‘‘(II) is enforcing a policy to en-
sure the operation of the technology
during any use of such computer or
computers by minors.
‘‘(ii) ACCESS TO CHILD PORNOGRAPHY
GENERALLY.—
‘‘(I) IN GENERAL.—A certification
under this subparagraph with respect
to a library is also a certification that
the library—
‘‘(aa) has selected a tech-
nology for its computer or com-
puters with Internet access in
order to filter or block Internet ac-
cess through such computer or
computers to child pornography;
and
‘‘(bb) is enforcing a policy to
ensure the operation of the tech-
nology during any use of such
computer or computers.
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‘‘(II) SCOPE.—For purposes of
identifying child pornography under
subclause (I), a library may utilize the
definition of that term in section
2256(8) of title 18, United States Code.
‘‘(III) RELATIONSHIP TO OTHER
CERTIFICATIONS.—The 
certification
under this clause is in addition to any
other certification applicable with re-
spect to a library under this subpara-
graph.
‘‘(C) ADDITIONAL USE OF TECHNOLOGY.—A
library may also use a technology covered by a
certification under subparagraph (B) to filter or
block Internet access through the computers con-
cerned to any material in addition to the mate-
rial specified in that subparagraph that the li-
brary determines to be inappropriate for minors.
‘‘(D) TIMING OF CERTIFICATIONS.—
‘‘(i) LIBRARIES WITH COMPUTERS ON
EFFECTIVE DATE.—
‘‘(I) IN GENERAL.—In the case of
any library covered by this paragraph
as of the effective date of this para-
graph under section 602(h) of the Chil-
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drens’ Internet Protection Act, the cer-
tifications under subparagraph (B)
shall be made not later than 30 days
after such effective date.
‘‘(II) DELAY.—The certifications
for a library covered by subclause (I)
may be made at a date than is later
than is otherwise required by that sub-
clause if State or local procurement
rules or regulations or competitive bid-
ding requirements prevent the making
of the certifications on the date other-
wise required by that subclause. A li-
brary shall notify the Commission of
the applicability of this subclause to
the library. Such notice shall specify
the date on which the certifications
with respect to the library shall be ef-
fective for purposes of this clause.
‘‘(ii) 
LIBRARIES
ACQUIRING
COM-
PUTERS AFTER EFFECTIVE DATE.—In the
case of any library that first becomes subject
to the certifications under subparagraph
(B) after such effective date, the certifi-
cations under that subparagraph shall be
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made not later than 10 days after the date
on which the library first becomes so sub-
ject.
‘‘(iii) NO
REQUIREMENT
FOR
ADDI-
TIONAL
CERTIFICATIONS.—A library that
has submitted the certifications under sub-
paragraph (B) shall not be required for
purposes of this paragraph to submit an ad-
ditional certifications under that subpara-
graph with respect to any computers having
Internet access that are acquired by the li-
brary after the submittal of such certifi-
cations.
‘‘(E) NONCOMPLIANCE.—
‘‘(i) FAILURE
TO
SUBMIT
CERTIFI-
CATION.—Any library that knowingly fails
to submit the certifications required by this
paragraph 
shall 
reimburse 
each 
tele-
communications carrier that provided such
library services at discount rates under
paragraph (1)(B) after the effective date of
this paragraph under section 602(h) of the
Childrens’ Internet Protection Act in an
amount equal to the amount of the discount
provided such library by such carrier for
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such services during the period beginning
on such effective date and ending on the
date on which the provision of such services
at discount rates under paragraph (1)(B) is
determined to cease under subparagraph
(F).
‘‘(ii) FAILURE TO COMPLY WITH CER-
TIFICATION.—Any library that knowingly
fails to ensure the use of its computers in
accordance with a certification under sub-
paragraph (B) shall reimburse each tele-
communications carrier that provided such
library services at discount rates under
paragraph (1)(B) after the date of such cer-
tification in an amount equal to the
amount of the discount provided such li-
brary by such carrier for such services dur-
ing the period beginning on the date of such
certification and ending on the date on
which the provision of such services at dis-
count rates under paragraph (1)(B) is de-
termined to cease under subparagraph (F).
‘‘(iii) TREATMENT
OF
REIMBURSE-
MENT.—The receipt by a telecommuni-
cations carrier of any reimbursement under
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this subparagraph shall not affect the car-
rier’s treatment of the discount on which
such reimbursement was based in accord-
ance with the third sentence of paragraph
(1)(B).
‘‘(F) CESSATION DATE.—
‘‘(i) DETERMINATION.—The Commis-
sion shall determine the date on which the
provision of services at discount rates under
paragraph (1)(B) shall cease under this
paragraph by reason of the failure of a li-
brary to comply with the requirements of
this paragraph.
‘‘(ii) NOTIFICATION.—The Commission
shall notify telecommunications carriers of
each library determined to have failed to
comply with the requirements of this para-
graph and of the period for which such li-
brary shall be liable to make reimbursement
under subparagraph (E).
‘‘(G) RECOMMENCEMENT OF DISCOUNTS.—
‘‘(i) RECOMMENCEMENT.—Upon sub-
mittal to the Commission of a certification
under subparagraph (B) with respect to a
library to which clause (i) or (ii) of sub-
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paragraph (E) applies, the library shall be
entitled to services at discount rates under
paragraph (1)(B).
‘‘(ii) NOTIFICATION.—The Commission
shall notify the library and telecommuni-
cations carriers of the recommencement of
the library’s entitlement to services at dis-
count rates under this paragraph and of the
date on which such recommencement begins.
‘‘(iii) ADDITIONAL NONCOMPLIANCE.—
The provisions of subparagraphs (E) and
(F) shall apply to any certification sub-
mitted under clause (i).
‘‘(H) PUBLIC AVAILABILITY OF POLICY.—A
library that enforces a policy under clause (i)(II)
or (ii)(I)(bb) of subparagraph (B) shall take ap-
propriate actions to ensure the ready availability
to the public of information on such policy and
on its policy, if any, relating to the use of tech-
nology under subparagraph (C).
‘‘(I) LIMITATION ON FEDERAL ACTION.—
‘‘(i) IN GENERAL.—No agency or in-
strumentality of the United States Govern-
ment may—
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‘‘(I) establish any criteria for
making a determination under sub-
paragraph (C);
‘‘(II) 
review 
a 
determination
made by a library for purposes of a
certification under subparagraph (B);
or
‘‘(III) consider the criteria em-
ployed by a library purposes of deter-
mining the eligibility of the library for
services at discount rates under para-
graph (1)(B).
‘‘(ii) ACTION
BY
COMMISSION.—The
Commission may not take any action
against a library for a violation of a provi-
sion of this paragraph if the library has
made a good faith effort to comply with
such provision.’’.
(c) MINOR DEFINED.—Paragraph (7) of such section,
as redesignated by subsection (a)(1) of this section, is
amended by adding at the end the following:
‘‘(D) MINOR.—The term ‘minor’ means any
individual who has not attained the age of 17
years.’’.
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schools and libraries only for services covered by Fed-
eral Communications Commission regulations on pri-
orities for funding telecommunications services, Inter-
net access, Internet services, and Internet connections
that assign priority for available funds for the poorest
schools; and
(2) to the extent made available under para-
graph (1), may be used for the purchase or acquisi-
tion of filtering or blocking products necessary to
meet the requirements of section 254(h)(5) and (6) of
that Act, but not for the purchase of software or other
technology other than what is required to meet those
requirements.
