[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 19 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 19

 To protect the civil rights of all Americans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2001

 Mr. Daschle (for himself, Mr. Kennedy, Mr. Lieberman, Mr. Leahy, Mr. 
 Biden, Mr. Feingold, Mr. Schumer, Mr. Durbin, Mr. Akaka, Mrs. Boxer, 
  Mr. Breaux, Mrs. Clinton, Mr. Corzine, Mr. Dayton, Mr. Edwards, Mr. 
 Harkin, Mr. Levin, Ms. Mikulski, Mr. Rockefeller, Mr. Wyden, and Mr. 
Kerry) introduced the following bill; which was read twice and referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To protect the civil rights of all Americans, 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. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Protecting Civil 
Rights for All Americans Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
         TITLE I--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT OF 2001

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Definition of hate crime.
Sec. 104. Support for criminal investigations and prosecutions by State 
                            and local law enforcement officials.
Sec. 105. Grant program.
Sec. 106. Authorization for additional personnel to assist State and 
                            local law enforcement.
Sec. 107. Prohibition of certain hate crime acts.
Sec. 108. Duties of Federal sentencing commission.
Sec. 109. Statistics.
Sec. 110. Severability.
                TITLE II--TRAFFIC STOPS STATISTICS STUDY

Sec. 201. Short title.
Sec. 202. Attorney General to conduct study.
Sec. 203. Grant program.
Sec. 204. Limitation on use of data.
Sec. 205. Definitions.
Sec. 206. Authorization of appropriations.
             TITLE III--SUPPORTING INDIGENT REPRESENTATION

Sec. 301. Findings.
Sec. 302. Authorization of appropriations.
 TITLE IV--GENETIC NONDISCRIMINATION IN HEALTH INSURANCE AND EMPLOYMENT

Subtitle A--Prohibition of Health Insurance Discrimination on the Basis 
                   of Predictive Genetic Information

Sec. 401. Amendments to Employee Retirement Income Security Act of 
                            1974.
Sec. 402. Amendments to the Public Health Service Act.
Sec. 403. Amendments to Internal Revenue Code of 1986.
Sec. 404. Amendments to title XVIII of the Social Security Act relating 
                            to medigap.
 Subtitle B--Prohibition of Employment Discrimination on the Basis of 
                     Predictive Genetic Information

Sec. 411. Definitions.
Sec. 412. Employer practices.
Sec. 413. Employment agency practices.
Sec. 414. Labor organization practices.
Sec. 415. Training programs.
Sec. 416. Maintenance and disclosure of predictive genetic information.
Sec. 417. Civil action.
Sec. 418. Construction.
Sec. 419. Authorization of appropriations.
Sec. 420. Effective date.
                 TITLE V--EMPLOYMENT NONDISCRIMINATION

Sec. 501. Short title.
Sec. 502. Purposes.
Sec. 503. Definitions.
Sec. 504. Discrimination prohibited.
Sec. 505. Retaliation and coercion prohibited.
Sec. 506. Benefits.
Sec. 507. Collection of statistics prohibited.
Sec. 508. Quotas and preferential treatment prohibited.
Sec. 509. Religious exemption.
Sec. 510. Nonapplication to members of the Armed Forces; veterans' 
                            preferences.
Sec. 511. Construction.
Sec. 512. Enforcement.
Sec. 513. State and Federal immunity.
Sec. 514. Attorneys' fees.
Sec. 515. Posting notices.
Sec. 516. Regulations.
Sec. 517. Relationship to other laws.
Sec. 518. Severability.
Sec. 519. Effective date.
              TITLE VI--PROMOTING CIVIL RIGHTS ENFORCEMENT

Sec. 601. Establishment of the National Task Force on Violence Against 
                            Health Care Providers.
Sec. 602. Increase in funding for enforcing civil rights laws.

         TITLE I--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT OF 2001

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Local Law Enforcement Enhancement 
Act of 2001''.

SEC. 102. FINDINGS.

    Congress makes the following findings:
            (1) The incidence of violence motivated by the actual or 
        perceived race, color, religion, national origin, gender, 
        sexual orientation, or disability of the victim poses a serious 
        national problem.
            (2) Such violence disrupts the tranquility and safety of 
        communities and is deeply divisive.
            (3) State and local authorities are now and will continue 
        to be responsible for prosecuting the overwhelming majority of 
        violent crimes in the United States, including violent crimes 
        motivated by bias. These authorities can carry out their 
        responsibilities more effectively with greater Federal 
        assistance.
            (4) Existing Federal law is inadequate to address this 
        problem.
            (5) The prominent characteristic of a violent crime 
        motivated by bias is that it devastates not just the actual 
        victim and the victim's family and friends, but frequently 
        savages the community sharing the traits that caused the victim 
        to be selected.
            (6) Such violence substantially affects interstate commerce 
        in many ways, including--
                    (A) by impeding the movement of members of targeted 
                groups and forcing such members to move across State 
                lines to escape the incidence or risk of such violence; 
                and
                    (B) by preventing members of targeted groups from 
                purchasing goods and services, obtaining or sustaining 
                employment or participating in other commercial 
                activity.
            (7) Perpetrators cross State lines to commit such violence.
            (8) Channels, facilities, and instrumentalities of 
        interstate commerce are used to facilitate the commission of 
        such violence.
            (9) Such violence is committed using articles that have 
        traveled in interstate commerce.
            (10) For generations, the institutions of slavery and 
        involuntary servitude were defined by the race, color, and 
        ancestry of those held in bondage. Slavery and involuntary 
        servitude were enforced, both prior to and after the adoption 
        of the 13th amendment to the Constitution of the United States, 
        through widespread public and private violence directed at 
        persons because of their race, color, or ancestry, or perceived 
        race, color, or ancestry. Accordingly, eliminating racially 
        motivated violence is an important means of eliminating, to the 
        extent possible, the badges, incidents, and relics of slavery 
        and involuntary servitude.
            (11) Both at the time when the 13th, 14th, and 15th 
        amendments to the Constitution of the United States were 
        adopted, and continuing to date, members of certain religious 
        and national origin groups were and are perceived to be 
        distinct ``races''. Thus, in order to eliminate, to the extent 
        possible, the badges, incidents, and relics of slavery, it is 
        necessary to prohibit assaults on the basis of real or 
        perceived religions or national origins, at least to the extent 
        such religions or national origins were regarded as races at 
        the time of the adoption of the 13th, 14th, and 15th amendments 
        to the Constitution of the United States.
            (12) Federal jurisdiction over certain violent crimes 
        motivated by bias enables Federal, State, and local authorities 
        to work together as partners in the investigation and 
        prosecution of such crimes.
            (13) The problem of crimes motivated by bias is 
        sufficiently serious, widespread, and interstate in nature as 
        to warrant Federal assistance to States and local 
        jurisdictions.

SEC. 103. DEFINITION OF HATE CRIME.

    In this title, the term ``hate crime'' has the same meaning as in 
section 280003(a) of the Violent Crime Control and Law Enforcement Act 
of 1994 (28 U.S.C. 994 note).

SEC. 104. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE 
              AND LOCAL LAW ENFORCEMENT OFFICIALS.

    (a) Assistance Other Than Financial Assistance.--
            (1) In general.--At the request of a law enforcement 
        official of a State or Indian tribe, the Attorney General may 
        provide technical, forensic, prosecutorial, or any other form 
        of assistance in the criminal investigation or prosecution of 
        any crime that--
                    (A) constitutes a crime of violence (as defined in 
                section 16 of title 18, United States Code);
                    (B) constitutes a felony under the laws of the 
                State or Indian tribe; and
                    (C) is motivated by prejudice based on the victim's 
                race, color, religion, national origin, gender, sexual 
                orientation, or disability or is a violation of the 
                hate crime laws of the State or Indian tribe.
            (2) Priority.--In providing assistance under paragraph (1), 
        the Attorney General shall give priority to crimes committed by 
        offenders who have committed crimes in more than 1 State and to 
        rural jurisdictions that have difficulty covering the 
        extraordinary expenses relating to the investigation or 
        prosecution of the crime.
    (b) Grants.--
            (1) In general.--The Attorney General may award grants to 
        assist State, local, and Indian law enforcement officials with 
        the extraordinary expenses associated with the investigation 
        and prosecution of hate crimes. In implementing the grant 
        program, the Office of Justice Programs shall work closely with 
        the funded jurisdictions to ensure that the concerns and needs 
        of all affected parties, including community groups and 
        schools, colleges, and universities, are addressed through the 
        local infrastructure developed under the grants.
            (2)  Application.--
                    (A) In general.--Each State desiring a grant under 
                this subsection shall submit an application to the 
                Attorney General at such time, in such manner, and 
                accompanied by or containing such information as the 
                Attorney General shall reasonably require.
                    (B) Date for submission.--Applications submitted 
                pursuant to subparagraph (A) shall be submitted during 
                the 60-day period beginning on a date that the Attorney 
                General shall prescribe.
                    (C) Requirements.--A State or political subdivision 
                of a State or tribal official applying for assistance 
                under this subsection shall--
                            (i) describe the extraordinary purposes for 
                        which the grant is needed;
                            (ii) certify that the State, political 
                        subdivision, or Indian tribe lacks the 
                        resources necessary to investigate or prosecute 
                        the hate crime;
                            (iii) demonstrate that, in developing a 
                        plan to implement the grant, the State, 
                        political subdivision, or tribal official has 
                        consulted and coordinated with nonprofit, 
                        nongovernmental victim services programs that 
                        have experience in providing services to 
                        victims of hate crimes; and
                            (iv) certify that any Federal funds 
                        received under this subsection will be used to 
                        supplement, not supplant, non-Federal funds 
                        that would otherwise be available for 
                        activities funded under this subsection.
            (3) Deadline.--An application for a grant under this 
        subsection shall be approved or disapproved by the Attorney 
        General not later than 30 business days after the date on which 
the Attorney General receives the application.
            (4) Grant amount.--A grant under this subsection shall not 
        exceed $100,000 for any single jurisdiction within a 1 year 
        period.
            (5) Report.--Not later than December 31, 2002, the Attorney 
        General shall submit to Congress a report describing the 
        applications submitted for grants under this subsection, the 
        award of such grants, and the purposes for which the grant 
        amounts were expended.
            (6) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $5,000,000 for 
        each of fiscal years 2002 and 2003.

SEC. 105. GRANT PROGRAM.

    (a) Authority To Make Grants.--The Office of Justice Programs of 
the Department of Justice shall award grants, in accordance with such 
regulations as the Attorney General may prescribe, to State and local 
programs designed to combat hate crimes committed by juveniles, 
including programs to train local law enforcement officers in 
identifying, investigating, prosecuting, and preventing hate crimes.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 106. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND 
              LOCAL LAW ENFORCEMENT.

    There are authorized to be appropriated to the Department of the 
Treasury and the Department of Justice, including the Community 
Relations Service, for fiscal years 2002, 2003, and 2004 such sums as 
are necessary to increase the number of personnel to prevent and 
respond to alleged violations of section 249 of title 18, United States 
Code (as added by this title).

SEC. 107. PROHIBITION OF CERTAIN HATE CRIME ACTS.

