To express the sense of Congress that the removal of the Government of Saddam Hussein has enhanced the security of Israel and other United States allies.

TEXT OF AMENDMENTS

SA 1800. Mr. SPECTER submitted an amendment intended to be proposed
by him to the bill S. 1689, making emergency supplemental
appropriations for Iraq and Afghanistan security and reconstruction for
the fiscal year ending

[[Page S12388]]

September 30, 2004, and for other purposes; which was ordered to lie on
the table; as follows:

On page 22, between lines 12 and 13, insert the following:
Sec. 316. (a) In addition to other purposes for which funds
in the Iraq Freedom Fund are available, such funds shall also
be available for reimbursing a member of the Armed Forces for
the cost of air fare incurred by the member for any travel by
the member within the United States that is commenced during
fiscal year 2003 or fiscal year 2004 and is completed during
either such fiscal year while the member is on rest and
recuperation leave from deployment overseas in support of
Operation Iraqi Freedom and Operation Enduring Freedom, but
only for one round trip by air between two locations within
the United States.
(b) It is the sense of Congress that the commercial airline
industry should, to the maximum extent practicable, charge
members of the Armed Forces on rest and recuperation leave as
described in subsection (a) and their families specially
discounted, lowest available fares for air travel in
connection with such leave and that any restrictions and
limitations imposed by the airlines in connection with the
air fares charged for such travel should be minimal.
______

SA 1801. Mr. SMITH submitted an amendment intended to be proposed by
him to the bill S. 1585, making appropriations for Departments of
Commerce, Justice, and State, the Judiciary, and related agencies for
the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

On page 38, between lines 20 and 21, insert the following
new section:
Sec. 2313. (a) Congress makes the following findings:
(1) The United States armed forces entered Iraq on March
19, 2003 to liberate the Iraqi people from Saddam Hussein and
remove a threat to global security and stability.
(2) Having liberated the country from its prior regime, the
United States and its coalition partners now have the
temporary responsibility of rebuilding Iraq's infrastructure
and economy until a new Iraqi government can take over this
work.
(3) During the long reign of Saddam Hussein many public and
private entities extended billions of dollars in loans to his
regime despite his record of aggression and barbarism. Such
debts must not be permitted to burden the new Iraq that is
now emerging or be a factor in shaping current efforts to
rebuild Iraq.
(4) Pursuant to basic principles of bankruptcy law, such
prior creditors are no longer entitled to repayment of their
loans. These creditors extended money to a debtor regime that
no longer exists and is the functional equivalent of a
bankrupt estate.
(5) Pursuant to basic principles of equity, the people of
Iraq must not be burdened with the obligation of repaying
loans that funded the very regime that oppressed them.
(6) Entities which extended financial support to the regime
of Saddam Hussein after his record of military aggression and
war crimes became public did so contrary to international
norms of decency and United States foreign policy. Those who
thus aided and abetted Saddam Hussein were accessories before
the fact to the atrocities committed by Saddam Hussein and
should not be rewarded with repayment of their loans.
(7) United Nations Security Council Resolution 1483, which
passed unanimously on May 22, 2003, specifically provides
that all proceeds from the sale of Iraqi oil be deposited
into a United States-controlled development fund for the
reconstruction of Iraq.
(8) Pursuant to United Nations Security Council Resolution
1483, the United States has an obligation to use revenue
generated by the sale of Iraqi oil to fund the reconstruction
of Iraq.
(9) Pursuant to basic principles of bankruptcy law, the
United States is entitled to priority repayment of any loans
the United States now extends to Iraq. Such loans are the
equivalent of debtor-in-possession financing because the
loans are being extended to an already distressed entity in
order to help that entity rebuild. Loans made under such
circumstances are traditionally repaid before any previously
extended loans.
(10) Pursuant to basic principles of secured transactions,
the United States is entitled to priority repayment of any
loans it now extends to Iraq. The United States is currently
in control of Iraq and its assets and is therefore a secured
creditor, a creditor in physical possession of collateral,
entitled to priority repayment.
(11) Pursuant to the norms of international financial aid,
the United States is entitled to priority repayment of any
loans it extends to Iraq. The role of the United States in
Iraq is analogous to the role of the International Monetary
Fund and the World Bank in extending credit to a distressed
country to help it achieve solvency. Such International
Monetary Fund and World Bank loans are repaid prior to any
pre-existing loans.
(12) Extending loans instead of outright grants to Iraq
will not lend credibility to any assertion that the United
States liberated Iraq merely to gain control of its oil
assets. The United States seeks to use Iraqi oil revenues for
one purpose only, namely, to rebuild Iraq for the good of the
Iraqi people. The United States will not use these assets to
pay for its own military expenses in Iraq (which far exceed
the cost of reconstruction). Nor will the United States take
any Iraqi assets with it when it leaves the country.
(13) Extending loans instead of outright grants to Iraq
will not make it more difficult for the United States to
secure participation from other potential donor nations in
the rebuilding of Iraq. If the United States provides all
reconstruction funds in advance in the form of grants, there
will be little need or incentive for other donor nations to
contribute funds. If the United States provides only loans,
however, it leaves open the question of whether and how much
all donor nations, including the United States, should
provide to Iraq in the form of grants.
(14) The United States does not typically fund the
development projects of other nations with outright grants.
When Israel undertakes a major new infrastructure or
development project, for example, the United States assists
Israel by providing loan guarantees. Such loan guarantees
have no cost to United States taxpayers if Israel repays its
loans. Iraq should be treated no better than allies of the
United States such as Israel.
(b) Of the amount appropriated in title II under the
subheading ``Iraq Relief and Reconstruction Fund'' under the
heading ``OTHER BILATERAL ECONOMIC ASSISTANCE FUNDS
APPROPRIATED TO THE PRESIDENT'', $20,304,000,000 shall be
used as loans to, or used to guarantee loans entered into by,
the Development Fund for Iraq acting on behalf of the people
of Iraq. The Development Fund for Iraq shall act in
consultation with the Governing Council in Iraq, or any
successor governing authority in Iraq, and shall, as provided
in United Nations Security Council Resolution 1483, be
subject to audits supervised by the International Advisory
and Monitoring Board of the Development Fund for Iraq. The
members of such Board shall include duly qualified
representatives of the United Nations Secretary General, of
the Managing Director of the International Monetary Fund, of
the Director General of the Arab Fund for Social and Economic
Development, and the President of the World Bank.
______

SA 1802. Mr. COLEMAN (for himself, Mr. Dayton, Mr. Stevens, Mr.
Dorgan, Mr. Kennedy, Mr. Johnson, Mr. Corzine, Ms. Collins, Mr. Graham
of South Carolina, Mr. Conrad, Mr. Sununu, Mr. Allen, Mr. Byrd, Mr.
Pryor, Mrs. Boxer, Mr. Bunning, Mr. Leahy, and Mr. Nelson of Florida)
proposed an amendment to the bill S. 1689, making emergency
supplemental appropriations for Iraq and Afghanistan security and
reconstruction for the fiscal year ending September 30, 2004, and for
other purposes; as follows:

On page 54, between lines 7 and 8, insert the following new
section:
Sec. 215. Of the amount provided for the National Marine
Fisheries Service in this title under the subheading
``operations, research, and facilities'' under the heading
``National Oceanic and Atmospheric Administration'',
$20,556,000 shall be available for Columbia River hatchery
operations for Pacific Salmon as follows:
(1) $13,587,000 for hatcheries and facilities;
(2) $2,052,000 for monitoring, evaluation, and reform; and
(3) $4,917,000 for other facilities.
______

SA. 1803. Mr. LEAHY (for himself and Mr. Daschle) proposed an
amendment to the bill S. 1689, making emergency supplemental
appropriations for Iraq and Afghanistan security and reconstruction for
the fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 25, line 21, before the colon, insert the
following:
: Provided further, That beginning not later than 60 days
after enactment of this Act, the Administrator of the
Coalition Provisional Authority shall report to and be under
the direct authority and foreign policy guidance of the
Secretary of State
______

SA 1804. Mr. DAYTON submitted an amendment intended to be proposed by
him to the bill S. 1689, making emergency supplemental appropriations
for Iraq and Afghanistan security and reconstruction for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title I, insert the following:
Sec. 316. (a) Expansion of Rest and Recuperation Leave
Program.--The Secretary of Defense shall expand the Central
Command Rest and Recuperation Leave program to provide travel
and transportation allowances to each member of the Armed
Forces participating in the program in order to permit such
member to travel at the expense of the United States from an
original airport of debarkation to the permanent station or
home of such member and back to such airport.
(b) Allowances Authorized.--The travel and transportation
allowances that may be provided under subsection (a) are the
travel and transportation allowances specified in section
404(d) of title 37, United States Code.
(c) Construction With Other Allowances.--Travel and
transportation allowances provided for travel under
subsection

[[Page S12389]]

(a) are in addition to any other travel and transportation or
other allowances that may be provided for such travel by law.
(d) Definitions.--In this section:
(1) The term ``Central Command Rest and Recuperation Leave
program'' means the Rest and Recuperation Leave program for
certain members of the Armed Forces serving in the Iraqi
theater of operations in support of Operation Iraqi Freedom
as established by the United States Central Command on
September 25, 2003.
(2) The term ``original airport of debarkation'' means an
airport designated as an airport of debarkation for members
of the Armed Forces under the Central Command Rest and
Recuperation Leave program as of the establishment of such
program on September 25, 2003.
(e) Funding.--Amounts appropriated or otherwise made
available by chapter 1 of this title under the heading ``Iraq
Freedom Fund'' shall be available to carry out this section:
Provided, That the amount is designated by Congress as an
emergency requirement pursuant to section 502 of House
Concurrent Resolution 95 (108th Congress), the concurrent
resolution on the budget for fiscal year 2004: Provided
further, That the amount shall be made available only to the
extent an official budget request for a specific dollar
amount that includes designation of the entire amount of the
request as an emergency requirement, as defined in House
Concurrent Resolution 95, is transmitted by the President to
Congress.
______

SA 1805. Mr. GRAHAM of South Carolina submitted an amendment intended
to be proposed by him to the bill S. 1689, making emergency
supplemental appropriations for Iraq and Afghanistan security and
reconstruction for the fiscal year ending September 30, 2004, and for
other purposes; which was ordered to lie on the table; as follows:

On page 38, between lines 20 and 21, insert the following:
Sec. 2313. (a) Congress finds that--
(1) in a speech delivered to the United Nations on
September 23, 2003, President George W. Bush appealed to the
international community to take action to make the world a
safer and better place;
(2) in that speech, President Bush emphasized the
responsibility of the international community to help the
people of Iraq rebuild their country into a free and
democratic state;
(3) French President Jacques Chirac has proposed a plan for
Iraqi self-rule within a period of months;
(4) for a plan for Iraq's future to be appropriate, the
provisions of that plan must be consistent with the best
interests of the Iraqi people;
(5) the plan proposed by President Chirac would impose
premature self-government in Iraq that could threaten peace
and stability in that country; and
(6) premature self-government could make the Iraqi state
inherently weak and could serve as an invitation for
terrorists to sabotage the accomplishments of the United
States and United States allies in the region.
(b) It is the sense of Congress that--
(1) arbitrary deadlines should not be set for the
dissolution of the Coalition Provisional Authority or the
transfer of its authority to an Iraqi governing authority;
and
(2) no such dissolution or transfer of authority should
occur until the ratification of an Iraqi constitution and the
establishment of an elected government in Iraq.
______

SA 1806. Mr. GRAHAM of South Carolina submitted an amendment intended
to be proposed by him to the bill S. 1689, making emergency
supplemental appropriations for Iraq and Afghanistan security and
reconstruction for the fiscal year ending September 30, 2003, and for
other purposes; which was ordered to lie on the table; as follows:

On page 39, between lines 2 and 3, insert the following:
Sec. 3002. (a) Congress finds that--
(1) Israel is a strategic ally of the United States in the
Middle East;
(2) Israel recognizes the benefits of a democratic form of
government;
(3) the policies and activities of the Government of Iraq
under the Saddam Hussein regime contributed to security
concerns in the Middle East, especially for Israel;
(4) the Arab Liberation Front was established by Iraqi
Baathists, and supported by Saddam Hussein;
(5) the Government of Iraq under the Saddam Hussein regime
assisted the Arab Liberation Front in distributing grants to
the families of suicide bombers;
(6) the Government of Iraq under the Saddam Hussein regime
aided Abu Abass, leader of the Palestinian Liberation Front,
who was a mastermind of the hijacking of the Achille Lauro,
an Italian cruise ship, and is responsible for the death of
an American tourist aboard that ship; and
(7) Saddam Hussein attacked Israel during the 1990-1991
Persian Gulf War by launching 39 Scud missiles into that
country and thereby causing multiple casualties.
(b) It is the sense of Congress that Operation Iraqi
Freedom promotes the security of Israel and other United
States allies.
______

SA 1807. Mr. CHAFEE (for himself and Mr. Leahy) submitted an
amendment intended to be proposed by him to the bill S. 1689, making
emergency supplemental appropriations for Iraq and Afghanistan security
and reconstruction for the fiscal year ending September 30, 2004, and
for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 29, strike line 13 and all that follows
through page 31, line 5, and insert the following:

International Disaster Assistance and Military Assistance

For an additional amount for ``International Disaster
Assistance'' for relief, rehabilitation, and reconstruction
assistance for Liberia, and for an additional amount for
military assistance programs for Liberia for which funds were
appropriated by title III of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2003
(division E of Public Law 108-7; 117 Stat. 176),
$200,000,000, to remain available until expended, of which
$100,000,000 shall be derived by transfer from funds
appropriated in this title under the subheading ``Iraq Relief
and Reconstruction Fund'' under the heading ``OTHER BILATERAL
ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT'':
Provided, That the entire amount made available under this
heading is designated by the Congress as an emergency
requirement pursuant to section 502 of House Concurrent
Resolution 95, 108th Congress, 1st session.
______

SA 1808. Mr. VOINOVICH (for himself and Mr. Lott) submitted an
amendment intended to be proposed by him to the bill S. 1689, making
emergency supplemental appropriations for Iraq and Afghanistan security
and reconstruction for the fiscal year ending September 30, 2004, and
for other purposes; as follows:

On page 38, between lines 20 and 21, insert the following
new section:
Sec. 2313. Not later than 120 days after the date of the
enactment of this Act, the President shall submit to Congress
a report on the efforts of the Government of the United
States to increase the resources contributed by foreign
countries and international organizations to the
reconstruction of Iraq and the feasibility of repayment of
funds contributed for infrastructure projects in Iraq. The
report shall include--
(1) a description of efforts by the Government of the
United States to increase the resources contributed by
foreign countries and international organizations to the
reconstruction of Iraq;
(2) an accounting of the funds contributed to assist in the
reconstruction of Iraq, disaggregated by donor;
(3) an assessment of the effect that--
(A) the bilateral debts incurred during the regime of
Saddam Hussein have on Iraq's ability to finance essential
programs to rebuild infrastructure and restore critical
public services, including health care and education, in
Iraq; and
(B) forgiveness of such debts would have on the
reconstruction and long-term prosperity in Iraq;
(4) a description of any commitment by a foreign country or
international organization to forgive any part of a debt owed
by Iraq if such debt was incurred during the regime of Saddam
Hussein; and
(5) an assessment of the feasibility of repayment by Iraq--
(A) of bilateral debts incurred during the regime of Saddam
Hussein; and
(B) of the funds contributed by the United States to
finance infrastructure projects in Iraq.
______

SA 1809. Ms. MIKULSKI submitted an amendment intended to be proposed
by her to the bill S. 1689, making emergency supplemental
appropriations for Iraq and Afghanistan security and reconstruction for
the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. __. The amount appropriated by title __ of this Act
under the heading ``Research, Development, Test, and
Evaluation, Army'' is hereby increased by $30,000,000, with
the amount of the increase to be available for the Walter
Reed Army Institute of Research (WRAIR) for malaria research
and vaccine development.
______

SA 1810. Ms. MIKULSKI submitted an amendment intended to be proposed
by her to the bill S. 1689, making emergency supplemental
appropriations for Iraq and Afghanistan security and reconstruction for
the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. __. The amount appropriated by title __ of this Act
under the heading ``Operation and Maintenance, Navy'' is
hereby increased by $27,300,000, with the amount of the
increase to be available for recovery, repair, and
restoration with respect to storm damage at the United States
Naval Academy, Maryland, relating to Hurricane Isabel.

