S.Amdt. 3114Senate111th Congress (2009-2011)2nd degree

S.Amdt. 3114

Submitted December 9, 2009

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Senate amendment submitted

December 9, 2009

Text

Submitted

SA 3114. Mr. GRASSLEY (for himself, Mr. Coburn, Mr. Brownback, Mr.
Chambliss, Mr. Isakson, Ms. Murkowski, Mr. Bunning, Mr. Bennett, Mr.
LeMieux, Mr. Barrasso, and Mr. Enzi) submitted an amendment intended to
be proposed to amendment SA 2786 proposed by Mr. Reid (for himself, Mr.
Baucus, Mr. Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the
Internal Revenue Code of 1986 to modify the first-time homebuyers
credit in the case of members of the Armed Forces and certain other
Federal employees, and for other purposes; which was ordered to lie on
the table; as follows:

On page 30, between lines 2 and 3, insert the following:
``(c) Protection of Second Amendment Rights.--
``(1) Finding.--Congress finds that the second amendment to
the Constitution of the United States protects a fundamental
right for individuals, including those who are not members of
a militia or engaged in military service or training, to keep
and bear arms.
``(2) Wellness and prevention programs.--A wellness and
health promotion activity implemented under subsection
(a)(1)(D) may not require the disclosure or collection of any
information relating to--
``(A) the presence or storage of a lawfully-possessed
firearm or ammunition in the residence or on the property of
an individual; or
``(B) the lawful use, possession, or storage of a firearm
or ammunition by an individual.
``(3) Limitation on data collection.--None of the
authorities provided to the Secretary under the Patient
Protection and Affordable Care Act or an amendment made by
that Act shall be construed to authorize or may be used for
the collection of any information relating to--
``(A) the lawful ownership or possession of a firearm or
ammunition;
``(B) the lawful use of a firearm or ammunition; or
``(C) the lawful storage of a firearm or ammunition.

[[Page S12833]]

``(4) Limitation on databases or data banks.--None of the
authorities provided to the Secretary under the Patient
Protection and Affordable Care Act or an amendment made by
that Act shall be construed to authorize or may be used to
maintain records of individual ownership or possession of a
firearm or ammunition.
``(5) Limitation on determination of premium rates or
eligibility for health insurance.--A premium rate may not be
increased, health insurance coverage may not be denied, and a
discount, rebate, or reward offered for participation in a
wellness program may not be reduced or withheld under any
health benefit plan issued pursuant to or in accordance with
the Patient Protection and Affordable Care Act or an
amendment made by that Act on the basis of, or on reliance
upon--
``(A) the lawful ownership or possession of a firearm or
ammunition; or
``(B) the lawful use or storage of a firearm or ammunition.
``(6) Limitation on data collection requirements for
individuals.--No individual shall be required to disclose any
information under any data collection activity authorized
under the Patient Protection and Affordable Care Act or an
amendment made by that Act relating to--
``(A) the lawful ownership or possession of a firearm or
ammunition; or
``(B) the lawful use, possession, or storage of a firearm
or ammunition.

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