(h) EFFECTIVE DATE.—The amendments made by this
section shall take effect 120 days after the date of the enact-
ment of this Act.
SEC. 603. FETAL TISSUE. The General Accounting Of-
fice shall conduct a comprehensive study into Federal in-
volvement in the use of fetal tissue for research purposes
within the scope of this Act to be completed by September
1, 2000. The study shall include but not be limited to—
(1) the annual number of orders for fetal tissue
filled in conjunction with federally funded fetal tissue
research or programs over the last 3 years;
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(2) the costs associated with the procurement,
dissemination, and other use of fetal tissue, including
but not limited to the costs associated with the proc-
essing, transportation, preservation, quality control,
and storage of such tissue;
(3) the manner in which Federal agencies ensure
that intramural and extramural research facilities
and their employees comply with Federal fetal tissue
law;
(4) the number of fetal tissue procurement con-
tractors and tissue resource sources, or other entities
or individuals that are used to obtain, transport,
process, preserve, or store fetal tissue, which receive
Federal funds and the quantity, form, and nature of
the services provided and the amount of Federal funds
received by such entities;
(5) the number and identity of all Federal agen-
cies within the scope of this Act expending or ex-
changing Federal funds in connection with obtaining
or processing fetal tissue or the conduct of research
using such tissue;
(6) the extent to which Federal fetal tissue pro-
curement policies and guidelines adhere to Federal
law;
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(7) the criteria that Federal fetal tissue research
facilities use for selecting their fetal tissue sources,
and the manner in which the facilities ensure that
such sources comply with Federal law.
SEC. 604. PROVISION OF INTERNET FILTERING OR
SCREENING SOFTWARE BY CERTAIN INTERNET SERVICE
PROVIDERS. (a) REQUIREMENT TO PROVIDE.—Each Inter-
net service provider shall at the time of entering an agree-
ment with a residential customer for the provision of Inter-
net access services, provide to such customer, either at no
fee or at a fee not in excess of the amount specified in sub-
section (c), computer software or other filtering or blocking
system that allows the customer to prevent the access of mi-
nors to material on the Internet.
(b) SURVEYS OF PROVISION OF SOFTWARE OR SYS-
TEMS.—
(1) SURVEYS.—The Office of Juvenile Justice
and Delinquency Prevention of the Department of
Justice and the Federal Trade Commission shall
jointly conduct surveys of the extent to which Internet
service providers are providing computer software or
systems described in subsection (a) to their sub-
scribers. In performing such surveys, neither the De-
partment nor the Commission shall collect personally
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identifiable information of subscribers of the Internet
service providers.
(2) FREQUENCY.—The surveys required by para-
graph (1) shall be completed as follows:
(A) One shall be completed not later than
one year after the date of the enactment of this
Act.
(B) One shall be completed not later than
two years after that date.
(C) One shall be completed not later than
three years after that date.
(c) FEES.—The fee, if any, charged and collected by
an Internet service provider for providing computer soft-
ware or a system described in subsection (a) to a residential
customer shall not exceed the amount equal to the cost of
the provider in providing the software or system to the sub-
scriber, including the cost of the software or system and of
any license required with respect to the software or system.
(d) APPLICABILITY.—The requirement described in
subsection (a) shall become effective only if—
(1) 1 year after the date of the enactment of this
Act, the Office and the Commission determine as a re-
sult of the survey completed by the deadline in sub-
section (b)(2)(A) that less than 75 percent of the total
number of residential subscribers of Internet service
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providers as of such deadline are provided computer
software or systems described in subsection (a) by
such providers;
(2) 2 years after the date of enactment of this
Act, the Office and the Commission determine as a re-
sult of the survey completed by the deadline in sub-
section (b)(2)(B) that less than 85 percent of the total
number of residential subscribers of Internet service
providers as of such deadline are provided such soft-
ware or systems by such providers; or
(3) 3 years after the date of the enactment of this
Act, if the Office and the Commission determine as a
result of the survey completed by the deadline in sub-
section (b)(2)(C) that less than 100 percent of the
total number of residential subscribers of Internet
service providers as of such deadline are provided
such software or systems by such providers.
(e) INTERNET SERVICE PROVIDER DEFINED.—In this
section, the term ‘‘Internet service provider’’ means a serv-
ice provider as defined in section 512(k)(1)(A) of title 17,
United States Code, which has more than 50,000 sub-
scribers.
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TITLE VII—UNIVERSAL SERVICE FOR SCHOOLS
AND LIBRARIES
SEC. 701. SHORT TITLE. This title may be cited as
the ‘‘Neighborhood Children’s Internet Protection Act’’.
SEC. 702. NO UNIVERSAL SERVICE FOR SCHOOLS OR
LIBRARIES THAT FAIL TO IMPLEMENT A FILTERING OR
BLOCKING SYSTEM FOR COMPUTERS WITH INTERNET AC-
CESS OR ADOPT INTERNET USE POLICIES. (a) NO UNI-
VERSAL SERVICE.—
(1) IN GENERAL.—Section 254 of the Commu-
nications Act of 1934 (47 U.S.C. 254) is amended by
adding at the end the following:
‘‘(l) IMPLEMENTATION OF INTERNET FILTERING OR
BLOCKING SYSTEM OR USE POLICIES.—
‘‘(1) IN GENERAL.—No services may be provided
under subsection (h)(1)(B) to any elementary or sec-
ondary school, or any library, unless it provides the
certification required by paragraph (2) to the Com-
mission or its designee.
‘‘(2) CERTIFICATION.—A certification under this
paragraph with respect to a school or library is a cer-
tification by the school, school board, or other author-
ity with responsibility for administration of the
school, or the library, or any other entity representing
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the school or library in applying for universal service
assistance, that the school or library—
‘‘(A) has—
‘‘(i) selected a system for its computers
with Internet access that are dedicated to
student use in order to filter or block Inter-
net access to matter considered to be inap-
propriate for minors; and
‘‘(ii) installed on such computers, or
upon obtaining such computers will install
on such computers, a system to filter or
block Internet access to such matter; or
‘‘(B)(i) has adopted and implemented an
Internet use policy that addresses—
‘‘(I) access by minors to inappropriate
matter on the Internet and World Wide
Web;
‘‘(II) the safety and security of minors
when using electronic mail, chat rooms, and
other forms of direct electronic communica-
tions;
‘‘(III) unauthorized access, including
so-called ‘hacking’, and other unlawful ac-
tivities by minors online;
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‘‘(IV) unauthorized disclosure, use, and
dissemination of personal identification in-
formation regarding minors; and
‘‘(V) whether the school or library, as
the case may be, is employing hardware,
software, or other technological means to
limit, monitor, or otherwise control or guide
Internet access by minors; and
‘‘(ii) provided reasonable public notice and
held at least one public hearing or meeting which
addressed the proposed Internet use policy.
‘‘(3) LOCAL DETERMINATION OF CONTENT.—For
purposes of a certification under paragraph (2), the
determination regarding what matter is inappro-
priate for minors shall be made by the school board,
library, or other authority responsible for making the
determination. No agency or instrumentality of the
United States Government may—
‘‘(A) establish criteria for making such de-
termination;
‘‘(B) review the determination made by the
certifying school, school board, library, or other
authority; or
‘‘(C) consider the criteria employed by the
certifying school, school board, library, or other
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authority in the administration of subsection
(h)(1)(B).
‘‘(4) EFFECTIVE
DATE.—This subsection shall
apply with respect to schools and libraries seeking
universal 
service 
assistance 
under 
subsection
(h)(1)(B) on or after July 1, 2001.’’.