[[Page S12390]]

______

SA 1811. Mr. CORZINE submitted an amendment intended to be proposed
by him to the bill S. 1689, making emergency supplemental
appropriations for Iraq and Afghanistan security and reconstruction for
the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

On page 22, between lines 12 and 13, insert the following:
Sec. 316. (a) Section 12731(a)(1) of title 10, United
States Code, is amended by striking ``at least 60 years of
age'' and inserting ``at least 55 years of age''.
(b) With respect to any provision of law, or of any policy,
regulation, or directive of the executive branch, that refers
to a member or former member of the uniformed services as
being eligible for, or entitled to, retired pay under chapter
1223 of title 10, United States Code, but for the fact that
the member or former member is under 60 years of age, such
provision shall be carried out with respect to that member or
former member by substituting for the reference to being 60
years of age a reference to the age in effect for
qualification for such retired pay under section 12731(a) of
title 10, United States Code, as amended by subsection (a).
(c) The amendment made by subsection (a) shall take effect
on the first day of the first month beginning on or after the
date of the enactment of this Act and shall apply to retired
pay payable for that month and subsequent months.
______

SA 1812. Mr. REED (for himself, Mr. Bayh, and Mr. Kennedy) submitted
an amendment intended to be proposed by him to the bill S. 1689, making
emergency supplemental appropriations for Iraq and Afghanistan security
and reconstruction for the fiscal year ending September 30, 2004, and
for other purposes; as follows:

On page 22, between lines 12 and 13, insert the following:
Sec. 316. (a) The amount appropriated under chapter 1 of
this title for the Army for procurement under the heading
``Other Procurement, Army'', is hereby increased by
$191,100,000. The additional amount shall be available for
the procurement of 800 High Mobility Multipurpose Wheeled
Vehicles in addition to the number of such vehicles for which
funds are provided within the amount specified under such
heading.
(b) The Secretary of the Army shall reevaluate the
requirements of the Army for armored security vehicles and
the options available to the Army for procuring armored
security vehicles to meet the validated requirements.
(c) The amount appropriated for the Iraq Freedom Fund under
chapter 1 of this title is hereby reduced by $191,100,000.
______

SA 1813. Mr. KENNEDY (for himself, Mr. Kerry, and Mr. Gregg)
submitted an amendment intended to be proposed by him to the bill S.
1689, making emergency supplemental appropriations for Iraq and
Afghanistan security and reconstruction for the fiscal year ending
September 30, 2004, and for other purposes; which was ordered to lie on
the table; as follows:

On page 22, between lines 12 and 13, insert the following:
Sec. 316. In addition to other purposes for which funds in
the Iraq Freedom Fund are available, such funds shall also be
available for reimbursing members of the Armed Forces who, as
determined by the Secretary of Defense, at any time during
fiscal year 2003 or 2004 purchased nonrefundable airline
tickets for travel during rest and recuperation leave between
the theater of operations for Operation Iraqi Freedom or
Operation Enduring Freedom and the United States on the basis
of guidance provided to them under command authority
regarding travel during rest and recuperation leave, if the
members have not commenced the travel by reason of modified
guidance provided to them under command authority.
______

SA 1814. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 1689, making emergency supplemental appropriations
for Iraq and Afghanistan security and reconstruction for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

On page 25, line 21, before the colon, insert the
following:
: Provided further, That none of the funds appropriated
under this heading may be allocated for any capital project,
including construction of a prison, hospital, housing
community, railroad, or government building, until the
Coalition Provisional Authority submits a report to the
Committees on Appropriations describing in detail the
estimated costs (including the costs of consultants, design,
materials, shipping, and labor) on which the request for
funds for such project is based: Provided further, That in
order to control costs, to the maximum extent practicable
Iraqis with the necessary qualifications shall be consulted
and utilized in the design and implementation of programs,
projects, and activities funded under this heading
______

SA 1815. Mr. BAYH (for himself and Mr. Nelson of Nebraska) submitted
an amendment intended to be proposed by him to the bill S. 1689, making
emergency supplemental appropriations for Iraq and Afghanistan security
and reconstruction for the fiscal year ending September 30, 2004, and
for other purposes; which was ordered to lie on the table; as follows:

On page 38, between lines 20 and 21, insert the following
new section:
Sec. 2313. (a) The funds appropriated in title II under the
subheading ``Iraq Relief and Reconstruction Fund'' under the
heading ``OTHER BILATERAL ECONOMIC ASSISTANCE FUNDS
APPROPRIATED TO THE PRESIDENT'', other than such funds
allocated for security, may not be obligated or expended
before each country that is owed bilateral debt incurred by
the regime of Saddam Hussein forgives such debt.
(b) On the date that is 180 days after the date of the
enactment of this Act, any funds referred to in subsection
(a) that have not been obligated or expended by reason of the
limitation in such subsection shall be transferred to an
account to be available to the President for use as a loan to
the Governing Council in Iraq, as described in subsection
(c).
(c)(1) The President is authorized to use any amount
transferred under subsection (b) to make loans to the
Governing Council in Iraq. Any such loan shall be made under
a loan agreement that--
(A) is fairly negotiated between the Government of the
United States and the Governing Council in Iraq; and
(B) includes a provision that requires any debt incurred by
the regime of Saddam Hussein to be subordinated to the debt
incurred through the receiving of a loan under this
subsection.
(2) The purposes for which the proceeds of loans made under
paragraph (1) are used may include reconstruction in Iraq.
(d) In this section, the term ``Governing Council in Iraq''
means the Governing Council established in Iraq on July 13,
2003, or any successor governing authority in Iraq.
______

SA 1816. Mr. DASCHLE (for himself, Mr. Graham of South Carolina, Mr.
Leahy, Mr. Stevens, Mr. Bond, Mr. Burns, Mr. Warner, Mrs. Clinton, Mr.
DeWine, Mr. Chambliss, Mr. Hagel, Mr. Reid, and Mr. Allen) submitted an
amendment intended to be proposed by him to the bill S. 1689, making
emergency supplemental appropriations for Iraq and Afghanistan security
and reconstruction for the fiscal year ending September 30, 2004, and
for other purposes; as follows:

At the appropriate place insert the following:
Sec. 316. (a) Section 1074a of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(f)(1) At any time after the Secretary concerned notifies
members of the Ready Reserve that the members are to be
called or ordered to active duty, the administering
Secretaries may provide to each such member any medical and
dental screening and care that is necessary to ensure that
the member meets the applicable medical and dental standards
for deployment.
``(2) The Secretary concerned shall promptly transmit to
each member of the Ready Reserve eligible for screening and
care under this subsection a notification of eligibility for
such screening and care.
``(3) A member provided medical or dental screening or care
under paragraph (1) may not be charged for the screening or
care.
``(4) Screening and care may not be provided under this
section after September 30, 2004.''.
(b) The benefits provided under the amendment made by
subsection (a) shall be provided only within funds available
under this Act.
Sec. 317. (a) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1076a the following new
section:

``Sec. 1076b. TRICARE program: coverage for members of the
Ready Reserve

``(a) Eligibility.--Each member of the Selected Reserve of
the Ready Reserve and each member of the Individual Ready
Reserve described in section 10144(b) of this title is
eligible, subject to subsection (h), to enroll in TRICARE and
receive benefits under such enrollment for any period that
the member--
``(1) is an eligible unemployment compensation recipient;
or
``(2) is not eligible for health care benefits under an
employer-sponsored health benefits plan.
``(b) Types of Coverage.--(1) A member eligible under
subsection (a) may enroll for either of the following types
of coverage:
``(A) Self alone coverage.
``(B) Self and family coverage.
``(2) An enrollment by a member for self and family covers
the member and the dependents of the member who are described
in subparagraph (A), (D), or (I) of section 1072(2) of this
title.
``(c) Open Enrollment Periods.--The Secretary of Defense
shall provide for at least one open enrollment period each
year. During an open enrollment period, a member eligible
under subsection (a) may enroll in the

[[Page S12391]]

TRICARE program or change or terminate an enrollment in the
TRICARE program.
``(d) Scope of Care.--(1) A member and the dependents of a
member enrolled in the TRICARE program under this section
shall be entitled to the same benefits under this chapter as
a member of the uniformed services on active duty or a
dependent of such a member, respectively.
``(2) Section 1074(c) of this title shall apply with
respect to a member enrolled in the TRICARE program under
this section.
``(e) Premiums.--(1) The Secretary of Defense shall charge
premiums for coverage pursuant to enrollments under this
section. The Secretary shall prescribe for each of the
TRICARE program options a premium for self alone coverage and
a premium for self and family coverage.
``(2) The monthly amount of the premium in effect for a
month for a type of coverage under this section shall be the
amount equal to 28 percent of the total amount determined by
the Secretary on an appropriate actuarial basis as being
reasonable for the coverage.
``(3) The premiums payable by a member under this
subsection may be deducted and withheld from basic pay
payable to the member under section 204 of title 37 or from
compensation payable to the member under section 206 of such
title. The Secretary shall prescribe the requirements and
procedures applicable to the payment of premiums by members
not entitled to such basic pay or compensation.
``(4) Amounts collected as premiums under this subsection
shall be credited to the appropriation available for the
Defense Health Program Account under section 1100 of this
title, shall be merged with sums in such Account that are
available for the fiscal year in which collected, and shall
be available under subparagraph (B) of such section for such
fiscal year.
``(f) Other Charges.--A person who receives health care
pursuant to an enrollment in a TRICARE program option under
this section, including a member who receives such health
care, shall be subject to the same deductibles, copayments,
and other nonpremium charges for health care as apply under
this chapter for health care provided under the same TRICARE
program option to dependents described in subparagraph (A),
(D), or (I) of section 1072(2) of this title.
``(g) Termination of Enrollment.--(1) A member enrolled in
the TRICARE program under this section may terminate the
enrollment only during an open enrollment period provided
under subsection (c), except as provided in subsection (h).
``(2) An enrollment of a member for self alone or for self
and family under this section shall terminate on the first
day of the first month beginning after the date on which the
member ceases to be eligible under subsection (a).
``(3) The enrollment of a member under this section may be
terminated on the basis of failure to pay the premium charged
the member under this section.
``(h) Relationship to Transition TRICARE Coverage Upon
Separation From Active Duty.--(1) A member may not enroll in
the TRICARE program under this section while entitled to
transitional health care under subsection (a) of section 1145
of this title or while authorized to receive health care
under subsection (c) of such section.
``(2) A member who enrolls in the TRICARE program under
this section within 90 days after the date of the termination
of the member's entitlement or eligibility to receive health
care under subsection (a) or (c) of section 1145 of this
title may terminate the enrollment at any time within one
year after the date of the enrollment.
``(i) Certification of Noncoverage by Other Health Benefits
Plan.--The Secretary of Defense may require a member to
submit any certification that the Secretary considers
appropriate to substantiate the member's assertion that the
member is not covered for health care benefits under any
other health benefits plan.
``(j) Eligible Unemployment Compensation Recipient
Defined.--In this section, the term `eligible unemployment
compensation recipient' means, with respect to any month, any
individual who is determined eligible for any day of such
month for unemployment compensation under State law (as
defined in section 205(9) of the Federal-State Extended
Unemployment Compensation Act of 1970), including Federal
unemployment compensation laws administered through the
State.
``(k) Regulations.--The Secretary of Defense, in
consultation with the other administering Secretaries, shall
prescribe regulations for the administration of this section.
``(l) Termination of Authority.--An enrollment in TRICARE
under this section may not continue after September 30,
2004.''.
(b) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1076a the following new item:

``1076b. TRICARE program: coverage for members of the Ready Reserve.''.
(c) The benefits provided under section 1076b of title 10,
United States Code (as added by subsection (a)), shall be
provided only within funds available under this Act.
Sec. 318. (a)(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1078a the
following new section:

``Sec. 1078b. Continuation of non-TRICARE health benefits
plan coverage for certain Reserves called or ordered to
active duty and their dependents

