S.Amdt. 5466

SA 5466. Mr. SCHUMER (for himself, Mr. Martinez, Mr. Menendez, Mrs. Clinton, and Mr. Nelson of Florida) submitted an amendment intended to be proposed by him to the bill S. 3001, to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITION ON DISCRIMINATION IN LIFE INSURANCE.

(a) In General.--Notwithstanding any other provision of law and except as provided in subsection (b), an insurer shall not--

(1) refuse to issue a policy to an individual;

(2) refuse to continue in effect the policy of an insured;

(3) limit or decrease the amount of coverage, extent of coverage, or type of coverage available under a policy to an individual; or

(4) require the payment of an additional amount as premiums for an insured under a policy (except increases in premiums in individual term insurance based upon age); based on the lawful travel experiences of the individual or insured.

(b) Exception.--

(1) In general.--Subsection (a) shall not apply if, with respect to the individual or insured involved, the insurer determines that--

(A) the risk of loss for the individual or insured because of travel to a specified destination at a specified time is reasonably anticipated to be greater than if the individual or insured did not travel to that destination at that time; and

(B) the risk classification referred to in subparagraph (A) is based on sound actuarial principles and actual or reasonably anticipated experience.

(2) Determinations.--An insurer shall be deemed to meet the requirements of paragraph (1) if the action involved was taken by the insurer based on--

(A) the issuance by the Director of the Centers for Disease Control and Prevention of the highest level of alert or warning with respect to the travel destination involved, including a recommendation against non-essential travel to such destination, due to a serious health-related condition; or

(B) the existence of an ongoing armed conflict involving the military of a sovereign nation foreign to the country of conflict.

(c) Definitions.--In this section:

(1) Insured.--The term “insured” means an individual whose life is insured under a policy.

(2) Insurer.--The term “insurer” includes any firm, corporation, partnership, association, or business that is chartered or authorized to provide insurance and issue contracts or policies by the laws of a State or the United States.

(3) Policy.--The term “policy” means any individual contract for whole, endowment, universal, or term life insurance, including any benefit in the nature of such insurance arising out of membership in any fraternal or beneficial association.

(4) Premium.--The term “premium” means the amount specified in an insurance policy to be paid to keep the policy in force.