(2) 
CONFORMING
AMENDMENT.—Subsection
(h)(1)(B) of that section is amended by striking ‘‘All
telecommunications’’ and inserting ‘‘Except as pro-
vided by subsection (l), all telecommunications’’.
(b) STUDY.—Not later than 150 days after the date
of the enactment of this Act, the National Telecommuni-
cations and Information Administration shall initiate a
notice and comment proceeding for purposes of—
(1) evaluating whether or not currently available
commercial Internet blocking, filtering, and moni-
toring software adequately addresses the needs of edu-
cational institutions;
(2) making recommendations on how to foster
the development of products which meet such needs;
and
(3) evaluating the development and effectiveness
of local Internet use policies that are currently in op-
eration after community input.
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SEC. 703. IMPLEMENTING REGULATIONS. Not later
than 100 days after the date of the enactment of this Act,
the Federal Communications Commission shall adopt rules
implementing this title and the amendments made by this
title.
TITLE VIII—SOCIAL SECURITY AND MEDICARE
OFF-BUDGET LOCKBOX ACT OF 2000
SEC. 801. SHORT TITLE. This title may be cited as
the ‘‘Social Security and Medicare Off-Budget Lockbox Act
of 2000’’.
SEC. 802. STRENGTHENING SOCIAL SECURITY POINTS
OF ORDER. (a) IN GENERAL.—Section 312 of the Congres-
sional Budget Act of 1974 (2 U.S.C. 643) is amended by
inserting at the end the following:
‘‘(g) STRENGTHENING SOCIAL SECURITY POINT OF
ORDER.—It shall not be in order in the House of Represent-
atives or the Senate to consider a concurrent resolution on
the budget (or any amendment thereto or conference report
thereon) or any bill, joint resolution, amendment, motion,
or conference report that would violate or amend section
13301 of the Budget Enforcement Act of 1990.’’.
(b) SUPER MAJORITY REQUIREMENT.—
(1) POINT OF ORDER.—Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by in-
serting ‘‘312(g),’’ after ‘‘310(d)(2),’’.
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(2) WAIVER.—Section 904(d)(2) of the Congres-
sional Budget Act of 1974 is amended by inserting
‘‘312(g),’’ after ‘‘310(d)(2),’’.
(c) ENFORCEMENT IN EACH FISCAL YEAR.—The Con-
gressional Budget Act of 1974 is amended in—
(1) section 301(a)(7) (2 U.S.C. 632(a)(7)), by
striking ‘‘for the fiscal year’’ through the period and
inserting ‘‘for each fiscal year covered by the resolu-
tion’’; and
(2) section 311(a)(3) (2 U.S.C. 642(a)(3)), by
striking beginning with ‘‘for the first fiscal year’’
through the period and insert the following: ‘‘for any
of the fiscal years covered by the concurrent resolu-
tion.’’.
Sec. 803. MEDICARE TRUST FUND OFF-BUDGET. (a)
IN GENERAL.—
(1) GENERAL EXCLUSION FROM ALL BUDGETS.—
Title III of the Congressional Budget Act of 1974 is
amended by adding at the end the following:
‘‘EXCLUSION OF MEDICARE TRUST FUND FROM ALL
BUDGETS
‘‘SEC. 316. (a) EXCLUSION
OF MEDICARE TRUST
FUND FROM ALL BUDGETS.—Notwithstanding any other
provision of law, the receipts and disbursements of the Fed-
eral Hospital Insurance Trust Fund shall not be counted
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as new budget authority, outlays, receipts, or deficit or sur-
plus for purposes of—
‘‘(1) the budget of the United States Government
as submitted by the President;
‘‘(2) the congressional budget; or
‘‘(3) the Balanced Budget and Emergency Deficit
Control Act of 1985.
‘‘(b) STRENGTHENING MEDICARE POINT OF ORDER.—
It shall not be in order in the House of Representatives or
the Senate to consider a concurrent resolution on the budget
(or any amendment thereto or conference report thereon)
or any bill, joint resolution, amendment, motion, or con-
ference report that would violate or amend this section.’’.
(2) SUPER MAJORITY REQUIREMENT.—
(A) POINT OF ORDER.—Section 904(c)(1) of
the Congressional Budget Act of 1974 is amended
by inserting ‘‘316,’’ after ‘‘313,’’.
(B) WAIVER.—Section 904(d)(2) of the Con-
gressional Budget Act of 1974 is amended by in-
serting ‘‘316,’’ after ‘‘313,’’.
(b) EXCLUSION OF MEDICARE TRUST FUND FROM
CONGRESSIONAL BUDGET.—Section 301(a) of the Congres-
sional Budget Act of 1974 (2 U.S.C. 632(a)) is amended
by adding at the end the following: ‘‘The concurrent resolu-
tion shall not include the outlays and revenue totals of the
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Federal Hospital Insurance Trust Fund in the surplus or
deficit totals required by this subsection or in any other
surplus or deficit totals required by this title.’’
(c) BUDGET TOTALS.—Section 301(a) of the Congres-
sional Budget Act of 1974 (2 U.S.C. 632(a)) is amended
by inserting after paragraph (7) the following:
‘‘(8) For purposes of Senate enforcement under
this title, revenues and outlays of the Federal Hos-
pital Insurance Trust Fund for each fiscal year cov-
ered by the budget resolution.’’.
(d) BUDGET
RESOLUTIONS.—Section 301(i) of the
Congressional Budget Act of 1974 (2 U.S.C. 632(i)) is
amended by—
(1) striking ‘‘SOCIAL
SECURITY
POINT
OF
ORDER.—It shall’’ and inserting ‘‘SOCIAL SECURITY
AND MEDICARE POINTS OF ORDER.—
‘‘(1) SOCIAL SECURITY.—It shall’’; and
(2) inserting at the end the following:
‘‘(2) MEDICARE.—It shall not be in order in the
House of Representatives or the Senate to consider
any concurrent resolution on the budget (or amend-
ment, motion, or conference report on the resolution)
that would decrease the excess of the Federal Hospital
Insurance Trust Fund revenues over Federal Hospital
Insurance Trust Fund outlays in any of the fiscal
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years covered by the concurrent resolution. This para-
graph shall not apply to amounts to be expended from
the Hospital Insurance Trust Fund for purposes re-
lating to programs within part A of Medicare as pro-
vided in law on the date of enactment of this para-
graph.’’.
(e) MEDICARE FIREWALL.—Section 311(a) of the Con-
gressional Budget Act of 1974 (2 U.S.C. 642(a)) is amended
by adding after paragraph (3), the following:
‘‘(4) ENFORCEMENT
OF
MEDICARE
LEVELS
IN
THE SENATE.—After a concurrent resolution on the
budget is agreed to, it shall not be in order in the
Senate to consider any bill, joint resolution, amend-
ment, motion, or conference report that would cause
a decrease in surpluses or an increase in deficits of
the Federal Hospital Insurance Trust Fund in any
year relative to the levels set forth in the applicable
resolution. This paragraph shall not apply to
amounts to be expended from the Hospital Insurance
Trust Fund for purposes relating to programs within
part A of Medicare as provided in law on the date
of enactment of this paragraph.’’.
(f) BASELINE
TO EXCLUDE HOSPITAL INSURANCE
TRUST FUND.—Section 257(b)(3) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended by
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striking ‘‘shall be included in all’’ and inserting ‘‘shall not
be included in any’’.