``(a) Payment of Premiums.--The Secretary concerned shall
pay the applicable premium to continue in force any qualified
health benefits plan coverage for an eligible reserve
component member for the benefits coverage continuation
period if timely elected by the member in accordance with
regulations prescribed under subsection (j).
``(b) Eligible Member.--A member of a reserve component is
eligible for payment of the applicable premium for
continuation of qualified health benefits plan coverage under
subsection (a) while serving on active duty pursuant to a
call or order issued under a provision of law referred to in
section 101(a)(13)(B) of this title during a war or national
emergency declared by the President or Congress.
``(c) Qualified Health Benefits Plan Coverage.--For the
purposes of this section, health benefits plan coverage for a
member called or ordered to active duty is qualified health
benefits plan coverage if--
``(1) the coverage was in force on the date on which the
Secretary notified the member that issuance of the call or
order was pending or, if no such notification was provided,
the date of the call or order;
``(2) on such date, the coverage applied to the member and
dependents of the member described in subparagraph (A), (D),
or (I) of section 1072(2) of this title; and
``(3) the coverage has not lapsed.
``(d) Applicable Premium.--The applicable premium payable
under this section for continuation of health benefits plan
coverage in the case of a member is the amount of the premium
payable by the member for the coverage of the member and
dependents.
``(e) Maximum Amount.--The total amount that the Department
of Defense may pay for the applicable premium of a health
benefits plan for a member under this section in a fiscal
year may not exceed the amount determined by multiplying--
``(1) the sum of one plus the number of the member's
dependents covered by the health benefits plan, by
``(2) the per capita cost of providing TRICARE coverage and
benefits for dependents under this chapter for such fiscal
year, as determined by the Secretary of Defense.
``(f) Benefits Coverage Continuation Period.--The benefits
coverage continuation period under this section for qualified
health benefits plan coverage in the case of a member called
or ordered to active duty is the period that--
``(1) begins on the date of the call or order; and
``(2) ends on the earlier of--
``(A) the date on which the member's eligibility for
transitional health care under section 1145(a) of this title
terminates under paragraph (3) of such section;
``(B) the date on which the member elects to terminate the
continued qualified health benefits plan coverage of the
dependents of the member; or
``(C) September 30, 2004.
``(g) Extension of Period of COBRA Coverage.--
Notwithstanding any other provision of law--
``(1) any period of coverage under a COBRA continuation
provision (as defined in section 9832(d)(1) of the Internal
Revenue Code of 1986) for a member under this section shall
be deemed to be equal to the benefits coverage continuation
period for such member under this section; and
``(2) with respect to the election of any period of
coverage under a COBRA continuation provision (as so
defined), rules similar to the rules under section
4980B(f)(5)(C) of such Code shall apply.
``(h) Nonduplication of Benefits.--A dependent of a member
who is eligible for benefits under qualified health benefits
plan coverage paid on behalf of a member by the Secretary
concerned under this section is not eligible for benefits
under the TRICARE program during a period of the coverage for
which so paid.
``(i) Revocability of Election.--A member who makes an
election under subsection (a) may revoke the election. Upon
such a revocation, the member's dependents shall become
eligible for benefits under the TRICARE program as provided
for under this chapter.
``(j) Regulations.--The Secretary of Defense shall
prescribe regulations for carrying out this section. The
regulations shall include such requirements for making an
election of payment of applicable premiums as the Secretary
considers appropriate.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1078a the following new item:

``1078b. Continuation of non-TRICARE health benefits plan coverage for
certain Reserves called or ordered to active duty and
their dependents.''.
(b) Section 1078b of title 10, United States Code (as added
by subsection (a)), shall apply with respect to calls or
orders of members of reserve components of the Armed Forces
to active duty as described in subsection (b) of such
section, that are issued by the Secretary of a military
department before, on, or after the date of the enactment of
this Act, but only with respect to qualified health benefits
plan coverage (as described in subsection (c) of such
section) that is in effect on or after the date of the
enactment of this Act.
(c) The benefits provided under section 1078b of title 10,
United States Code (as added by subsection (a)), shall be
provided only within funds available under this Act.

[[Page S12392]]

Sec. 319. (a) Section 1074 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(d)(1) For the purposes of this chapter, a member of a
reserve component of the armed forces who is issued a
delayed-effective-date active-duty order, or is covered by
such an order, shall be treated as being on active duty for a
period of more than 30 days beginning on the later of the
date that is--
``(A) the date of the issuance of such order; or
``(B) 90 days before date on which the period of active
duty is to commence under such order for that member.
``(2) In this subsection, the term `delayed-effective-date
active-duty order' means an order to active duty for a period
of more than 30 days in support of a contingency operation
under a provision of law referred to in section 101(a)(13)(B)
of this title that provides for active-duty service to begin
under such order on a date after the date of the issuance of
the order.
``(3) This section shall cease to be effective on September
30, 2004.''.
(b) The benefits provided under the amendment made by
subsection (a) shall be provided only within funds available
under this Act.
Sec. 320. (a) Subject to subsection (b), during the period
beginning on the date of the enactment of this Act and ending
on September 30, 2004, section 1145(a) of title 10, United
States Code, shall be administered by substituting for
paragraph (3) the following:
``(3) Transitional health care for a member under
subsection (a) shall be available for 180 days beginning on
the date on which the member is separated from active
duty.''.
(b)(1) Subsection (a) shall apply with respect to
separations from active duty that take effect on or after the
date of the enactment of this Act.
(2) Beginning on October 1, 2004, the period for which a
member is provided transitional health care benefits under
section 1145(a) of title 10, United States Code, shall be
adjusted as necessary to comply with the limits provided
under paragraph (3) of such section.
(c) The benefits provided under this section shall be
provided only within funds available under this Act.
______

SA 1817. Mr. DODD (for himself and Mr. Corzine) proposed an amendment
to the bill S. 1689, making emergency supplemental appropriations for
Iraq and Afghanistan security and reconstruction for the fiscal year
ending September 30, 2004, and for other purposes; as follows:

On page 2, line 20, strike ``$24,946,464,000:'' and insert
``$25,268,464,000, of which $322,000,000 shall be available
to provide safety equipment through the Rapid Fielding
Initiative and the Iraqi Battlefield Clearance program:''.

On page 25, line 10, strike ``$5,136,000,000'' and insert
``$4,884,000,000''.

On page 25, line 16, strike ``$353,000,000'' and insert
``$283,000,000''.
______

SA 1818. Mr. BYRD (for himself, Mr. Kennedy, and Mr. Leahy) proposed
an amendment to the bill S. 1689, making emergency supplemental
appropriations for Iraq and Afghanistan security and reconstruction for
the fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 38, between lines 20 and 21, insert the following:
Sec. 2313. (a)(1) Of the funds appropriated under chapter 2
of this title under the heading ``Iraq Relief and
Reconstruction Fund''--
(A) not more than $5,000,000,000 may be obligated or
expended before April 1, 2004; and
(B) the excess of the total amount so appropriated over
$5,000,000,000 may not be obligated or expended after April
1, 2004, unless--
(i) the President submits to Congress in writing the
certifications described in subsection (b); and
(ii) Congress enacts an appropriations law (other than this
Act) that authorizes the obligation and expenditure of such
funds.
(2) Paragraph (1) does not apply to the $5,136,000,000
provided under the heading ``Iraq Relief and Reconstruction
Fund'' for security, including public safety requirements,
national security, and justice (which includes funds for
Iraqi border enforcement, enhanced security communications,
and the establishment of Iraqi national security forces and
the Iraq Defense Corps).
(b) The certifications referred to in subsection (a)(1)(A)
are as follows:
(1) A certification that the United Nations Security
Council has adopted a resolution (after the adoption of
United Nations Security Council Resolution 1483 of May 22,
2003, and after the adoption of United Nations Security
Council Resolution 1500 of August 14, 2003) that authorizes a
multinational force under United States leadership for post-
Saddam Hussein Iraq, provides for a central role for the
United Nations in the political and economic development and
reconstruction of Iraq, and will result in substantially
increased contributions of military forces and amounts of
money by other countries to assist in the restoration of
security in Iraq and the reconstruction of Iraq.
(2) A certification that the United States reconstruction
activities in Iraq are being successfully implemented in
accordance with a detailed plan (which includes fixed
timetables and costs), and with a significant commitment of
financial assistance from other countries, for--
(A) the establishment of economic and political stability
in Iraq, including prompt restoration of basic services, such
as water and electricity services;
(B) the adoption of a democratic constitution in Iraq;
(C) the holding of local and national elections in Iraq;
(D) the establishment of a democratically elected
government in Iraq that has broad public support; and
(E) the establishment of Iraqi security and armed forces
that are fully trained and appropriately equipped and are
able to defend Iraq and carry out other security duties
without the involvement of the United States Armed Forces.
(c) Not later than March 1, 2004, the President shall
submit to Congress a report on United States and foreign
country involvement in Iraq that includes the following
information:
(1) The number of military personnel from other countries
that, as of such date, are supporting Operation Iraqi
Freedom, together with an estimate of the number of such
personnel to be in place in Iraq for that purpose on May 1,
2004.
(2) The total amounts of financial donations pledged and
paid by other countries for the reconstruction of Iraq.
(3) A description of the economic, political, and military
situation in Iraq, including the number, type, and location
of attacks on Coalition, United Nations and Iraqi military,
public safety, and civilian personnel in the 60 days
preceding the date of the report.
(4) A description of the measures taken to protect United
States military personnel serving in Iraq.
(5) A detailed plan, containing fixed timetables and costs,
for establishing civil, economic, and political security in
Iraq, including restoration of basic services, such as water
and electricity services.
(6) An estimate of the total number of United States and
foreign military personnel that are necessary in the short
term and the long term to bring to Iraq stability and
security for its reconstruction, including the prevention of
sabotage that impedes the reconstruction efforts.
(7) An estimate of the duration of the United States
military presence in Iraq and the levels of United States
military personnel strength that will be necessary for that
presence for each of the future 6-month periods, together
with a rotation plan for combat divisions, combat support
units. and combat service support units.
(8) An estimate of the total cost to the United States of
the military presence in Iraq that includes--
(A) the estimated incremental costs of the United States
active duty forces deployed in Iraq and neighboring
countries;
(B) the estimated costs of United States reserve component
forces mobilized for service in Iraq and in neighboring
countries;
(C) the estimated costs of replacing United States military
equipment being used in Iraq; and
(D) the estimated costs of support to be provided by the
United States to foreign troops in Iraq.
(9) An estimate of the total financial cost of the
reconstruction of Iraq, together with--
(A) an estimate of the percentage of such cost that would
be paid by the United States and a detailed accounting
specified for major categories of cost; and
(B) the amounts of contributions pledged and paid by other
countries, specified in major categories.
(10) A strategy for securing significant additional
international financial support for the reconstruction of
Iraq, including a discussion of the progress made in
implementing the strategy.
(11) A schedule, including fixed timetables and costs, for
the establishment of Iraqi security and armed forces that are
fully trained and appropriately equipped and are able to
defend Iraq and carry out other security duties without the
involvement of the United States Armed Forces.
(12) An estimated schedule for the withdrawal of United
States and foreign armed forces from Iraq.
(13) An estimated schedule for--
(A) the adoption of a democratic constitution in Iraq;
(B) the holding of democratic local and national elections
in Iraq;
(C) the establishment of a democratically elected
government in Iraq that has broad public support; and
(D) the timely withdrawal of United States and foreign
armed forces from Iraq.
(d) Every 90 days after the submission of the report under
subsection (c), the President shall submit to Congress an
update of that report. The requirement for updates under the
preceding sentence shall terminate upon the withdrawal of the
United States Armed Forces (other than diplomatic security
detachment personnel) from Iraq.
(e) The report under subsection (c) and the updates under
subsection (d) shall be submitted in unclassified form.
______

SA 1819. Mr. BYRD (for himself and Mr. Durbin) submitted an amendment
intended to be proposed by him to the bill S. 1689, making emergency
supplemental appropriations for Iraq and Afghanistan security and
reconstruction

[[Page S12393]]

for the fiscal year ending September 30, 2004, and for other purposes;
as follows:

At the appropriate place in Title III, insert the
following:

SEC. __.

(a) None of the funds under the heading Iraq Relief and
Reconstruction Fund may be used for: a Facilities Protection
Service Professional Standards and Training Program; any
amount in excess of $50,000,000 for completion of irrigation
and drainage systems; construction of water supply dams; any
amount in excess of $25,000,000 for the construction of
regulators for the Hawizeh Marsh; any amount in excess of
$50,000,000 for a witness protection program; Postal
Information Technology Architecture and Systems, including
establishment of ZIP codes; civil aviation infrastructure
cosmetics, such as parking lots, escalators and glass;
museums and memorials; wireless fidelity networks for the
Iraqi Telephone Postal Company; any amount in excess of
$50,000,000 for construction of housing units; any amount in
excess of $100,000,000 for an American-Iraqi Enterprise Fund;
any amount in excess of $75,000,000 for expanding a network
of employment centers, for on-the-job training, for computer
literacy training, English as a Second Language or for
Vocational Training Institutes or catch-up business training;
any amount in excess of $782,500,000 for the purchase of
petroleum product imports.
(b) Notwithstanding any other provision of this Act,
amounts made available under the heading Iraq Relief and
Reconstruction Fund shall be reduced by $600,000,000.
(c) In addition to the amounts otherwise made available in
this Act, $600,000,000 shall be made available for Operation
and Maintenance, Army: Provided, That these funds are
available only for the purpose of securing and destroying
conventional munitions in Iraq, such as bombs, bomb
materials, small arms, rocket propelled grenades, and
shoulder-launched missiles.
______

SA 1820. Ms. COLLINS (for herself, Mr. Wyden, Mr. Enzi, Mr.
Lieberman, Mr. Lautenberg, Mrs. Feinstein, Mr. Akaka, Mrs. Clinton, Mr.
Byrd, Mr. McCain, and Mr. Levin) proposed an amendment to the bill S.
1689, making emergency supplemental appropriations for Iraq and
Afghanistan security and reconstruction for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

