[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 16 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 16

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 7, 2003

   Mr. Daschle (for himself, Mr. Leahy, Mr. Kennedy, Mr. Biden, Mr. 
Schumer, Mr. Durbin, Mr. Edwards, Mr. Akaka, Mrs. Clinton, Mr. Corzine, 
  Mr. Dayton, Mr. Harkin, Ms. Landrieu, Mr. Levin, Mr. Lieberman, Ms. 
Mikulski, Mrs. Murray, Mr. Rockefeller, Mr. Sarbanes, Ms. Stabenow, Mr. 
Lautenberg, and Mr. Reid) introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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 ``Equal Rights and 
Equal Dignity for Americans Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

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

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--INCREASE IN FUNDING FOR ENFORCING CIVIL RIGHTS LAWS

Sec. 201. Increase in funding.
                 TITLE III--SUPPORTING INDIGENT DEFENSE

Sec. 301. Findings.
Sec. 302. Authorization of appropriations.
   TITLE IV--INDIAN TRUST ASSET AND TRUST FUND MANAGEMENT AND REFORM

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Definitions.
Sec. 404. Responsibilities of Secretary.
Sec. 405. Indian participation in trust fund activities.
Sec. 406. Deputy Secretary for Trust Management and Reform.
Sec. 407. Advisory board and Tribal Task Force.
Sec. 408. Regulations.
Sec. 409. No effect on certain judicial decision.
                       TITLE V--RACIAL PROFILING

Sec. 501. Sense of the Senate on racial profiling.
                      TITLE VI--PAYCHECK FAIRNESS

Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Enhanced enforcement of equal pay requirements.
Sec. 604. Training.
Sec. 605. Research, education, and outreach.
Sec. 606. Technical assistance and employer recognition program.
Sec. 607. Establishment of the National Award for Pay Equity in the 
                            Workplace.
Sec. 608. Collection of pay information by the Equal Employment 
                            Opportunity Commission.
Sec. 609. Authorization of appropriations.
                TITLE VII--EMPLOYMENT NON-DISCRIMINATION

Sec. 701. Short title.
Sec. 702. Purposes.
Sec. 703. Definitions.
Sec. 704. Discrimination prohibited.
Sec. 705. Retaliation prohibited.
Sec. 706. Benefits.
Sec. 707. Collection of statistics prohibited.
Sec. 708. Quotas and preferential treatment prohibited.
Sec. 709. Religious exemption.
Sec. 710. Nonapplication to members of the Armed Forces; veterans' 
                            preferences.
Sec. 711. Construction.
Sec. 712. Enforcement.
Sec. 713. State and Federal immunity.
Sec. 714. Attorneys' fees.
Sec. 715. Posting notices.
Sec. 716. Regulations.
Sec. 717. Relationship to other laws.
Sec. 718. Severability.
Sec. 719. Effective date.
                 TITLE VIII--GENETIC NONDISCRIMINATION

Sec. 801. Short title.
Subtitle A--Prohibition of Health Insurance Discrimination on the Basis 
                    of Protected Genetic Information

Sec. 811. Amendments to Employee Retirement Income Security Act of 
                            1974.
Sec. 812. Amendments to the Public Health Service Act.
Sec. 813. Amendments to Internal Revenue Code of 1986.
Sec. 814. Amendments to title XVIII of the Social Security Act relating 
                            to MEDIGAP.
 Subtitle B--Prohibition of Employment Discrimination on the Basis of 
                     Protected Genetic Information

Sec. 821. Definitions.
Sec. 822. Limitations with respect to definition.
Sec. 823. Employer practices.
Sec. 824. Employment agency practices.
Sec. 825. Labor organization practices.
Sec. 826. Training programs.
Sec. 827. Maintenance and disclosure of protected genetic information.
Sec. 828. Civil action.
Sec. 829. Construction.
Sec. 830. Authorization of appropriations.
Sec. 831. Effective date.
                  Subtitle C--Miscellaneous Provisions

Sec. 841. Severability.
                       TITLE IX--MEDICAL PRIVACY

Sec. 901. Short title.
Sec. 902. Purpose.
Sec. 903. Restoration of privacy protections.
Sec. 904. Definitions; effective date.
                 TITLE X--PROTECTING AMERICANS' PRIVACY

Sec. 1001. Use of Department of Defense personnel or funds to collect 
                            intelligence or law enforcement information 
                            on United States citizens inside the United 
                            States.
                       TITLE XI--ELECTION REFORM

Sec. 1101. Reform.

             TITLE I--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Local Law Enforcement Enhancement 
Act of 2003''.

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 family and friends of the victim, 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 race, 
                color, religion, national origin, gender, sexual 
                orientation, or disability of the victim, 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.
            (2) Office of justice programs.--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.
            (3)  Application.--
                    (A) In general.--Each State that desires 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.
            (4) 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.
            (5) Grant amount.--A grant under this subsection shall not 
        exceed $100,000 for any single jurisdiction within a 1-year 
        period.
            (6) Report.--Not later than December 31, 2004, 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.
            (7) Authorization of appropriations.--There is authorized 
        to be appropriated $5,000,000 to carry out this subsection for 
        each of fiscal years 2004 and 2005.

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 2004, 2005, and 2006 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 section 107.

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 the 
authority provided 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--INCREASE IN FUNDING FOR ENFORCING CIVIL RIGHTS LAWS

SEC. 201. INCREASE IN FUNDING.

    Notwithstanding any other provision of law, there are authorized to 
be appropriated for fiscal year 2004--
            (1) to the Equal Employment Opportunity Commission, to 
        carry out the activities of the Commission, $339,691,800;
            (2) to the Civil Rights Division of the Department of 
        Justice, to carry out the activities of the Division, 
        $110,360,000;
            (3) to the Office of Civil Rights of the Department of 
        Education, to carry out the activities of the Office, 
        $97,760,000; and
            (4) to the Office of Federal Contract Compliance Programs 
        of the Department of Labor, to carry out the activities of the 
        Office, $81,421,200.

                 TITLE III--SUPPORTING INDIGENT DEFENSE

SEC. 301. FINDINGS.

    Congress finds the following:
            (1) It is important to provide equal access to the system 
        of justice in the United States for all individuals, regardless 
        of economic stature.
            (2) The Legal Services Corporation provides high quality 
        legal assistance for persons who would otherwise be unable to 
        afford legal counsel.
            (3) The programs of the Legal Services Corporation serve 
        clients with cases concerning housing, family law, income 
        maintenance, consumer issues, and employment.
            (4) For just under a decade the Federal resources available 
        to the Legal Services Corporation have been inadequate. 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 is authorized to be appropriated for the purpose of 
carrying out the activities of the Corporation, $400,000,000 for fiscal 
year 2004.''.

   TITLE IV--INDIAN TRUST ASSET AND TRUST FUND MANAGEMENT AND REFORM

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Indian Trust Asset and Trust Fund 
Management and Reform Act of 2003''.

SEC. 402. FINDINGS.

    Congress finds and affirms that the proper discharge of trust 
responsibility of the United States requires, without limitation, that 
the trustee, using a high degree of care, skill, and loyalty--
            (1) protect and preserve Indian trust assets from loss, 
        damage, unlawful alienation, waste, and depletion;
            (2) ensure that any management of Indian trust assets 
        required to be carried out by the Secretary--
                    (A) promotes the interest of the beneficial owner; 
                and
                    (B) supports, to the maximum extent practicable in 
                accordance with the trust responsibility of the 
                Secretary, the beneficial owner's intended use of the 
                assets;
            (3)(A) enforce the terms of all leases or other agreements 
        that provide for the use of trust assets; and
            (B) take appropriate steps to remedy trespass on trust or 
        restricted land;
            (4) promote tribal control and self-determination over 
        tribal trust land and resources;
            (5) select and oversee persons that manage Indian trust 
        assets;
            (6) confirm that Indian tribes that manage Indian trust 
        assets pursuant to contracts and compacts authorized by the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450 et seq.) protect and prudently manage those Indian 
        trust assets;
            (7) provide oversight and review of the performance of the 
        trust responsibility of the Secretary, including Indian trust 
        asset and investment management programs, operational systems, 
        and information systems;
            (8) account for and identify, collect, deposit, invest, and 
        distribute, in a timely manner, income due or held on behalf of 
        tribal and individual Indian account holders;
            (9) maintain a verifiable system of records that, at a 
        minimum, is capable of identifying, with respect to a trust 
        asset--
                    (A) the location of the trust asset;
                    (B) the beneficial owners of the trust asset;
                    (C) any legal encumbrances (such as leases or 
                permits) applicable to the trust asset;
                    (D) the user of the trust asset;
                    (E) any rent or other payments made;
                    (F) the value of trust or restricted land and 
                resources associated with the trust asset;
                    (G) dates of--
                            (i) collections;
                            (ii) deposits;
                            (iii) transfers;
                            (iv) disbursements;
                            (v) imposition of third-party obligations 
                        (such as court-ordered child support or 
                        judgments);
                            (vi) statements of earnings;
                            (vii) investment instruments; and
                            (viii) closure of all trust fund accounts 
                        relating to the trust fund asset;
                    (H) documents pertaining to actions taken to 
                prevent or compensate for any diminishment of the 
                Indian trust asset; and
                    (I) documents that evidence the actions of the 
                Secretary regarding the management and disposition of 
                the Indian trust asset;
            (10) establish and maintain a system of records that--
                    (A) permits beneficial owners to obtain information 
                regarding Indian trust assets in a timely manner; and
                    (B) protects the privacy of that information;
            (11) invest tribal and individual Indian trust funds to 
        ensure that the trust account remains reasonably productive for 
        the beneficial owner consistent with market conditions existing 
        at the time at which investment is made;
            (12) communicate with beneficial owners regarding the 
        management and administration of Indian trust assets; and
            (13) protect treaty-based fishing, hunting, gathering, and 
        similar rights-of-access and resource use on traditional tribal 
        land.