    (a) In General.--Chapter 13 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 249. Hate crime acts
    ``(a) In General.--
            ``(1) Offenses involving actual or perceived race, color, 
        religion, or national origin.--Whoever, whether or not acting 
        under color of law, willfully causes bodily injury to any 
        person or, through the use of fire, a firearm, or an explosive 
        or incendiary device, attempts to cause bodily injury to any 
        person, because of the actual or perceived race, color, 
        religion, or national origin of any person--
                    ``(A) shall be imprisoned not more than 10 years, 
                fined in accordance with this title, or both; and
                    ``(B) shall be imprisoned for any term of years or 
                for life, fined in accordance with this title, or both, 
                if--
                            ``(i) death results from the offense; or
                            ``(ii) the offense includes kidnaping or an 
                        attempt to kidnap, aggravated sexual abuse or 
                        an attempt to commit aggravated sexual abuse, 
                        or an attempt to kill.
            ``(2) Offenses involving actual or perceived religion, 
        national origin, gender, sexual orientation, or disability.--
                    ``(A) In general.--Whoever, whether or not acting 
                under color of law, in any circumstance described in 
                subparagraph (B), willfully causes bodily injury to any 
                person or, through the use of fire, a firearm, or an 
                explosive or incendiary device, attempts to cause 
                bodily injury to any person, because of the actual or 
                perceived religion, national origin, gender, sexual 
                orientation, or disability of any person--
                            ``(i) shall be imprisoned not more than 10 
                        years, fined in accordance with this title, or 
                        both; and
                            ``(ii) shall be imprisoned for any term of 
                        years or for life, fined in accordance with 
                        this title, or both, if--
                                    ``(I) death results from the 
                                offense; or
                                    ``(II) the offense includes 
                                kidnaping or an attempt to kidnap, 
                                aggravated sexual abuse or an attempt 
                                to commit aggravated sexual abuse, or 
                                an attempt to kill.
                    ``(B) Circumstances described.--For purposes of 
                subparagraph (A), the circumstances described in this 
                subparagraph are that--
                            ``(i) the conduct described in subparagraph 
                        (A) occurs during the course of, or as the 
                        result of, the travel of the defendant or the 
                        victim--
                                    ``(I) across a State line or 
                                national border; or
                                    ``(II) using a channel, facility, 
                                or instrumentality of interstate or 
                                foreign commerce;
                            ``(ii) the defendant uses a channel, 
                        facility, or instrumentality of interstate or 
                        foreign commerce in connection with the conduct 
                        described in subparagraph (A);
                            ``(iii) in connection with the conduct 
                        described in subparagraph (A): the defendant 
                        employs a firearm, explosive or incendiary 
                        device, or other weapon that has traveled in 
                        interstate or foreign commerce; or
                            ``(iv) the conduct described in 
                        subparagraph (A)--
                                    ``(I) interferes with commercial or 
                                other economic activity in which the 
                                victim is engaged at the time of the 
                                conduct; or
                                    ``(II) otherwise affects interstate 
                                or foreign commerce.
    ``(b) Certification Requirement.--No prosecution of any offense 
described in this subsection may be undertaken by the United States, 
except under the certification in writing of the Attorney General, the 
Deputy Attorney General, the Associate Attorney General, or any 
Assistant Attorney General specially designated by the Attorney General 
that--
            ``(1) he or she has reasonable cause to believe that the 
        actual or perceived race, color, religion, national origin, 
        gender, sexual orientation, or disability of any person was a 
        motivating factor underlying the alleged conduct of the 
        defendant; and
            ``(2) he or his designee or she or her designee has 
        consulted with State or local law enforcement officials 
        regarding the prosecution and determined that--
                    ``(A) the State does not have jurisdiction or does 
                not intend to exercise jurisdiction;
                    ``(B) the State has requested that the Federal 
                Government assume jurisdiction;
                    ``(C) the State does not object to the Federal 
                Government assuming jurisdiction; or
                    ``(D) the verdict or sentence obtained pursuant to 
                State charges left demonstratively unvindicated the 
                Federal interest in eradicating bias-motivated 
                violence.
    ``(c) Definitions.--In this section--
            ``(1) the term `explosive or incendiary device' has the 
        meaning given the term in section 232 of this title; and
            ``(2) the term `firearm' has the meaning given the term in 
        section 921(a) of this title.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
13 of title 18, United States Code, is amended by adding at the end the 
following:

``249. Hate crime acts.''.

SEC. 108. DUTIES OF FEDERAL SENTENCING COMMISSION.

    (a) Amendment of Federal Sentencing Guidelines.--Pursuant to its 
authority under section 994 of title 28, United States Code, the United 
States Sentencing Commission shall study the issue of adult recruitment 
of juveniles to commit hate crimes and shall, if appropriate, amend the 
Federal sentencing guidelines to provide sentencing enhancements (in 
addition to the sentencing enhancement provided for the use of a minor 
during the commission of an offense) for adult defendants who recruit 
juveniles to assist in the commission of hate crimes.
    (b) Consistency With Other Guidelines.--In carrying out this 
section, the United States Sentencing Commission shall--
            (1) ensure that there is reasonable consistency with other 
        Federal sentencing guidelines; and
            (2) avoid duplicative punishments for substantially the 
        same offense.

SEC. 109. STATISTICS.

    Subsection (b)(1) of the first section of the Hate Crimes 
Statistics Act (28 U.S.C. 534 note) is amended by inserting ``gender,'' 
after ``race,''.

SEC. 110. SEVERABILITY.

    If any provision of this title, an amendment made by this title, or 
the application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this 
title, the amendments made by this title, and the application of the 
provisions of such to any person or circumstance shall not be affected 
thereby.

                TITLE II--TRAFFIC STOPS STATISTICS STUDY

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Traffic Stops Statistics Study Act 
of 2001''.

SEC. 202. ATTORNEY GENERAL TO CONDUCT STUDY.

    (a) Study.--
            (1) In general.--The Attorney General shall conduct a 
        nationwide study of stops for traffic violations by law 
        enforcement officers.
            (2) Initial analysis.--The Attorney General shall perform 
        an initial analysis of existing data, including complaints 
        alleging and other information concerning traffic stops 
        motivated by race and other bias.
            (3) Data collection.--After completion of the initial 
        analysis under paragraph (2), the Attorney General shall then 
        gather the following data on traffic stops from a nationwide 
        sample of jurisdictions, including jurisdictions identified in 
        the initial analysis:
                    (A) The traffic infraction alleged to have been 
                committed that led to the stop.
                    (B) Identifying characteristics of the driver 
                stopped, including the race, gender, ethnicity, and 
                approximate age of the driver.
                    (C) Whether immigration status was questioned, 
                immigration documents were requested, or an inquiry was 
                made to the Immigration and Naturalization Service with 
                regard to any person in the vehicle.
                    (D) The number of individuals in the stopped 
                vehicle.
                    (E) Whether a search was instituted as a result of 
                the stop and whether consent was requested for the 
                search.
                    (F) Any alleged criminal behavior by the driver 
                that justified the search.
                    (G) Any items seized, including contraband or 
                money.
                    (H) Whether any warning or citation was issued as a 
                result of the stop.
                    (I) Whether an arrest was made as a result of 
                either the stop or the search and the justification for 
                the arrest.
                    (J) The duration of the stop.
    (b) Reporting.--Not later than 120 days after the date of enactment 
of this Act, the Attorney General shall report the results of its 
initial analysis to Congress, and make such report available to the 
public, and identify the jurisdictions for which the study is to be 
conducted. Not later than 2 years after the date of the enactment of 
this Act, the Attorney General shall report the results of the data 
collected under this title to Congress, a copy of which shall also be 
published in the Federal Register.

SEC. 203. GRANT PROGRAM.

    In order to complete the study described in section 202, the 
Attorney General may provide grants to law enforcement agencies to 
collect and submit the data described in section 202 to the appropriate 
agency as designated by the Attorney General.

SEC. 204. LIMITATION ON USE OF DATA.

    Information released pursuant to section 202 shall not reveal the 
identity of any individual who is stopped or any law enforcement 
officer involved in a traffic stop.

SEC. 205. DEFINITIONS.

    In this title:
            (1) Law enforcement agency.--The term ``law enforcement 
        agency'' means an agency of a State or political subdivision of 
        a State, authorized by law or by a Federal, State, or local 
        government agency to engage in or supervise the prevention, 
        detection, or investigation of violations of criminal laws, or 
        a federally recognized Indian tribe.
            (2) Indian tribe.--The term ``Indian tribe'' means any 
        Indian or Alaska Native tribe, band, nation, pueblo, village, 
        or community that the Secretary of the Interior acknowledges to 
        exist as an Indian tribe.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title.

             TITLE III--SUPPORTING INDIGENT REPRESENTATION

SEC. 301. FINDINGS.

    Congress finds the following:
            (1) There is a need to encourage equal access for 
        individuals to the system of justice in the United States.
            (2) There is a need to encourage the provision of high 
        quality legal assistance for persons who would otherwise be 
        unable to afford legal counsel.
            (3) Legal Services Corporation programs serve clients with 
        cases concerning housing, family law, income maintenance, 
        consumer issues, and employment.
            (4) For years the Federal resources available to the Legal 
        Services Corporation have eroded. Nearly half of all people who 
        applied for assistance from local Legal Services Corporation 
        programs have been turned away in recent years.
            (5) Congress must adequately fund Legal Services 
        Corporation programs to preserve the strength of the programs.

SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

    Section 1010(a) of the Legal Services Corporation Act (42 U.S.C. 
2996i(a)) is amended to read as follows:
    ``(a) There are authorized to be appropriated for the purpose of 
carrying out the activities of the Corporation, $400,000,000 for fiscal 
year 2002.''.

 TITLE IV--GENETIC NONDISCRIMINATION IN HEALTH INSURANCE AND EMPLOYMENT

Subtitle A--Prohibition of Health Insurance Discrimination on the Basis 
                   of Predictive Genetic Information

SEC. 401. AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 
              1974.

    (a) Prohibition of Health Insurance Discrimination on the Basis of 
Genetic Services or Predictive Genetic Information.--
            (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 ``(or information about a request for or the 
        receipt of genetic services by such individual or family member 
        of such individual)''.
            (2) No discrimination in group rate based on predictive 
        genetic information.--
                    (A) In general.--Subpart B of Part 7 of subtitle B 
                of title I of the Employee Retirement Income Security 
                Act of 1974 (29 U.S.C. 1185 et seq.) is amended by 
                adding at the end the following:

``SEC. 714. PROHIBITING DISCRIMINATION AGAINST GROUPS ON THE BASIS OF 
              PREDICTIVE GENETIC INFORMATION.