On page 39, between lines 2 and 3, insert the following:
Sec. 3002. (a) None of the funds appropriated by this Act
may be obligated or expended by the head of an executive
agency for payments under any contract or other agreement
described in subsection (b) that is not entered into with
full and open competition unless, not later than 30 days
after the date on which the contract or other agreement is
entered into, such official--
(1) submits a report on the contract or other agreement to
the Committees on Armed Services, on Governmental Affairs,
and on Appropriations of the Senate, and the Committees on
Armed Services, on Government Reform, and on Appropriations
of the House of Representatives; and
(2) publishes such report in the Federal Register and the
Commerce Business Daily.
(b) This section applies to any contract or other agreement
in excess of $1,000,000 that is entered into with any public
or private sector entity for any of the following purposes:
(1) To build or rebuild physical infrastructure of Iraq.
(2) To establish or reestablish a political or societal
institution of Iraq.
(3) To provide products or services to the people of Iraq.
(4) To perform personnel support services in Iraq,
including related construction and procurement of products,
in support of members of the Armed Forces and United States
civilian personnel.
(c) The report on a contract or other agreement of an
executive agency under subsection (a) shall include the
following information:
(1) The amount of the contract or other agreement.
(2) A brief discussion of the scope of the contract or
other agreement.
(3) A discussion of how the executive agency identified,
and solicited offers from, potential contractors to perform
the contract, together with a list of the potential
contractors that were issued solicitations for the offers.
(4) The justification and approval documents on which was
based the determination to use procedures other than
procedures that provide for full and open competition.
(d) The limitation on use of funds in subsection (a) shall
not apply in the case of any contract or other agreement
entered into by the head of an executive agency for which
such official--
(1) either--
(A) withholds from publication and disclosure as described
in such subsection any document or other collection of
information that is classified for restricted access in
accordance with an Executive order in the interest of
national defense or foreign policy; or
(B) redacts any part so classified that is in a document or
other collection of information not so classified before
publication and disclosure of the document or other
information as described in such subsection; and
(2) transmits an unredacted version of the document or
other collection of information, respectively, to the
chairman and ranking member of each of the Committees on
Governmental Affairs and on Appropriations of the Senate, the
Committees on Government Reform and on Appropriations of the
House of Representatives, and the committees that the head of
such executive agency determines has legislative jurisdiction
for the operations of such executive agency to which the
document or other collection of information relates.
(e)(1)(A) In the case of any contract or other agreement
for which the Secretary of Defense determines that it is
necessary to do so in the national security interests of the
United States, the Secretary may waive the limitation in
subsection (a), but only on a case-by-case basis.
(B) For each contract or other agreement for which the
Secretary of Defense grants a waiver under this paragraph,
the Secretary shall submit a notification of the contract or
other agreement and the grant of the waiver, together with a
discussion of the justification for the waiver, to the
committees of Congress named in subsection (a)(1).
(2)(A) In the case of any contract or other agreement for
which the Director of Central Intelligence determines that it
is necessary to do so in the national security interests of
the United States related to intelligence, the Director may
waive the limitation in subsection (a), but only on a case-
by-case basis.
(B) For each contract or other agreement for which the
Director of Central Intelligence grants a waiver under this
paragraph, the Director shall submit a notification of the
contract or other agreement and of the grant of the waiver,
together with a discussion of the justification for the
waiver, to the Select Committee on Intelligence, the
Committee on Appropriations, and the Committee on
Governmental Affairs of the Senate and to the Permanent
Select Committee on Intelligence, the Committee on
Appropriations, and the Committee on Governmental Reform of
the House of Representatives.
(f) Nothing in this section shall be construed as affecting
obligations to disclose United States Government information
under any other provision of law.
(g) In this section--
(1) the term ``full and open competition'' has the meaning
given such term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403);
(2) the term ``executive agency'' has the meaning given
such term in section 105 of title 5, United States Code, and
includes the Coalition Provisional Authority for Iraq; and
(3) the term ``Coalition Provisional Authority for Iraq''
means the entity charged by the President with directing
reconstruction efforts in Iraq.
______

SA 1821. Mr. STEVENS proposed an amendment to the bill S. 1689,
making emergency supplemental appropriations for Iraq and Afghanistan
security and reconstruction for the fiscal year ending September 30,
2004, and for other purposes; as follows:

Strike section 309.
______

SA 1822. Mr. REID (for Mrs. Murray (for herself and Mr. Durbin))
proposed an amendment to the bill S. 1689, making emergency
supplemental appropriations for Iraq and Afghanistan security and
reconstruction for the fiscal year ending September 30, 2004, and for
other purposes; as follows:

On page __, between lines __ and __, insert the following
new section:

SEC. __. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN
AFGHANISTAN AND IRAQ.

(a) Governance.--Activities carried out by the United
States with respect to the civilian governance of Afghanistan
and Iraq shall, to the maximum extent practicable
(1) include the perspectives and advice of women's
organizations in Afghanistan and Iraq, respectively;
(2) promote the inclusion of a representative number of
women in future legislative bodies to ensure that the full
range of human rights for women are included and upheld in
any constitution or legal institution of Afghanistan and
Iraq, respectively; and
(3) encourage the appointment of women to high level
positions within ministries in Afghanistan and Iraq,
respectively.
(b) Post-Conflict Reconstruction and Development.--
Activities carried out by the United States with respect to
post-conflict stability in Afghanistan and Iraq shall to the
maximum extent practicable--
(1) encourage the United States organizations that receive
funds made available by this Act to (a) partner with or
create counterpart organizations led by Afghans and Iraqis,
respectively, and (b) to provide such counterpart
organizations with significant financial resources, technical
assistance, and capacity building;
(2) increase the access of women to, or ownership by women
of, productive assets such as land, water, agricultural
inputs, credit, and property in Afghanistan and Iraq,
respectively;

[[Page S12394]]

(3) provide long-term financial assistance for education
for girls and women in Afghanistan and Iraq, respectively;
and
(4) integrate education and training programs for former
combatants in Afghanistan and Iraq, respectively, with
economic development programs to--
(A) encourage the reintegration of such former combatants
into society; and
(B) promote post-conflict stability in Afghanistan and
Iraq, respectively.
(c) Military and Police.--Activities carried out by the
United States with respect to training for military and
police forces in Afghanistan and Iraq shall--
(1) include training on the protection, rights, and
particular needs of women and emphasize that violations of
women's rights are intolerable and should be prosecuted; and
(2) encourage the personnel providing the training
described in paragraph (1) to consult with women's
organizations in Afghanistan and Iraq, respectively, to
ensure that training content and materials are adequate,
appropriate, and comprehensive.
______

SA 1823. Mr. REID (for Ms. Stabenow (for herself, Mr. Durbin, Mrs.
Boxer, Mr. Johnson, and Mr. Schumer)) proposed an amendment to the bill
S. 1689, making emergency supplemental appropriations for Iraq and
Afghanistan security and reconstruction for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. A MONTH FOR AMERICA.

(a) Veterans Healthcare.--For an additional amount for
veterans healthcare programs and activities carried out by
the Secretary of Veterans Affairs, $1,800,000,000 to remain
available until expended.
(b) School Construction.--
(1) In general.--For an additional amount for the Fund for
the Improvement of Education under part D of title V of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7241 et seq.), $1,000,000,000 for such fund that shall be
used by the Secretary of Education to award formula grants to
State educational agencies to enable such State educational
agencies--
(A) to expand existing structures to alleviate overcrowding
in public schools;
(B) to make renovations or modifications to existing
structures necessary to support alignment of curriculum with
State standards in mathematics, reading or language arts, or
science in public schools served by such agencies;
(C) to make emergency repairs or renovations necessary to
ensure the safety of students and staff and to bring public
schools into compliance with fire and safety codes;
(D) to make modifications necessary to render public
schools in compliance with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794);
(E) to abate or remove asbestos, lead, mold, and other
environmental factors in public schools that are associated
with poor cognitive outcomes in children; and
(F) to renovate, repair, and acquire needs related to
infrastructure of charter schools.
(2) Amount of grant.--The Secretary of Education shall
allocate amounts available for grants under this subsection
to States in proportion to the funds received by the States,
respectively, for the previous fiscal year under part A of
title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311 et seq).
(c) Healthcare.--For an additional amount for healthcare
programs and activities carried out through Federally
qualified health centers (as defined in section 1861(aa) of
the Social Security Act (42 U.S.C. 1395x(aa))), $103,000,000
to remain available until expended.
(d) Transportation and Job Creation.--
(1) In general.--For an additional amount for
transportation and job creation activities--
(A) $1,500,000,000 for capital investments for Federal-aid
highways to remain available until expended; and
(B) $600,000,000 for mass transit capital and operating
grants to remain available until expended.
(2) Priority.--In allocating amounts appropriated under
paragraph (1), the Secretary of Transportation shall give
priority to Federal-aid highway and mass transit projects
that can be commenced within 90 days of the date on which
such amounts are allocated.
(b) Offset.--Each amount appropriated under title II under
the heading ``OTHER BILATERAL ECONOMIC ASSISTANCE--FUNDS
APPROPRIATED TO THE PRESIDENT--Iraq Relief and Reconstruction
Fund'' (other than the amount appropriated for Iraqi border
enforcement and enhanced security communications and the
amount appropriated for the establishment of an Iraqi
national security force and Iraqi Defense Corps) shall be
reduced on a pro rata basis by $5,030,000,000.
(c) Sense of the Senate.--It is the sense of the Senate
that Congress should consider an additional $5,030,000,000
funding for Iraq relief and reconstruction during the fiscal
year 2005 budget and appropriations process.
______

SA 1824. Mr. FRIST (for Ms. Snowe (for herself, Mr. Frist, Mr.
Daschle, Mr. Gregg, Mr. Kennedy, Mr. Jeffords, Mr. Enzi, Mr. Dodd, Mr.
DeWine, Mr. Harkin, Ms. Collins, Mrs. Murray, Mr. Hagel, Ms. Cantwell,
Mr. Hatch, Mr. Lautenberg, Mr. Lugar, and Mr. Kerry)) proposed an
amendment to the bill S. 1053, to prohibit discrimination on the basis
of genetic information with respect to health insurance and employment;
as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Genetic
Information Nondiscrimination Act of 2003''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

TITLE I--GENETIC NONDISCRIMINATION IN HEALTH INSURANCE

Sec. 101. Amendments to Employee Retirement Income Security Act of
1974.
Sec. 102. Amendments to the Public Health Service Act.
Sec. 103. Amendments to the Internal Revenue Code of 1986.
Sec. 104. Amendments to title XVIII of the Social Security Act relating
to medigap.
Sec. 105. Privacy and confidentiality.
Sec. 106. Assuring coordination.
Sec. 107. Regulations; effective date.

TITLE II--PROHIBITING EMPLOYMENT DISCRIMINATION ON THE BASIS OF GENETIC
INFORMATION

Sec. 201. Definitions.
Sec. 202. Employer practices.
Sec. 203. Employment agency practices.
Sec. 204. Labor organization practices.
Sec. 205. Training programs.
Sec. 206. Confidentiality of genetic information.
Sec. 207. Remedies and enforcement.
Sec. 208. Disparate impact.
Sec. 209. Construction.
Sec. 210. Medical information that is not genetic information.
Sec. 211. Regulations.
Sec. 212. Authorization of appropriations.
Sec. 213. Effective date.

TITLE III--MISCELLANEOUS PROVISION

Sec. 301. Severability.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) Deciphering the sequence of the human genome and other
advances in genetics open major new opportunities for medical
progress. New knowledge about the genetic basis of illness
will allow for earlier detection of illnesses, often before
symptoms have begun. Genetic testing can allow individuals to
take steps to reduce the likelihood that they will contract a
particular disorder. New knowledge about genetics may allow
for the development of better therapies that are more
effective against disease or have fewer side effects than
current treatments. These advances give rise to the potential
misuse of genetic information to discriminate in health
insurance and employment.
(2) The early science of genetics became the basis of State
laws that provided for the sterilization of persons having
presumed genetic ``defects'' such as mental retardation,
mental disease, epilepsy, blindness, and hearing loss, among
other conditions. The first sterilization law was enacted in
the State of Indiana in 1907. By 1981, a majority of States
adopted sterilization laws to ``correct'' apparent genetic
traits or tendencies. Many of these State laws have since
been repealed, and many have been modified to include
essential constitutional requirements of due process and
equal protection. However, the current explosion in the
science of genetics, and the history of sterilization laws by
the States based on early genetic science, compels
Congressional action in this area.
(3) Although genes are facially neutral markers, many
genetic conditions and disorders are associated with
particular racial and ethnic groups and gender. Because some
genetic traits are most prevalent in particular groups,
members of a particular group may be stigmatized or
discriminated against as a result of that genetic
information. This form of discrimination was evident in the
1970s, which saw the advent of programs to screen and
identify carriers of sickle cell anemia, a disease which
afflicts African-Americans. Once again, State legislatures
began to enact discriminatory laws in the area, and in the
early 1970s began mandating genetic screening of all African
Americans for sickle cell anemia, leading to discrimination
and unnecessary fear. To alleviate some of this stigma,
Congress in 1972 passed the National Sickle Cell Anemia
Control Act, which withholds Federal funding from States
unless sickle cell testing is voluntary.
(4) Congress has been informed of examples of genetic
discrimination in the workplace. These include the use of
pre-employment genetic screening at Lawrence Berkeley
Laboratory, which led to a court decision in favor of the
employees in that case Norman-Bloodsaw v. Lawrence Berkeley
Laboratory (135 F.3d 1260, 1269 (9th Cir. 1998)). Congress
clearly has a compelling public interest in relieving the
fear of discrimination and in prohibiting its actual practice
in employment and health insurance.

[[Page S12395]]

(5) Federal law addressing genetic discrimination in health
insurance and employment is incomplete in both the scope and
depth of its protections. Moreover, while many States have
enacted some type of genetic non-discrimination law, these
laws vary widely with respect to their approach, application,
and level of protection. Congress has collected substantial
evidence that the American public and the medical community
find the existing patchwork of State and Federal laws to be
confusing and inadequate to protect them from discrimination.
Therefore Federal legislation establishing a national and
uniform basic standard is necessary to fully protect the
public from discrimination and allay their concerns about the
potential for discrimination, thereby allowing individuals to
take advantage of genetic testing, technologies, research,
and new therapies.

TITLE I--GENETIC NONDISCRIMINATION IN HEALTH INSURANCE

SEC. 101. AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY
ACT OF 1974.