SEC. 403. DEFINITIONS.

    Section 2 of the American Indian Trust Fund Management Reform Act 
of 1994 (25 U.S.C. 4001) is amended--
            (1) by striking paragraph (1);
            (2) in paragraph (2), by striking ``(2) The term'' and 
        inserting the following:
            ``(5) Indian tribe.--The term'';
            (3) in paragraph (3), by striking ``(3) The term'' and 
        inserting the following:
            ``(8) Secretary.--The term'';
            (4) in paragraph (4), by striking ``(4) The term'' and 
        inserting the following:
            ``(6) Office.--The term'';
            (5) in paragraph (5), by striking ``(5) The term'' and 
        inserting the following:
            ``(2) Bureau.--The term'';
            (6) in paragraph (6), by striking ``(6) The term'' and 
        inserting the following:
            ``(3) Department.--The term'';
            (7) by moving paragraphs (2), (3), (5), (6), and (8) (as 
        redesignated by this subsection) so as to appear in numerical 
        order;
            (8) by inserting before paragraph (2) (as redesignated by 
        paragraph (5)) the following:
            ``(1) Beneficial owner.--The term `beneficial owner' means 
        an Indian tribe or member of an Indian tribe that is the 
        beneficial owner of Indian trust assets.'';
            (9) by inserting after paragraph (3) (as redesignated by 
        paragraph (6)) the following:
            ``(4) Deputy secretary.--The term `Deputy Secretary' means 
        the Deputy Secretary for Trust Management and Reform appointed 
        under section 307(a)(2).'';
            (10) by inserting after paragraph (6) (as redesignated by 
        paragraph (4)) the following:
            ``(7) Reform office.--The term `Reform Office' means the 
        Office of Trust Reform Implementation and Oversight established 
        by section 307(e).''; and
            (11) by adding at the end the following:
            ``(9) Task force.--The term `Task Force' means the Tribal 
        Task Force for Trust Reform established under section 307(a).
            ``(10) Trust assets.--The term `trust assets' means all 
        tangible property including land, minerals, coal, oil and gas, 
        forest resources, agricultural resources, water and water 
        sources, and fish and wildlife held by the Secretary for the 
        benefit of an Indian tribe or an individual member of an Indian 
        tribe pursuant to Federal law.
            ``(11) Trust funds.--The term `trust funds' means all funds 
        held by the Secretary for the benefit of an Indian tribe or and 
        individual member of an Indian tribe pursuant to Federal law.
            ``(12) Trustee.--The term `trustee' means the Secretary or 
        any other person that is authorized to act as a trustee for 
        Indian trust assets and trust funds.''.

SEC. 404. RESPONSIBILITIES OF SECRETARY.

    Section 102 of the American Indian Trust Fund Management Reform Act 
of 1994 (25 U.S.C. 4011) is amended to read as follows:

``SEC. 4011. RESPONSIBILITIES OF SECRETARY.

    ``(a) Accounting for Daily and Annual Balances of Indian Trust 
Funds.--
            ``(1) In general.--The Secretary shall account for the 
        daily and annual balances of all trust funds that are deposited 
        or invested pursuant to the Act of June 24, 1938 (25 U.S.C. 
        162a).
            ``(2) Periodic statement of performance.--
                    ``(A) In general.--Not later than 20 business days 
                after the close of a calendar quarter, the Secretary 
                shall provide a statement of performance to each Indian 
                tribe and member of Indian tribe with respect to which 
                funds are deposited or invested pursuant to the Act of 
                June 24, 1938 (25 U.S.C. 162a).
                    ``(B) Requirements.--Each statement under 
                subparagraph (A) shall identify, with respect to the 
                period covered by the statement--
                            ``(i) the source, type, and status of the 
                        funds;
                            ``(ii) the beginning balance of the funds;
                            ``(iii) the gains and losses of the funds;
                            ``(iv) receipts and disbursements of the 
                        funds; and
                            ``(v) the ending balance of the funds.
            ``(3) Annual audit.--With respect to each account 
        containing trust funds in an amount in excess of $1,000, the 
        Secretary shall--
                    ``(A) conduct, for each fiscal year, an audit of 
                all trust funds described in paragraph (1); and
                    ``(B) include, in the first statement of 
                performance completed under paragraph (2) after 
                completion of the audit, a letter describing the 
                results of the audit.
    ``(b) Additional Responsibilities.--In addition to the 
responsibilities described in subsection (a), subject to the 
availability of appropriations, the Secretary, in carrying out the 
trust responsibility of the United States, shall, at a minimum--
            ``(1) provide for adequate systems for accounting for and 
        reporting trust fund balances;
            ``(2) provide for adequate controls over receipts and 
        disbursements;
            ``(3) provide for periodic, timely reconciliations of 
        financial records to ensure the accuracy of account 
        information;
            ``(4) determine accurate cash balances;
            ``(5) prepare and supply to account holders periodic 
        account statements;
            ``(6) establish and publish in the Federal Register 
        consistent policies and procedures for trust fund management 
        and accounting;
            ``(7) provide adequate staffing, supervision, and training 
        for trust fund management and accounting; and
            ``(8) manage natural resources located within the 
        boundaries of Indian reservations and trust land.''.

SEC. 405. INDIAN PARTICIPATION IN TRUST FUND ACTIVITIES.

    Title II of the American Indian Trust Fund Management Reform Act of 
1994 (25 U.S.C. 4021 et seq.) is amended--
            (1) by striking sections 202 and 203; and
            (2) by inserting after section 201 the following:

``SEC. 202. PARTICIPATION IN TRUST FUND AND TRUST ASSET MANAGEMENT 
              ACTIVITIES BY INDIAN TRIBES.

