[Congressional Record Volume 154, Number 71 (Thursday, May 1, 2008)]
[House]
[Pages H2982-H2983]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   CORRECTING ENROLLMENT OF H.R. 493

  Mr. GEORGE MILLER of California. Mr. Speaker, I move to suspend the 
rules and agree to the concurrent resolution (H. Con. Res. 340) to make 
technical corrections in the enrollment of the bill H.R. 493.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 340

       Resolved by the House of Representatives (the Senate 
     concurring), That in the enrollment of the bill H.R. 493 (to 
     prohibit discrimination on the basis of genetic information 
     with respect to health insurance and employment) the Clerk of 
     the House of Representatives shall make the following 
     technical corrections:
       (1) In section 104(d)--
       (A) in paragraph (2), strike ``June 30, 2008'' and insert 
     ``October 31, 2008'';
       (B) in paragraph (3), strike ``October 1, 2008'' and insert 
     ``July 1, 2009''; and
       (C) in paragraph (4)--
       (i) in subparagraph (A)(ii), strike ``October 1, 2008'' and 
     insert ``July 1, 2009''; and
       (ii) in subparagraph (B)(ii)--

       (I) strike ``in 2008'' and insert ``in 2009''; and
       (II) strike ``July 1, 2008'' and insert ``July 1, 2009''.

       (2) In section 202(b)(6), strike ``law enforcement'' and 
     all that follows through ``and requests'' and insert ``law 
     enforcement purposes as a forensic laboratory or for purposes 
     of human remains identification, and requests''.
       (3) In section 205(b)(6), strike ``law enforcement'' and 
     all that follows through ``and requests'' and insert ``law 
     enforcement purposes as a forensic laboratory or for purposes 
     of human remains identification, and requests''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. George Miller) and the gentleman from California (Mr. 
McKeon) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. George 
Miller).


                             General Leave

  Mr. GEORGE MILLER of California. Mr. Speaker, I request 5 legislative 
days during which Members may insert extraneous material on House 
Concurrent Resolution 340 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. GEORGE MILLER of California. I yield myself such time as I may 
consume.
  (Mr. GEORGE MILLER of California asked and was given permission to 
revise and extend his remarks.)
  Mr. GEORGE MILLER of California. This concurrent resolution makes two 
technical corrections to the GINA legislation just passed. First, with 
respect to the Department of Defense Labs, in our current bill, section 
202(b)(6) and section 205(b)(6) of H.R. 493 provides an exclusion for 
an employer to conduct DNA analysis for law enforcement purposes as a 
forensic laboratory, which submits analyses to the Combined DNA Index 
System, known as CODIS, if the employer only uses that analysis of DNA 
identification markers for quality control to detect sample 
contamination.
  However, we recently learned that the Armed Forces DNA Identification 
Laboratory, AFDIL, of the Armed Forces Medical Examiner System, which 
identifies soldiers' remains, would not be included in this exclusion 
because it does not submit DNA to the CODIS system.
  It was not our intent to prevent the Armed Forces, AFDIL, from using 
DNA analysis for human remains identification. This technical change 
would allow them to continue their mission.
  With respect to NAIC, the other change is a very minor one. Section 
104 of the bill, dealing with Medigap, requires the National 
Association of Insurance Commissioners to modify their regulations to 
conform to GINA. The deadline for NAIC to make these modifications is 
June 30, 2008. If NAIC does not make these modifications by this 
timeframe, HHS would be required to make the modifications by October 
1, 2008.
  When this bill moved through the House last April, these deadlines 
were not a problem. However, with today being May 1, NAIC will not be 
able to meet the June deadline. Thus, the other change to this bill 
pushes back the NAIC and HHS deadlines until October 30, 2008, and July 
1, 2009.
  I reserve the balance of my time.
  Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of House Concurrent Resolution 340. 
This resolution makes technical corrections to the Genetic Information 
Nondiscrimination Act, commonly known as GINA, the act that we just 
passed. Specifically, this resolution will clarify the use of genetic 
information at forensic laboratories used by law enforcement agencies. 
This technical correction ensures the Department of Defense will be 
able to use genetic information to identify the remains of American 
servicemen and women.
  The recent DNA identification of Staff Sergeant Matt Maupin, missing 
since his capture in Iraq in 2004, offers us a painful reminder of why 
genetic information may be needed to identify the heroic men and women 
who give their lives in service to this Nation.

[[Page H2983]]

  This is a simple, yet necessary change to a bill that enjoys the 
support of a vast majority of this body. Adoption of this resolution 
will allow this legislation to move forward.
  The GINA bill marks a commitment by this Congress to ensure that the 
law protects American workers and health care consumers from 
discrimination on the basis of their genetic makeup. Because that goal 
is so critical, I support this resolution today, and urge my colleagues 
to do likewise.
  I yield back the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield back the 
balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. George Miller) that the House suspend 
the rules and agree to the concurrent resolution, H. Con. Res. 340.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the concurrent resolution was agreed to.
  A motion to reconsider was laid on the table.

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