the authority of section 264(c) of the 
Health Insurance Portability and Account-
ability Act of 1996; 
‘‘(ii) shall not be made available to an 
employer; and 
‘‘(iii) shall be provided without charge 
to the individual receiving such screening 
and testing. 
‘‘(4) MEDICAL
SURVEILLANCE
AND
EVALUA-
TION PROGRAM.—If the Secretary declares vaccinia 
vaccine or any other measure to be a covered coun-
termeasure under section 224(p), each State that re-
ceives a grant under this section shall ensure that an 
ongoing active medical surveillance and evaluation 
program is provided to all individuals to whom such 
countermeasure is administered and to the close con-
tacts of such individuals. Such program shall—
‘‘(A) be provided from the date that 
vaccinia vaccine or another covered counter-
measure is administered to a date that is not 
less than 60 days from the date of administra-
tion; 
‘‘(B) include evaluation of any adverse 
health effect that may reasonably appear to be 
due to vaccinia vaccine or another covered
countermeasure and shall provide prompt med-
ical treatment or referral of any individual re-
quiring health care as a result of such adverse 
health effect; and 
‘‘(C) be provided without charge to any in-
dividual to whom vaccinia vaccine or another 
covered countermeasure is administered and to 
the close contacts of such individuals. 
‘‘(5) NEEDLES.—If the Secretary declares 
vaccinia vaccine to be a covered countermeasure 
under section 224(p), each State that receives a 
grant under this section shall ensure that for any 
administration of such vaccine, the individual admin-
istering such vaccine shall use a sheathed bifurcated 
needle—
‘‘(A) to the extent that such needle is ap-
proved under the Federal Food, Drug, and Cos-
metic Act; and 
‘‘(B) to the extent that such sheathed bi-
furcated needle is available in such State. 
‘‘(e) FUNDING.—
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.—
For carrying out this section, there are authorized 
to be appropriated $850,000,000 for fiscal year
2003 and such sums as may be necessary for each 
subsequent fiscal year. 
‘‘(2) ALLOCATION.—From the amounts appro-
priated and available for allotment under this sub-
section for any fiscal year, the Secretary shall allot 
to each State that submits an application in accord-
ance with subsection (a)(1) an amount that is the 
greater of—
‘‘(A) the base amount as determined under 
paragraph (3); or 
‘‘(B) the minimum amount as determined 
under paragraph (4). 
‘‘(3) BASE AMOUNT.—For each State receiving 
an award under this section, the Secretary shall de-
termine the base amount, which shall be equal to the 
product of—
‘‘(A) the amount appropriated under this 
subsection for the fiscal year, less an amount 
equal to the sum of all minimum amounts de-
termined for the States under paragraph (4); 
and 
‘‘(B) the percentage constituted by the 
ratio of an amount equal to the population of 
the State over an amount equal to the total 
population of the States (as indicated by the
most recent data collected by the Bureau of the 
Census). 
‘‘(4) MINIMUM AMOUNT.—For each State re-
ceiving an award under this subsection, the min-
imum amount is—
‘‘(A) in the case of each of the several 
States, the District of Columbia, and the Com-
monwealth of Puerto Rico, an amount equal to 
the lesser of—
‘‘(i) $5,000,000; or 
‘‘(ii) if the amount appropriated under 
this subsection is less than $667,000,000, 
an amount equal to 0.75 percent of the 
amount appropriated under this sub-
section; or 
‘‘(B) in the case of each of American 
Samoa, Guam, the Commonwealth of the 
Northern Mariana Islands, and the United 
States Virgin Islands, an amount determined by 
the Secretary to be appropriate, except that 
such amount may not exceed the amount deter-
mined under subparagraph (A). 
‘‘SEC. 2903. PROTECTION FROM DISCIPLINARY ACTION. 
‘‘(a) FINDING.—The Congress finds that unlawful 
employment practices described in subsection (b) are det-
rimental to the general public health and an interference 
with the interstate control of infectious disease. 
‘‘(b) IN GENERAL.—It shall be an unlawful employ-
ment practice for an employer—
‘‘(1) to fail or refuse to hire or to discharge any 
individual, or otherwise to discriminate against any 
individual with respect to the compensation, terms, 
conditions, or privileges of employment of the indi-
vidual, because of a refusal or inability to receive the 
administration of a covered countermeasure against 
smallpox or because of an adverse reaction or reac-
tions to such countermeasure; or 
‘‘(2) subject to subsection (c), to limit, seg-
regate, or classify the employees of the employer 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 a refusal or inability to receive 
a covered countermeasure against smallpox or be-
cause of an adverse reaction or reactions to such 
countermeasure. 
‘‘(c) EXCEPTION.—
‘‘(1) IN GENERAL.—This section does not pro-
hibit an employer from limiting, segregating, or 
classifying for a period of 30 days or less an em-
ployee to whom a covered countermeasure against 
smallpox has been administered for the purpose of 
protecting the close contacts (including patients) of 
such employee. 
‘‘(2) REGULAR
WAGES
AND
BENEFITS
RE-
QUIRED.—Nothing in paragraph (1) shall be con-
strued to permit an employer to reduce the wages or 
benefits of an employee because a covered counter-
measure against smallpox has been administered to 
such employee. 
‘‘(d) DEFINITIONS OF EMPLOYEE AND EMPLOYER.—
The terms ‘employee’ and ‘employer’ have the meanings 
given such terms in section 701 of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e), except that the terms ‘em-
ployee’ and ‘employer’ shall also include the meanings 
given such terms in section 717 of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e–16). 
‘‘(e) FILING COMPLAINTS AND PROCEDURES.—
‘‘(1) COMPLAINT.—
‘‘(A) IN
GENERAL.—Not later than 180 
days after an alleged violation of subsection (b) 
has occurred, the employee alleging such viola-
tion or another individual at the employee’s re-
quest, may file a complaint with the Secretary.