    ``A group health plan, and a health insurance issuer offering group 
health insurance coverage in connection with a group health plan, shall 
not deny eligibility to a group or adjust premium or contribution rates 
for a group on the basis of predictive genetic information concerning 
an individual in the group (or information about a request for or the 
receipt of genetic services by such individual or family member of such 
individual).''.
                    (B) Conforming amendments.--
                            (i) Section 702(b)(2)(A) of the Employee 
                        Retirement Income Security Act of 1974 (29 
                        U.S.C. 1182(b)) is amended to read as follows:
                    ``(A) to restrict the amount that an employer may 
                be charged for coverage under a group health plan, 
                except as provided in section 714; or''.
                            (ii) Section 732(a) of the Employee 
                        Retirement Income Security Act of 1974 (29 
                        U.S.C. 1191a(a)) is amended by striking 
                        ``section 711'' and inserting ``subsections 
                        (a)(1)(F), (b) (with respect to cases relating 
                        to genetic information or information about a 
                        request or receipt of genetic services by an 
                        individual or family member of such 
                        individual), (c), (d), (e), (f), or (g) of 
                        section 702, section 711 and section 714''.
    (b) Limitations on Genetic Testing and on Collection and Disclosure 
of Predictive Genetic Information.--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 limit the authority of a health care professional, 
        who is providing treatment with respect to an individual and 
        who is employed by a group health plan or a health insurance 
        issuer, to request that such individual or family member of 
        such individual undergo a genetic test. Such a health care 
        professional shall not require that such individual or family 
        member undergo a genetic test.
    ``(d) Collection of Predictive Genetic Information.--Except as 
provided in subsections (f) and (g), a group health plan, or a health 
insurance issuer offering health insurance coverage in connection with 
a group health plan, shall not request, require, collect, or purchase 
predictive genetic information concerning an individual (or information 
about a request for or the receipt of genetic services by such 
individual or family member of such individual).
    ``(e) Disclosure of Predictive Genetic Information.--A group health 
plan, or a health insurance issuer offering health insurance coverage 
in connection with a group health plan, shall not disclose predictive 
genetic information about an individual (or information about a request 
for or the receipt of genetic services by such individual or family 
member of such individual) to--
            ``(1) any entity that is a member of the same controlled 
        group as such issuer or plan sponsor of such group health plan;
            ``(2) any other group health plan or health insurance 
        issuer or any insurance agent, third party administrator, or 
        other person subject to regulation under State insurance laws;
            ``(3) the Medical Information Bureau or any other person 
        that collects, compiles, publishes, or otherwise disseminates 
        insurance information;
            ``(4) the individual's employer or any plan sponsor; or
            ``(5) any other person the Secretary may specify in 
        regulations.
    ``(f) Information for Payment for Genetic Services.--
            ``(1) In general.--With respect to payment for genetic 
        services conducted concerning an individual or the coordination 
        of benefits, a group health plan, or a health insurance issuer 
        offering group health insurance coverage in connection with a 
        group health plan, may request that the individual provide the 
        plan or issuer with evidence that such services were performed.
            ``(2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to--
                    ``(A) permit a group health plan or health 
                insurance issuer to request (or require) the results of 
                the services referred to in such paragraph; or
                    ``(B) require that a group health plan or health 
                insurance issuer make payment for services described in 
                such paragraph where the individual involved has 
                refused to provide evidence of the performance of such 
                services pursuant to a request by the plan or issuer in 
                accordance with such paragraph.
    ``(g) Information for Payment of Other Claims.--With respect to the 
payment of claims for benefits other than genetic services, a group 
health plan, or a health insurance issuer offering group health 
insurance coverage in connection with a group health plan, may request 
that an individual provide predictive genetic information so long as 
such information--
            ``(1) is used solely for the payment of a claim;
            ``(2) is limited to information that is directly related to 
        and necessary for the payment of such claim and the claim would 
        otherwise be denied but for the predictive genetic information; 
        and
            ``(3) is used only by an individual (or individuals) within 
        such plan or issuer who needs access to such information for 
        purposes of payment of a claim.
    ``(h) Rules of Construction.--
            ``(1) Collection or disclosure authorized by individual.--
        The provisions of subsections (d) (regarding collection) and 
        (e) shall not apply to an individual if the individual (or 
        legal representative of the individual) provides prior, 
        knowing, voluntary, and written authorization for the 
        collection or disclosure of predictive genetic information.
            ``(2) Disclosure for health care treatment.--Nothing in 
        this section shall be construed to limit or restrict the 
        disclosure of predictive genetic information from a health care 
        provider to another health care provider for the purpose of 
        providing health care treatment to the individual involved.
    ``(i) Definitions.--In this section:
            ``(1) Controlled group.--The term `controlled group' means 
        any group treated as a single employer under subsection (b), 
        (c), (m), or (o) of section 414 of the Internal Revenue Code of 
        1986.
            ``(2) Group health plan, health insurance issuer.--The 
        terms `group health plan' and `health insurance issuer' include 
a third party administrator or other person acting for or on behalf of 
such plan or issuer.''.
    (c) Enforcement.--Section 502 (29 U.S.C. 1132) is amended by adding 
at the end the following:
    ``(n) Violation of Genetic Discrimination or Genetic Disclosure 
Provisions.--In any action under this section against any administrator 
of a group health plan, or health insurance issuer offering group 
health insurance coverage in connection with a group health plan 
(including any third party administrator or other person acting for or 
on behalf of such plan or issuer) alleging a violation of subsection 
(a)(1)(F), (b) (with respect to cases relating to genetic information 
or information about a request or receipt of genetic services by an 
individual or family member of such individual), (c), (d), (e), (f), or 
(g) of section 702, or section 714, the court may award any appropriate 
legal or equitable relief. Such relief may include a requirement for 
the payment of attorney's fees and costs, including the costs of expert 
witnesses.
    ``(o) Civil Penalty.--The monetary provisions of section 
308(b)(2)(C) of Public Law 101-336 (42 U.S.C. 12188(b)(2)(C)) shall 
apply for purposes of the Secretary enforcing the provisions referred 
to in subsection (n), except that any such relief awarded shall be paid 
only into the general fund of the Treasury.''.
    (d) Preemption.--Section 731 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1191) is amended--
            (1) in subsection (a)(1), by inserting ``or (e)'' after 
        ``subsection (b)''; and
            (2) by adding at the end the following:
    ``(e) Special Rule in Case of Genetic Information.--With respect to 
group health insurance coverage offered by a health insurance issuer, 
the provisions of this part relating to genetic information (including 
information about a request for or the receipt of genetic services by 
an individual or a family member of such individual) shall not be 
construed to supersede any provision of State law which establishes, 
implements, or continues in effect a standard, requirement, or remedy 
that more completely--
            ``(1) protects the confidentiality of genetic information 
        (including information about a request for or the receipt of 
        genetic services by an individual or a family member of such 
        individual) or the privacy of an individual or a family member 
        of the individual with respect to genetic information 
        (including information about a request for or the receipt of 
        genetic services by an individual or a family member of such 
        individual) than does this part; or
            ``(2) prohibits discrimination on the basis of genetic 
        information than does this part.''.
    (e) 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; or
                    ``(C) any other individuals related by blood to the 
                individual or to the spouse or child described in 
                subparagraph (A) or (B).
            ``(6) Genetic information.--The term `genetic information' 
        means information about genes, gene products, or inherited 
        characteristics that may derive from an individual or a family 
        member of such individual (including information about a 
        request for or the receipt of genetic services by such 
        individual or family member of such individual).
            ``(7) Genetic services.--The term `genetic services' means 
        health services, including genetic tests, provided to obtain, 
        assess, or interpret genetic information for diagnostic and 
        therapeutic purposes, and for genetic education and counseling.
            ``(8) Genetic test.--The term `genetic test' means the 
        analysis of human DNA, RNA, chromosomes, proteins, and certain 
        metabolites in order to detect genotypes, mutations, or 
        chromosomal changes.
            ``(9) Predictive genetic information.--
                    ``(A) In general.--The term `predictive genetic 
                information' means--
                            ``(i) information about an individual's 
                        genetic tests;
                            ``(ii) information about genetic tests of 
                        family members of the individual; or
                            ``(iii) information about the occurrence of 
                        a disease or disorder in family members.
                    ``(B) Limitations.--The term `predictive genetic 
                information' shall not include--
                            ``(i) information about the sex or age of 
                        the individual;
                            ``(ii) information about chemical, blood, 
                        or urine analyses of the individual, unless 
                        these analyses are genetic tests; or
                            ``(iii) information about physical exams of 
                        the individual, and other information relevant 
                        to determining the current health status of the 
                        individual.''.
    (f) Amendment Concerning Supplemental Excepted Benefits.--Section 
732(c)(3) of the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1191a(c)(3)) is amended by inserting ``, other than the 
requirements of subsections (a)(1)(F), (b) (in cases relating 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), (c), (d), (e), (f) and (g) of section 702 and section 
714,'' after ``The requirements of this part''.
    (g) Effective Date.--
            (1) In general.--Except as provided in this section, this 
        section and the amendments made by this section shall apply 
        with respect to group health plans for plan years beginning 
        after October 1, 2002.
            (2) Special rule for collective bargaining agreements.--In 
        the case of a group health plan maintained pursuant to one or 
        more collective bargaining agreements between employee 
        representatives and one or more employers ratified before the 
        date of the enactment of this Act, this section and the 
        amendments made by this section shall not apply to plan years 
        beginning before the later of--
                    (A) the date on which the last of the collective 
                bargaining agreements relating to the plan terminates 
                (determined without regard to any extension thereof 
                agreed to after the date of the enactment of this Act), 
                or
                    (B) October 1, 2002.
        For purposes of subparagraph (A), any plan amendment made 
        pursuant to a collective bargaining agreement relating to the 
        plan which amends the plan solely to conform to any requirement 
        of the amendments made by this section shall not be treated as 
        a termination of such collective bargaining agreement.

SEC. 402. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

    (a) Amendments Relating to the Group Market.--
            (1) Prohibition of health insurance discrimination on the 
        basis of predictive 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: ``(or 
                information about a request for or the receipt of 
                genetic services by an individual or a family member of 
                such individual)''.
                    (B) No discrimination in group rate based on 
                predictive genetic information.--
                            (i) In general.--Subpart 2 of part A of 
                        title XXVII of the Public Health Service (42 
                        U.S.C. 300gg-4 et seq.) is amended by adding at 
                        the end the following:

``SEC. 2707. PROHIBITING DISCRIMINATION AGAINST GROUPS ON THE BASIS OF 
              PREDICTIVE GENETIC INFORMATION.