(a) Prohibition of Health Discrimination on the Basis of
Genetic Information or Genetic Services.--
(1) No enrollment restriction for genetic services.--
Section 702(a)(1)(F) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1182(a)(1)(F)) is amended by
inserting before the period the following: ``(including
information about a request for or receipt of genetic
services by an individual or family member of such
individual)''.
(2) No discrimination in group premiums based on genetic
information.--Section 702(b) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1182(b)) is amended--
(A) in paragraph (2)(A), by inserting before the semicolon
the following: ``except as provided in paragraph (3)''; and
(B) by adding at the end the following:
``(3) No discrimination in group premiums based on genetic
information.--For purposes of this section, a group health
plan, or a health insurance issuer offering group health
insurance coverage in connection with a group health plan,
shall not adjust premium or contribution amounts for a group
on the basis of genetic information concerning an individual
in the group or a family member of the individual (including
information about a request for or receipt of genetic
services by an individual or family member of such
individual).''.
(b) Limitations on Genetic Testing.--Section 702 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1182) is amended by adding at the end the following:
``(c) Genetic Testing.--
``(1) Limitation on requesting or requiring genetic
testing.--A group health plan, or a health insurance issuer
offering health insurance coverage in connection with a group
health plan, shall not request or require an individual or a
family member of such individual to undergo a genetic test.
``(2) Rule of construction.--Nothing in this part shall be
construed to--
``(A) limit the authority of a health care professional who
is providing health care services with respect to an
individual to request that such individual or a family member
of such individual undergo a genetic test;
``(B) limit the authority of a health care professional who
is employed by or affiliated with a group health plan or a
health insurance issuer and who is providing health care
services to an individual as part of a bona fide wellness
program to notify such individual of the availability of a
genetic test or to provide information to such individual
regarding such genetic test; or
``(C) authorize or permit a health care professional to
require that an individual undergo a genetic test.
``(d) Application to All Plans.--The provisions of
subsections (a)(1)(F), (b)(3), and (c) shall apply to group
health plans and health insurance issuers without regard to
section 732(a).''.
(c) Remedies and Enforcement.--Section 502 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1132) is
amended by adding at the end the following:
``(n) Enforcement of Genetic Nondiscrimination
Requirements.--
``(1) Injunctive relief for irreparable harm.--With respect
to any violation of subsection (a)(1)(F), (b)(3), or (c) of
section 702, a participant or beneficiary may seek relief
under subsection 502(a)(1)(B) prior to the exhaustion of
available administrative remedies under section 503 if it is
demonstrated to the court, by a preponderance of the
evidence, that the exhaustion of such remedies would cause
irreparable harm to the health of the participant or
beneficiary. Any determinations that already have been made
under section 503 in such case, or that are made in such case
while an action under this paragraph is pending, shall be
given due consideration by the court in any action under this
subsection in such case.
``(2) Equitable relief for genetic nondiscrimination.--
``(A) Reinstatement of benefits where equitable relief has
been awarded.--The recovery of benefits by a participant or
beneficiary under a civil action under this section may
include an administrative penalty under subparagraph (B) and
the retroactive reinstatement of coverage under the plan
involved to the date on which the participant or beneficiary
was denied eligibility for coverage if--
``(i) the civil action was commenced under subsection
(a)(1)(B); and
``(ii) the denial of coverage on which such civil action
was based constitutes a violation of subsection (a)(1)(F),
(b)(3), or (c) of section 702.
``(B) Administrative penalty.--
``(i) In general.--An administrator who fails to comply
with the requirements of subsection (a)(1)(F), (b)(3), or (c)
of section 702 with respect to a participant or beneficiary
may, in an action commenced under subsection (a)(1)(B), be
personally liable in the discretion of the court, for a
penalty in the amount not more than $100 for each day in the
noncompliance period.
``(ii) Noncompliance period.--For purposes of clause (i),
the term `noncompliance period' means the period--

``(I) beginning on the date that a failure described in
clause (i) occurs; and
``(II) ending on the date that such failure is corrected.

``(iii) Payment to participant or beneficiary.--A penalty
collected under this subparagraph shall be paid to the
participant or beneficiary involved.
``(3) Secretarial enforcement authority.--
``(A) General rule.--The Secretary has the authority to
impose a penalty on any failure of a group health plan to
meet the requirements of subsection (a)(1)(F), (b)(3), or (c)
of section 702.
``(B) Amount.--
``(i) In general.--The amount of the penalty imposed by
subparagraph (A) shall be $100 for each day in the
noncompliance period with respect to each individual to whom
such failure relates.
``(ii) Noncompliance period.--For purposes of this
paragraph, the term `noncompliance period' means, with
respect to any failure, the period--

``(I) beginning on the date such failure first occurs; and
``(II) ending on the date such failure is corrected.

``(C) Minimum penalties where failure discovered.--
Notwithstanding clauses (i) and (ii) of subparagraph (D):
``(i) In general.--In the case of 1 or more failures with
respect to an individual--

``(I) which are not corrected before the date on which the
plan receives a notice from the Secretary of such violation;
and
``(II) which occurred or continued during the period
involved;

the amount of penalty imposed by subparagraph (A) by reason
of such failures with respect to such individual shall not be
less than $2,500.
``(ii) Higher minimum penalty where violations are more
than de minimis.--To the extent violations for which any
person is liable under this paragraph for any year are more
than de minimis, clause (i) shall be applied by substituting
`$15,000' for `$2,500' with respect to such person.
``(D) Limitations.--
``(i) Penalty not to apply where failure not discovered
exercising reasonable diligence.--No penalty shall be imposed
by subparagraph (A) on any failure during any period for
which it is established to the satisfaction of the Secretary
that the person otherwise liable for such penalty did not
know, and exercising reasonable diligence would not have
known, that such failure existed.
``(ii) Penalty not to apply to failures corrected within
certain periods.--No penalty shall be imposed by subparagraph
(A) on any failure if--

``(I) such failure was due to reasonable cause and not to
willful neglect; and
``(II) such failure is corrected during the 30-day period
beginning on the first date the person otherwise liable for
such penalty knew, or exercising reasonable diligence would
have known, that such failure existed.

``(iii) Overall limitation for unintentional failures.--In
the case of failures which are due to reasonable cause and
not to willful neglect, the penalty imposed by subparagraph
(A) for failures shall not exceed the amount equal to the
lesser of--

``(I) 10 percent of the aggregate amount paid or incurred
by the employer (or predecessor employer) during the
preceding taxable year for group health plans; or
``(II) $500,000.

``(E) Waiver by secretary.--In the case of a failure which
is due to reasonable cause and not to willful neglect, the
Secretary may waive part or all of the penalty imposed by
subparagraph (A) to the extent that the payment of such
penalty would be excessive relative to the failure
involved.''.
(d) Definitions.--Section 733(d) of the Employee Retirement
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 member' 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.--
``(A) In general.--Except as provided in subparagraph (B),
the term `genetic information' means information about--
``(i) an individual's genetic tests;
``(ii) the genetic tests of family members of the
individual; or
``(iii) the occurrence of a disease or disorder in family
members of the individual.

[[Page S12396]]

``(B) Exclusions.--The term `genetic information' shall not
include information about the sex or age of an individual.
``(7) Genetic test.--
``(A) In general.--The term `genetic test' means an
analysis of human DNA, RNA, chromosomes, proteins, or
metabolites, that detects genotypes, mutations, or
chromosomal changes.
``(B) Exceptions.--The term `genetic test' does not mean--
``(i) an analysis of proteins or metabolites that does not
detect genotypes, mutations, or chromosomal changes; or
``(ii) an analysis of proteins or metabolites that is
directly related to a manifested disease, disorder, or
pathological condition that could reasonably be detected by a
health care professional with appropriate training and
expertise in the field of medicine involved.
``(8) Genetic services.--The term `genetic services'
means--
``(A) a genetic test;
``(B) genetic counseling (such as obtaining, interpreting,
or assessing genetic information); or
``(C) genetic education.''.
(e) Regulations and Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this title, the Secretary of Labor shall issue
final regulations in an accessible format to carry out the
amendments made by this section.
(2) Effective date.--The amendments made by this section
shall apply with respect to group health plans for plan years
beginning after the date that is 18 months after the date of
enactment of this title.

SEC. 102. 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 or genetic services.--
(A) No enrollment restriction for genetic 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 services by an individual
or family member of such individual)''.
(B) No discrimination in group premiums based on genetic
information.--Section 2702(b) of the Public Health Service
Act (42 U.S.C. 300gg-1(b)) is amended--
(i) in paragraph (2)(A), by inserting before the semicolon
the following: ``, except as provided in paragraph (3)''; and
(ii) by adding at the end the following:
``(3) No discrimination in group premiums based on genetic
information.--For purposes of this section, a group health
plan, or a health insurance issuer offering group health
insurance coverage in connection with a group health plan,
shall not adjust premium or contribution amounts for a group
on the basis of genetic information concerning an individual
in the group or a family member of the individual (including
information about a request for or receipt of genetic
services by an individual or family member of such
individual).''.
(2) Limitations on genetic testing.--Section 2702 of the
Public Health Service Act (42 U.S.C. 300gg-1) is amended by
adding at the end the following:
``(c) Genetic Testing.--
``(1) Limitation on requesting or requiring genetic
testing.--A group health plan, or a health insurance issuer
offering health insurance coverage in connection with a group
health plan, shall not request or require an individual or a
family member of such individual to undergo a genetic test.
``(2) Rule of construction.--Nothing in this part shall be
construed to--
``(A) limit the authority of a health care professional who
is providing health care services with respect to an
individual to request that such individual or a family member
of such individual undergo a genetic test;
``(B) limit the authority of a health care professional who
is employed by or affiliated with a group health plan or a
health insurance issuer and who is providing health care
services to an individual as part of a bona fide wellness
program to notify such individual of the availability of a
genetic test or to provide information to such individual
regarding such genetic test; or
``(C) authorize or permit a health care professional to
require that an individual undergo a genetic test.
``(d) Application to All Plans.--The provisions of
subsections (a)(1)(F), (b)(3), and (c) shall apply to group
health plans and health insurance issuers without regard to
section 2721(a).''.
(3) Remedies and enforcement.--Section 2722(b) of the
Public Health Service Act (42 U.S.C. 300gg-22)(b)) is amended
by adding at the end the following:
``(3) Enforcement authority relating to genetic
discrimination.--
``(A) General rule.--In the cases described in paragraph
(1), notwithstanding the provisions of paragraph (2)(C), the
following provisions shall apply with respect to an action
under this subsection by the Secretary with respect to any
failure of a health insurance issuer in connection with a
group health plan, to meet the requirements of subsection
(a)(1)(F), (b)(3), or (c) of section 2702.
``(B) Amount.--
``(i) In general.--The amount of the penalty imposed under
this paragraph shall be $100 for each day in the
noncompliance period with respect to each individual to whom
such failure relates.
``(ii) Noncompliance period.--For purposes of this
paragraph, the term `noncompliance period' means, with
respect to any failure, the period--

``(I) beginning on the date such failure first occurs; and
``(II) ending on the date such failure is corrected.

``(C) Minimum penalties where failure discovered.--
Notwithstanding clauses (i) and (ii) of subparagraph (D):
``(i) In general.--In the case of 1 or more failures with
respect to an individual--

``(I) which are not corrected before the date on which the
plan receives a notice from the Secretary of such violation;
and
``(II) which occurred or continued during the period
involved;

the amount of penalty imposed by subparagraph (A) by reason
of such failures with respect to such individual shall not be
less than $2,500.
``(ii) Higher minimum penalty where violations are more
than de minimis.--To the extent violations for which any
person is liable under this paragraph for any year are more
than de minimis, clause (i) shall be applied by substituting
`$15,000' for `$2,500' with respect to such person.
``(D) Limitations.--
``(i) Penalty not to apply where failure not discovered
exercising reasonable diligence.--No penalty shall be imposed
by subparagraph (A) on any failure during any period for
which it is established to the satisfaction of the Secretary
that the person otherwise liable for such penalty did not
know, and exercising reasonable diligence would not have
known, that such failure existed.
``(ii) Penalty not to apply to failures corrected within
certain periods.--No penalty shall be imposed by subparagraph
(A) on any failure if--

``(I) such failure was due to reasonable cause and not to
willful neglect; and
``(II) such failure is corrected during the 30-day period
beginning on the first date the person otherwise liable for
such penalty knew, or exercising reasonable diligence would
have known, that such failure existed.

``(iii) Overall limitation for unintentional failures.--In
the case of failures which are due to reasonable cause and
not to willful neglect, the penalty imposed by subparagraph
(A) for failures shall not exceed the amount equal to the
lesser of--

``(I) 10 percent of the aggregate amount paid or incurred
by the employer (or predecessor employer) during the
preceding taxable year for group health plans; or
``(II) $500,000.

``(E) Waiver by secretary.--In the case of a failure which
is due to reasonable cause and not to willful neglect, the
Secretary may waive part or all of the penalty imposed by
subparagraph (A) to the extent that the payment of such
penalty would be excessive relative to the failure
involved.''.
(4) 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 member' 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.--
``(A) In general.--Except as provided in subparagraph (B),
the term `genetic information' means information about--
``(i) an individual's genetic tests;
``(ii) the genetic tests of family members of the
individual; or
``(iii) the occurrence of a disease or disorder in family
members of the individual.
``(B) Exclusions.--The term `genetic information' shall not
include information about the sex or age of an individual.
``(17) Genetic test.--
``(A) In general.--The term `genetic test' means an
analysis of human DNA, RNA, chromosomes, proteins, or
metabolites, that detects genotypes, mutations, or
chromosomal changes.
``(B) Exceptions.--The term `genetic test' does not mean--
``(i) an analysis of proteins or metabolites that does not
detect genotypes, mutations, or chromosomal changes; or
``(ii) an analysis of proteins or metabolites that is
directly related to a manifested disease, disorder, or
pathological condition that could reasonably be detected by a
health care professional with appropriate training and
expertise in the field of medicine involved.
``(18) Genetic services.--The term `genetic services'
means--
``(A) a genetic test;
``(B) genetic counseling (such as obtaining, interpreting,
or assessing genetic information); or
``(C) genetic education.''.
(b) Amendment Relating to the Individual Market.--
(1) In general.--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) is amended--
(A) by redesignating such subpart as subpart 2; and
(B) by adding at the end the following:

[[Page S12397]]

``SEC. 2753. PROHIBITION OF HEALTH DISCRIMINATION ON THE
BASIS OF GENETIC INFORMATION.