(g) MEDICARE TRUST FUND EXEMPT FROM SEQUES-
TERS.—Section 255(g)(1)(B) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by add-
ing at the end the following:
‘‘Medicare as funded through the Federal Hos-
pital Insurance Trust Fund.’’.
(h) BUDGETARY TREATMENT OF HOSPITAL INSUR-
ANCE TRUST FUND.—Section 710(a) of the Social Security
Act (42 U.S.C. 911(a)) is amended—
(1) by striking ‘‘and’’ the second place it appears
and inserting a comma; and
(2) by inserting after ‘‘Federal Disability Insur-
ance Trust Fund’’ the following: ‘‘, Federal Hospital
Insurance Trust Fund’’.
SEC. 804. PREVENTING ON-BUDGET DEFICITS. (a)
POINTS OF ORDER TO PREVENT ON-BUDGET DEFICITS.—
Section 312 of the Congressional Budget Act of 1974 (2
U.S.C. 643) is amended by adding at the end the following:
‘‘(h) POINTS OF ORDER TO PREVENT ON-BUDGET
DEFICITS.—
‘‘(1) CONCURRENT RESOLUTIONS ON THE BUDG-
ET.—It shall not be in order in the House of Rep-
resentatives or the Senate to consider any concurrent
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resolution on the budget, or conference report thereon
or amendment thereto, that would cause or increase
an on-budget deficit for any fiscal year.
‘‘(2) SUBSEQUENT
LEGISLATION.—Except as
provided by paragraph (3), it shall not be in order
in the House of Representatives or the Senate to con-
sider any bill, joint resolution, amendment, motion,
or conference report if—
‘‘(A) the enactment of that bill or resolution
as reported;
‘‘(B) the adoption and enactment of that
amendment; or
‘‘(C) the enactment of that bill or resolution
in the form recommended in that conference re-
port,
would cause or increase an on-budget deficit for any
fiscal year.’’.
(b) SUPER MAJORITY REQUIREMENT.—
(1) POINT OF ORDER.—Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by in-
serting ‘‘312(h),’’ after ‘‘312(g),’’.
(2) WAIVER.—Section 904(d)(2) of the Congres-
sional Budget Act of 1974 is amended by inserting
‘‘312(h),’’ after ‘‘312(g),’’.
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SEC. 805. SOCIAL SECURITY AND MEDICARE SAFE
DEPOSIT BOX ACT OF 2000. (a) SHORT TITLE.—This sec-
tion may be cited as the ‘‘Social Security and Medicare
Safe Deposit Box Act of 2000’’.
(b) PROTECTION OF SOCIAL SECURITY AND MEDICARE
SURPLUSES.—
(1) MEDICARE SURPLUSES OFF-BUDGET.—Not-
withstanding any other provision of law, the net sur-
plus of any trust fund for part A of Medicare shall
not be counted as a net surplus for purposes of—
(A) the budget of the United States Govern-
ment as submitted by the President;
(B) the congressional budget; or
(C) the Balanced Budget and Emergency
Deficit Control Act of 1985.
(2) POINTS OF ORDER TO PROTECT SOCIAL SE-
CURITY AND MEDICARE SURPLUSES.—Section 312 of
the Congressional Budget Act of 1974 is amended by
adding at the end the following new subsection:
‘‘(g) POINTS OF ORDER TO PROTECT SOCIAL SECU-
RITY AND MEDICARE SURPLUSES.—
‘‘(1) CONCURRENT RESOLUTIONS ON THE BUDG-
ET.—It shall not be in order in the House of Rep-
resentatives or the Senate to consider any concurrent
resolution on the budget, or conference report thereon
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or amendment thereto, that would set forth an on-
budget deficit for any fiscal year.
‘‘(2) SUBSEQUENT LEGISLATION.—It shall not be
in order in the House of Representatives or the Senate
to consider any bill, joint resolution, amendment, mo-
tion, or conference report if—
‘‘(A) the enactment of that bill or resolution
as reported;
‘‘(B) the adoption and enactment of that
amendment; or
‘‘(C) the enactment of that bill or resolution
in the form recommended in that conference re-
port,
would cause or increase an on-budget deficit for any
fiscal year.
‘‘(3) DEFINITION.—For purposes of this section,
the term ‘on-budget deficit’, when applied to a fiscal
year, means the deficit in the budget as set forth in
the most recently agreed to concurrent resolution on
the budget pursuant to section 301(a)(3) for that fis-
cal year.’’.
(3) SUPER MAJORITY REQUIREMENT.—
(A) POINT OF ORDER.—Section 904(c)(1) of
the Congressional Budget Act of 1974 is amended
by inserting ‘‘312(g),’’ after ‘‘310(d)(2),’’.
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(B) WAIVER.—Section 904(d)(2) of the Con-
gressional Budget Act of 1974 is amended by in-
serting ‘‘312(g),’’ after ‘‘310(d)(2),’’.
(c) PROTECTION OF SOCIAL SECURITY AND MEDICARE
SURPLUSES.—
(1) IN GENERAL.—Chapter 11 of subtitle II of
title 31, United States Code, is amended by adding
before section 1101 the following:
‘‘§ 1100. Protection of social security and medicare
surpluses
‘‘The budget of the United States Government sub-
mitted by the President under this chapter shall not rec-
ommend an on-budget deficit for any fiscal year covered
by that budget.’’.
(2) CHAPTER ANALYSIS.—The chapter analysis
for chapter 11 of title 31, United States Code, is
amended by inserting before the item for section 1101
the following:
‘‘1100. Protection of social security and medicare surpluses.’’.
(d) EFFECTIVE DATE.—This section shall take effect
upon the date of its enactment and the amendments made
by this section shall apply to fiscal year 2001 and subse-
quent fiscal years.
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TITLE IX—GENETIC INFORMATION AND
SERVICES
SEC. 901. SHORT TITLE. This title may be cited as
the ‘‘Genetic Information Nondiscrimination in Health In-
surance Act of 2000’’.
SEC. 902. AMENDMENTS TO EMPLOYEE RETIREMENT
INCOME SECURITY ACT
OF 1974. (a) PROHIBITION
OF
HEALTH DISCRIMINATION ON THE BASIS OF GENETIC IN-
FORMATION OR GENETIC SERVICES.—
(1) NO ENROLLMENT RESTRICTION FOR GENETIC
SERVICES.—Section 702(a)(1)(F) of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C.
1182(a)(1)(F)) is amended by inserting before the pe-
riod the following: ‘‘(including information about a
request for or receipt of genetic services)’’.
(2) NO
DISCRIMINATION
IN
GROUP
PREMIUMS
BASED ON PREDICTIVE GENETIC INFORMATION.—Sub-
part B of part 7 of subtitle B of title I of the Em-
ployee Retirement Income Security Act of 1974 is
amended by adding at the end the following:
‘‘SEC. 
714. 
PROHIBITING 
PREMIUM 
DISCRIMINATION
AGAINST GROUPS ON THE BASIS OF PRE-
DICTIVE GENETIC INFORMATION.
‘‘A group health plan, or a health insurance issuer of-
fering group health insurance coverage in connection with
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a group health plan, shall not adjust premium or contribu-
tion amounts for a group on the basis of predictive genetic
information concerning any individual (including a de-
pendent) or family member of the individual (including in-
formation about a request for or receipt of genetic serv-
ices).’’.