    ``(a) Planning Program.--To meet the purposes of this title, an 
Indian Trust Fund and Trust Asset Management and Monitoring Plan (in 
this section referred to as the `Plan') shall be developed and 
implemented as follows:
            ``(1) Pursuant to a self-determination contract or compact 
        under section 102 of the Indian Self-Determination Act (25 
        U.S.C. 450f) or section 403 of the Indian Self Determination 
        and Education Assistance Act (25 U.S.C. 458cc), an Indian tribe 
        may develop or implement a Plan to provide for management of 
        the trust funds and assets (or portions of trust funds or 
        assets) of which the Indian tribe is the beneficial owner. 
        Subject to the provisions of paragraphs (3) and (4), the tribe 
        shall have broad discretion in designing and carrying out the 
        planning process.
            ``(2) To include in a Plan particular trust funds or assets 
        held by multiple individuals, an Indian tribe shall obtain the 
        approval of a majority of the individuals who hold an interest 
        in any such trust funds or assets.
            ``(3) The Plan shall be submitted to the Secretary for 
        approval pursuant to the Indian Self-Determination Act (25 
        U.S.C. 450f et seq.).
            ``(4) If an Indian tribe chooses not to develop or 
        implement a Plan, the Secretary shall, at the request of the 
        Indian tribe, develop or implement, as appropriate, a Plan in 
        close consultation with the affected Indian tribe.
            ``(5) Whether developed directly by the Indian tribe or by 
        the Secretary, the Plan shall--
                    ``(A) determine the amount and source of funds held 
                in trust;
                    ``(B) identify and include an inventory of trust 
                assets based on the information available to the Indian 
                tribe and the Secretary;
                    ``(C) identify specific tribal goals and 
                objectives;
                    ``(D) establish management objectives for the funds 
                and assets held in trust;
                    ``(E) define critical values of the Indian tribe 
                and its members and provide identified management 
                objectives;
                    ``(F) identify actions to be taken to reach 
                established objectives;
                    ``(G) use existing survey documents, reports and 
                other research from Federal agencies, tribal community 
                colleges, and land grant universities; and
                    ``(H)(i) be completed not later than 3 years after 
                the date of initiation of activity to establish the 
                Plan; and
                    ``(ii) be revised periodically thereafter as 
                necessary to accomplish the purposes of this Act.
    ``(b) Management and Administration.--Plans developed and approved 
under subsection (a) shall govern the management and administration of 
funds and assets (or portions of funds and assets) held in trust by the 
Bureau and the Indian tribal government.
    ``(c) Plan Does Not Terminate Trust.--Developing or implementing a 
Plan shall not be construed or deemed to constitute a termination of 
the trust status of the assets or funds that are included in, or 
subject to, the Plan.
    ``(d) Liability.--An Indian tribe managing and administering trust 
funds and trust assets in a manner that is consistent with an approved 
Plan shall not be liable for waste or loss of an asset or funds that 
are included in such Plan.
    ``(e) Indian Participation in Management Activities.--
            ``(1) Tribal recognition.--The Secretary shall conduct all 
        management activities of funds and assets held in trust in 
        accordance with goals and objectives set forth in a Plan 
        approved pursuant to and in accordance with all tribal laws and 
        ordinances, except in specific instances where such compliance 
        would be contrary to the trust responsibility of the United 
States.
            ``(2) Tribal laws.--
                    ``(A) In general.--Unless otherwise prohibited by 
                Federal law, the Secretary shall comply with tribal law 
                pertaining to the management of funds and assets held 
                in trust.
                    ``(B) Duties.--The Secretary shall--
                            ``(i) provide assistance in the enforcement 
                        of tribal laws described in subparagraph (A);
                            ``(ii) provide notice of such tribal laws 
                        to persons or entities dealing with tribal 
                        funds and assets held in trust; and
                            ``(iii) upon the request of an Indian 
                        tribe, require appropriate Federal officials to 
                        appear in tribal forums.
            ``(3) Waiver of regulations.--In any case in which a 
        regulation or administrative policy of the Department of the 
        Interior conflicts with the objectives of the Plan, or with a 
        tribal law, the Secretary shall waive the application of such 
        regulation or administrative policy unless such waiver would 
        constitute a violation of a Federal statute or judicial 
        decision or would conflict with the Secretary's trust 
        responsibility under Federal law.
            ``(4) Sovereign immunity.--This section does not constitute 
        a waiver of the sovereign immunity of the United States, nor 
        does it authorize tribal justice systems to review actions of 
        the Secretary.
            ``(5) Trust responsibility.--Nothing in this section shall 
        be construed to diminish or expand the trust responsibility of 
        the United States toward Indian funds and assets held in trust, 
        or any legal obligation or remedy resulting from such funds and 
        assets.
    ``(f) Report.--
            ``(1) In general.--Not later than 180 days after the 
        enactment of this section, and annually thereafter, the 
        Secretary shall submit a report to the Committee on Indian 
        Affairs of the Senate and the Committee on Resources of the 
        House of Representatives.
            ``(2) Contents.--The report required under paragraph (1) 
        shall detail the following:
                    ``(A) The efforts of the Department to implement 
                this section.
                    ``(B) The nature and extent of consultation between 
                the Department, Tribes, and individual Indians with 
                respect to implementation of this section.
                    ``(C) Any recommendations of the Department for 
                further changes to this Act, accompanied by a record of 
                consultation with Tribes and individual Indians 
                regarding such recommendations.''.

SEC. 406. DEPUTY SECRETARY FOR TRUST MANAGEMENT AND REFORM.

    (a) In General.--Section 302 of the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4042) is amended to read as 
follows:

``SEC. 302. DEPUTY SECRETARY FOR TRUST MANAGEMENT AND REFORM.

    ``(a) Establishment.--
            ``(1) In general.--There is established within the 
        Department the position of Deputy Secretary for Trust 
        Management and Reform.
            ``(2) Appointment and removal.--
                    ``(A) Appointment.--The Deputy Secretary shall be 
                appointed by the President, by and with the advice and 
                consent of the Senate.
                    ``(B) Term.--The Deputy Secretary shall be 
                appointed for a term of 6 years.
                    ``(C) Removal.--The Deputy Secretary may be removed 
                only for good cause.
            ``(3) Administrative authority.--The Deputy Secretary shall 
        report directly to the Secretary.
            ``(4) Compensation.--The Deputy Secretary shall be paid at 
        a rate determined by the Secretary to be appropriate for the 
        position, but not less than the rate of basic pay prescribed 
        for Level II of the Executive Schedule under section 5313 of 
        title 5, United States Code.
    ``(b) Duties.--The Deputy Secretary shall--
            ``(1) oversee all trust fund and trust asset matters of the 
        Department, including--
                    ``(A) administration and management of the Reform 
                Office;
                    ``(B) financial and human resource matters of the 
                Reform Office; and
                    ``(C) all duties relating to trust fund and trust 
                asset matters; and
            ``(2) engage in appropriate government-to-government 
        relations and consultations with Indian tribes and individual 
        trust asset and trust fund account holders on matters involving 
        trust asset and trust fund management and reform within the 
        Department.
    ``(c) Staff.--In carrying out this section, the Deputy Secretary 
may hire such staff having expertise in trust asset and trust fund 
management, financial organization and management, and tribal policy as 
the Deputy Secretary determines is necessary to carry out this title.
    ``(d) Effect on Duties of Other Officials.--
            ``(1) In general.--Except as provided in paragraph (2), 
        nothing in this section shall be construed to diminish any 
        responsibility or duty of the Assistant Secretary of the 
        Interior for Indian Affairs, or any other Federal official, 
        relating to any duty of the Assistant Secretary or official 
        established under this Act or any other provision of law.
            ``(2) Trust asset and trust fund management and reform.--
        Notwithstanding any other provision of law, the Deputy 
        Secretary shall have overall management and oversight authority 
        on matters of the Department relating to trust asset and trust 
        fund management and reform (including matters that, as of the 
        day before the date of enactment of the Indian Trust Asset and 
        Trust Fund Management and Reform Act of 2003, were carried out 
        by the Commissioner of Indian Affairs).
    ``(e) Office of Trust Reform Implementation and Oversight.--
            ``(1) Establishment.--There is established within the 
        Office of the Secretary the Office of Trust Reform 
        Implementation and Oversight.
            ``(2) Reform office head.--The Reform Office shall be 
        headed by the Deputy Secretary.
            ``(3) Duties.--The Reform Office shall--
                    ``(A) supervise and direct the day-to-day 
                activities of the Assistant Secretary of the Interior 
                for Indian Affairs, the Commissioner of Reclamation, 
                the Director of the Bureau of Land Management, and the 
Director of the Minerals Management Service, to the extent they 
administer or manage any Indian trust assets or funds;
                    ``(B) administer, in accordance with title II, all 
                trust properties, funds, and other assets held by the 
                United States for the benefit of Indian tribes and 
                individual members of Indian tribes;
                    ``(C) require the development and maintenance of an 
                accurate inventory of all trust funds and trust assets;
                    ``(D) ensure the prompt posting of revenue derived 
                from a trust fund or trust asset for the benefit of 
                each Indian tribe (or individual member of each Indian 
                tribe) that owns a beneficial interest in the trust 
                fund or trust asset;
                    ``(E) ensure that all trust fund accounts are 
                audited at least annually, and more frequently as 
                determined to be necessary by the Deputy Secretary;
                    ``(F) ensure that the Assistant Secretary of the 
                Interior for Indian Affairs, the Director of the Bureau 
                of Land Management, the Commissioner of Reclamation, 
                and the Director of the Minerals Management Service 
                provide to the Secretary current and accurate 
                information relating to the administration and 
                management of trust funds and trust assets;
                    ``(G) provide for regular consultation with trust 
                fund account holders on the administration of trust 
                funds and trust assets to ensure, to the maximum extent 
                practicable in accordance with applicable law and a 
                Plan approved under section 202, the greatest return on 
                those funds and assets for the trust fund account 
                holders; and
                    ``(H) enter into contracts and compacts under 
                section 102 of the Indian Self-Determination Act (25 
                U.S.C. 450f) or section 403 of the Indian Self 
                Determination and Education Assistance Act (25 U.S.C. 
                458cc) to provide for the management of trust assets 
                and trust funds by Indian tribes pursuant to a Trust 
                Fund and Trust Asset Management and Monitoring Plan 
                developed under section 202 of this Act.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.''.
    (b) Conforming Amendments.--
            (1) Title III of the American Indian Trust Fund Management 
        Reform Act of 1994 (25 U.S.C. 4041 et seq.) is amended by 
        striking the title heading and inserting the following:

        ``TITLE III--REFORMS RELATING TO TRUST RESPONSIBILITY''.