    ``A group health plan, and a health insurance issuer offering group 
health insurance coverage in connection with a group health plan, shall 
not deny eligibility to a group or adjust premium or contribution rates 
for a group on the basis of predictive genetic information concerning 
an individual in the group (or information about a request for or the 
receipt of genetic services by such individual or family member of such 
individual).''.
                            (ii) Conforming amendments.--
                                    (I) Section 2702(b)(2)(A) of the 
                                Public Health Service Act (42 U.S.C. 
                                300gg-1(b)(2)(A)) is amended to read as 
                                follows:
                    ``(A) to restrict the amount that an employer may 
                be charged for coverage under a group health plan, 
                except as provided in section 2707; or''.
                                    (II) Section 2721(a) of the Public 
                                Health Service Act (42 U.S.C. 300gg-
                                21(a)) is amended by inserting ``(other 
                                than subsections (a)(1)(F), (b) (with 
                                respect to cases relating to genetic 
                                information or information about a 
                                request or receipt of genetic services 
                                by an individual or family member of 
                                such individual), (c), (d), (e), (f), 
                                or (g) of section 2702 and section 
                                2707)'' after ``subparts 1 and 3''.
            (2) Limitations on genetic testing and on collection and 
        disclosure of predictive genetic information.--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 title shall be 
        construed to limit the authority of a health care professional, 
        who is providing treatment with respect to an individual and 
        who is employed by a group health plan or a health insurance 
        issuer, to request that such individual or family member of 
        such individual undergo a genetic test. Such a health care 
        professional shall not require that such individual or family 
        member undergo a genetic test.
    ``(d) Collection of Predictive Genetic Information.--Except as 
provided in subsections (f) and (g), a group health plan, or a health 
insurance issuer offering health insurance coverage in connection with 
a group health plan, shall not request, require, collect, or 
purchase predictive genetic information concerning an individual (or 
information about a request for or the receipt of genetic services by 
such individual or family member of such individual).
    ``(e) Disclosure of Predictive Genetic Information.--A group health 
plan, or a health insurance issuer offering health insurance coverage 
in connection with a group health plan, shall not disclose predictive 
genetic information about an individual (or information about a request 
for or the receipt of genetic services by such individual or family 
member of such individual) to--
            ``(1) any entity that is a member of the same controlled 
        group as such issuer or plan sponsor of such group health plan;
            ``(2) any other group health plan or health insurance 
        issuer or any insurance agent, third party administrator, or 
        other person subject to regulation under State insurance laws;
            ``(3) the Medical Information Bureau or any other person 
        that collects, compiles, publishes, or otherwise disseminates 
        insurance information;
            ``(4) the individual's employer or any plan sponsor; or
            ``(5) any other person the Secretary may specify in 
        regulations.
    ``(f) Information for Payment for Genetic Services.--
            ``(1) In general.--With respect to payment for genetic 
        services conducted concerning an individual or the coordination 
        of benefits, a group health plan, or a health insurance issuer 
        offering group health insurance coverage in connection with a 
        group health plan, may request that the individual provide the 
        plan or issuer with evidence that such services were performed.
            ``(2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to--
                    ``(A) permit a group health plan or health 
                insurance issuer to request (or require) the results of 
                the services referred to in such paragraph; or
                    ``(B) require that a group health plan or health 
                insurance issuer make payment for services described in 
                such paragraph where the individual involved has 
                refused to provide evidence of the performance of such 
                services pursuant to a request by the plan or issuer in 
                accordance with such paragraph.
    ``(g) Information for Payment of Other Claims.--With respect to the 
payment of claims for benefits other than genetic services, a group 
health plan, or a health insurance issuer offering group health 
insurance coverage in connection with a group health plan, may request 
that an individual provide predictive genetic information so long as 
such information--
            ``(1) is used solely for the payment of a claim;
            ``(2) is limited to information that is directly related to 
        and necessary for the payment of such claim and the claim would 
        otherwise be denied but for the predictive genetic information; 
        and
            ``(3) is used only by an individual (or individuals) within 
        such plan or issuer who needs access to such information for 
        purposes of payment of a claim.
    ``(h) Rules of Construction.--
            ``(1) Collection or disclosure authorized by individual.--
        The provisions of subsections (d) (regarding collection) and 
        (e) shall not apply to an individual if the individual (or 
        legal representative of the individual) provides prior, 
        knowing, voluntary, and written authorization for the 
        collection or disclosure of predictive genetic information.
            ``(2) Disclosure for health care treatment.--Nothing in 
        this section shall be construed to limit or restrict the 
        disclosure of predictive genetic information from a health care 
        provider to another health care provider for the purpose of 
        providing health care treatment to the individual involved.
    ``(i) Definitions.--In this section:
            ``(1) Controlled group.--The term `controlled group' means 
        any group treated as a single employer under subsection (b), 
        (c), (m), or (o) of section 414 of the Internal Revenue Code of 
        1986.
            ``(2) Group health plan, health insurance issuer.--The 
        terms `group health plan' and `health insurance issuer' include 
        a third party administrator or other person acting for or on 
        behalf of such plan or issuer.''.
            (3) 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 new paragraphs:
            ``(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.--The term `genetic information' 
        means information about genes, gene products, or inherited 
        characteristics that may derive from an individual or a family 
        member of such individual (including information about a 
        request for or the receipt of genetic services by such 
        individual or family member of such individual).
            ``(17) Genetic services.--The term `genetic services' means 
        health services, including genetic tests, provided to obtain, 
        assess, or interpret genetic information for diagnostic and 
        therapeutic purposes, and for genetic education and 
        counselling.
            ``(18) Genetic test.--The term `genetic test' means the 
        analysis of human DNA, RNA, chromosomes, proteins, and certain 
        metabolites in order to detect genotypes, mutations, or 
        chromosomal changes.
            ``(19) Predictive genetic information.--
                    ``(A) In general.--The term `predictive genetic 
                information' means--
                            ``(i) information about an individual's 
                        genetic tests;
                            ``(ii) information about genetic tests of 
                        family members of the individual; or
                            ``(iii) information about the occurrence of 
                        a disease or disorder in family members.
                    ``(B) Limitations.--The term `predictive genetic 
                information' shall not include--
                            ``(i) information about the sex or age of 
                        the individual;
                            ``(ii) information about chemical, blood, 
                        or urine analyses of the individual, unless 
                        these analyses are genetic tests; or
                            ``(iii) information about physical exams of 
                        the individual, and other information relevant 
                        to determining the current health status of the 
                        individual.''.
    (b) Amendment Relating to the Individual Market.--The first subpart 
3 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 
300gg-51 et seq.) is amended--
            (1) by redesignating such subpart as subpart 2; and
            (2) by adding at the end the following:

``SEC. 2753. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION AGAINST 
              INDIVIDUALS ON THE BASIS OF PREDICTIVE GENETIC 
              INFORMATION.

    ``(a) Ineligibility To Enroll.--A health insurance issuer offering 
health insurance coverage in the individual market shall not establish 
rules for eligibility to enroll in individual health insurance coverage 
that are based on predictive 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).
    ``(b) In Premium Rates.--A health insurance issuer offering health 
insurance coverage in the individual market shall not adjust premium 
rates on the basis of predictive genetic information concerning an 
individual (or information about a request for or the receipt of 
genetic services by such individual or family member of such 
individual).

``SEC. 2754. LIMITATIONS ON GENETIC TESTING AND ON COLLECTION AND 
              DISCLOSURE OF PREDICTIVE GENETIC INFORMATION.

    ``(a) 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 title shall be 
        construed to limit the authority of a health care professional, 
        who is providing treatment with respect to an individual and 
        who is employed by a group health plan or a health insurance 
        issuer, to request that such individual or family member of 
        such individual undergo a genetic test. Such a health care 
        professional shall not require that such individual or family 
        member undergo a genetic test.
    ``(b) Collection of Predictive Genetic Information.--Except as 
provided in subsections (d) and (e), a health insurance issuer offering 
health insurance coverage in the individual market shall not request, 
require, collect, or purchase predictive genetic information concerning 
an individual (or information about a request for or the receipt of 
genetic services by such individual or family member of such 
individual).
    ``(c) Disclosure of Predictive Genetic Information.--A health 
insurance issuer offering health insurance coverage in the individual 
market shall not disclose predictive genetic information about an 
individual (or information about a request for or the receipt of 
genetic services by such individual or family member of such 
individual) to--
            ``(1) any entity that is a member of the same controlled 
        group as such issuer or plan sponsor of such group health plan;
            ``(2) any other group health plan or health insurance 
        issuer or any insurance agent, third party administrator, or 
        other person subject to regulation under State insurance laws;
            ``(3) the Medical Information Bureau or any other person 
        that collects, compiles, publishes, or otherwise disseminates 
        insurance information;
            ``(4) the individual's employer or any plan sponsor; or
            ``(5) any other person the Secretary may specify in 
        regulations.
    ``(d) Information for Payment for Genetic Services.--
            ``(1) In general.--With respect to payment for genetic 
        services conducted concerning an individual or the coordination 
        of benefits, a health insurance issuer offering health 
        insurance coverage in the individual market may request that 
        the individual provide the plan or issuer with evidence that 
        such services were performed.
            ``(2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to--
                    ``(A) permit a health insurance issuer to request 
                (or require) the results of the services referred to in 
                such paragraph; or
                    ``(B) require that a health insurance issuer make 
                payment for services described in such paragraph where 
                the individual involved has refused to provide evidence 
                of the performance of such services pursuant to a 
                request by the plan or issuer in accordance with such 
                paragraph.
    ``(e) Information for Payment of Other Claims.--With respect to the 
payment of claims for benefits other than genetic services, a health 
insurance issuer offering health insurance coverage in the individual 
market may request that an individual provide predictive genetic 
information so long as such information--
            ``(1) is used solely for the payment of a claim;
            ``(2) is limited to information that is directly related to 
        and necessary for the payment of such claim and the claim would 
        otherwise be denied but for the predictive genetic information; 
        and
            ``(3) is used only by an individual (or individuals) within 
        such plan or issuer who needs access to such information for 
        purposes of payment of a claim.
    ``(f) Rules of Construction.--
            ``(1) Collection or disclosure authorized by individual.--
        The provisions of subsections (c) (regarding collection) and 
        (d) shall not apply to an individual if the individual (or 
        legal representative of the individual) provides prior, 
        knowing, voluntary, and written authorization for the 
        collection or disclosure of predictive genetic information.
            ``(2) Disclosure for health care treatment.--Nothing in 
        this section shall be construed to limit or restrict the 
        disclosure of predictive genetic information from a health care 
        provider to another health care provider for the purpose of 
        providing health care treatment to the individual involved.
    ``(g) Definitions.--In this section:
            ``(1) Controlled group.--The term `controlled group' means 
        any group treated as a single employer under subsection (b), 
        (c), (m), or (o) of section 414 of the Internal Revenue Code of 
        1986.
            ``(2) Group health plan, health insurance issuer.--The 
        terms `group health plan' and `health insurance issuer' include 
        a third party administrator or other person acting for or on 
        behalf of such plan or issuer.''.
    (c) Enforcement.--
            (1) Group plans.--Section 2722 of the Public Health Service 
        Act (42 U.S.C. 300gg-22) is amended by adding at the end the 
        following:
    ``(c) Violation of Genetic Discrimination or Genetic Disclosure 
Provisions.--In any action under this section against any administrator 
of a group health plan, or health insurance issuer offering group 
health insurance coverage in connection with a group health plan 
(including any third party administrator or other person acting for or 
on behalf of such plan or issuer) alleging a violation of subsections 
(a)(1)(F), (b) (with respect to cases relating to genetic information 
or information about a request or receipt of genetic services by an 
individual or family member of such individual), (c), (d), (e), (f), or 
(g) of section 2702 and section 2707 the court may award any 
appropriate legal or equitable relief. Such relief may include a 
requirement for the payment of attorney's fees and costs, including the 
costs of expert witnesses.
    ``(d) Civil Penalty.--The monetary provisions of section 
308(b)(2)(C) of Public Law 101-336 (42 U.S.C. 12188(b)(2)(C)) shall 
apply for purposes of the Secretary enforcing the provisions referred 
to in subsection (c), except that any such relief awarded shall be paid 
only into the general fund of the Treasury.''.
            (2) Individual plans.--Section 2761 of the Public Health 
        Service Act (42 U.S.C. 300gg-45) is amended by adding at the 
        end the following:
    ``(c) Violation of Genetic Discrimination or Genetic Disclosure 
Provisions.--In any action under this section against any health 
insurance issuer offering health insurance coverage in the individual 
market (including any other person acting for or on behalf of such 
issuer) alleging a violation of sections 2753 and 2754 the court in 
which the action is commenced may award any appropriate legal or 
equitable relief. Such relief may include a requirement for the payment 
of attorney's fees and costs, including the costs of expert witnesses.
    ``(d) Civil Penalty.--The monetary provisions of section 
308(b)(2)(C) of Public Law 101-336 (42 U.S.C. 12188(b)(2)(C)) shall 
apply for purposes of the Secretary enforcing the provisions referred 
to in subsection (c), except that any such relief awarded shall be paid 
only into the general fund of the Treasury.''.
    (d) Preemption.--
            (1) Group market.--Section 2723 of the Public Health 
        Service Act (42 U.S.C. 300gg-23) is amended--
                    (A) in subsection (a)(1), by inserting ``or (e)'' 
                after ``subsection (b)''; and
                    (B) by adding at the end the following:
    ``(e) Special Rule in Case of Genetic Information.--With respect to 
group health insurance coverage offered by a health insurance issuer, 
the provisions of this part relating to genetic information (including 
information about a request for or the receipt of genetic services by 
an individual or a family member of such individual) shall not be 
construed to supersede any provision of State law which establishes, 
implements, or continues in effect a standard, requirement, or remedy 
that more completely--
            ``(1) protects the confidentiality of genetic information 
        (including information about a request for or the receipt of 
        genetic services by an individual or a family member of such 
        individual) or the privacy of an individual or a family member 
        of the individual with respect to genetic information 
(including information about a request for or the receipt of genetic 
services by an individual or a family member of such individual); or
            ``(2) prohibits discrimination on the basis of genetic 
        information than does this part.''.
            (2) Individual market.--Section 2762 of the Public Health 
        Service Act (42 U.S.C. 300gg-46) is amended--
                    (A) in subsection (a), by inserting ``and except as 
                provided in subsection (c),'' after ``Subject to 
                subsection (b),''; and
                    (B) by adding at the end the following:
    ``(c) Special Rule in Case of Genetic Information.--With respect to 
individual health insurance coverage offered by a health insurance 
issuer, the provisions of this part (or part C insofar as it applies to 
this part) relating to genetic information (including information about 
a request for or the receipt of genetic services by an individual or a 
family member of such individual) shall not be construed to supersede 
any provision of State law (as defined in section 2723(d)) which 
establishes, implements, or continues in effect a standard, 
requirement, or remedy that more completely--
            ``(1) protects the confidentiality of genetic information 
        (including information about a request for or the receipt of 
        genetic services of an individual or a family member of such 
        individual) or the privacy of an individual or a family member 
        of the individual with respect to genetic information 
        (including information about a request for or the receipt of 
        genetic services by an individual or a family member of such 
        individual) than does this part (or part C insofar as it 
        applies to this part); or
            ``(2) prohibits discrimination on the basis of genetic 
        information than does this part (or part C insofar as it 
        applies to this part).''.
    (e) 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), (c), (d), 
                (e), (f), and (g) of section 2702 and section 2707, and 
                the provisions of section 2702(b) to the extent that 
                they 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).''.
    (f) Amendment Concerning Supplemental Excepted Benefits.--
            (1) Group market.--Section 2721(d)(3) of the Public Health 
        Service Act (42 U.S.C. 300gg-23(d)(3)) is amended by inserting 
        ``, other than the requirements of subsections (a)(1)(F), (b) 
        (in cases relating 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)), (c), (d), 
        (e), (f) and (g) of section 2702 and section 2707,'' after 
        ``The requirements of this part''.
            (2) Individual market.--Section 2763(b) of the Public 
        Health Service Act (42 U.S.C. 300gg-47(b)) is amended--
                    (A) by striking ``The requirements of this part'' 
                and inserting the following:
            ``(1) In general.--Except as provided in paragraph (2), the 
        requirements of this part''; and
                    (B) by adding at the end the following:
            ``(2) Limitation.--The requirements of sections 2753 and 
        2754 shall apply to excepted benefits described in section 
        2791(c)(4).''.
    (g) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply with respect to--
                    (A) group health plans, and health insurance 
                coverage offered in connection with group health plans, 
                for plan years beginning; and
                    (B) health insurance coverage offered, sold, 
                issued, renewed, in effect, or operated in the 
                individual market, after;
        October 1, 2002.
            (2) Special rule for collective bargaining agreements.--In 
        the case of a group health plan maintained pursuant to one or 
        more collective bargaining agreements between employee 
        representatives and one or more employers ratified before the 
        date of the enactment of this Act, the amendments made by this 
        section shall not apply to plan years beginning before the 
        later of--
                    (A) the date on which the last of the collective 
                bargaining agreements relating to the plan terminates 
                (determined without regard to any extension thereof 
                agreed to after the date of the enactment of this Act); 
                or
                    (B) October 1, 2002.
        For purposes of subparagraph (A), any plan amendment made 
        pursuant to a collective bargaining agreement relating to the 
        plan which amends the plan solely to conform to any requirement 
        of the amendments made by this section shall not be treated as 
        a termination of such collective bargaining agreement.