(3) CONFORMING AMENDMENTS.—
(A) IN
GENERAL.—Section 702(b) of the
Employee Retirement Income Security Act of
1974 (29 U.S.C. 1182(b)) is amended by adding
at the end the following:
‘‘(3) REFERENCE TO RELATED PROVISION.—For
a provision prohibiting the adjustment of premium or
contribution amounts for a group under a group
health plan on the basis of predictive genetic informa-
tion (including information about a request for or re-
ceipt of genetic services), see section 714.’’.
(B) TABLE
OF
CONTENTS.—The table of
contents in section 1 of the Employee Retirement
Income Security Act of 1974 is amended by in-
serting after the item relating to section 713 the
following new item:
‘‘Sec. 714. Prohibiting premium discrimination against groups on the basis of
predictive genetic information.’’.
(b) LIMITATION ON COLLECTION OF PREDICTIVE GE-
NETIC INFORMATION.—Section 702 of the Employee Retire-
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ment Income Security Act of 1974 (29 U.S.C. 1182) is
amended by adding at the end the following:
‘‘(c) COLLECTION OF PREDICTIVE GENETIC INFORMA-
TION.—
‘‘(1) LIMITATION ON REQUESTING OR REQUIRING
PREDICTIVE GENETIC INFORMATION.—Except as pro-
vided in paragraph (2), a group health plan, or a
health insurance issuer offering health insurance cov-
erage in connection with a group health plan, shall
not request or require predictive genetic information
concerning any individual (including a dependent) or
family member of the individual (including informa-
tion about a request for or receipt of genetic services).
‘‘(2) INFORMATION
NEEDED
FOR
DIAGNOSIS,
TREATMENT, OR PAYMENT.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), a group health plan, or a health in-
surance issuer offering health insurance coverage
in connection with a group health plan, that
provides health care items and services to an in-
dividual or dependent may request (but may not
require) that such individual or dependent dis-
close, or authorize the collection or disclosure of,
predictive genetic information for purposes of di-
agnosis, treatment, or payment relating to the
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provision of health care items and services to
such individual or dependent.
‘‘(B) NOTICE
OF
CONFIDENTIALITY
PRAC-
TICES AND DESCRIPTION OF SAFEGUARDS.—As a
part of a request under subparagraph (A), the
group health plan, or a health insurance issuer
offering health insurance coverage in connection
with a group health plan, shall provide to the in-
dividual or dependent a description of the proce-
dures in place to safeguard the confidentiality,
as described in subsection (d), of such predictive
genetic information.
‘‘(d) CONFIDENTIALITY
WITH
RESPECT
TO
PRE-
DICTIVE GENETIC INFORMATION.—
‘‘(1) NOTICE OF CONFIDENTIALITY PRACTICES.—
‘‘(A) PREPARATION OF WRITTEN NOTICE.—
A group health plan, or a health insurance
issuer offering health insurance coverage in con-
nection with a group health plan, shall post or
provide, in writing and in a clear and con-
spicuous manner, notice of the plan or issuer’s
confidentiality practices, that shall include—
‘‘(i) a description of an individual’s
rights with respect to predictive genetic in-
formation;
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‘‘(ii) the procedures established by the
plan or issuer for the exercise of the individ-
ual’s rights; and
‘‘(iii) the right to obtain a copy of the
notice of the confidentiality practices re-
quired under this subsection.
‘‘(B) MODEL
NOTICE.—The Secretary, in
consultation with the National Committee on
Vital and Health Statistics and the National As-
sociation of Insurance Commissioners, and after
notice and opportunity for public comment, shall
develop and disseminate model notices of con-
fidentiality practices. Use of the model notice
shall serve as a defense against claims of receiv-
ing inappropriate notice.
‘‘(2) 
ESTABLISHMENT
OF
SAFEGUARDS.—A
group health plan, or a health insurance issuer offer-
ing health insurance coverage in connection with a
group health plan, shall establish and maintain ap-
propriate administrative, technical, and physical
safeguards to protect the confidentiality, security, ac-
curacy, and integrity of predictive genetic informa-
tion created, received, obtained, maintained, used,
transmitted, or disposed of by such plan or issuer.’’.
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(c) DEFINITIONS.—Section 733(d) of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 1191b(d))
is amended by adding at the end the following:
‘‘(5) FAMILY MEMBER.—The term ‘family mem-
ber’ means with respect to an individual—
‘‘(A) the spouse of the individual;
‘‘(B) a dependent child of the individual,
including a child who is born to or placed for
adoption with the individual; and
‘‘(C) all other individuals related by blood
to the individual or the spouse or child described
in subparagraph (A) or (B).
‘‘(6) GENETIC INFORMATION.—The term ‘genetic
information’ means information about genes, gene
products, or inherited characteristics that may derive
from an individual or a family member (including
information about a request for or receipt of genetic
services).
‘‘(7) GENETIC
SERVICES.—The term ‘genetic
services’ means health services provided to obtain, as-
sess, or interpret genetic information for diagnostic
and therapeutic purposes, and for genetic education
and counseling.
‘‘(8) PREDICTIVE GENETIC INFORMATION.—
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‘‘(A) IN GENERAL.—The term ‘predictive ge-
netic information’ means, in the absence of
symptoms, clinical signs, or a diagnosis of the
condition related to such information—
‘‘(i) information about an individual’s
genetic tests;
‘‘(ii) information about genetic tests of
family members of the individual; or
‘‘(iii) information about the occurrence
of a disease or disorder in family members.
‘‘(B) EXCEPTIONS.—The term ‘predictive
genetic information’ shall not include—
‘‘(i) information about the sex or age of
the individual;
‘‘(ii) information derived from phys-
ical tests, such as the chemical, blood, or
urine analyses of the individual including
cholesterol tests; and
‘‘(iii) 
information 
about 
physical
exams of the individual.
‘‘(9) GENETIC
TEST.—The term ‘genetic test’
means the analysis of human DNA, RNA, chro-
mosomes, proteins, and certain metabolites, including
analysis of genotypes, mutations, phenotypes, or
karyotypes, for the purpose of predicting risk of dis-
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ease in asymptomatic or undiagnosed individuals.
Such term does not include physical tests, such as the
chemical, blood, or urine analyses of the individual
including cholesterol tests, and physical exams of the
individual, in order to detect symptoms, clinical
signs, or a diagnosis of disease.’’.
(d) EFFECTIVE DATE.—Except as provided in this sec-
tion, this section and the amendments made by this section
shall apply with respect to group health plans for plan
years beginning 1 year after the date of the enactment of
this Act.
SEC. 903. AMENDMENTS TO THE PUBLIC HEALTH
SERVICE ACT. (a) AMENDMENTS RELATING TO THE GROUP
MARKET.—
(1) PROHIBITION
OF
HEALTH
DISCRIMINATION
ON
THE
BASIS
OF
GENETIC
INFORMATION
IN
THE
GROUP MARKET.—
(A) NO ENROLLMENT RESTRICTION FOR GE-
NETIC SERVICES.—Section 2702(a)(1)(F) of the
Public Health Service Act (42 U.S.C. 300gg–
1(a)(1)(F)) is amended by inserting before the
period the following: ‘‘(including information
about a request for or receipt of genetic serv-
ices)’’.
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(B) NO
DISCRIMINATION
IN
PREMIUMS
BASED ON PREDICTIVE GENETIC INFORMATION.—
Subpart 2 of part A of title XXVII of the Public
Health Service Act (42 U.S.C. 300gg–4 et seq.)
is amended by adding at the end the following
new section:
‘‘SEC. 
2707. 
PROHIBITING 
PREMIUM 
DISCRIMINATION
AGAINST GROUPS ON THE BASIS OF PRE-
DICTIVE 
GENETIC 
INFORMATION 
IN 
THE
GROUP MARKET.