            (2) Section 301(1) of the American Indian Trust Fund 
        Management Reform Act of 1994 (25 U.S.C. 4041(1)) is amended by 
        striking ``by establishing in the Department of this Interior 
        an Office of Special Trustee for American Indians'' and 
        inserting ``by directing the Deputy Secretary''.
            (3) Section 303 of the American Indian Trust Fund 
        Management Reform Act of 1994 (25 U.S.C. 4043) is amended--
                    (A) by striking the section heading and inserting 
                the following:

``SEC. 303. ADDITIONAL AUTHORITIES AND FUNCTIONS OF THE DEPUTY 
              SECRETARY.'';

                    (B) in subsection (a)(1), by striking ``section 
                302(b) of this title'' and inserting ``section 
                302(a)(2)'';
                    (C) in subsection (e)--
                            (i) by striking the subsection heading and 
                        inserting the following:
    ``(e) Access of Deputy Secretary.--''; and
                            (ii) by striking ``and his staff'' and 
                        inserting ``and staff of the Deputy 
                        Secretary''; and
                    (D) by striking ``Special Trustee'' each place it 
                appears and inserting ``Deputy Secretary''.
            (4) Sections 304 and 305 of the American Indian Trust Fund 
        Management Reform Act of 1994 (25 U.S.C. 4044, 4045) are 
        amended by striking ``Special Trustee'' each place it appears 
        and inserting ``Deputy Secretary''.

SEC. 407. ADVISORY BOARD AND TRIBAL TASK FORCE.

    The American Indian Trust Fund Management Reform Act of 1994 is 
amended by striking section 306 (25 U.S.C. 4046) and inserting the 
following:

``SEC. 306. TRIBAL TASK FORCE ON TRUST REFORM.

    ``(a) Establishment.--As soon as practicable after the date of 
enactment of this section, the Deputy Secretary shall establish a 
Tribal Task Force on Trust Reform.
    ``(b) Composition.--
            ``(1) In general.--The Task Force shall be composed of 18 
        members and 12 alternates, of which--
                    ``(A) 6 members shall--
                            ``(i) serve as primary members; and
                            ``(ii) be selected by the Deputy Secretary;
                    ``(B) 12 members shall--
                            ``(i) serve as primary members; and
                            ``(ii) be selected by members of federally-
                        recognized Indian tribes located within the 
                        regions of the Bureau represented by the 
                        members; and
                    ``(C) the 12 alternates shall--
                            ``(i) serve as alternate members for the 
                        members described in subparagraph (B); and
                            ``(ii) be selected by members of federally-
                        recognized Indian tribes located within the 
                        regions of the Bureau represented by the 
                        members.
            ``(2) Regional representation.--Each region of the Bureau 
        shall be represented by a primary member and alternate member 
        on the Task Force.
            ``(3) Term.--A member of the Task Force shall serve for a 
        term of 2 years.
    ``(c) Duties.--The Task Force, in cooperation with the Deputy 
Secretary, shall--
            ``(1) not later than 1 year after the date of enactment of 
        this section, conduct and submit to Congress a report on a 
        study of appropriate standards and procedures for inventorying 
        and management of trust assets; and
            ``(2) not later than 2 years after the date of enactment of 
        this section, identify, and submit to Congress a report that 
        includes recommendations relating to, modifications to existing 
        law relating to trust reform, including recommendations on 
        matters such as--
                    ``(A) the need for an independent commission to 
                oversee the administration of trust funds and assets; 
                and
                    ``(B) the most beneficial administrative structure 
                and procedures.
    ``(d) FACA.--The Task Force shall not be subject to the Federal 
Advisory Committee Act (5 U.S.C. App.).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
    ``(f) Termination of Authority.--The Task Force and authority of 
the Task Force under this section terminate on the date that is 3 years 
after the date of enactment of the Indian Trust Asset and Trust Fund 
Management and Reform Act of 2003.''.

SEC. 408. REGULATIONS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of the Interior shall promulgate regulations 
to carry out the amendments made by this title.
    (b) Active Participation.--
            (1) In general.--All regulations promulgated under 
        subsection (a) shall be developed through a negotiated 
        rulemaking in accordance with subchapter II of chapter 5, and 
        chapter 7, of title 5, United States Code (commonly known as 
        the ``Administrative Procedure Act'').
            (2) Participants.--With the exception of the Secretary of 
        the Interior, each participant in the negotiated rulemaking 
        under paragraph (1) shall be a federally-recognized Indian 
        tribe.

SEC. 409. NO EFFECT ON CERTAIN JUDICIAL DECISION.

    Nothing in this title or any amendment made by this title limits or 
otherwise affects any finding, remedy, jurisdiction, authority, or 
discretion of any court with respect to Cobell v. Norton, Civ. No. 96-
1285 (RCL).

                       TITLE V--RACIAL PROFILING

SEC. 501. SENSE OF THE SENATE ON RACIAL PROFILING.

    (a) Findings.--The Senate finds the following:
            (1) The vast majority of police officers and other law 
        enforcement agents nationwide discharge their duties and 
        protect their communities in a professional manner, without 
        bias.
            (2) The use by some law enforcement agents of race, 
        ethnicity, or national origin in deciding which persons should 
        be subject to traffic stops and other discretionary law 
        enforcement interventions (referred to in this section as 
        ``racial profiling'') is wrong. Statistical evidence from 
        throughout the United States demonstrates that such racial 
        profiling is a real and measurable phenomenon.
            (3) The vast majority of individuals subjected to such 
        stops and interventions based on race, ethnicity, or national 
        origin are found to be law-abiding. Therefore, racial profiling 
        is not an effective means to uncover criminal activity.
            (4) Racial profiling harms individuals subjected to it 
        because the individuals experience fear, anxiety, humiliation, 
        anger, resentment, and cynicism when unjustifiably treated as 
        criminal suspects.
            (5) Racial profiling damages the criminal justice system as 
        a whole by undermining public confidence and trust in the 
        police, the courts, and criminal law.
            (6) President Bush, in his first address to a joint session 
        of Congress on February 27, 2001, said that the practice of 
        racial profiling is wrong and pledged to end the practice.
            (7) Attorney General John Ashcroft, as recently as July 25, 
        2002, made a commitment to work with Congress, to get a bill to 
        the President's desk that will make clear that racial profiling 
        is wrong and should be banned in the United States.
    (b) Sense of the Senate.--It is the sense of the Senate that 
Congress should enact legislation--
            (1) to ban the practice of racial profiling; and
            (2) to require Federal, State, and local law enforcement to 
        take steps to prevent the practice.

                      TITLE VI--PAYCHECK FAIRNESS

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Paycheck Fairness Act''.

SEC. 602. FINDINGS.

    Congress makes the following findings:
            (1) Women have entered the workforce in record numbers.
            (2) Even today, women earn significantly lower pay than men 
        for work on jobs that require equal skill, effort, and 
        responsibility and that are performed under similar working 
        conditions. These pay disparities exist in both the private and 
        governmental sectors. In many instances, the pay disparities 
        can only be due to continued intentional discrimination or the 
        lingering effects of past discrimination.
            (3) The existence of such pay disparities--
                    (A) depresses the wages of working families who 
                rely on the wages of all members of the family to make 
                ends meet;
                    (B) prevents the optimum utilization of available 
                labor resources;
                    (C) has been spread and perpetuated, through 
                commerce and the channels and instrumentalities of 
                commerce, among the workers of the several States;
                    (D) burdens commerce and the free flow of goods in 
                commerce;
                    (E) constitutes an unfair method of competition in 
                commerce;
                    (F) leads to labor disputes burdening and 
                obstructing commerce and the free flow of goods in 
                commerce;
                    (G) interferes with the orderly and fair marketing 
                of goods in commerce; and
                    (H) in many instances, may deprive workers of equal 
                protection on the basis of sex in violation of the 5th 
                and 14th amendments.
            (4)(A) Artificial barriers to the elimination of 
        discrimination in the payment of wages on the basis of sex 
        continue to exist decades after the enactment of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 201 et seq.) and the Civil 
        Rights Act of 1964 (42 U.S.C. 2000a et seq.).
            (B) Elimination of such barriers would have positive 
        effects, including--
                    (i) providing a solution to problems in the economy 
                created by unfair pay disparities;
                    (ii) substantially reducing the number of working 
                women earning unfairly low wages, thereby reducing the 
                dependence on public assistance;
                    (iii) promoting stable families by enabling all 
                family members to earn a fair rate of pay;
                    (iv) remedying the effects of past discrimination 
                on the basis of sex and ensuring that in the future 
                workers are afforded equal protection on the basis of 
                sex; and
                    (v) ensuring equal protection pursuant to Congress' 
                power to enforce the 5th and 14th amendments.
            (5) With increased information about the provisions added 
        by the Equal Pay Act of 1963 and wage data, along with more 
        effective remedies, women will be better able to recognize and 
        enforce their rights to equal pay for work on jobs that require 
        equal skill, effort, and responsibility and that are performed 
        under similar working conditions.
            (6) Certain employers have already made great strides in 
        eradicating unfair pay disparities in the workplace and their 
        achievements should be recognized.

SEC. 603. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.