``(a) Prohibition on Genetic Information as a Condition of
Eligibility.--A health insurance issuer offering health
insurance coverage in the individual market may not establish
rules for the eligibility (including continued eligibility)
of any individual to enroll in individual health insurance
coverage based on genetic information (including information
about a request for or receipt of genetic services by an
individual or family member of such individual).
``(b) Prohibition on Genetic Information in Setting Premium
Rates.--A health insurance issuer offering health insurance
coverage in the individual market shall not adjust premium or
contribution amounts for an individual on the basis of
genetic information concerning the individual or a family
member of the individual (including information about a
request for or receipt of genetic services by an individual
or family member of such individual).
``(c) Genetic Testing.--
``(1) Limitation on requesting or requiring genetic
testing.--A health insurance issuer offering health insurance
coverage in the individual market shall not request or
require an individual or a family member of such individual
to undergo a genetic test.
``(2) Rule of construction.--Nothing in this part shall be
construed to--
``(A) limit the authority of a health care professional who
is providing health care services with respect to an
individual to request that such individual or a family member
of such individual undergo a genetic test;
``(B) limit the authority of a health care professional who
is employed by or affiliated with a health insurance issuer
and who is providing health care services to an individual as
part of a bona fide wellness program to notify such
individual of the availability of a genetic test or to
provide information to such individual regarding such genetic
test; or
``(C) authorize or permit a health care professional to
require that an individual undergo a genetic test.''.
(2) Remedies and Enforcement.--Section 2761(b) of the
Public Health Service Act (42 U.S.C. 300gg-61)(b)) is amended
to read as follows:
``(b) Secretarial Enforcement Authority.--The Secretary
shall have the same authority in relation to enforcement of
the provisions of this part with respect to issuers of health
insurance coverage in the individual market in a State as the
Secretary has under section 2722(b)(2), and section
2722(b)(3) with respect to violations of genetic
nondiscrimination provisions, in relation to the enforcement
of the provisions of part A with respect to issuers of health
insurance coverage in the small group market in the State.''.
(c) Elimination of Option of Non-Federal Governmental Plans
To Be Excepted From Requirements Concerning Genetic
Information.--Section 2721(b)(2) of the Public Health Service
Act (42 U.S. C. 300gg-21(b)(2)) is amended--
(1) in subparagraph (A), by striking ``If the plan
sponsor'' and inserting ``Except as provided in subparagraph
(D), if the plan sponsor''; and
(2) by adding at the end the following:
``(D) Election not applicable to requirements concerning
genetic information.--The election described in subparagraph
(A) shall not be available with respect to the provisions of
subsections (a)(1)(F) and (c) of section 2702 and the
provisions of section 2702(b) to the extent that such
provisions apply to genetic information (or information about
a request for or the receipt of genetic services by an
individual or a family member of such individual).''.
(d) Regulations and Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this title, the Secretary of Labor and the
Secretary of Health and Human Services (as the case may be)
shall issue final regulations in an accessible format to
carry out the amendments made by this section.
(2) Effective date.--The amendments made by this section
shall apply--
(A) with respect to group health plans, and health
insurance coverage offered in connection with group health
plans, for plan years beginning after the date that is 18
months after the date of enactment of this title; and
(B) with respect to health insurance coverage offered,
sold, issued, renewed, in effect, or operated in the
individual market after the date that is 18 months after the
date of enactment of this title.

SEC. 103. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

(a) Prohibition of Health Discrimination on the Basis of
Genetic Information or Genetic 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 by an individual or family member of such
individual)''.
(2) No discrimination in group premiums based on genetic
information.--Section 9802(b) of the Internal Revenue Code of
1986 is amended--
(A) in paragraph (2)(A), by inserting before the semicolon
the following: ``, except as provided in paragraph (3)''; and
(B) by adding at the end the following:
``(3) No discrimination in group premiums based on genetic
information.--For purposes of this section, a group health
plan shall not adjust premium or contribution amounts for a
group on the basis of genetic information concerning an
individual in the group or a family member of the individual
(including information about a request for or receipt of
genetic services by an individual or family member of such
individual).''.
(b) Limitations on Genetic Testing.--Section 9802 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following:
``(d) Genetic Testing and Genetic Services.--
``(1) Limitation on requesting or requiring genetic
testing.--A group health plan shall not request or require an
individual or a family member of such individual to undergo a
genetic test.
``(2) Rule of construction.--Nothing in this part shall be
construed to--
``(A) limit the authority of a health care professional who
is providing health care services with respect to an
individual to request that such individual or a family member
of such individual undergo a genetic test;
``(B) limit the authority of a health care professional who
is employed by or affiliated with a group health plan and who
is providing health care services to an individual as part of
a bona fide wellness program to notify such individual of the
availability of a genetic test or to provide information to
such individual regarding such genetic test; or
``(C) authorize or permit a health care professional to
require that an individual undergo a genetic test.
``(e) Application to all Plans.--The provisions of
subsections (a)(1)(F), (b)(3), and (d) shall apply to group
health plans and health insurance issuers without regard to
section 9831(a)(2).''.
(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 member' 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).
``(7) Genetic services.--The term `genetic services'
means--
``(A) a genetic test;
``(B) genetic counseling (such as obtaining, interpreting,
or assessing genetic information); or
``(C) genetic education.
``(8) Genetic information.--
``(A) In general.--Except as provided in subparagraph (B),
the term `genetic information' means information about--
``(i) an individual's genetic tests;
``(ii) the genetic tests of family members of the
individual; or
``(iii) the occurrence of a disease or disorder in family
members of the individual.
``(B) Exclusions.--The term `genetic information' shall not
include information about the sex or age of an individual.
``(9) Genetic test.--
``(A) In general.--The term `genetic test' means an
analysis of human DNA, RNA, chromosomes, proteins, or
metabolites, that detects genotypes, mutations, or
chromosomal changes.
``(B) Exceptions.--The term `genetic test' does not mean--
``(i) an analysis of proteins or metabolites that does not
detect genotypes, mutations, or chromosomal changes; or
``(ii) an analysis of proteins or metabolites that is
directly related to a manifested disease, disorder, or
pathological condition that could reasonably be detected by a
health care professional with appropriate training and
expertise in the field of medicine involved.''.
(d) Regulations and Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this title, the Secretary of the Treasury shall
issue final regulations in an accessible format to carry out
the amendments made by this section.
(2) Effective date.--The amendments made by this section
shall apply with respect to group health plans for plan years
beginning after the date that is 18 months after the date of
enactment of this title.

SEC. 104. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SECURITY
ACT RELATING TO MEDIGAP.

(a) Nondiscrimination.--
(1) In general.--Section 1882(s)(2) of the Social Security
Act (42 U.S.C. 1395ss(s)(2)) is amended by adding at the end
the following:
``(E)(i) An issuer of a medicare supplemental policy shall
not deny or condition the issuance or effectiveness of the
policy, and shall not discriminate in the pricing of the
policy (including the adjustment of premium rates) of an
eligible individual on the basis of genetic information
concerning the individual (or information about a request
for, or the receipt of, genetic services by such individual
or family member of such individual).
``(ii) For purposes of clause (i), the terms `family
member', `genetic services', and `genetic information' shall
have the meanings given such terms in subsection (v).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to a policy for policy years
beginning after the date that is 18 months after the date of
enactment of this Act.

[[Page S12398]]

(b) Limitations on Genetic Testing.--
(1) In general.--Section 1882 of the Social Security Act
(42 U.S.C. 1395ss) is amended by adding at the end the
following:
``(v) Limitations on Genetic Testing.--
``(1) Genetic testing.--
``(A) Limitation on requesting or requiring genetic
testing.--An issuer of a medicare supplemental policy shall
not request or require an individual or a family member of
such individual to undergo a genetic test.
``(B) Rule of construction.--Nothing in this title shall be
construed to--
``(i) limit the authority of a health care professional who
is providing health care services with respect to an
individual to request that such individual or a family member
of such individual undergo a genetic test;
``(ii) limit the authority of a health care professional
who is employed by or affiliated with an issuer of a medicare
supplemental policy and who is providing health care services
to an individual as part of a bona fide wellness program to
notify such individual of the availability of a genetic test
or to provide information to such individual regarding such
genetic test; or
``(iii) authorize or permit a health care professional to
require that an individual undergo a genetic test.
``(2) Definitions.--In this subsection:
``(A) Family member.--The term `family member' means with
respect to an individual--
``(i) the spouse of the individual;
``(ii) a dependent child of the individual, including a
child who is born to or placed for adoption with the
individual; or
``(iii) any other individuals related by blood to the
individual or to the spouse or child described in clause (i)
or (ii).
``(B) Genetic information.--
``(i) In general.--Except as provided in clause (ii), the
term `genetic information' means information about--

``(I) an individual's genetic tests;
``(II) the genetic tests of family members of the
individual; or
``(III) the occurrence of a disease or disorder in family
members of the individual.

``(ii) Exclusions.--The term `genetic information' shall
not include information about the sex or age of an
individual.
``(C) Genetic test.--
``(i) In general.--The term `genetic test' means an
analysis of human DNA, RNA, chromosomes, proteins, or
metabolites, that detects genotypes, mutations, or
chromosomal changes.
``(ii) Exceptions.--The term `genetic test' does not mean--

``(I) an analysis of proteins or metabolites that does not
detect genotypes, mutations, or chromosomal changes; or
``(II) an analysis of proteins or metabolites that is
directly related to a manifested disease, disorder, or
pathological condition that could reasonably be detected by a
health care professional with appropriate training and
expertise in the field of medicine involved.

``(D) Genetic services.--The term `genetic services'
means--
``(i) a genetic test;
``(ii) genetic counseling (such as obtaining, interpreting,
or assessing genetic information); or
``(iii) genetic education.
``(E) Issuer of a medicare supplemental policy.--The term
`issuer of a medicare supplemental policy' includes a third-
party administrator or other person acting for or on behalf
of such issuer.''.
(2) Conforming amendment.--Section 1882(o) of the Social
Security Act (42 U.S.C. 1395ss(o)) is amended by adding at
the end the following:
``(4) The issuer of the medicare supplemental policy
complies with subsection (s)(2)(E) and subsection (v).''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to an issuer of a medicare
supplemental policy for policy years beginning on or after
the date that is 18 months after the date of enactment of
this Act.
(c) Transition Provisions.--
(1) In general.--If the Secretary of Health and Human
Services identifies a State as requiring a change to its
statutes or regulations to conform its regulatory program to
the changes made by this section, the State regulatory
program shall not be considered to be out of compliance with
the requirements of section 1882 of the Social Security Act
due solely to failure to make such change until the date
specified in paragraph (4).
(2) NAIC standards.--If, not later than June 30, 2004, the
National Association of Insurance Commissioners (in this
subsection referred to as the ``NAIC'') modifies its NAIC
Model Regulation relating to section 1882 of the Social
Security Act (referred to in such section as the 1991 NAIC
Model Regulation, as subsequently modified) to conform to the
amendments made by this section, such revised regulation
incorporating the modifications shall be considered to be the
applicable NAIC model regulation (including the revised NAIC
model regulation and the 1991 NAIC Model Regulation) for the
purposes of such section.
(3) Secretary standards.--If the NAIC does not make the
modifications described in paragraph (2) within the period
specified in such paragraph, the Secretary of Health and
Human Services shall, not later than October 1, 2004, make
the modifications described in such paragraph and such
revised regulation incorporating the modifications shall be
considered to be the appropriate regulation for the purposes
of such section.
(4) Date specified.--
(A) In general.--Subject to subparagraph (B), the date
specified in this paragraph for a State is the earlier of--
(i) the date the State changes its statutes or regulations
to conform its regulatory program to the changes made by this
section, or
(ii) October 1, 2004.
(B) Additional legislative action required.--In the case of
a State which the Secretary identifies as--
(i) requiring State legislation (other than legislation
appropriating funds) to conform its regulatory program to the
changes made in this section, but
(ii) having a legislature which is not scheduled to meet in
2004 in a legislative session in which such legislation may
be considered,

the date specified in this paragraph is the first day of the
first calendar quarter beginning after the close of the first
legislative session of the State legislature that begins on
or after July 1, 2004. For purposes of the previous sentence,
in the case of a State that has a 2-year legislative session,
each year of such session shall be deemed to be a separate
regular session of the State legislature.

SEC. 105. PRIVACY AND CONFIDENTIALITY.

(a) Applicability.--Except as provided in subsection (d),
the provisions of this section shall apply to group health
plans, health insurance issuers (including issuers in
connection with group health plans or individual health
coverage), and issuers of medicare supplemental policies,
without regard to--
(1) section 732(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1191a(a));
(2) section 2721(a) of the Public Health Service Act (42
U.S.C. 300gg-21(a)); and
(3) section 9831(a)(2) of the Internal Revenue Code of
1986.
(b) Compliance with Certain Confidentiality Standards with
Respect to Genetic Information.--
(1) In general.--The regulations promulgated by the
Secretary of Health and Human Services under part C of title
XI of the Social Security Act (42 U.S.C. 1320d et seq.) and
section 264 of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note) shall
apply to the use or disclosure of genetic information.
(2) Prohibition on underwriting and premium rating.--
Notwithstanding paragraph (1), a group health plan, a health
insurance issuer, or issuer of a medicare supplemental policy
shall not use or disclose genetic information (including
information about a request for or a receipt of genetic
services by an individual or family member of such
individual) for purposes of underwriting, determinations of
eligibility to enroll, premium rating, or the creation,
renewal or replacement of a plan, contract or coverage for
health insurance or health benefits.
(c) Prohibition on Collection of Genetic Information.--
(1) In general.--A group health plan, health insurance
issuer, or issuer of a medicare supplemental policy shall not
request, require, or purchase genetic information (including
information about a request for or a receipt of genetic
services by an individual or family member of such
individual) for purposes of underwriting, determinations of
eligibility to enroll, premium rating, or the creation,
renewal or replacement of a plan, contract or coverage for
health insurance or health benefits.
(2) Limitation relating to the collection of genetic
information prior to enrollment.--A group health plan, health
insurance issuer, or issuer of a medicare supplemental policy
shall not request, require, or purchase genetic information
(including information about a request for or a receipt of
genetic services by an individual or family member of such
individual) concerning a participant, beneficiary, or
enrollee prior to the enrollment, and in connection with such
enrollment, of such individual under the plan, coverage, or
policy.
(3) Incidental collection.--Where a group health plan,
health insurance issuer, or issuer of a medicare supplemental
policy obtains genetic information incidental to the
requesting, requiring, or purchasing of other information
concerning a participant, beneficiary, or enrollee, such
request, requirement, or purchase shall not be considered a
violation of this subsection if--
(A) such request, requirement, or purchase is not in
violation of paragraph (1); and
(B) any genetic information (including information about a
request for or receipt of genetic services) requested,
required, or purchased is not used or disclosed in violation
of subsection (b).
(d) Application of Confidentiality Standards.--The
provisions of subsections (b) and (c) shall not apply--
(1) to group health plans, health insurance issuers, or
issuers of medicare supplemental policies that are not
otherwise covered under the regulations promulgated by the
Secretary of Health and Human Services under part C of title
XI of the Social Security Act (42 U.S.C. 1320d et seq.) and
section 264 of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note); and
(2) to genetic information that is not considered to be
individually-identifiable health information under the
regulations promulgated by the Secretary of Health and Human
Services under part C of title XI of the Social Security Act
(42 U.S.C. 1320d et seq.) and

[[Page S12399]]

section 264 of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note).
(e) Enforcement.--A group health plan, health insurance
issuer, or issuer of a medicare supplemental policy that
violates a provision of this section shall be subject to the
penalties described in sections 1176 and 1177 of the Social
Security Act (42 U.S.C. 1320d-5 and 1320d-6) in the same
manner and to the same extent that such penalties apply to
violations of part C of title XI of such Act.
(f) Preemption.--
(1) In general.--A provision or requirement under this
section or a regulation promulgated under this section shall
supersede any contrary provision of State law unless such
provision of State law imposes requirements, standards, or
implementation specifications that are more stringent than
the requirements, standards, or implementation specifications
imposed under this section or such regulations. No penalty,
remedy, or cause of action to enforce such a State law that
is more stringent shall be preempted by this section.
(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to establish a penalty, remedy, or cause of
action under State law if such penalty, remedy, or cause of
action is not otherwise available under such State law.
(g) Coordination with Privacy Regulations.--The Secretary
shall implement and administer this section in a manner that
is consistent with the implementation and administration by
the Secretary of the regulations promulgated by the Secretary
of Health and Human Services under part C of title XI of the
Social Security Act (42 U.S.C. 1320d et seq.) and section 264
of the Health Insurance Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note).
(h) Definitions.--In this section:
(1) Genetic information; genetic services.--The terms
``family member'', ``genetic information'', ``genetic
services'', and ``genetic test'' have the meanings given such
terms in section 2791 of the Public Health Service Act (42
U.S.C. 300gg-91), as amended by this Act.
(2) Group health plan; health insurance issuer.--The terms
``group health plan'' and ``health insurance issuer'' include
only those plans and issuers that are covered under the
regulations described in subsection (d)(1).
(3) Issuer of a medicare supplemental policy.--The term
``issuer of a medicare supplemental policy'' means an issuer
described in section 1882 of the Social Security Act (42
insert 1395ss).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.

