[Congressional Record Volume 149, Number 138 (Thursday, October 2, 2003)]
[Senate]
[Pages S12387-S12403]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           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

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     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.

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