    (a) Required Demonstration for Affirmative Defense.--Section 
6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(1)) 
is amended by striking ``(iv) a differential'' and all that follows 
through the period and inserting the following: ``(iv) a differential 
based on a bona fide factor other than sex, such as education, training 
or experience, except that this clause shall apply only if--
                            ``(I) the employer demonstrates that--
                                    ``(aa) such factor--
                                            ``(AA) is job-related with 
                                        respect to the position in 
                                        question; or
                                            ``(BB) furthers a 
                                        legitimate business purpose, 
                                        except that this item shall not 
                                        apply where the employee 
                                        demonstrates that an 
                                        alternative employment practice 
                                        exists that would serve the 
                                        same business purpose without 
                                        producing such differential and 
                                        that the employer has refused 
                                        to adopt such alternative 
                                        practice; and
                                    ``(bb) such factor was actually 
                                applied and used reasonably in light of 
                                the asserted justification; and
                            ``(II) upon the employer succeeding under 
                        subclause (I), the employee fails 
to demonstrate that the differential produced by the reliance of the 
employer on such factor is itself the result of discrimination on the 
basis of sex by the employer.
        ``An employer that is not otherwise in compliance with this 
        paragraph may not reduce the wages of any employee in order to 
        achieve such compliance.''.
    (b) Application of Provisions.--Section 6(d)(1) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended by adding at the 
end the following: ``The provisions of this subsection shall apply to 
applicants for employment if such applicants, upon employment by the 
employer, would be subject to any provisions of this section.''.
    (c) Elimination of Establishment Requirement.--Section 6(d) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)) is amended--
            (1) by striking ``, within any establishment in which such 
        employees are employed,''; and
            (2) by striking ``in such establishment'' each place it 
        appears.
    (d) Nonretaliation Provision.--Section 15(a)(3) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended--
            (1) by striking ``or has'' each place it appears and 
        inserting ``has''; and
            (2) by inserting before the semicolon the following: ``, or 
        has inquired about, discussed, or otherwise disclosed the wages 
        of the employee or another employee, or because the employee 
        (or applicant) has made a charge, testified, assisted, or 
        participated in any manner in an investigation, proceeding, 
        hearing, or action under section 6(d)''.
    (e) Enhanced Penalties.--Section 16(b) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 216(b)) is amended--
            (1) by inserting after the first sentence the following: 
        ``Any employer who violates section 6(d) shall additionally be 
        liable for such compensatory or punitive damages as may be 
        appropriate, except that the United States shall not be liable 
        for punitive damages.'';
            (2) in the sentence beginning ``An action to'', by striking 
        ``either of the preceding sentences'' and inserting ``any of 
        the preceding sentences of this subsection'';
            (3) in the sentence beginning ``No employees shall'', by 
        striking ``No employees'' and inserting ``Except with respect 
        to class actions brought to enforce section 6(d), no 
        employee'';
            (4) by inserting after the sentence referred to in 
        paragraph (3), the following: ``Notwithstanding any other 
        provision of Federal law, any action brought to enforce section 
        6(d) may be maintained as a class action as provided by the 
        Federal Rules of Civil Procedure.''; and
            (5) in the sentence beginning ``The court in''--
                    (A) by striking ``in such action'' and inserting 
                ``in any action brought to recover the liability 
                prescribed in any of the preceding sentences of this 
                subsection''; and
                    (B) by inserting before the period the following: 
                ``, including expert fees''.
    (f) Action by Secretary.--Section 16(c) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 216(c)) is amended--
            (1) in the first sentence--
                    (A) by inserting ``or, in the case of a violation 
                of section 6(d), additional compensatory or punitive 
                damages,'' before ``and the agreement''; and
                    (B) by inserting before the period the following: 
                ``, or such compensatory or punitive damages, as 
                appropriate'';
            (2) in the second sentence, by inserting before the period 
        the following: ``and, in the case of a violation of section 
        6(d), additional compensatory or punitive damages'';
            (3) in the third sentence, by striking ``the first 
        sentence'' and inserting ``the first or second sentence''; and
            (4) in the last sentence--
                    (A) by striking ``commenced in the case'' and 
                inserting ``commenced--
            ``(1) in the case'';
                    (B) by striking the period and inserting 
                ``; or''; and
                    (C) by adding at the end the following:
            ``(2) in the case of a class action brought to enforce 
        section 6(d), on the date on which the individual becomes a 
        party plaintiff to the class action''.

SEC. 604. TRAINING.

    The Equal Employment Opportunity Commission and the Office of 
Federal Contract Compliance Programs, subject to the availability of 
funds appropriated under section 609, shall provide training to 
Commission employees and affected individuals and entities on matters 
involving discrimination in the payment of wages.

SEC. 605. RESEARCH, EDUCATION, AND OUTREACH.

    The Secretary of Labor shall conduct studies and provide 
information to employers, labor organizations, and the general public 
concerning the means available to eliminate pay disparities between men 
and women, including--
            (1) conducting and promoting research to develop the means 
        to correct expeditiously the conditions leading to the pay 
        disparities;
            (2) publishing and otherwise making available to employers, 
        labor organizations, professional associations, educational 
        institutions, the media, and the general public the findings 
resulting from studies and other materials, relating to eliminating the 
pay disparities;
            (3) sponsoring and assisting State and community 
        informational and educational programs;
            (4) providing information to employers, labor 
        organizations, professional associations, and other interested 
        persons on the means of eliminating the pay disparities;
            (5) recognizing and promoting the achievements of 
        employers, labor organizations, and professional associations 
that have worked to eliminate the pay disparities; and
            (6) convening a national summit to discuss, and consider 
        approaches for rectifying, the pay disparities.

SEC. 606. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNITION PROGRAM.

    (a) Guidelines.--
            (1) In general.--The Secretary of Labor shall develop 
        guidelines to enable employers to evaluate job categories based 
        on objective criteria such as educational requirements, skill 
requirements, independence, working conditions, and responsibility, 
including decisionmaking responsibility and de facto supervisory 
responsibility.
            (2) Use.--The guidelines developed under paragraph (1) 
        shall be designed to enable employers voluntarily to compare 
        wages paid for different jobs to determine if the pay scales 
        involved adequately and fairly reflect the educational 
        requirements, skill requirements, independence, working 
        conditions, and responsibility for each such job with the goal 
        of eliminating unfair pay disparities between occupations 
        traditionally dominated by men or women.
            (3) Publication.--The guidelines shall be developed under 
        paragraph (1) and published in the Federal Register not later 
        than 180 days after the date of enactment of this Act.
    (b) Employer Recognition.--
            (1) Purpose.--It is the purpose of this subsection to 
        emphasize the importance of, encourage the improvement of, and 
        recognize the excellence of employer efforts to pay wages to 
        women that reflect the real value of the contributions of such 
        women to the workplace.
            (2) In general.--To carry out the purpose of this 
        subsection, the Secretary of Labor shall establish a program 
        under which the Secretary shall provide for the recognition of 
        employers who, pursuant to a voluntary job evaluation conducted 
        by the employer, adjust their wage scales (such adjustments 
        shall not include the lowering of wages paid to men) using the 
        guidelines developed under subsection (a) to ensure that women 
        are paid fairly in comparison to men.
            (3) Technical assistance.--The Secretary of Labor may 
        provide technical assistance to assist an employer in carrying 
        out an evaluation under paragraph (2).
    (c) Regulations.--The Secretary of Labor shall promulgate such 
rules and regulations as may be necessary to carry out this section.

SEC. 607. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE 
              WORKPLACE.

    (a) In General.--There is established the Secretary of Labor's 
National Award for Pay Equity in the Workplace, which shall be 
evidenced by a medal bearing the inscription ``Secretary of Labor's 
National Award for Pay Equity in the Workplace''. The medal shall be of 
such design and materials, and bear such additional inscriptions, as 
the Secretary of Labor may prescribe.
    (b) Criteria for Qualification.--To qualify to receive an award 
under this section a business shall--
            (1) submit a written application to the Secretary of Labor, 
        at such time, in such manner, and containing such information 
        as the Secretary may require, including at a minimum 
        information that demonstrates that the business has made 
substantial effort to eliminate pay disparities between men and women, 
and deserves special recognition as a consequence; and
            (2) meet such additional requirements and specifications as 
        the Secretary of Labor determines to be appropriate.
    (c) Making and Presentation of Award.--
            (1) Award.--After receiving recommendations from the 
        Secretary of Labor, the President or the designated 
        representative of the President shall annually present the 
        award described in subsection (a) to businesses that meet the 
        qualifications described in subsection (b).
            (2) Presentation.--The President or the designated 
        representative of the President shall present the award under 
        this section with such ceremonies as the President or the 
        designated representative of the President may determine to be 
        appropriate.
    (d) Business.--In this section, the term ``business'' includes--
            (1)(A) a corporation, including a nonprofit corporation;
            (B) a partnership;
            (C) a professional association;
            (D) a labor organization; and
            (E) a business entity similar to an entity described in any 
        of subparagraphs (A) through (D);
            (2) an entity carrying out an education referral program, a 
        training program, such as an apprenticeship or management 
        training program, or a similar program; and
            (3) an entity carrying out a joint program, formed by a 
        combination of any entities described in paragraph (1) or (2).

SEC. 608. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT 
              OPPORTUNITY COMMISSION.

    Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is 
amended by adding at the end the following:
    ``(f)(1) Not later than 18 months after the date of enactment of 
this subsection, the Commission shall--
            ``(A) complete a survey of the data that is currently 
        available to the Federal Government relating to employee pay 
        information for use in the enforcement of Federal laws 
        prohibiting pay discrimination and, in consultation with other 
        relevant Federal agencies, identify additional data collections 
        that will enhance the enforcement of such laws; and
            ``(B) based on the results of the survey and consultations 
        under subparagraph (A), issue regulations to provide for the 
        collection of pay information data from employers as described 
        by the sex, race, and national origin of employees.
    ``(2) In implementing paragraph (1), the Commission shall have as 
its primary consideration the most effective and efficient means for 
enhancing the enforcement of Federal laws prohibiting pay 
discrimination. For this purpose, the Commission shall consider factors 
including the imposition of burdens on employers, the frequency of 
required reports (including which employers should be required to 
prepare reports), appropriate protections for maintaining data 
confidentiality, and the most effective format for the data collection 
reports.''.

SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

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

                TITLE VII--EMPLOYMENT NON-DISCRIMINATION

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Employment Non-Discrimination Act 
of 2003''.

SEC. 702. 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 and provide for the general welfare 
        pursuant to section 8 of article I of the Constitution, in 
        order to prohibit employment discrimination on the basis of 
        sexual orientation.

SEC. 703. DEFINITIONS.

    (a) In General.--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) Employee.--
                    (A) In general.--The term ``employee'' means--
                            (i) an employee (as defined in section 
                        701(f) of the Civil Rights Act of 1964 (42 
                        U.S.C. 2000e(f));
                            (ii) a Presidential appointee or State 
                        employee to which section 302(a)(1) of the 
                        Government Employee Rights Act of 1991 (2 
                        U.S.C. 1202(a)(1)) applies;
                            (iii) a covered employee, as defined in 
                        section 101 of the Congressional Accountability 
                        Act of 1995 (2 U.S.C. 1301) or section 411(c) 
                        of title 3, United States Code; or
                            (iv) an employee or applicant to which 
                        section 717(a) of the Civil Rights Act of 1964 
                        (42 U.S.C. 2000e-16(a)) applies.
                    (B) Exception.--The provisions of this title that 
                apply to an employee or individual shall not apply to a 
                volunteer who receives no compensation.
            (4) 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 subparagraphs (A)(i) and 
(B) of paragraph (3)) 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 
                applies;
                    (C) an employing office, as defined in section 101 
                of the Congressional Accountability Act of 1995 or 
                section 411(c) of title 3, United States Code; or
                    (D) an entity to which section 717(a) of the Civil 
                Rights Act of 1964 applies.
            (5) 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)).
            (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)).
    (b) Application of Definitions.--For purposes of this section, a 
reference in section 701 of the Civil Rights Act of 1964--
            (1) to an employee or an employer shall be considered to 
        refer to an employee (as defined in paragraph (3)) or an 
        employer (as defined in paragraph (4)), respectively, except as 
        provided in paragraph (2); and
            (2) to an employer in subsection (f) of that section shall 
        be considered to refer to an employer (as defined in paragraph 
        (4)(A)).

SEC. 704. 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 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, or 
        would limit such employment 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.--Only disparate treatment claims may be 
brought under this title.

SEC. 705. RETALIATION PROHIBITED.

    It shall be an unlawful employment practice for a covered entity to 
discriminate against an individual because such individual opposed any 
practice made an unlawful employment practice by this title, or because 
such individual made a charge, testified, assisted, or participated in 
any manner in an investigation, proceeding, or hearing under this 
title.

SEC. 706. 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. 707. 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. 708. 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. 709. RELIGIOUS EXEMPTION.

    This title shall not apply to a religious organization.

SEC. 710. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS' 
              PREFERENCES.

    (a) Armed Forces.--
            (1) Employment.--In this title, the term ``employment'' 
        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 for a veteran.

SEC. 711. CONSTRUCTION.

    (a) Employer Rules and Policies.--Nothing in this title shall be 
construed to prohibit a covered entity from enforcing rules and 
policies, if the rules or policies are designed for, and uniformly 
applied to, all individuals regardless of sexual orientation.
    (b) Association.--Nothing in this title shall be construed to 
prohibit any association, or infringe upon any right of association, 
guaranteed by the first amendment to the Constitution, of any 
nonprofit, voluntary membership organization.

SEC. 712. 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. 713. STATE AND FEDERAL IMMUNITY.

    (a) State Immunity.--A State shall not be immune under the 11th 
amendment to the Constitution from a suit described in subsection (b) 
and brought in a Federal court of competent jurisdiction for a 
violation of this title.
    (b) Remedies for State Employees.--
            (1) In general.--
                    (A) Waiver.--A State's receipt or use of Federal 
                financial assistance for any program or activity of a 
                State shall constitute a waiver of sovereign immunity, 
                under the 11th amendment to the Constitution or 
                otherwise, to a suit brought by an employee or 
                applicant for employment of that program or activity 
                under this title for a remedy authorized under 
                subsection (c).
                    (B) Definition.--In this paragraph, the term 
                ``program or activity'' has the meaning given the term 
                in section 606 of the Civil Rights Act of 1964 (42 
                U.S.C. 2000d-4a).
            (2) Officials.--An official of a State may be sued in the 
        official capacity of the official by any employee or applicant 
        for employment who has complied with the applicable procedures 
        of section 712, for equitable relief that is authorized under 
        this title. In such a suit the court may award to the 
        prevailing party those costs authorized by section 722 of the 
        Revised Statutes (42 U.S.C. 1988).
            (3) Effective date.--With respect to a particular program 
        or activity, paragraphs (1) and (2) apply to conduct occurring 
        on or after the day, after the date of enactment of this Act, 
        on which a State first receives or uses Federal financial 
        assistance for that program or activity.
    (c) Remedies Against the United States and the States.--
Notwithstanding any other provision of this Act, 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. 714. 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 712(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. 715. 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 712(b) of this Act 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. 716. 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 and applicants for employment of the Library of Congress.
    (c) Board.--The Board referred to in section 712(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 411(c) of title 3, United States Code.

SEC. 717. 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. 718. 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. 719. 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 VIII--GENETIC NONDISCRIMINATION

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Genetic Nondiscrimination in 
Health Insurance and Employment Act''.

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

SEC. 811. AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 
              1974.

    (a) Prohibition of Health Insurance Discrimination on the Basis of 
Genetic Services or Protected 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 protected 
        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 
              PROTECTED 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 protected 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 Protected 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 Protected 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 
protected 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 Protected 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 protected 
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 protected 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 protected 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 protected genetic information.
            ``(2) Disclosure for health care treatment.--Nothing in 
        this section shall be construed to limit or restrict the 
        disclosure of protected 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.--
                    ``(A) In general.--The term `genetic test' means 
                the analysis of human DNA, RNA, chromosomes, proteins, 
                or metabolites that detect genotypes, mutations, or 
                chromosomal changes.
                    ``(B) Certain tests.--Notwithstanding subparagraph 
                (A), the conducting of metabolic tests that are not 
                intended to reveal protected genetic information shall 
                not be considered a violation of section 702(c) for 
                purposes of such subparagraph regardless of the results 
                of the tests. Test results that are protected genetic 
                information shall be subject to the applicable 
                provisions of this part.
            ``(9) Protected genetic information.--The term `protected 
        genetic information' means--
                    ``(A) information about an individual's genetic 
                tests;
                    ``(B) information about genetic tests of family 
                members of the individual; or
                    ``(C) information about the occurrence of a disease 
                or disorder in family members.''.
    (f) Limitations With Respect to Definition.--Section 702 of the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182), as 
amended by subsection (b), is further amended by adding at the end the 
following:
    ``(j) Limitations.--As defined in section 933(d)(9), the term 
protected genetic information shall not include--
            ``(1) information about the sex or age of the individual;
            ``(2) information about chemical, blood, or urine analyses 
        of the individual, unless these analyses are genetic tests; or
            ``(3) information about physical exams of the individual, 
        and other information that indicates the current health status 
        of the individual.''.
    (g) 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''.
    (h) 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, 2003.
            (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, 2003.
        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. 812. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