SEC. 106. ASSURING COORDINATION.

(a) In General.--Except as provided in subsection (b), the
Secretary of the Treasury, the Secretary of Health and Human
Services, and the Secretary of Labor shall ensure, through
the execution of an interagency memorandum of understanding
among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which two
or more such Secretaries have responsibility under this title
(and the amendments made by this title) are administered so
as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement.
(b) Authority of the Secretary.--The Secretary of Health
and Human Services has the sole authority to promulgate
regulations to implement section 105.

SEC. 107. REGULATIONS; EFFECTIVE DATE.

(a) Regulations.--Not later than 1 year after the date of
enactment of this title, the Secretary of Labor, the
Secretary of Health and Human Services, and the Secretary of
the Treasury shall issue final regulations in an accessible
format to carry out this title.
(b) Effective Date.--Except as provided in section 104, the
amendments made by this title shall take effect on the date
that is 18 months after the date of enactment of this Act.

TITLE II--PROHIBITING EMPLOYMENT DISCRIMINATION ON THE BASIS OF GENETIC
INFORMATION

SEC. 201. DEFINITIONS.

In this title:
(1) Commission.--The term ``Commission'' means the Equal
Employment Opportunity Commission as created by section 705
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4).
(2) Employee; employer; employment agency; labor
organization; member.--
(A) In general.--The term ``employee'' means--
(i) an employee (including an applicant), as defined in
section 701(f) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(f));
(ii) a State employee (including an applicant) described in
section 304(a) of the Government Employee Rights Act of 1991
(42 U.S.C. 2000e-16c(a));
(iii) a covered employee (including an applicant), as
defined in section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301);
(iv) a covered employee (including an applicant), as
defined in section 411(c) of title 3, United States Code; or
(v) an employee or applicant to which section 717(a) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies.
(B) Employer.--The term ``employer'' means--
(i) an employer (as defined in section 701(b) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e(b));
(ii) an entity employing a State employee described in
section 304(a) of the Government Employee Rights Act of 1991;
(iii) an employing office, as defined in section 101 of the
Congressional Accountability Act of 1995;
(iv) an employing office, as defined in section 411(c) of
title 3, United States Code; or
(v) an entity to which section 717(a) of the Civil Rights
Act of 1964 applies.
(C) Employment agency; labor organization.--The terms
``employment agency'' and ``labor organization'' have the
meanings given the terms in section 701 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e).
(D) Member.--The term ``member'', with respect to a labor
organization, includes an applicant for membership in a labor
organization.
(3) Family member.--The term ``family member'' 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).
(4) Genetic information.--
(A) In general.--Except as provided in subparagraph (B),
the term ``genetic information'' means information about--
(i) an individual's genetic tests;
(ii) the genetic tests of family members of the individual;
or
(iii) the occurrence of a disease or disorder in family
members of the individual.
(B) Exceptions.--The term ``genetic information'' shall not
include information about the sex or age of an individual.
(5) Genetic monitoring.--The term ``genetic monitoring''
means the periodic examination of employees to evaluate
acquired modifications to their genetic material, such as
chromosomal damage or evidence of increased occurrence of
mutations, that may have developed in the course of
employment due to exposure to toxic substances in the
workplace, in order to identify, evaluate, and respond to the
effects of or control adverse environmental exposures in the
workplace.
(6) Genetic services.--The term ``genetic services''
means--
(A) a genetic test;
(B) genetic counseling (such as obtaining, interpreting or
assessing genetic information); or
(C) genetic education.
(7) Genetic test.--
(A) In general.--The term ``genetic test'' means the
analysis of human DNA, RNA, chromosomes, proteins, or
metabolites, that detects genotypes, mutations, or
chromosomal changes.
(B) Exception.--The term ``genetic test'' does not mean an
analysis of proteins or metabolites that does not detect
genotypes, mutations, or chromosomal changes.

SEC. 202. EMPLOYER PRACTICES.

(a) Use of Genetic Information.--It shall be an unlawful
employment practice for an employer--
(1) to fail or refuse to hire or to discharge any employee,
or otherwise to discriminate against any employee with
respect to the compensation, terms, conditions, or privileges
of employment of the employee, because of genetic information
with respect to the employee (or information about a request
for or the receipt of genetic services by such employee or
family member of such employee); or
(2) to limit, segregate, or classify the employees of the
employer in any way that would deprive or tend to deprive any
employee of employment opportunities or otherwise adversely
affect the status of the employee as an employee, because of
genetic information with respect to the employee (or
information about a request for or the receipt of genetic
services by such employee or family member of such employee).
(b) Acquisition of Genetic Information.--It shall be an
unlawful employment practice for an employer to request,
require, or purchase genetic information with respect to an
employee or a family member of the employee (or information
about a request for the receipt of genetic services by such
employee or a family member of such employee) except--
(1) where an employer inadvertently requests or requires
family medical history of the employee or family member of
the employee;
(2) where--
(A) health or genetic services are offered by the employer,
including such services offered as part of a bona fide
wellness program;
(B) the employee provides prior, knowing, voluntary, and
written authorization;
(C) only the employee (or family member if the family
member is receiving genetic services) and the licensed health
care professional or board certified genetic counselor
involved in providing such services receive individually
identifiable information concerning the results of such
services; and
(D) any individually identifiable genetic information
provided under subparagraph (C) in connection with the
services provided under subparagraph (A) is only available
for purposes of such services and shall not be

[[Page S12400]]

disclosed to the employer except in aggregate terms that do
not disclose the identity of specific employees;
(3) where an employer requests or requires family medical
history from the employee to comply with the certification
provisions of section 103 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2613) or such requirements under State
family and medical leave laws;
(4) where an employer purchases documents that are
commercially and publicly available (including newspapers,
magazines, periodicals, and books, but not including medical
databases or court records) that include family medical
history; or
(5) where the information involved is to be used for
genetic monitoring of the biological effects of toxic
substances in the workplace, but only if--
(A) the employer provides written notice of the genetic
monitoring to the employee;
(B)(i) the employee provides prior, knowing, voluntary, and
written authorization; or
(ii) the genetic monitoring is required by Federal or State
law;
(C) the employee is informed of individual monitoring
results;
(D) the monitoring is in compliance with--
(i) any Federal genetic monitoring regulations, including
any such regulations that may be promulgated by the Secretary
of Labor pursuant to the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.), the Federal Mine Safety and
Health Act of 1977 (30 U.S.C. 801 et seq.), or the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.); or
(ii) State genetic monitoring regulations, in the case of a
State that is implementing genetic monitoring regulations
under the authority of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.); and
(E) the employer, excluding any licensed health care
professional or board certified genetic counselor that is
involved in the genetic monitoring program, receives the
results of the monitoring only in aggregate terms that do not
disclose the identity of specific employees;
(c) Preservation of Protections.--In the case of
information to which any of paragraphs (1) through (5) of
subsection (b) applies, such information may not be used in
violation of paragraph (1) or (2) of subsection (a) or
treated or disclosed in a manner that violates section 206.

SEC. 203. EMPLOYMENT AGENCY PRACTICES.

(a) Use of Genetic Information.--It shall be an unlawful
employment practice for an employment agency--
(1) to fail or refuse to refer for employment, or otherwise
to discriminate against, any individual because of genetic
information with respect to the individual (or information
about a request for or the receipt of genetic services by
such individual or family member of such individual);
(2) to limit, segregate, or classify individuals or fail or
refuse to refer for employment any individual in any way that
would deprive or tend to deprive any individual of employment
opportunities, or otherwise adversely affect the status of
the individual as an employee, because of genetic information
with respect to the individual (or information about a
request for or the receipt of genetic services by such
individual or family member of such individual); or
(3) to cause or attempt to cause an employer to
discriminate against an individual in violation of this
title.
(b) Acquisition of Genetic Information.--It shall be an
unlawful employment practice for an employment agency to
request, require, or purchase genetic information with
respect to an individual or a family member of the individual
(or information about a request for the receipt of genetic
services by such individual or a family member of such
individual) except--
(1) where an employment agency inadvertently requests or
requires family medical history of the individual or family
member of the individual;
(2) where--
(A) health or genetic services are offered by the
employment agency, including such services offered as part of
a bona fide wellness program;
(B) the individual provides prior, knowing, voluntary, and
written authorization;
(C) only the individual (or family member if the family
member is receiving genetic services) and the licensed health
care professional or board certified genetic counselor
involved in providing such services receive individually
identifiable information concerning the results of such
services; and
(D) any individually identifiable genetic information
provided under subparagraph (C) in connection with the
services provided under subparagraph (A) is only available
for purposes of such services and shall not be disclosed to
the employment agency except in aggregate terms that do not
disclose the identity of specific individuals;
(3) where an employment agency requests or requires family
medical history from the individual to comply with the
certification provisions of section 103 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2613) or such
requirements under State family and medical leave laws;
(4) where an employment agency purchases documents that are
commercially and publicly available (including newspapers,
magazines, periodicals, and books, but not including medical
databases or court records) that include family medical
history; or
(5) where the information involved is to be used for
genetic monitoring of the biological effects of toxic
substances in the workplace, but only if--
(A) the employment agency provides written notice of the
genetic monitoring to the individual;
(B)(i) the individual provides prior, knowing, voluntary,
and written authorization; or
(ii) the genetic monitoring is required by Federal or State
law;
(C) the individual is informed of individual monitoring
results;
(D) the monitoring is in compliance with--
(i) any Federal genetic monitoring regulations, including
any such regulations that may be promulgated by the Secretary
of Labor pursuant to the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.), the Federal Mine Safety and
Health Act of 1977 (30 U.S.C. 801 et seq.), or the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.); or
(ii) State genetic monitoring regulations, in the case of a
State that is implementing genetic monitoring regulations
under the authority of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.); and
(E) the employment agency, excluding any licensed health
care professional or board certified genetic counselor that
is involved in the genetic monitoring program, receives the
results of the monitoring only in aggregate terms that do not
disclose the identity of specific individuals;
(c) Preservation of protections.--In the case of
information to which any of paragraphs (1) through (5) of
subsection (b) applies, such information may not be used in
violation of paragraph (1) or (2) of subsection (a) or
treated or disclosed in a manner that violates section 206.

SEC. 204. LABOR ORGANIZATION PRACTICES.

(a) Use of Genetic Information.--It shall be an unlawful
employment practice for a labor organization--
(1) to exclude or to expel from the membership of the
organization, or otherwise to discriminate against, any
member because of genetic information with respect to the
member (or information about a request for or the receipt of
genetic services by such member or family member of such
member);
(2) to limit, segregate, or classify the members of the
organization, or fail or refuse to refer for employment any
member, in any way that would deprive or tend to deprive any
member of employment opportunities, or otherwise adversely
affect the status of the member as an employee, because of
genetic information with respect to the member (or
information about a request for or the receipt of genetic
services by such member or family member of such member); or
(3) to cause or attempt to cause an employer to
discriminate against a member in violation of this title.
(b) Acquisition of Genetic Information.--It shall be an
unlawful employment practice for a labor organization to
request, require, or purchase genetic information with
respect to a member or a family member of the member (or
information about a request for the receipt of genetic
services by such member or a family member of such member)
except--
(1) where a labor organization inadvertently requests or
requires family medical history of the member or family
member of the member;
(2) where--
(A) health or genetic services are offered by the labor
organization, including such services offered as part of a
bona fide wellness program;
(B) the member provides prior, knowing, voluntary, and
written authorization;
(C) only the member (or family member if the family member
is receiving genetic services) and the licensed health care
professional or board certified genetic counselor involved in
providing such services receive individually identifiable
information concerning the results of such services; and
(D) any individually identifiable genetic information
provided under subparagraph (C) in connection with the
services provided under subparagraph (A) is only available
for purposes of such services and shall not be disclosed to
the labor organization except in aggregate terms that do not
disclose the identity of specific members;
(3) where a labor organization requests or requires family
medical history from the members to comply with the
certification provisions of section 103 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2613) or such
requirements under State family and medical leave laws;
(4) where a labor organization purchases documents that are
commercially and publicly available (including newspapers,
magazines, periodicals, and books, but not including medical
databases or court records) that include family medical
history; or
(5) where the information involved is to be used for
genetic monitoring of the biological effects of toxic
substances in the workplace, but only if--
(A) the labor organization provides written notice of the
genetic monitoring to the member;
(B)(i) the member provides prior, knowing, voluntary, and
written authorization; or
(ii) the genetic monitoring is required by Federal or State
law;
(C) the member is informed of individual monitoring
results;
(D) the monitoring is in compliance with--
(i) any Federal genetic monitoring regulations, including
any such regulations that may be promulgated by the Secretary
of Labor pursuant to the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.),

[[Page S12401]]

the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801
et seq.), or the Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.); or
(ii) State genetic monitoring regulations, in the case of a
State that is implementing genetic monitoring regulations
under the authority of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.); and
(E) the labor organization, excluding any licensed health
care professional or board certified genetic counselor that
is involved in the genetic monitoring program, receives the
results of the monitoring only in aggregate terms that do not
disclose the identity of specific members;
(c) Preservation of protections.--In the case of
information to which any of paragraphs (1) through (5) of
subsection (b) applies, such information may not be used in
violation of paragraph (1) or (2) of subsection (a) or
treated or disclosed in a manner that violates section 206.