‘‘A group health plan, or a health insurance issuer of-
fering group health insurance coverage in connection with
a group health plan shall not adjust premium or contribu-
tion amounts for a group on the basis of predictive genetic
information concerning any individual (including a de-
pendent) or family member of the individual (including in-
formation about a request for or receipt of genetic serv-
ices).’’.
(C) 
CONFORMING
AMENDMENT.—Section
2702(b) of the Public Health Service Act (42
U.S.C. 300gg–1(b)) is amended by adding at the
end the following:
‘‘(3) REFERENCE TO RELATED PROVISION.—For
a provision prohibiting the adjustment of premium or
contribution amounts for a group under a group
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health plan on the basis of predictive genetic informa-
tion (including information about a request for or re-
ceipt of genetic services), see section 2707.’’.
(D) LIMITATION ON COLLECTION AND DIS-
CLOSURE
OF
PREDICTIVE
GENETIC
INFORMA-
TION.—Section 2702 of the Public Health Service
Act (42 U.S.C. 300gg–1) is amended by adding
at the end the following:
‘‘(c) COLLECTION OF PREDICTIVE GENETIC INFORMA-
TION.—
‘‘(1) LIMITATION ON REQUESTING OR REQUIRING
PREDICTIVE GENETIC INFORMATION.—Except as pro-
vided in paragraph (2), a group health plan, or a
health insurance issuer offering health insurance cov-
erage in connection with a group health plan, shall
not request or require predictive genetic information
concerning any individual (including a dependent) or
a family member of the individual (including infor-
mation about a request for or receipt of genetic serv-
ices).
‘‘(2) INFORMATION
NEEDED
FOR
DIAGNOSIS,
TREATMENT, OR PAYMENT.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), a group health plan, or a health in-
surance issuer offering health insurance coverage
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in connection with a group health plan, that
provides health care items and services to an in-
dividual or dependent may request (but may not
require) that such individual or dependent dis-
close, or authorize the collection or disclosure of,
predictive genetic information for purposes of di-
agnosis, treatment, or payment relating to the
provision of health care items and services to
such individual or dependent.
‘‘(B) NOTICE
OF
CONFIDENTIALITY
PRAC-
TICES AND DESCRIPTION OF SAFEGUARDS.—As a
part of a request under subparagraph (A), the
group health plan, or a health insurance issuer
offering health insurance coverage in connection
with a group health plan, shall provide to the in-
dividual or dependent a description of the proce-
dures in place to safeguard the confidentiality,
as described in subsection (d), of such predictive
genetic information.
‘‘(d) CONFIDENTIALITY
WITH
RESPECT
TO
PRE-
DICTIVE GENETIC INFORMATION.—
‘‘(1) NOTICE OF CONFIDENTIALITY PRACTICES.—
‘‘(A) PREPARATION OF WRITTEN NOTICE.—
A group health plan, or a health insurance
issuer offering health insurance coverage in con-
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nection with a group health plan, shall post or
provide, in writing and in a clear and con-
spicuous manner, notice of the plan or issuer’s
confidentiality practices, that shall include—
‘‘(i) a description of an individual’s
rights with respect to predictive genetic in-
formation;
‘‘(ii) the procedures established by the
plan or issuer for the exercise of the individ-
ual’s rights; and
‘‘(iii) the right to obtain a copy of the
notice of the confidentiality practices re-
quired under this subsection.
‘‘(B) MODEL
NOTICE.—The Secretary, in
consultation with the National Committee on
Vital and Health Statistics and the National As-
sociation of Insurance Commissioners, and after
notice and opportunity for public comment, shall
develop and disseminate model notices of con-
fidentiality practices. Use of the model notice
shall serve as a defense against claims of receiv-
ing inappropriate notice.
‘‘(2) 
ESTABLISHMENT
OF
SAFEGUARDS.—A
group health plan, or a health insurance issuer offer-
ing health insurance coverage in connection with a
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group health plan, shall establish and maintain ap-
propriate administrative, technical, and physical
safeguards to protect the confidentiality, security, ac-
curacy, and integrity of predictive genetic informa-
tion created, received, obtained, maintained, used,
transmitted, or disposed of by such plan or issuer.’’.
(2) DEFINITIONS.—Section 2791(d) of the Public
Health Service Act (42 U.S.C. 300gg–91(d)) is
amended by adding at the end the following:
‘‘(15) FAMILY MEMBER.—The term ‘family mem-
ber’ means, with respect to an individual—
‘‘(A) the spouse of the individual;
‘‘(B) a dependent child of the individual,
including a child who is born to or placed for
adoption with the individual; and
‘‘(C) all other individuals related by blood
to the individual or the spouse or child described
in subparagraph (A) or (B).
‘‘(16) GENETIC
INFORMATION.—The term ‘ge-
netic information’ means information about genes,
gene products, or inherited characteristics that may
derive from an individual or a family member (in-
cluding information about a request for or receipt of
genetic services).
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‘‘(17) GENETIC
SERVICES.—The term ‘genetic
services’ means health services provided to obtain, as-
sess, or interpret genetic information for diagnostic
and therapeutic purposes, and for genetic education
and counseling.
‘‘(18) PREDICTIVE GENETIC INFORMATION.—
‘‘(A) IN GENERAL.—The term ‘predictive ge-
netic information’ means, in the absence of
symptoms, clinical signs, or a diagnosis of the
condition related to such information—
‘‘(i) information about an individual’s
genetic tests;
‘‘(ii) information about genetic tests of
family members of the individual; or
‘‘(iii) information about the occurrence
of a disease or disorder in family members.
‘‘(B) EXCEPTIONS.—The term ‘predictive
genetic information’ shall not include—
‘‘(i) information about the sex or age of
the individual;
‘‘(ii) information derived from phys-
ical tests, such as the chemical, blood, or
urine analyses of the individual including
cholesterol tests; and
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‘‘(iii) 
information 
about 
physical
exams of the individual.
‘‘(19) GENETIC TEST.—The term ‘genetic test’
means the analysis of human DNA, RNA, chro-
mosomes, proteins, and certain metabolites, including
analysis of genotypes, mutations, phenotypes, or
karyotypes, for the purpose of predicting risk of dis-
ease in asymptomatic or undiagnosed individuals.
Such term does not include physical tests, such as the
chemical, blood, or urine analyses of the individual
including cholesterol tests, and physical exams of the
individual, in order to detect symptoms, clinical
signs, or a diagnosis of disease.’’.
(e) AMENDMENTS TO PHSA RELATING TO THE INDI-
VIDUAL MARKET.—The first subpart 3 of part B of title
XXVII of the Public Health Service Act (42 U.S.C. 300gg–
51 et seq.) (relating to other requirements) (42 U.S.C.
300gg–51 et seq.) is amended by adding at the end the fol-
lowing:
‘‘SEC. 2753. PROHIBITION OF HEALTH DISCRIMINATION ON
THE BASIS OF PREDICTIVE GENETIC INFOR-
MATION.
‘‘(a) PROHIBITION ON PREDICTIVE GENETIC INFORMA-
TION AS A CONDITION OF ELIGIBILITY.—A health insurance
issuer offering health insurance coverage in the individual
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market may not use predictive genetic information as a
condition of eligibility of an individual to enroll in indi-
vidual health insurance coverage (including information
about a request for or receipt of genetic services).