SEC. 403. AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.

    (a) Prohibition of Health Insurance Discrimination on the Basis of 
Genetic Services or Predictive Genetic Information.--
            (1) No enrollment restriction for genetic services.--
        Section 9802(a)(1)(F) of the Internal Revenue Code of 1986 
        (relating to eligibility to enroll) is amended by inserting 
        before the period ``(or information about a request for or the 
        receipt of genetic services by such individual or family member 
        of such individual)''.
            (2) No discrimination in group rate based on predictive 
        genetic information.--
                    (A) In general.--Subchapter B of chapter 100 of 
                such Code (relating to other requirements) is amended 
                by adding at the end the following:

``SEC. 9813. PROHIBITING DISCRIMINATION AGAINST GROUPS ON THE BASIS OF 
              PREDICTIVE GENETIC INFORMATION.

    ``A group health plan shall not deny eligibility to a group or 
adjust premium or contribution rates for a group on the basis of 
predictive genetic information concerning an individual in the group 
(or information about a request for or the receipt of genetic services 
by such individual or family member of such individual).''.
                    (B) Conforming amendments.--
                            (i) Section 9802(b)(2)(A) of such Code is 
                        amended to read as follows:
                    ``(A) to restrict the amount that an employer may 
                be charged for coverage under a group health plan, 
                except as provided in section 9813; or''.
                            (ii) Section 9831(a) of such Code (relating 
                        to exception for certain plans) is amended by 
                        inserting ``(other than subsection (a)(1)(F), 
                        (b) (with respect to cases relating to genetic 
                        information or information about a request for 
                        or receipt of genetic services by an individual 
                        or family member of such individual), (d) (e), 
                        (f), (g) or (h) of section 9802 or section 
                        9813)'' after ``chapter''.
                            (iii) The table of sections for subchapter 
                        B of chapter 100 of such Code is amended by 
                        adding at the end the following new item:

                              ``Sec. 9813. Prohibiting discrimination 
                                        against groups on the basis of 
                                        predictive genetic 
                                        information.''.
    (b) Limitations on Genetic Testing and on Collection and Disclosure 
of Predictive Genetic Information.--Section 9802 of the Internal 
Revenue Code of 1986 (relating to prohibiting discrimination against 
individual participants and beneficiaries based on health status) is 
amended by adding at the end the following new subsections:
    ``(d) Genetic Testing.--
            ``(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 chapter shall 
        be construed to limit the authority of a health care 
        professional, who is providing treatment with respect to an 
        individual and who is employed by a group health plan, to 
        request that such individual or family member of such 
        individual undergo a genetic test. Such a health care 
        professional shall not require that such individual or family 
        member undergo a genetic test.
    ``(e) Collection of Predictive Genetic Information.--Except as 
provided in subsections (g) and (h), a group health plan shall not 
request, require, collect, or purchase predictive genetic information 
concerning an individual (or information about a request for or the 
receipt of genetic services by such individual or family member of such 
individual).
    ``(f) Disclosure of Predictive Genetic Information.--A group health 
plan shall not disclose predictive genetic information about an 
individual (or information about a request for or the receipt of 
genetic services by such individual or family member of such 
individual) to--
            ``(1) any entity that is a member of the same controlled 
        group as such issuer or plan sponsor of such group health plan,
            ``(2) any other group health plan or health insurance 
        issuer or any insurance agent, third party administrator, or 
        other person subject to regulation under State insurance laws,
            ``(3) the Medical Information Bureau or any other person 
        that collects, compiles, publishes, or otherwise disseminates 
        insurance information,
            ``(4) the individual's employer or any plan sponsor, or
            ``(5) any other person the Secretary may specify in 
        regulations.
    ``(g) Information for Payment for Genetic Services.--
            ``(1) In general.--With respect to payment for genetic 
        services conducted concerning an individual or the coordination 
        of benefits, a group health plan may request that the 
        individual provide the plan with evidence that such services 
        were performed.
            ``(2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to--
                    ``(A) permit a group health plan to request (or 
                require) the results of the services referred to in 
                such paragraph, or
                    ``(B) require that a group health plan make payment 
                for services described in such paragraph where the 
                individual involved has refused to provide evidence of 
                the performance of such services pursuant to a request 
                by the plan in accordance with such paragraph.
    ``(h) Information for Payment of Other Claims.--With respect to the 
payment of claims for benefits other than genetic services, a group 
health plan may request that an individual provide predictive genetic 
information so long as such information--
            ``(1) is used solely for the payment of a claim,
            ``(2) is limited to information that is directly related to 
        and necessary for the payment of such claim and the claim would 
        otherwise be denied but for the predictive genetic information, 
        and
            ``(3) is used only by an individual within such plan or 
        issuer who needs access to such information for purposes of 
        payment of a claim.
    ``(i) Rules of Construction.--
            ``(1) Collection or disclosure authorized by individual.--
        The provisions of subsections (e) (regarding collection) and 
        (f) shall not apply to an individual if the individual (or 
        legal representative of the individual) provides prior, 
        knowing, voluntary, and written authorization for the 
        collection or disclosure of predictive genetic information.
            ``(2) Disclosure for health care treatment.--Nothing in 
        this section shall be construed to limit or restrict the 
        disclosure of predictive genetic information from a health care 
        provider to another health care provider for the purpose of 
        providing health care treatment to the individual involved.
    ``(j) Definitions.--In this section:
            ``(1) Controlled group.--The term `controlled group' means 
        any group treated as a single employer under subsections (b), 
        (c), (m), or (o) of section 414.
            ``(2) Group health plan, health insurance issuer.--The 
        terms `group health plan' and `health insurance issuer' include 
        a third party administrator or other person acting for or on 
        behalf of such plan or issuer.
    ``(k) Violation of Genetic Discrimination or Genetic Disclosure 
Provisions.--In any action under this section against any administrator 
of a group health plan (including any third party administrator or 
other person acting for or on behalf of such plan) alleging a violation 
of subsection (a)(1)(F), (b) (with respect to cases relating to genetic 
information or information about a request or receipt of genetic 
services by an individual or family member of such individual), (d), 
(e), (f), (g) or (h) or section 9813, the court may award any 
appropriate legal or equitable relief. Such relief may include a 
requirement for the payment of attorney's fees and costs, including the 
costs of expert witnesses.
    ``(l) Civil Penalty.--The monetary provisions of section 
308(b)(2)(C) of Public Law 101-336 (42 U.S.C. 12188(b)(2)(C)) shall 
apply for purposes of the Secretary enforcing the provisions referred 
to in subsection (k), except that any such relief awarded shall be paid 
only into the general fund of the Treasury.''.
    (c) Definitions.--Section 9832(d) of the Internal Revenue Code of 
1986 (relating to other definitions) is amended by adding at the end 
the following new paragraphs:
            ``(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, or
                    ``(C) any other individuals related by blood to the 
                individual or to the spouse or child described in 
                subparagraph (A) or (B).
            ``(7) Genetic information.--The term `genetic information' 
        means information about genes, gene products, or inherited 
        characteristics that may derive from an individual or a family 
        member of such individual (including information about a 
        request for or the receipt of genetic services by such 
        individual or family member of such individual).
            ``(8) Genetic services.--The term `genetic services' means 
        health services, including genetic tests, provided to obtain, 
        assess, or interpret genetic information for diagnostic and 
        therapeutic purposes, and for genetic education and counseling.
            ``(9) Genetic test.--The term `genetic test' means the 
        analysis of human DNA, RNA, chromosomes, proteins, and certain 
        metabolites in order to detect genotypes, mutations, or 
        chromosomal changes.
            ``(10) Predictive genetic information.--
                    ``(A) In general.--The term `predictive genetic 
                information' means--
                            ``(i) information about an individual's 
                        genetic tests,
                            ``(ii) information about genetic tests of 
                        family members of the individual, or
                            ``(iii) information about the occurrence of 
                        a disease or disorder in family members.
                    ``(B) Limitations.--The term `predictive genetic 
                information' shall not include--
                            ``(i) information about the sex or age of 
                        the individual,
                            ``(ii) information about chemical, blood, 
                        or urine analyses of the individual, unless 
                        these analyses are genetic tests, or
                            ``(iii) information about physical exams of 
                        the individual, and other information relevant 
                        to determining the current health status of the 
                        individual.''.
    (d) Effective Date.--
            (1) In general.--Except as provided in this section, this 
        section and the amendments made by this section shall apply 
        with respect to group health plans for plan years beginning 
        after October 1, 2002.
            (2) Special rule for collective bargaining agreements.--In 
        the case of a group health plan maintained pursuant to one or 
        more collective bargaining agreements between employee 
        representatives and one or more employers ratified before the 
        date of the enactment of this Act, this section and the 
        amendments made by this section shall not apply to plan years 
        beginning before the later of--
                    (A) the date on which the last of the collective 
                bargaining agreements relating to the plan terminates 
                (determined without regard to any extension thereof 
                agreed to after the date of the enactment of this Act), 
                or
                    (B) October 1, 2002.
        For purposes of subparagraph (A), any plan amendment made 
        pursuant to a collective bargaining agreement relating to the 
        plan which amends the plan solely to conform to any requirement 
        of the amendments made by this section shall not be treated as 
        a termination of such collective bargaining agreement.