    (a) Amendments Relating to the Group Market.--
            (1) Prohibition of health insurance discrimination on the 
        basis of protected 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 
                protected 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 
              PROTECTED 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 protected 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 protected 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 Protected 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 protected 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 Protected 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 protected 
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 protected 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 protected 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 protected genetic information.
            ``(2) Disclosure for health care treatment.--Nothing in 
        this section shall be construed to limit or restrict the 
        disclosure of protected 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.--
                    ``(A) In general.--The term `genetic test' means 
                the analysis of human DNA, RNA, chromosomes, proteins, 
                or metabolites that detect genotypes, mutations, or 
                chromosomal changes.
                    ``(B) Certain tests.--Notwithstanding subparagraph 
                (A), the conducting of metabolic tests that are not 
                intended to reveal protected genetic information shall 
                not be considered a violation of section 2702(c) or 
                2754(a) for purposes of such subparagraph regardless of 
                the results of the tests. Test results that are 
                protected genetic information shall be subject to the 
                applicable provisions of this title.
            ``(19) Protected genetic information.--The term `protected 
        genetic information' means--
                    ``(A) information about an individual's genetic 
                tests;
                    ``(B) information about genetic tests of family 
                members of the individual; or
                    ``(C) information about the occurrence of a disease 
                or disorder in family members.''.
            (4) Limitations with Respect to Definition.--Section 2702 
        of the Public Health Service Act (42 U.S.C. 300gg-1), as 
        amended by paragraph (2), is further amended by adding at the 
        end the following:
    ``(j) Limitations.--As defined in section 2791(d)(19), the term 
protected genetic information shall not include--
            ``(1) information about the sex or age of the individual;
            ``(2) information about chemical, blood, or urine analyses 
        of the individual, unless these analyses are genetic tests; or
            ``(3) information about physical exams of the individual, 
        and other information that indicates 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 PROTECTED 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 protected 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 protected 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 PROTECTED 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 Protected 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 protected 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 Protected Genetic Information.--A health 
insurance issuer offering health insurance coverage in the individual 
market shall not disclose protected 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 protected 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 protected 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 protected genetic information.
            ``(2) Disclosure for health care treatment.--Nothing in 
        this section shall be construed to limit or restrict the 
        disclosure of protected 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) than does this part; 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, 2003.
            (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, 2003.
        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. 813. AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.

    (a) Prohibition of Health Insurance Discrimination on the Basis of 
Genetic Services or Protected Genetic Information.--
            (1) No enrollment restriction for genetic services.--
        Section 9802(a)(1)(F) of the Internal Revenue Code of 1986 is 
        amended by inserting before the period ``(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 protected 
        genetic information.--
                    (A) In general.--Subchapter B of chapter 100 of the 
                Internal Revenue Code of 1986 is amended by adding at 
                the end the following:

``SEC. 9813. PROHIBITING DISCRIMINATION AGAINST GROUPS ON THE BASIS OF 
              PROTECTED 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 
protected 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 the Internal 
                        Revenue Code of 1986 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 the Internal 
                        Revenue Code of 1986 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), (d), (e), 
                        (f), (g), or (h) of section 9802 or section 
                        9813) after ``chapter''.
    (b) Limitations on Genetic Testing and on Collection and Disclosure 
of Protected Genetic Information.--Section 9802 of the Internal Revenue 
Code of 1986 is amended by adding at the end the following:
    ``(d) Genetic Testing.--
            ``(1) Limitation on requesting or requiring genetic 
        testing.--A group health plan may 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 Protected Genetic Information.--Except as 
provided in subsections (g) and (h), a group health plan shall not 
request, require, collect, or purchase protected 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 Protected Genetic Information.--A group health 
plan shall not disclose protected 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 protected 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 protected 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.
    ``(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 protected genetic information.
            ``(2) Disclosure for health care treatment.--Nothing in 
        this section shall be construed to limit or restrict the 
        disclosure of protected 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.''.
    (c) Definitions.--Section 9832(d) of the Internal Revenue Code of 
1986 is amended by adding at the end the following:
            ``(6) Family member.--The term `family member' means with 
        respect to an individual--
                    ``(A) the spouse of the individual;
                    ``(B) a dependent child of the individual, 
                including a child who is born to or placed for adoption 
                with the individual; and
                    ``(C) all other individuals related by blood to the 
                individual or the spouse or child described in 
                subparagraph (A) or (B).
            ``(7) Genetic 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.--
                    ``(A) In general.--The term `genetic test' means 
                the analysis of human DNA, RNA, chromosomes, proteins, 
                or metabolites that detect genotypes, mutations, or 
                chromosomal changes.
                    ``(B) Certain tests.--Notwithstanding subparagraph 
                (A), the conducting of metabolic tests that are not 
                intended to reveal protected genetic information shall 
                not be considered a violation of section 9802(d) for 
                purposes of such subparagraph regardless of the results 
                of the tests. Test results that are protected genetic 
                information shall be subject to the applicable 
                provisions of this chapter.
            ``(10) Protected genetic information.--The term `protected 
        genetic information' means--
                    ``(A) information about an individual's genetic 
                tests;
                    ``(B) information about genetic tests of family 
                members of the individual; or
                    ``(C) information about the occurrence of a disease 
                or disorder in family members.
    (d) Limitations With Respect to Definition.--Section 9802 of the 
Internal Revenue Code of 1986, as amended by subsection (b), is further 
amended by adding at the end the following:
    ``(k) Limitations.--As defined in section 9832(d)(10), the term 
protected genetic information shall not include--
            ``(1) information about the sex or age of the individual;
            ``(2) information about chemical, blood, or urine analyses 
        of the individual, unless these analyses are genetic tests; or
            ``(3) information about physical exams of the individual, 
        and other information that indicates the current health status 
        of the individual.''.
    (e) 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, 2003.
            (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, 2003.
        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. 814. 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 protected 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 `protected 
                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, 2003.
    (b) Limitations on Genetic Testing and on Collection and Disclosure 
of Protected 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 Protected 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 protected genetic information.--Except 
        as provided in paragraphs (4) and (5), an issuer of a medicare 
        supplemental policy shall not request, require, collect, or 
        purchase protected 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 protected genetic information.--An 
        issuer of a medicare supplemental policy shall not disclose 
        protected 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 protected 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 protected 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 protected genetic information.
                    ``(B) Disclosure for health care treatment.--
                Nothing in this section shall be construed to limit or 
                restrict the disclosure of protected 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.--
                            ``(i) In general.--The term `genetic test' 
                        means the analysis of human DNA, RNA, 
                        chromosomes, proteins, or metabolites that 
                        detect genotypes, mutations, or chromosomal 
                        changes.
                            ``(ii) Certain tests.--Notwithstanding 
                        subparagraph (A), the conducting of metabolic 
                        tests that are not intended to reveal protected 
                        genetic information shall not be considered a 
                        violation of paragraph (1) regardless of the 
                        results of the tests. Test results that are 
                        protected genetic information shall be subject 
                        to the applicable provisions of this 
                        subsection.
                    ``(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) Protected genetic information.--The term 
                `protected 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.
            (2) Limitations with respect to definition.--Section 
        1882(v) of the Social Security Act (42 U.S.C. 1395ss), as added 
by paragraph (1), is amended by adding at the end the following:
            ``(11) Limitations.--As defined in paragraph (10)(G), the 
        term protected genetic information shall not include--
                    ``(A) information about the sex or age of the 
                individual;
                    ``(B) information about chemical, blood, or urine 
                analyses of the individual, unless these analyses are 
                genetic tests; or
                    ``(C) information about physical exams of the 
                individual, and other information that indicates the 
                current health status of the individual.''.
            (3) 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).''.
            (4) 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, 
        2003.
    (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, 2003, 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, 2003, 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, 2003.
                    (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 2003 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, 2003. 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 
                     Protected Genetic Information

SEC. 821. 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.--
                    (A) In general.--The term ``genetic test'' means 
                the analysis of human DNA, RNA, chromosomes, proteins, 
                or metabolites that detect genotypes, mutations, or 
                chromosomal changes.
                    (B) Certain tests.--Notwithstanding subparagraph 
                (A), the conducting of metabolic tests that are not 
                intended to reveal protected genetic information shall 
                not be considered a violation of 203(a)(3), 204(3), 
                205(3), or 206(3) regardless of the results of the 
                tests. Test results that are protected genetic 
                information shall be subject to the applicable 
                provisions of this subtitle.
            (6) Protected genetic information.--The term ``protected 
        genetic information'' means--
                    (A) information about an individual's genetic 
                tests;
                    (B) information about genetic tests of family 
                members of the individual; or
                    (C) information about the occurrence of a disease 
                or disorder in family members.

SEC. 822. LIMITATIONS WITH RESPECT TO DEFINITION.

    As defined in section 821(6), the term protected genetic 
information shall not include--
            (1) information about the sex or age of the individual; or
            (2) information about chemical, blood, or urine analyses of 
        the individual, unless these analyses are genetic tests.

SEC. 823. EMPLOYER PRACTICES.

    (a) In General.--It shall be an unlawful employment practice for an 
employer (or a worker's compensation insurance issuer acting on the 
employer's behalf)--
            (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 protected 
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 
        protected 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 protected 
        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 health or 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; or
                    (C) with respect to an applicant who has been given 
                a conditional offer of employment or to an employee, an 
                employer may request, require, collect or purchase the 
                information described in section 821(6)(C) if--
                            (i) the request or requirement is 
                        consistent with the Americans with Disabilities 
                        Act of 1990 (42 U.S.C. 12101 et seq.) or the 
                        Rehabilitation Act of 1973 (29 U.S.C. 701 et 
                        seq.);
                            (ii)(I) the information obtained is to be 
                        used exclusively to assess whether further 
                        medical evaluation is needed to diagnose a 
                        current disease, or medical condition or 
                        disorder; and
                            (II) such current disease, or medical 
                        condition or disorder could prevent the 
                        applicant or employee from performing the 
                        essential functions of the position desired or 
                        held; and
                            (III) the information described in such 
                        section will not be disclosed to persons other 
                        than medical personnel involved in or 
                        responsible for assessing whether further 
                        medical evaluation is needed to diagnose a 
                        current disease, or medical condition or 
                        disorder, except as otherwise permitted by this 
                        subtitle.
    (b) Limitation.--In the case of protected genetic information to 
which subparagraph (A), (B), or (C) of subsection (a)(3) applies, such 
information may not be used in violation of paragraph (1) or (2) of 
subsection (a).