‘‘(b) PROHIBITION ON PREDICTIVE GENETIC INFORMA-
TION IN SETTING PREMIUM RATES.—A health insurance
issuer offering health insurance coverage in the individual
market shall not adjust premium rates for individuals on
the basis of predictive genetic information concerning such
an individual (including a dependent) or a family member
of the individual (including information about a request
for or receipt of genetic services).
‘‘(c) COLLECTION OF PREDICTIVE GENETIC INFORMA-
TION.—
‘‘(1) LIMITATION ON REQUESTING OR REQUIRING
PREDICTIVE GENETIC INFORMATION.—Except as pro-
vided in paragraph (2), a health insurance issuer of-
fering health insurance coverage in the individual
market shall not request or require predictive genetic
information concerning any individual (including a
dependent) or a family member of the individual (in-
cluding information about a request for or receipt of
genetic services).
‘‘(2) INFORMATION
NEEDED
FOR
DIAGNOSIS,
TREATMENT, OR PAYMENT.—
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‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), a health insurance issuer offering
health insurance coverage in the individual mar-
ket that provides health care items and services
to an individual or dependent may request (but
may not require) that such individual or de-
pendent disclose, or authorize the collection or
disclosure of, predictive genetic information for
purposes of diagnosis, treatment, or payment re-
lating to the provision of health care items and
services to such individual or dependent.
‘‘(B) NOTICE
OF
CONFIDENTIALITY
PRAC-
TICES AND DESCRIPTION OF SAFEGUARDS.—As a
part of a request under subparagraph (A), the
health insurance issuer offering health insurance
coverage in the individual market shall provide
to the individual or dependent a description of
the procedures in place to safeguard the con-
fidentiality, as described in subsection (d), of
such predictive genetic information.
‘‘(d) CONFIDENTIALITY
WITH
RESPECT
TO
PRE-
DICTIVE GENETIC INFORMATION.—
‘‘(1) NOTICE OF CONFIDENTIALITY PRACTICES.—
‘‘(A) PREPARATION OF WRITTEN NOTICE.—
A health insurance issuer offering health insur-
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ance coverage in the individual market shall post
or provide, in writing and in a clear and con-
spicuous manner, notice of the issuer’s confiden-
tiality practices, that shall include—
‘‘(i) a description of an individual’s
rights with respect to predictive genetic in-
formation;
‘‘(ii) the procedures established by the
issuer for the exercise of the individual’s
rights; and
‘‘(iii) the right to obtain a copy of the
notice of the confidentiality practices re-
quired under this subsection.
‘‘(B) MODEL
NOTICE.—The Secretary, in
consultation with the National Committee on
Vital and Health Statistics and the National As-
sociation of Insurance Commissioners, and after
notice and opportunity for public comment, shall
develop and disseminate model notices of con-
fidentiality practices. Use of the model notice
shall serve as a defense against claims of receiv-
ing inappropriate notice.
‘‘(2) 
ESTABLISHMENT
OF
SAFEGUARDS.—A
health insurance issuer offering health insurance cov-
erage in the individual market shall establish and
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maintain appropriate administrative, technical, and
physical safeguards to protect the confidentiality, se-
curity, accuracy, and integrity of predictive genetic
information created, received, obtained, maintained,
used, transmitted, or disposed of by such issuer.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to—
(1) group health plans, and health insurance
coverage offered in connection with group health
plans, for plan years beginning after 1 year after the
date of enactment of this Act; and
(2) health insurance coverage offered, sold,
issued, renewed, in effect, or operated in the indi-
vidual market after 1 year after the date of enactment
of this Act.
SEC. 904. AMENDMENTS TO THE INTERNAL REVENUE
CODE OF 1986. (a) PROHIBITION OF HEALTH DISCRIMINA-
TION ON THE BASIS OF GENETIC INFORMATION OR GE-
NETIC SERVICES.—
(1) NO ENROLLMENT RESTRICTION FOR GENETIC
SERVICES.—Section 9802(a)(1)(F) of the Internal
Revenue Code of 1986 is amended by inserting before
the period the following: ‘‘(including information
about a request for or receipt of genetic services)’’.
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(2) NO
DISCRIMINATION
IN
GROUP
PREMIUMS
BASED ON PREDICTIVE GENETIC INFORMATION.—
(A) IN GENERAL.—Subchapter B of chapter
100 of the Internal Revenue Code of 1986 is fur-
ther amended by adding at the end the following:
‘‘SEC. 
9813. 
PROHIBITING 
PREMIUM 
DISCRIMINATION
AGAINST GROUPS ON THE BASIS OF PRE-
DICTIVE GENETIC INFORMATION.
‘‘A group health plan shall not adjust premium or con-
tribution amounts for a group on the basis of predictive
genetic information concerning any individual (including
a dependent) or a family member of the individual (includ-
ing information about a request for or receipt of genetic
services).’’.
(B) 
CONFORMING
AMENDMENT.—Section
9802(b) of the Internal Revenue Code of 1986 is
amended by adding at the end the following:
‘‘(3) REFERENCE TO RELATED PROVISION.—For
a provision prohibiting the adjustment of premium or
contribution amounts for a group under a group
health plan on the basis of predictive genetic informa-
tion (including information about a request for or the
receipt of genetic services), see section 9813.’’.
(C) AMENDMENT TO TABLE OF SECTIONS.—
The table of sections for subchapter B of chapter
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100 of the Internal Revenue Code of 1986 is
amended by adding at the end the following:
‘‘Sec. 9813. Prohibiting premium discrimination against groups on the basis of
predictive genetic information.’’.
(b) LIMITATION ON COLLECTION OF PREDICTIVE GE-
NETIC INFORMATION.—Section 9802 of the Internal Rev-
enue Code of 1986 is amended by adding at the end the
following:
‘‘(d) COLLECTION OF PREDICTIVE GENETIC INFORMA-
TION.—
‘‘(1) LIMITATION ON REQUESTING OR REQUIRING
PREDICTIVE GENETIC INFORMATION.—Except as pro-
vided in paragraph (2), a group health plan shall not
request or require predictive genetic information con-
cerning any individual (including a dependent) or a
family member of the individual (including informa-
tion about a request for or receipt of genetic services).
‘‘(2) INFORMATION
NEEDED
FOR
DIAGNOSIS,
TREATMENT, OR PAYMENT.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), a group health plan that provides
health care items and services to an individual
or dependent may request (but may not require)
that such individual or dependent disclose, or
authorize the collection or disclosure of, pre-
dictive genetic information for purposes of diag-
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nosis, treatment, or payment relating to the pro-
vision of health care items and services to such
individual or dependent.
‘‘(B) NOTICE
OF
CONFIDENTIALITY
PRAC-
TICES; DESCRIPTION
OF
SAFEGUARDS.—As a
part of a request under subparagraph (A), the
group health plan shall provide to the individual
or dependent a description of the procedures in
place to safeguard the confidentiality, as de-
scribed in subsection (e), of such predictive ge-
netic information.
‘‘(e) CONFIDENTIALITY WITH RESPECT TO PREDICTIVE
GENETIC INFORMATION.—
‘‘(1) NOTICE OF CONFIDENTIALITY PRACTICES.—
‘‘(A) PREPARATION OF WRITTEN NOTICE.—
A group health plan shall post or provide, in
writing and in a clear and conspicuous manner,
notice of the plan’s confidentiality practices, that
shall include—
‘‘(i) a description of an individual’s
rights with respect to predictive genetic in-
formation;
‘‘(ii) the procedures established by the
plan for the exercise of the individual’s
rights; and
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‘‘(iii) the right to obtain a copy of the
notice of the confidentiality practices re-
quired under this subsection.