SEC. 404. 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 predictive 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 `predictive 
                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 October 1, 2002.
    (b) Limitations on Genetic Testing and on Collection and Disclosure 
of Predictive Genetic Information.--
            (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 and on Collection and 
Disclosure of Predictive Genetic Information.--
            ``(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 limit the authority of a health 
                care professional, who is providing treatment with 
                respect to an individual and who is employed by an 
                issuer of a medicare supplemental policy, to request 
                that such individual or family member of such 
                individual undergo a genetic test. Such a health care 
                professional shall not require that such individual or 
                family member undergo a genetic test.
            ``(2) Collection of predictive genetic information.--Except 
        as provided in paragraphs (4) and (5), an issuer of a medicare 
        supplemental policy shall not request, require, collect, or 
        purchase predictive genetic information concerning an 
        individual (or information about a request for or the receipt 
        of genetic services by such individual or family member of such 
        individual).
            ``(3) Disclosure of predictive genetic information.--An 
        issuer of a medicare supplemental policy shall not disclose 
        predictive genetic information about an individual (or 
        information about a request for or the receipt of genetic 
        services by such individual or family member of such 
        individual) to--
                    ``(A) any entity that is a member of the same 
                controlled group as such issuer;
                    ``(B) any issuer of a medicare supplemental policy, 
                group health plan or health insurance issuer, or any 
                insurance agent, third party administrator, or other 
                person subject to regulation under State insurance 
                laws;
                    ``(C) the Medical Information Bureau or any other 
                person that collects, compiles, publishes, or otherwise 
                disseminates insurance information;
                    ``(D) the individual's employer or any plan 
                sponsor; or
                    ``(E) any other person the Secretary may specify in 
                regulations.
            ``(4) Information for payment for genetic services.--
                    ``(A) In general.--With respect to payment for 
                genetic services conducted concerning an individual or 
                the coordination of benefits, an issuer of a medicare 
                supplemental policy may request that the individual 
                provide the issuer with evidence that such services 
                were performed.
                    ``(B) Rule of construction.--Nothing in 
                subparagraph (A) shall be construed to--
                            ``(i) permit an issuer to request (or 
                        require) the results of the services referred 
                        to in such subparagraph; or
                            ``(ii) require that an issuer make payment 
                        for services described in such subparagraph 
                        where the individual involved has refused to 
                        provide evidence of the performance of such 
                        services pursuant to a request by the issuer in 
                        accordance with such subparagraph.
            ``(5) Information for payment of other claims.--With 
        respect to the payment of claims for benefits other than 
        genetic services, an issuer of a medicare supplemental policy 
        may request that an individual provide predictive genetic 
        information so long as such information--
                    ``(A) is used solely for the payment of a claim;
                    ``(B) is limited to information that is directly 
                related to and necessary for the payment of such claim 
                and the claim would otherwise be denied but for the 
                predictive genetic information; and
                    ``(C) is used only by an individual (or 
                individuals) within such issuer who needs access to 
                such information for purposes of payment of a claim.
            ``(6) Rules of construction.--
                    ``(A) Collection or disclosure authorized by 
                individual.--The provisions of paragraphs (2) 
                (regarding collection) and (3) shall not apply to an 
                individual if the individual (or legal representative 
                of the individual) provides prior, knowing, voluntary, 
                and written authorization for the collection or 
                disclosure of predictive genetic information.
                    ``(B) Disclosure for health care treatment.--
                Nothing in this section shall be construed to limit or 
                restrict the disclosure of predictive genetic 
                information from a health care provider to another 
                health care provider for the purpose of providing 
                health care treatment to the individual involved.
            ``(7) Violation of genetic discrimination or genetic 
        disclosure provisions.--In any action under this subsection 
        against any administrator of a medicare supplemental policy 
        (including any third party administrator or other person acting 
        for or on behalf of such policy) alleging a violation of this 
subsection, the court may award any appropriate legal or equitable 
relief. Such relief may include a requirement for the payment of 
attorney's fees and costs, including the costs of expert witnesses.
            ``(8) Civil penalty.--The monetary provisions of section 
        308(b)(2)(C) of Public Law 101-336 (42 U.S.C. 12188(b)(2)(C)) 
        shall apply for purposes of the Secretary enforcing the 
        provisions of this subsection, except that any such relief 
        awarded shall be paid only into the general fund of the 
        Treasury.
            ``(9) Special rule in case of genetic information.--This 
        subsection (relating 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) shall not be 
        construed to supersede any provision of State law which 
        establishes, implements, or continues in effect a standard, 
        requirement, or remedy that more completely--
                    ``(A) protects the confidentiality of genetic 
                information (including information about a request for, 
                or the receipt of, genetic services by an individual or 
                a family member of such individual) or the privacy of 
                an individual or a family member of the individual with 
                respect to genetic information (including information 
                about a request for, or the receipt of, genetic 
                services by an individual or a family member of such 
                individual) than does this subsection; or
                    ``(B) prohibits discrimination on the basis of 
                genetic information than does this subsection.
            ``(10) Definitions.--In this subsection:
                    ``(A) Controlled group.--The term `controlled 
                group' means any group treated as a single employer 
                under subsection (b), (c), (m), or (o) of section 414 
                of the Internal Revenue Code of 1986.
                    ``(B) 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).
                    ``(C) Genetic information.--The term `genetic 
                information' means information about genes, gene 
                products, or inherited characteristics that may derive 
                from an individual or a family member of such 
                individual (including information about a request for, 
                or the receipt of, genetic services by such individual 
                or family member of such individual).
                    ``(D) Genetic services.--The term `genetic 
                services' means health services, including genetic 
                tests, provided to obtain, assess, or interpret genetic 
                information for diagnostic and therapeutic purposes, 
                and for genetic education and counseling.
                    ``(E) Genetic test.--The term `genetic test' means 
                the analysis of human DNA, RNA, chromosomes, proteins, 
                and certain metabolites in order to detect genotypes, 
                mutations, or chromosomal changes.
                    ``(F) 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.
                    ``(G) Predictive genetic information.--
                            ``(i) In general.--The term `predictive 
                        genetic information' means--
                                    ``(I) information about an 
                                individual's genetic tests;
                                    ``(II) information about genetic 
                                tests of family members of the 
                                individual; or
                                    ``(III) information about the 
                                occurrence of a disease or disorder in 
                                family members.
                            ``(ii) Limitations.--The term `predictive 
                        genetic information' shall not include--
                                    ``(I) information about the sex or 
                                age of the individual;
                                    ``(II) information about chemical, 
                                blood, or urine analyses of the 
                                individual, unless these analyses are 
                                genetic tests; or
                                    ``(III) information about physical 
                                exams of the individual, and other 
                                information relevant to determining the 
                                current health status of the 
                                individual.''.
            (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 after October 1, 
        2002.
    (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, 2002, 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, 2002, 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, 2002.
                    (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 2002 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, 2002. 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.

 Subtitle B--Prohibition of Employment Discrimination on the Basis of 
                     Predictive Genetic Information

SEC. 411. DEFINITIONS.

    In this subtitle:
            (1) Employee; employer; employment agency; labor 
        organization; member.--The terms ``employee'', ``employer'', 
        ``employment agency'', and ``labor organization'' 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 
        ``employee'' 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). The terms ``employee'' and ``member'' 
        include an applicant for employment and an applicant for 
        membership in a labor organization, respectively.
            (2) 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; or
                    (C) any other individuals related by blood to the 
                individual or to the spouse or child described in 
                subparagraph (A) or (B).
            (3) 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.
            (4) Genetic services.--The term ``genetic services'' means 
        health services, including genetic tests, provided to obtain, 
        assess, or interpret genetic information for diagnostic and 
        therapeutic purposes, and for genetic education and counseling.
            (5) Genetic test.--The term ``genetic test'' means the 
        analysis of human DNA, RNA, chromosomes, proteins, and certain 
        metabolites in order to detect genotypes, mutations, or 
        chromosomal changes.
            (6) Predictive genetic information.--
                    (A) In general.--The term ``predictive genetic 
                information'' means--
                            (i) information about an individual's 
                        genetic tests;
                            (ii) information about genetic tests of 
                        family members of the individual; or
                            (iii) information about the occurrence of a 
                        disease or disorder in family members.
                    (B) Limitations.--The term ``predictive genetic 
                information'' shall not include--
                            (i) information about the sex or age of the 
                        individual;
                            (ii) information about chemical, blood, or 
                        urine analyses of the individual, unless these 
                        analyses are genetic tests; or
                            (iii) information about physical exams of 
                        the individual, and other information relevant 
                        to determining the current health status of the 
                        individual.

SEC. 412. EMPLOYER PRACTICES.

