[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3266 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3266

    To amend title 18, United States Code, to prohibit unauthorized 
    trafficking in personal DNA information, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2001

  Ms. Rivers introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, to prohibit unauthorized 
    trafficking in personal DNA information, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. UNAUTHORIZED TRAFFICKING IN PERSONAL DNA INFORMATION.

    (a) In General.--Chapter 13 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 249. Unauthorized trafficking in personal DNA information
    ``(a) Prohibited Activities.--Whoever, without the consent in a 
signed writing of an individual (or, in the case of a minor, the parent 
or guardian of that individual), knowingly distributes or possesses 
with intent to distribute personal DNA information with respect to that 
individual, except when specifically authorized by law, shall be 
subject to the penalties provided in subsection (b) and the civil 
remedies provided in subsection (c).
    ``(b) Penalties.--Whoever violates this section shall be fined in 
accordance with this title, or imprisoned not more than 5 years, or 
both.
    ``(c) Civil Remedies.--
            ``(1) Right of action.--
                    ``(A) In general.--Any person aggrieved by reason 
                of the conduct prohibited by subsection (a) may 
                commence a civil action for the relief set forth in 
                subparagraph (B).
                    ``(B) Relief.--In any action under subparagraph 
                (A), the court may award appropriate relief, including 
                temporary, preliminary, or permanent injunctive relief 
                and compensatory and punitive damages, as well as the 
                costs of suit and reasonable fees for attorneys and 
                expert witnesses. With respect to compensatory damages, 
                the plaintiff may elect, at any time prior to the 
                rendering of final judgment, to recover, in lieu of 
                actual damages, an award of statutory damages in the 
                amount of $50,000 per violation.
            ``(2) Action by attorney general of the united states.--
                    ``(A) In general.--If the Attorney General of the 
                United States has reasonable cause to believe that any 
                person or group of persons is being, has been, or may 
                be injured by conduct constituting a violation of this 
                section, the Attorney General may commence a civil 
                action in any appropriate United States district court.
                    ``(B) Relief.--In any action under subparagraph 
                (A), the court may award appropriate relief, including 
                temporary, preliminary, or permanent injunctive relief, 
                and compensatory damages to persons aggrieved as 
                described in paragraph (1)(B). The court, to vindicate 
                the public interest, may also assess a civil penalty 
                against each respondent in an amount not exceeding 
                $50,000 for each violation.
            ``(3) Actions by state attorneys general.--
                    ``(A) In general.--If the Attorney General of a 
                State has reasonable cause to believe that any person 
                or group of persons is being, has been, or may be 
                injured by conduct constituting a violation of this 
                section, such Attorney General may commence a civil 
                action in the name of such State, as parens patriae on 
                behalf of natural persons residing in such State, in 
                any appropriate United States District Court.
                    ``(B) Relief.--In any action under subparagraph 
                (A), the court may award appropriate relief, including 
                temporary, preliminary or permanent injunctive relief, 
                compensatory damages, and civil penalties as described 
                in paragraph (2)(B).
    ``(d) Not Exclusive or Preemptive.--Nothing in this section shall 
be construed to provide exclusive criminal penalties or civil remedies 
with respect to the conduct prohibited by this section, or to preempt 
State or local laws that may provide such penalties or remedies.
    ``(e) Definition.--As used in this section, the term `personal DNA 
information' means, with respect to an individual--
            ``(1) any information about the sequence, composition, or 
        other characteristic of the deoxyribonucleic acid (DNA) of that 
        individual; or
            ``(2) any information about that individual derived from an 
        analysis of information specified in paragraph (1).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``249. Unauthorized trafficking in personal DNA information.''.
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