‘‘(B) MODEL
NOTICE.—The Secretary, in
consultation with the National Committee on
Vital and Health Statistics and the National As-
sociation of Insurance Commissioners, and after
notice and opportunity for public comment, shall
develop and disseminate model notices of con-
fidentiality practices. Use of the model notice
shall serve as a defense against claims of receiv-
ing inappropriate notice.
‘‘(2) 
ESTABLISHMENT
OF
SAFEGUARDS.—A
group health plan shall establish and maintain ap-
propriate administrative, technical, and physical
safeguards to protect the confidentiality, security, ac-
curacy, and integrity of predictive genetic informa-
tion created, received, obtained, maintained, used,
transmitted, or disposed of by such plan.’’.
(c) DEFINITIONS.—Section 9832(d) of the Internal
Revenue Code of 1986 is amended by adding at the end
the following:
‘‘(6) FAMILY MEMBER.—The term ‘family mem-
ber’ means, with respect to an individual—
‘‘(A) the spouse of the individual;
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‘‘(B) a dependent child of the individual,
including a child who is born to or placed for
adoption with the individual; and
‘‘(C) all other individuals related by blood
to the individual or the spouse or child described
in subparagraph (A) or (B).
‘‘(7) GENETIC INFORMATION.—The term ‘genetic
information’ means information about genes, gene
products, or inherited characteristics that may derive
from an individual or a family member (including
information about a request for or receipt of genetic
services).
‘‘(8) GENETIC
SERVICES.—The term ‘genetic
services’ means health services provided to obtain, as-
sess, or interpret genetic information for diagnostic
and therapeutic purposes, and for genetic education
and counseling.
‘‘(9) PREDICTIVE GENETIC INFORMATION.—
‘‘(A) IN GENERAL.—The term ‘predictive ge-
netic information’ means, in the absence of
symptoms, clinical signs, or a diagnosis of the
condition related to such information—
‘‘(i) information about an individual’s
genetic tests;
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‘‘(ii) information about genetic tests of
family members of the individual; or
‘‘(iii) information about the occurrence
of a disease or disorder in family members.
‘‘(B) EXCEPTIONS.—The term ‘predictive
genetic information’ shall not include—
‘‘(i) information about the sex or age of
the individual;
‘‘(ii) information derived from phys-
ical tests, such as the chemical, blood, or
urine analyses of the individual including
cholesterol tests; and
‘‘(iii) 
information 
about 
physical
exams of the individual.
‘‘(10) GENETIC TEST.—The term ‘genetic test’
means the analysis of human DNA, RNA, chro-
mosomes, proteins, and certain metabolites, including
analysis of genotypes, mutations, phenotypes, or
karyotypes, for the purpose of predicting risk of dis-
ease in asymptomatic or undiagnosed individuals.
Such term does not include physical tests, such as the
chemical, blood, or urine analyses of the individual
including cholesterol tests, and physical exams of the
individual, in order to detect symptoms, clinical
signs, or a diagnosis of disease.’’.
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(d) EFFECTIVE DATE.—Except as provided in this sec-
tion, this section and the amendments made by this section
shall apply with respect to group health plans for plan
years beginning after 1 year after the date of the enactment
of this Act.
DIVISION B—HEALTH CARE AC-
CESS AND PROTECTIONS FOR
CONSUMERS
SEC. 2001. SHORT TITLE.
This division may be cited as the ‘‘Patients’ Bill of
Rights Plus Act’’.
TITLE XXI—TAX-RELATED
HEALTH CARE PROVISIONS
Subtitle A—Health Care and Long-
Term Care
SEC. 2101. DEDUCTION FOR HEALTH AND LONG-TERM CARE
INSURANCE COSTS OF INDIVIDUALS NOT
PARTICIPATING 
IN 
EMPLOYER-SUBSIDIZED
HEALTH PLANS.
(a) IN GENERAL.—Part VII of subchapter B of chapter
1 of the Internal Revenue Code of 1986 is amended by redes-
ignating section 222 as section 223 and by inserting after
section 221 the following new section:
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‘‘SEC. 222. HEALTH AND LONG-TERM CARE INSURANCE
COSTS.
‘‘(a) IN GENERAL.—In the case of an individual, there
shall be allowed as a deduction an amount equal to the ap-
plicable percentage of the amount paid during the taxable
year for insurance which constitutes medical care for the
taxpayer and the taxpayer’s spouse and dependents.
‘‘(b) APPLICABLE PERCENTAGE.—
‘‘(1) IN GENERAL.—For purposes of subsection
(a), the applicable percentage shall be determined in
accordance with the following table:
‘‘For taxable years beginning
The applicable
in calendar year—
percentage is—
2002 and 2003 ...................................................................................
2004 .....................................................................................................
2005 .....................................................................................................
2006 and thereafter ............................................................................
100.
‘‘(2) LONG-TERM CARE INSURANCE FOR INDIVID-
UALS 60 YEARS OR OLDER.—In the case of amounts
paid for a qualified long-term care insurance contract
for an individual who has attained age 60 before the
close of the taxable year, the applicable percentage is
100.
‘‘(c) LIMITATION BASED ON OTHER COVERAGE.—
‘‘(1) COVERAGE
UNDER
CERTAIN
SUBSIDIZED
EMPLOYER PLANS.—
‘‘(A) IN GENERAL.—Subsection (a) shall not
apply to any taxpayer for any calendar month
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for which the taxpayer participates in any
health plan maintained by any employer of the
taxpayer or of the spouse of the taxpayer if 50
percent or more of the cost of coverage under
such plan (determined under section 4980B and
without regard to payments made with respect to
any coverage described in subsection (e)) is paid
or incurred by the employer.
‘‘(B) EMPLOYER CONTRIBUTIONS TO CAFE-
TERIA
PLANS, FLEXIBLE
SPENDING
ARRANGE-
MENTS, AND MEDICAL SAVINGS ACCOUNTS.—Em-
ployer contributions to a cafeteria plan, a flexi-
ble spending or similar arrangement, or a med-
ical savings account which are excluded from
gross income under section 106 shall be treated
for purposes of subparagraph (A) as paid by the
employer.
‘‘(C) AGGREGATION
OF
PLANS
OF
EM-
PLOYER.—A health plan which is not otherwise
described in subparagraph (A) shall be treated as
described in such subparagraph if such plan
would be so described if all health plans of per-
sons treated as a single employer under sub-
section (b), (c), (m), or (o) of section 414 were
treated as one health plan.
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‘‘(D) SEPARATE APPLICATION TO HEALTH
INSURANCE AND LONG-TERM CARE INSURANCE.—
Subparagraphs (A) and (C) shall be applied sep-
arately with respect to—
‘‘(i) plans which include primarily
coverage for qualified long-term care serv-
ices or are qualified long-term care insur-
ance contracts, and
‘‘(ii) plans which do not include such
coverage and are not such contracts.
‘‘(2) COVERAGE UNDER CERTAIN FEDERAL PRO-
GRAMS.—
‘‘(A) IN GENERAL.—Subsection (a) shall not
apply to any amount paid for any coverage for
an individual for any calendar month if, as of
the first day of such month, the individual is
covered under any medical care program de-
scribed in—
‘‘(i) title XVIII, XIX, or XXI of the So-
cial Security Act,
‘‘(ii) chapter 55 of title 10, United
States Code,
‘‘(iii) chapter 17 of title 38, United
States Code,