    (a) In General.--It shall be an unlawful employment 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 individual, because of predictive 
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 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 
        predictive 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 request, require, collect or purchase predictive 
        genetic information with respect to an individual or a family 
        member of the individual except--
                    (A) where used for genetic monitoring of biological 
                effects of toxic substances in the workplace, but only 
                if--
                            (i) the employee has provided prior, 
                        knowing, voluntary, and written authorization;
                            (ii) the employee is informed of individual 
                        monitoring results;
                            (iii) the monitoring conforms to any 
                        genetic monitoring 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.) or the Federal 
                        Mine Safety and Health Act of 1977 (30 U.S.C. 
                        801 et seq.); and
                            (iv) the employer, excluding any licensed 
                        health care professional 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; or
                    (B) where genetic services are offered by the 
                employer and the employee provides prior, knowing, 
                voluntary, and written authorization, and only the 
                employee or family member of such employee receives the 
                results of such services.
    (b) Limitation.--In the case of predictive genetic information to 
which subparagraph (A) or (B) of subsection (a)(3) applies, such 
information may not be used in violation of paragraph (1) or (2) of 
subsection (a).

SEC. 413. EMPLOYMENT AGENCY PRACTICES.

    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 predictive 
        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 would limit the employment opportunities or 
        otherwise adversely affect the status of the individual as an 
        employee, because of predictive 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);
            (3) to request, require, collect or purchase predictive 
        genetic information with respect to an individual (or 
        information about a request for or the receipt of genetic 
        services by such individual or family member of such 
        individual); or
            (4) to cause or attempt to cause an employer to 
        discriminate against an individual in violation of this 
        subtitle.

SEC. 414. LABOR ORGANIZATION PRACTICES.

    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 
        individual because of predictive 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 the members of the 
        organization, 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 would limit the 
        employment opportunities or otherwise adversely affect the 
        status of the individual as an employee, because of predictive 
        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);
            (3) to request, require, collect or purchase predictive 
        genetic information with respect to an individual (or 
        information about a request for or the receipt of genetic 
        services by such individual or family member of such 
        individual); or
            (4) to cause or attempt to cause an employer to 
        discriminate against an individual in violation of this 
        subtitle.

SEC. 415. TRAINING PROGRAMS.

    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 
        predictive genetic information with respect to the individual 
        (or information about a request for or the receipt of genetic 
        services by 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 members of the 
        organization, 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 would limit the 
        employment opportunities or otherwise adversely affect the 
status of the individual as an employee, because of predictive 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);
            (3) to request, require, collect or purchase predictive 
        genetic information with respect to an individual (or 
        information about a request for or receipt of genetic services 
        by such individual or family member of such individual); or
            (4) to cause or attempt to cause an employer to 
        discriminate against an individual in violation of this 
        subtitle.

SEC. 416. MAINTENANCE AND DISCLOSURE OF PREDICTIVE GENETIC INFORMATION.

    (a) Maintenance of Predictive Genetic Information.--If an employer 
possesses predictive genetic information about an employee (or 
information about a request for or receipt of genetic services by such 
employee or family member of such employee), such information shall be 
treated or maintained as part of the employee's confidential medical 
records.
    (b) Disclosure of Predictive Genetic Information.--An employer 
shall not disclose predictive genetic information (or information about 
a request for or receipt of genetic services by such employee or family 
member of such employee) except--
            (1) to the employee who is the subject of the information 
        at the request of the employee;
            (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) under legal compulsion of a Federal court order, except 
        that if the court order was secured without the knowledge of 
        the individual to whom the information refers, the employer 
        shall provide the individual with adequate notice to challenge 
        the court order unless the court order also imposes 
        confidentiality requirements; and
            (4) to government officials who are investigating 
        compliance with this Act if the information is relevant to the 
        investigation.

SEC. 417. CIVIL ACTION.

    (a) In General.--One or more employees, members of a labor 
organization, or participants in training programs may bring an action 
in a Federal or State court of competent jurisdiction against an 
employer, employment agency, labor organization, or joint labor-
management committee or training program who commits a violation of 
this subtitle.
    (b) Enforcement by the Equal Employment Opportunity Commission.--
The powers, remedies, and procedures set forth in sections 705, 706, 
707, 709, 710, and 717 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e-4, 2000e-5, 2000e-6, 2000e-8, 2000e-9, and 2000e-16) shall be the 
powers, remedies, and procedures provided to the Equal Employment 
Opportunity Commission to enforce this subtitle. The Commission may 
promulgate regulations to implement these powers, remedies, and 
procedures.
    (c) Remedy.--A Federal or State court may award any appropriate 
legal or equitable relief under this section. Such relief may include a 
requirement for the payment of attorney's fees and costs, including the 
costs of experts.

SEC. 418. CONSTRUCTION.

    Nothing in this subtitle 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;
            (2) limit the rights or protections of an individual under 
        the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
            (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 accorded 
        under this Act;
            (4) apply to the Armed Forces Repository of Specimen 
        Samples for the Identification of Remains; or
            (5) 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. 419. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this subtitle.

SEC. 420. EFFECTIVE DATE.

    This subtitle shall become effective on October 1, 2002.

                 TITLE V--EMPLOYMENT NONDISCRIMINATION

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Employment Non-Discrimination Act 
of 2001''.

SEC. 502. PURPOSES.

    The purposes of this title are--
            (1) to provide a comprehensive Federal prohibition of 
        employment discrimination on the basis of sexual orientation;
            (2) to provide meaningful and effective remedies for 
        employment discrimination on the basis of sexual orientation; 
        and
            (3) to invoke congressional powers, including the powers to 
        enforce the 14th amendment to the Constitution and to regulate 
        interstate commerce, in order to prohibit employment 
        discrimination on the basis of sexual orientation.

SEC. 503. DEFINITIONS.

    In this title:
            (1) Commission.--The term ``Commission'' means the Equal 
        Employment Opportunity Commission.
            (2) Covered entity.--The term ``covered entity'' means an 
        employer, employment agency, labor organization, or joint 
        labor-management committee.
            (3) Employer.--The term ``employer'' means--
                    (A) a person engaged in an industry affecting 
                commerce (as defined in section 701(h) of the Civil 
                Rights Act of 1964 (42 U.S.C. 2000e(h))) who has 15 or 
                more employees (as defined in section 701(f) of such 
                Act (42 U.S.C. 2000e(f)) for each working day in each 
                of 20 or more calendar weeks in the current or 
                preceding calendar year, and any agent of such a 
                person, but does not include a bona fide private 
                membership club (other than a labor organization) that 
                is exempt from taxation under section 501(c) of the 
                Internal Revenue Code of 1986;
                    (B) an employing authority to which section 
                302(a)(1) of the Government Employee Rights Act of 1991 
                (2 U.S.C. 1202(a)(1)) applies;
                    (C) an employing office, as defined in section 101 
                of the Congressional Accountability Act of 1995 (2 
                U.S.C. 1301) or section 401 of title 3, United States 
                Code; or
                    (D) an entity to which section 717(a) of the Civil 
                Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies.
            (4) Employment agency.--The term ``employment agency'' has 
        the meaning given the term in section 701(c) of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e(c)).
            (5) Employment or an employment opportunity.--Except as 
        provided in section 510(a)(1), the term ``employment or an 
        employment opportunity'' includes job application procedures, 
        referral for employment, hiring, advancement, discharge, 
        compensation, job training, a term, condition, or privilege of 
        union membership, or any other term, condition, or privilege of 
        employment, but does not include the service of a volunteer for 
        which the volunteer receives no compensation.
            (6) Labor organization.--The term ``labor organization'' 
        has the meaning given the term in section 701(d) of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e(d)).
            (7) Person.--The term ``person'' has the meaning given the 
        term in section 701(a) of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e(a)).
            (8) Religious organization.--The term ``religious 
        organization'' means--
                    (A) a religious corporation, association, or 
                society; or
                    (B) a school, college, university, or other 
                educational institution or institution of learning, 
                if--
                            (i) the institution is in whole or 
                        substantial part controlled, managed, owned, or 
supported by a religion, religious corporation, association, or 
society; or
                            (ii) the curriculum of the institution is 
                        directed toward the propagation of a religion.
            (9) Sexual orientation.--The term ``sexual orientation'' 
        means homosexuality, bisexuality, or heterosexuality, whether 
        the orientation is real or perceived.
            (10) State.--The term ``State'' has the meaning given the 
        term in section 701(i) of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e(i)).

SEC. 504. DISCRIMINATION PROHIBITED.

    (a) Employer Practices.--It shall be an unlawful employment 
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 individual, because of such 
        individual's sexual orientation; or
            (2) to limit, segregate, or classify the employees or 
        applicants for employment 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 such individual's sexual 
        orientation.
    (b) Employment Agency Practices.--It shall be an unlawful 
employment practice for an employment agency to fail or refuse to refer 
for employment, or otherwise to discriminate against, any individual 
because of the sexual orientation of the individual or to classify or 
refer for employment any individual on the basis of the sexual 
orientation of the individual.
    (c) Labor Organization Practices.--It shall be an unlawful 
employment practice for a labor organization--
            (1) to exclude or to expel from its membership, or 
        otherwise to discriminate against, any individual because of 
        the sexual orientation of the individual;
            (2) to limit, segregate, or classify its membership or 
        applicants for membership, or to classify 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 would limit such employment opportunities or 
        otherwise adversely affect the status of the individual as an 
        employee or as an applicant for employment, because of such 
        individual's sexual orientation; or
            (3) to cause or attempt to cause an employer to 
        discriminate against an individual in violation of this 
        section.
    (d) Training Programs.--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, to discriminate against any 
individual because of the sexual orientation of the individual in 
admission to, or employment in, any program established to provide 
apprenticeship or other training.
    (e) Association.--An unlawful employment practice described in any 
of subsections (a) through (d) shall be considered to include an action 
described in that subsection, taken against an individual based on the 
sexual orientation of a person with whom the individual associates or 
has associated.
    (f) Disparate Impact.--Notwithstanding any other provision of this 
title, the fact that an employment practice has a disparate impact, as 
the term ``disparate impact'' is used in section 703(k) of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual 
orientation does not establish a prima facie violation of this title.

SEC. 505. RETALIATION AND COERCION PROHIBITED.

    (a) Retaliation.--A covered entity shall not discriminate against 
an individual because such individual opposed any act or practice 
prohibited by this title or because such individual made a charge, 
assisted, testified, or participated in any manner in an investigation, 
proceeding, or hearing under this title.
    (b) Coercion.--A person shall not coerce, intimidate, threaten, or 
interfere with any individual in the exercise or enjoyment of, or on 
account of such individual's having exercised, enjoyed, or assisted in 
or encouraged the exercise or enjoyment of, any right granted or 
protected by this title.

SEC. 506. BENEFITS.

    This title does not apply to the provision of employee benefits to 
an individual for the benefit of the domestic partner of such 
individual.

SEC. 507. COLLECTION OF STATISTICS PROHIBITED.

    The Commission shall not collect statistics on sexual orientation 
from covered entities, or compel the collection of such statistics by 
covered entities.

SEC. 508. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED.

    (a) Quotas.--A covered entity shall not adopt or implement a quota 
on the basis of sexual orientation.
    (b) Preferential Treatment.--A covered entity shall not give 
preferential treatment to an individual on the basis of sexual 
orientation.
    (c) Orders and Consent Decrees.--Notwithstanding any other 
provision of this title, an order or consent decree entered for a 
violation of this title may not include a quota, or preferential 
treatment to an individual, based on sexual orientation.

SEC. 509. RELIGIOUS EXEMPTION.