SEC. 205. TRAINING PROGRAMS.

(a) Use of Genetic Information.--It shall be an unlawful
employment practice for any employer, labor organization, or
joint labor-management committee controlling apprenticeship
or other training or retraining, including on-the-job
training programs--
(1) to discriminate against any individual because of
genetic information with respect to the individual (or
information about a request for or the receipt of genetic
services by such individual or a family member of such
individual) in admission to, or employment in, any program
established to provide apprenticeship or other training or
retraining;
(2) to limit, segregate, or classify the applicants for or
participants in such apprenticeship or other training or
retraining, or fail or refuse to refer for employment any
individual, in any way that would deprive or tend to deprive
any individual of employment opportunities, or otherwise
adversely affect the status of the individual as an employee,
because of genetic information with respect to the individual
(or information about a request for or receipt of genetic
services by such individual or family member of such
individual); or
(3) to cause or attempt to cause an employer to
discriminate against an applicant for or a participant in
such apprenticeship or other training or retraining in
violation of this title.
(b) Acquisition of Genetic Information.--It shall be an
unlawful employment practice for an employer, labor
organization, or joint labor-management committee described
in subsection (a) to request, require, or purchase genetic
information with respect to an individual or a family member
of the individual (or information about a request for the
receipt of genetic services by such individual or a family
member of such individual) except--
(1) where the employer, labor organization, or joint labor-
management committee inadvertently requests or requires
family medical history of the individual or family member of
the individual;
(2) where--
(A) health or genetic services are offered by the employer,
labor organization, or joint labor-management committee,
including such services offered as part of a bona fide
wellness program;
(B) the individual provides prior, knowing, voluntary, and
written authorization;
(C) only the individual (or family member if the family
member is receiving genetic services) and the licensed health
care professional or board certified genetic counselor
involved in providing such services receive individually
identifiable information concerning the results of such
services;
(D) any individually identifiable genetic information
provided under subparagraph (C) in connection with the
services provided under subparagraph (A) is only available
for purposes of such services and shall not be disclosed to
the employer, labor organization, or joint labor-management
committee except in aggregate terms that do not disclose the
identity of specific individuals;
(3) where the employer, labor organization, or joint labor-
management committee requests or requires family medical
history from the individual to comply with the certification
provisions of section 103 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2613) or such requirements under State
family and medical leave laws;
(4) where the employer, labor organization, or joint labor-
management committee purchases documents that are
commercially and publicly available (including newspapers,
magazines, periodicals, and books, but not including medical
databases or court records) that include family medical
history; or
(5) where the information involved is to be used for
genetic monitoring of the biological effects of toxic
substances in the workplace, but only if--
(A) the employer, labor organization, or joint labor-
management committee provides written notice of the genetic
monitoring to the individual;
(B)(i) the individual provides prior, knowing, voluntary,
and written authorization; or
(ii) the genetic monitoring is required by Federal or State
law;
(C) the individual is informed of individual monitoring
results;
(D) the monitoring is in compliance with--
(i) any Federal genetic monitoring regulations, including
any such regulations that may be promulgated by the Secretary
of Labor pursuant to the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.), the Federal Mine Safety and
Health Act of 1977 (30 U.S.C. 801 et seq.), or the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.); or
(ii) State genetic monitoring regulations, in the case of a
State that is implementing genetic monitoring regulations
under the authority of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.); and
(E) the employer, labor organization, or joint labor-
management committee, excluding any licensed health care
professional or board certified genetic counselor that is
involved in the genetic monitoring program, receives the
results of the monitoring only in aggregate terms that do not
disclose the identity of specific individuals;
(c) Preservation of protections.--In the case of
information to which any of paragraphs (1) through (5) of
subsection (b) applies, such information may not be used in
violation of paragraph (1) or (2) of subsection (a) or
treated or disclosed in a manner that violates section 206.

SEC. 206. CONFIDENTIALITY OF GENETIC INFORMATION.

(a) Treatment of Information as Part of Confidential
Medical Record.--If an employer, employment agency, labor
organization, or joint labor-management committee possesses
genetic information about an employee or member (or
information about a request for or receipt of genetic
services by such employee or member or family member of such
employee or member), such information shall be maintained on
separate forms and in separate medical files and be treated
as a confidential medical record of the employee or member.
(b) Limitation on Disclosure.--An employer, employment
agency, labor organization, or joint labor-management
committee shall not disclose genetic information concerning
an employee or member (or information about a request for or
receipt of genetic services by such employee or member or
family member of such employee or member) except--
(1) to the employee (or family member if the family member
is receiving the genetic services) or member of a labor
organization at the request of the employee or member of such
organization;
(2) to an occupational or other health researcher if the
research is conducted in compliance with the regulations and
protections provided for under part 46 of title 45, Code of
Federal Regulations;
(3) in response to an order of a court, except that--
(A) the employer, employment agency, labor organization, or
joint labor-management committee may disclose only the
genetic information expressly authorized by such order; and
(B) if the court order was secured without the knowledge of
the employee or member to whom the information refers, the
employer, employment agency, labor organization, or joint
labor-management committee shall provide the employee or
member with adequate notice to challenge the court order;
(4) to government officials who are investigating
compliance with this title if the information is relevant to
the investigation; or
(5) to the extent that such disclosure is made in
connection with the employee's compliance with the
certification provisions of section 103 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2613) or such
requirements under State family and medical leave laws.

SEC. 207. REMEDIES AND ENFORCEMENT.

(a) Employees Covered by Title VII of the Civil Rights Act
of 1964.--
(1) In general.--The powers, remedies, and procedures
provided in sections 705, 706, 707, 709, 710, and 711 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the
Commission, the Attorney General, or any person, alleging a
violation of title VII of that Act (42 U.S.C. 2000e et seq.)
shall be the powers, remedies, and procedures this title
provides to the Commission, the Attorney General, or any
person, respectively, alleging an unlawful employment
practice in violation of this title against an employee
described in section 201(2)(A)(i), except as provided in
paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988), shall be powers, remedies,
and procedures this title provides to the Commission, the
Attorney General, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be powers, remedies, and procedures
this title provides to the Commission, the Attorney General,
or any person, alleging such a practice (not an employment
practice specifically excluded from coverage under section
1977A(a)(1) of the Revised Statutes).
(b) Employees Covered by Government Employee Rights Act of
1991.--
(1) In general.--The powers, remedies, and procedures
provided in sections 302 and 304 of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16b, 2000e-16c) to the
Commission, or any person, alleging a violation of section
302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be
the powers, remedies, and procedures this title provides to
the Commission, or any person, respectively, alleging an
unlawful employment practice in violation of this title
against an employee described in section 201(2)(A)(ii),
except as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b)

[[Page S12402]]

and (c) of section 722 of the Revised Statutes (42 U.S.C.
1988), shall be powers, remedies, and procedures this title
provides to the Commission, or any person, alleging such a
practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be powers, remedies, and procedures
this title provides to the Commission, or any person,
alleging such a practice (not an employment practice
specifically excluded from coverage under section 1977A(a)(1)
of the Revised Statutes).
(c) Employees Covered by Congressional Accountability Act
of 1995.--
(1) In general.--The powers, remedies, and procedures
provided in the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.) to the Board (as defined in section 101
of that Act (2 U.S.C. 1301)), or any person, alleging a
violation of section 201(a)(1) of that Act (42 U.S.C.
1311(a)(1)) shall be the powers, remedies, and procedures
this title provides to that Board, or any person, alleging an
unlawful employment practice in violation of this title
against an employee described in section 201(2)(A)(iii),
except as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988), shall be powers, remedies,
and procedures this title provides to that Board, or any
person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be powers, remedies, and procedures
this title provides to that Board, or any person, alleging
such a practice (not an employment practice specifically
excluded from coverage under section 1977A(a)(1) of the
Revised Statutes).
(4) Other applicable provisions.--With respect to a claim
alleging a practice described in paragraph (1), title III of
the Congressional Accountability Act of 1995 (2 U.S.C. 1381
et seq.) shall apply in the same manner as such title applies
with respect to a claim alleging a violation of section
201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).
(d) Employees Covered by Chapter 5 of title 3, United
States Code.--
(1) In general.--The powers, remedies, and procedures
provided in chapter 5 of title 3, United States Code, to the
President, the Commission, the Merit Systems Protection
Board, or any person, alleging a violation of section
411(a)(1) of that title, shall be the powers, remedies, and
procedures this title provides to the President, the
Commission, such Board, or any person, respectively, alleging
an unlawful employment practice in violation of this title
against an employee described in section 201(2)(A)(iv),
except as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988), shall be powers, remedies,
and procedures this title provides to the the President, the
Commission, such Board, or any person, alleging such a
practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be powers, remedies, and procedures
this title provides to the President, the Commission, such
Board, or any person, alleging such a practice (not an
employment practice specifically excluded from coverage under
section 1977A(a)(1) of the Revised Statutes).
(e) Employees Covered by Section 717 of the Civil Rights
Act of 1964.--
(1) In general.--The powers, remedies, and procedures
provided in section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16) to the Commission, the Attorney General, the
Librarian of Congress, or any person, alleging a violation of
that section shall be the powers, remedies, and procedures
this title provides to the Commission, the Attorney General,
the Librarian of Congress, or any person, respectively,
alleging an unlawful employment practice in violation of this
title against an employee or applicant described in section
201(2)(A)(v), except as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988), shall be powers, remedies,
and procedures this title provides to the Commission, the
Attorney General, the Librarian of Congress, or any person,
alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be powers, remedies, and procedures
this title provides to the Commission, the Attorney General,
the Librarian of Congress, or any person, alleging such a
practice (not an employment practice specifically excluded
from coverage under section 1977A(a)(1) of the Revised
Statutes).
(f) Definition.--In this section, the term ``Commission''
means the Equal Employment Opportunity Commission.

SEC. 208. DISPARATE IMPACT.

(a) General Rule.--Notwithstanding any other provision of
this Act, ``disparate impact'', as that term is used in
section 703(k) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-d(k)), on the basis of genetic information does not
establish a cause of action under this Act.
(b) Commission.--On the date that is 6 years after the date
of enactment of this Act, there shall be established a
commission, to be known as the Genetic Nondiscrimination
Study Commission (referred to in this section as the
``Commission'') to review the developing science of genetics
and to make recommendations to Congress regarding whether to
provide a disparate impact cause of action under this Act.
(c) Membership.--
(1) In general.--The Commission shall be composed of 8
members, of which--
(A) 1 member shall be appointed by the Majority Leader of
the Senate;
(B) 1 member shall be appointed by the Minority Leader of
the Senate;
(C) 1 member shall be appointed by the Chairman of the
Committee on Health, Education, Labor, and Pensions of the
Senate;
(D) 1 member shall be appointed by the ranking minority
member of the Committee on Health, Education, Labor, and
Pensions of the Senate;
(E) 1 member shall be appointed by the Speaker of the House
of Representatives;
(F) 1 member shall be appointed by the Minority Leader of
the House of Representatives;
(G) 1 member shall be appointed by the Chairman of the
Committee on Education and the Workforce of the House of
Representatives; and
(H) 1 member shall be appointed by the ranking minority
member of the Committee on Education and the Workforce of the
House of Representatives.
(2) Compensation and expenses.--The members of the
Commission shall not receive compensation for the performance
of services for the Commission, but shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the Commission.
(d) Administrative Provisions.--
(1) Location.--The Commission shall be located in a
facility maintained by the Equal Employment Opportunity
Commission.
(2) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(3) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry
out the provisions of this section. Upon request of the
Commission, the head of such department or agency shall
furnish such information to the Commission.
(4) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out the objectives of this section, except that, to
the extent possible, the Commission shall use existing data
and research.
(5) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(e) Report.--Not later than 1 year after all of the members
are appointed to the Commission under subsection (c)(1), the
Commission shall submit to Congress a report that summarizes
the findings of the Commission and makes such recommendations
for legislation as are consistent with this Act.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Equal Employment Opportunity
Commission such sums as may be necessary to carry out this
section.

SEC. 209. CONSTRUCTION.

Nothing in this title shall be construed to--
(1) limit the rights or protections of an individual under
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.), including coverage afforded to individuals under
section 102 of such Act (42 U.S.C. 12112), or under the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
(2)(A) limit the rights or protections of an individual to
bring an action under this title against an employer,
employment agency, labor organization, or joint labor-
management committee for a violation of this title; or
(B) establish a violation under this title for an employer,
employment agency, labor organization, or joint labor-
management committee of a provision of the amendments made by
title I;
(3) limit the rights or protections of an individual under
any other Federal or State statute that provides equal or
greater protection to an individual than the rights or
protections provided for under this title;
(4) apply to the Armed Forces Repository of Specimen
Samples for the Identification of Remains;
(5) limit or expand the protections, rights, or obligations
of employees or employers under applicable workers'
compensation laws;
(6) limit the authority of a Federal department or agency
to conduct or sponsor occupational or other health research
that is conducted in compliance with the regulations

[[Page S12403]]

contained in part 46 of title 45, Code of Federal Regulations
(or any corresponding or similar regulation or rule); and
(7) limit the statutory or regulatory authority of the
Occupational Safety and Health Administration or the Mine
Safety and Health Administration to promulgate or enforce
workplace safety and health laws and regulations.

SEC. 210. MEDICAL INFORMATION THAT IS NOT GENETIC
INFORMATION.

An employer, employment agency, labor organization, or
joint labor-management committee shall not be considered to
be in violation of this title based on the use, acquisition,
or disclosure of medical information that is not genetic
information about a manifested disease, disorder, or
pathological condition of an employee or member, including a
manifested disease, disorder, or pathological condition that
has or may have a genetic basis.

SEC. 211. REGULATIONS.

Not later than 1 year after the date of enactment of this
title, the Commission shall issue final regulations in an
accessible format to carry out this title.

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
necessary to carry out this title (except for section 208).

SEC. 213. EFFECTIVE DATE.

This title takes effect on the date that is 18 months after
the date of enactment of this Act.

TITLE III--MISCELLANEOUS PROVISION

SEC. 301. SEVERABILITY.

If any provision of this Act, an amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the
remainder of this Act, the amendments made by this Act, and
the application of such provisions to any person or
circumstance shall not be affected thereby.

____________________