    (a) In General.--Except as provided in subsection (b), this title 
shall not apply to a religious organization.
    (b) Unrelated Business Taxable Income.--This title shall apply to 
employment or an employment opportunity for an employment position of a 
covered entity that is a religious organization if the duties of the 
position pertain solely to activities of the organization that generate 
unrelated business taxable income subject to taxation under section 
511(a) of the Internal Revenue Code of 1986.

SEC. 510. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS' 
              PREFERENCES.

    (a) Armed Forces.--
            (1) Employment or an employment opportunity.--In this 
        title, the term ``employment or an employment opportunity'' 
        does not apply to the relationship between the United States 
        and members of the Armed Forces.
            (2) Armed forces.--In paragraph (1), the term ``Armed 
        Forces'' means the Army, Navy, Air Force, Marine Corps, and 
        Coast Guard.
    (b) Veterans' Preferences.--This title does not repeal or modify 
any Federal, State, territorial, or local law creating a special right 
or preference concerning employment or an employment opportunity for a 
veteran.

SEC. 511. CONSTRUCTION.

    Nothing in this title shall be construed to prohibit a covered 
entity from enforcing rules regarding nonprivate sexual conduct, if the 
rules of conduct are designed for, and uniformly applied to, all 
individuals regardless of sexual orientation.

SEC. 512. ENFORCEMENT.

    (a) Enforcement Powers.--With respect to the administration and 
enforcement of this title in the case of a claim alleged by an 
individual for a violation of this title--
            (1) the Commission shall have the same powers as the 
        Commission has to administer and enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.); or
                    (B) sections 302 and 304 of the Government Employee 
                Rights Act of 1991 (2 U.S.C. 1202 and 1220);
        in the case of a claim alleged by such individual for a 
        violation of such title, or of section 302(a)(1) of the 
        Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)), 
        respectively;
            (2) the Librarian of Congress shall have the same powers as 
        the Librarian of Congress has to administer and enforce title 
        VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 
        in the case of a claim alleged by such individual for a 
        violation of such title;
            (3) the Board (as defined in section 101 of the 
        Congressional Accountability Act of 1995 (2 U.S.C. 1301)) shall 
        have the same powers as the Board has to administer and enforce 
        the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et 
        seq.) in the case of a claim alleged by such individual for a 
        violation of section 201(a)(1) of such Act (2 U.S.C. 
        1311(a)(1));
            (4) the Attorney General shall have the same powers as the 
        Attorney General has to administer and enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.); or
                    (B) sections 302 and 304 of the Government Employee 
                Rights Act of 1991 (2 U.S.C. 1202 and 1220);
        in the case of a claim alleged by such individual for a 
        violation of such title, or of section 302(a)(1) of the 
        Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)), 
        respectively;
            (5) the President, the Commission, and the Merit Systems 
        Protection Board shall have the same powers as the President, 
        the Commission, and the Board, respectively, have to administer 
        and enforce chapter 5 of title 3, United States Code, in the 
        case of a claim alleged by such individual for a violation of 
section 411 of such title;
            (6) a court of the United States shall have the same 
        jurisdiction and powers as the court has to enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.) in the case of a claim alleged by 
                such individual for a violation of such title;
                    (B) sections 302 and 304 of the Government Employee 
                Rights Act of 1991 (2 U.S.C. 1202 and 1220) in the case 
                of a claim alleged by such individual for a violation 
                of section 302(a)(1) of such Act (2 U.S.C. 1202(a)(1));
                    (C) the Congressional Accountability Act of 1995 (2 
                U.S.C. 1301 et seq.) in the case of a claim alleged by 
                such individual for a violation of section 201(a)(1) of 
                such Act (2 U.S.C. 1311(a)(1)); and
                    (D) chapter 5 of title 3, United States Code, in 
                the case of a claim alleged by such individual for a 
                violation of section 411 of such title.
    (b) Procedures and Remedies.--The procedures and remedies 
applicable to a claim alleged by an individual for a violation of this 
title are--
            (1) the procedures and remedies applicable for a violation 
        of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e 
        et seq.) in the case of a claim alleged by such individual for 
        a violation of such title;
            (2) the procedures and remedies applicable for a violation 
        of section 302(a)(1) of the Government Employee Rights Act of 
        1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by 
        such individual for a violation of such section;
            (3) the procedures and remedies applicable for a violation 
        of section 201(a)(1) of the Congressional Accountability Act of 
        1995 (2 U.S.C. 1311(a)(1)) in the case of a claim alleged by 
        such individual for a violation of such section; and
            (4) the procedures and remedies applicable for a violation 
        of section 411 of title 3, United States Code, in the case of a 
        claim alleged by such individual for a violation of such 
        section.
    (c) Other Applicable Provisions.--With respect to a claim alleged 
by a covered employee (as defined in section 101 of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1301)) for a violation of this 
title, 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 alleged by such a covered employee for 
a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).
    (d) Prohibition of Affirmative Action--Notwithstanding any other 
provision of this section, affirmative action for a violation of this 
title may not be imposed. Nothing in this section shall prevent the 
granting of relief to any individual who suffers a violation of such 
individual's rights provided in this title.

SEC. 513. STATE AND FEDERAL IMMUNITY.

    (a) State Immunity.--A State shall not be immune under the 11th 
amendment to the Constitution from an action in a Federal court of 
competent jurisdiction for a violation of this title.
    (b) Remedies Against the United States and the States.--
Notwithstanding any other provision of this title, in an action or 
administrative proceeding against the United States or a State for a 
violation of this title, remedies (including remedies at law and in 
equity, and interest) are available for the violation to the same 
extent as the remedies are available for a violation of title VII of 
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) by a private 
entity, except that--
            (1) punitive damages are not available; and
            (2) compensatory damages are available to the extent 
        specified in section 1977A(b) of the Revised Statutes (42 
        U.S.C. 1981a(b)).

SEC. 514. ATTORNEYS' FEES.

    Notwithstanding any other provision of this title, in an action or 
administrative proceeding for a violation of this title, an entity 
described in section 512(a) (other than paragraph (4) of such section), 
in the discretion of the entity, may allow the prevailing party, other 
than the Commission or the United States, a reasonable attorney's fee 
(including expert fees) as part of the costs. The Commission and the 
United States shall be liable for the costs to the same extent as a 
private person.

SEC. 515. POSTING NOTICES.

    A covered entity who is required to post notices described in 
section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-10) shall 
post notices for employees, applicants for employment, and members, to 
whom the provisions specified in section 512(b) apply, that describe 
the applicable provisions of this title in the manner prescribed by, 
and subject to the penalty provided under, section 711 of the Civil 
Rights Act of 1964.

SEC. 516. REGULATIONS.

    (a) In General.--Except as provided in subsections (b), (c), and 
(d), the Commission shall have authority to issue regulations to carry 
out this title.
    (b) Librarian of Congress.--The Librarian of Congress shall have 
authority to issue regulations to carry out this title with respect to 
employees of the Library of Congress.
    (c) Board.--The Board referred to in section 512(a)(3) shall have 
authority to issue regulations to carry out this title, in accordance 
with section 304 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1384), with respect to covered employees, as defined in section 
101 of such Act (2 U.S.C. 1301).
    (d) President.--The President shall have authority to issue 
regulations to carry out this title with respect to covered employees, 
as defined in section 401 of title 3, United States Code.

SEC. 517. RELATIONSHIP TO OTHER LAWS.

    This title shall not invalidate or limit the rights, remedies, or 
procedures available to an individual claiming discrimination 
prohibited under any other Federal law or any law of a State or 
political subdivision of a State.

SEC. 518. SEVERABILITY.

    If any provision of this title, or the application of the provision 
to any person or circumstance, is held to be invalid, the remainder of 
this title and the application of the provision to any other person or 
circumstance shall not be affected by the invalidity.

SEC. 519. EFFECTIVE DATE.

    This title shall take effect 60 days after the date of enactment of 
this Act and shall not apply to conduct occurring before the effective 
date.

              TITLE VI--PROMOTING CIVIL RIGHTS ENFORCEMENT

SEC. 601. ESTABLISHMENT OF THE NATIONAL TASK FORCE ON VIOLENCE AGAINST 
              HEALTH CARE PROVIDERS.

    (a) Establishment.--There is established in the Department of 
Justice a National Task Force on Violence Against Health Care Providers 
(referred to in this section as the ``task force'').
    (b) Composition.--The task force shall be composed on one or more 
individuals from--
            (1) the Department of Justice;
            (2) the Federal Bureau of Investigation;
            (3) the United States Marshals Service;
            (4) the Bureau of Alcohol, Tobacco, and Firearms; and
            (5) the United States Postal Inspection Service.
    (c) Chairman.--The task force shall be chaired by the Assistant 
Attorney General for Civil Rights.
    (d) Powers and Duties.--The task force shall--
            (1) coordinate the national investigation and prosecution 
        of incidents of violence and other unlawful acts directed 
        against reproductive health care providers, with a focus on 
        connections that may exist between individuals involved in such 
        unlawful activity;
            (2) serve as a clearinghouse of information, for use by 
        investigators and prosecutors, relating to acts of violence 
        against reproductive health care providers;
            (3) make available security information and recommendations 
        to enhance the safety and protection of reproductive health 
        care providers;
            (4) provide training to Federal, State, and local law 
        enforcement on issues relating to clinic violence; and
            (5) support Federal civil investigation and litigation of 
        violence and other unlawful acts directed at reproductive 
        health care providers.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated $1,000,000 for each fiscal year to carry out this section.

SEC. 602. INCREASE IN FUNDING FOR ENFORCING CIVIL RIGHTS LAWS.

    (a) Increase in Funding.--There are authorized to be appropriated 
for fiscal year 2002 for each of the agencies described in subsection 
(b) an amount equal to 105 percent of the amount appropriated for 
fiscal year 2001.
    (b) Agencies.--The agencies referred to in subsection (a) (with the 
increase and total amount authorized for fiscal year 2002) are as 
follows:
            (1) Equal Employment Opportunity Commission (an increase of 
        $15,200,000 from fiscal year 2001 to $319,200,000 for fiscal 
        year 2002).
            (2) Department of Justice: Civil Rights Division (an 
        increase of $4,600,000 from fiscal year 2001 to $96,600,000 for 
        fiscal year 2002).
            (3) Education: Office of Civil Rights (an increase of 
        $3,800,000 from fiscal year 2001 to $79,800,000 for fiscal year 
        2002).
            (4) Department of Labor: Office of Federal Contract 
        Compliance (an increase of $3,800,000 from fiscal year 2001 to 
        $79,800,000 for fiscal year 2002).
            (5) Department of Labor: Civil Rights Center (an increase 
        of $300,000 from fiscal year 2001 to $6,300,000 for fiscal year 
        2002).
            (6) Housing and Urban Development: Fair Housing Activities 
        Grants (an increase of $2,300,000 from fiscal year 2001 to 
        $48,300,000 for fiscal year 2002).
            (7) Health and Human Services: Office for Civil Rights (an 
        increase of $1,400,000 from fiscal year 2001 to $29,400,000 for 
        fiscal year 2002).
            (8) Agriculture: Civil Rights Programs (an increase of 
        $1,000,000 from fiscal year 2001 to $21,000,000 for fiscal year 
        2002).
            (9) Transportation: Office of Civil Rights (an increase of 
        $400,000 from fiscal year 2001 to $8,400,000 for fiscal year 
        2002).
            (10) Environmental Protection Agency: Office of Civil 
        Rights (an increase of $250,000 from fiscal year 2001 to 
        $5,250,000 for fiscal year 2002).
                                 <all>