SEC. 824. 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 protected 
        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 protected 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 protected 
        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. 825. 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 protected 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 protected 
        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 protected 
        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. 826. 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 
        protected 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 protected 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 protected 
        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. 827. MAINTENANCE AND DISCLOSURE OF PROTECTED GENETIC INFORMATION.

    (a) Maintenance of Protected Genetic Information.--If an employer 
(or a worker's compensation insurance issuer acting on the employer's 
behalf) possesses protected 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 and maintained as part of the employee's confidential medical 
records.
    (b) Disclosure of Protected Genetic Information.--An employer (or a 
worker's compensation insurance issuer acting on the employer's behalf) 
shall not disclose protected 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 (or 
        a worker's compensation insurance issuer acting on the 
        employer's behalf) 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 subtitle if the information is relevant to 
        the investigation.

SEC. 828. CIVIL ACTION.

    (a) In General.--One or more employees, members of a labor 
organization, or participants in training programs or a labor 
organization may bring an action in a Federal or State court of 
competent jurisdiction against an employer (or a worker's compensation 
insurance issuer acting on the employer's behalf), 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.--
            (1) In general.--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.
            (2) Exhaustion of remedies.--Nothing in this subsection 
        shall be construed to require that an individual exhaust the 
        administrative remedies available through the Equal Employment 
        Opportunity Commission prior to commencing a civil action under 
        this section, except that if an individual files a charge of 
        discrimination with the Commission that alleges a violation of 
        this subtitle, the individual shall exhaust the administrative 
        remedies available through the Commission prior to commencing a 
        civil action under this section.
    (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 
cost of experts.

SEC. 829. 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 subtitle;
            (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. 830. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 831. EFFECTIVE DATE.

    This subtitle shall become effective on October 1, 2003.

                  Subtitle C--Miscellaneous Provisions

SEC. 841. SEVERABILITY.

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

                       TITLE IX--MEDICAL PRIVACY

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Protecting Americans' Medical 
Privacy Act''.

SEC. 902. PURPOSE.

     The purpose of this title is to restore patient privacy 
protections essential for high-quality health care that were undermined 
by the Bush Administration's August 2002 modifications of the December 
2000 medical privacy rule.

SEC. 903. RESTORATION OF PRIVACY PROTECTIONS.

    (a) Consent for Uses or Disclosures to Carry Out Treatment, 
Payment, or Health Care Operations.--
            (1) In general.--The modifications made to sections 
        164.502, 164.506, and 164.532 of title 45, Code of Federal 
        Regulations, by the August 2002 medical privacy rule shall have 
        no force or effect.
            (2) Clarification regarding instances when consent is not 
        required.-- In addition to the circumstances described in the 
        December 2000 medical privacy rule, and notwithstanding any 
        provision to the contrary, such sections 164.502, 164.506, and 
        164.532 shall be construed and applied so as to permit a health 
        care provider to use or disclose an individual's protected 
        health information without obtaining the prior consent of the 
        individual in the following circumstances:
                    (A) A health care provider may use or disclose an 
                individual's protected health information to fill or 
                dispense a prescription, search for drug interactions 
                related to that prescription, and determine eligibility 
                and obtain authorization for payment regarding that 
                prescription, if the health care provider obtains 
                written consent from the individual as soon as 
                practicable.
                    (B) A health care provider may use or disclose an 
                individual's protected health information to carry out 
                treatment of that individual if--
                            (i) the individual and the health care 
                        provider have not had in-person communication 
                        regarding such treatment;
                            (ii) obtaining consent would be 
                        impracticable;
                            (iii) the health care provider determines, 
                        in the exercise of professional judgment, that 
                        the individual's consent is clearly inferred 
                        from the circumstances, such as an order or 
                        referral from another health care provider; and
                            (iv) the health care provider obtains 
                        written consent from the individual as soon as 
                        practicable.
    (b) Marketing.--
            (1) In general.--The modifications made by the August 2002 
        medical privacy rule to the definition of the term 
        ``marketing'' in section 164.501 of title 45, Code of Federal 
        Regulations, shall have no force or effect.
            (2) Treatment of certain communications.--The exception for 
        oral communications in paragraph (2)(i) of the definition of 
        the term ``marketing'' in section 164.501 of title 45, Code of 
        Federal Regulations, as contained in the December 2000 medical 
        privacy rule, shall have no force or effect.
            (3) Authorizations for marketing.--Section 164.508 of title 
        45, Code of Federal Regulations, shall be construed and applied 
        so as to require that, if an authorization is required for a 
        use or disclosure for marketing, the authorization shall be 
        considered invalid unless it--
                    (A) uses the term ``marketing'';
                    (B) states that the purpose of the use or 
                disclosure involved is marketing;
                    (C) describes the specific marketing uses and 
                disclosures authorized, including whether the protected 
                health information involved--
                            (i) may be used for purposes internal to 
                        the covered entity;
                            (ii) may be disclosed to, and used by, a 
                        business associate of the covered entity; and
                            (iii) may be disclosed to, and used by, any 
                        person or entity other than a business 
                        associate of the covered entity; and
                    (D) states that the use or disclosure of protected 
                health information for marketing will directly result 
                in remuneration to the covered entity from a third 
                party, in any case in which a covered entity expects, 
                or reasonably should expect, that such remuneration 
                will occur.
    (c) Public Health.--The modifications made to section 
164.512(b)(1)(iii) of title 45, Code of Federal Regulations, by the 
August 2002 medical privacy rule shall have no force or effect.

SEC. 904. DEFINITIONS; EFFECTIVE DATE.

    (a) In General.--For purposes of this title:
            (1) December 2000 medical privacy rule.--The term 
        ``December 2000 medical privacy rule'' means the final rule on 
        standards for privacy of individually identifiable health 
        information published on December 28, 2000, in the Federal 
        Register (65 Fed. Reg. 82462), including the provisions of 
        title 45, Code of Federal Regulations, revised or added by such 
        rule.
            (2) August 2002 medical privacy rule.--The term ``August 
        2002 medical privacy rule'' means the final rule, published on 
        August 14, 2002, in the Federal Register (67 Fed. Reg. 53182), 
        that modified the December 2000 medical privacy rule.
    (b) Other Terms Defined.--For purposes of this title:
            (1) Business associate; covered entity; health care 
        provider.--The terms ``business associate'', ``covered 
        entity'', and ``health care provider'' shall have the meanings 
        given such terms in section 160.103 of title 45, Code of 
        Federal Regulations, as contained in the December 2000 medical 
        privacy rule.
            (2) Disclosure; individual, protected health information; 
        treatment; use.--The terms ``disclosure'', ``individual'', 
        ``protected health information'', ``treatment'', and ``use'' 
        shall have the meanings given such terms in section 164.501 of 
        title 45, Code of Federal Regulations, as contained in the 
        December 2000 medical privacy rule.
    (c) Effective Date; No Regulations Required.--This title shall take 
effect on the date of the enactment of this Act and does not require 
the issuance of regulations.

                 TITLE X--PROTECTING AMERICANS' PRIVACY

SEC. 1001. USE OF DEPARTMENT OF DEFENSE PERSONNEL OR FUNDS TO COLLECT 
              INTELLIGENCE OR LAW ENFORCEMENT INFORMATION ON UNITED 
              STATES CITIZENS INSIDE THE UNITED STATES.

    (a) Prohibition on Use.--Except as specifically authorized by law, 
no member of the Armed Forces or civilian employee of the Department of 
Defense may participate in the collection of information on United 
States citizens inside the United States for intelligence or law 
enforcement purposes.
    (b) Prohibition on Development of Technologies.--The Department of 
Defense may not carry out research, development, test, or evaluation on 
any technology whose primary purpose is the collection of information 
on United States citizens inside the United States for intelligence or 
law enforcement purposes.
    (c) Prohibition on Use of Funds.--No funds appropriated or 
otherwise made available to the Department of Defense may be obligated 
or expended for an activity prohibited by subsection (a) or (b).

                       TITLE XI--ELECTION REFORM

SEC. 1101. REFORM.

    (a) Help America Vote Act of 2002.--To carry out the Help America 
Vote Act of 2002 (Public Law 107-252)--
            (1) there is authorized to be appropriated and there is 
        appropriated, $3,860,200,000, in the amounts authorized under, 
        and for the fiscal years specified in, that Act (except for the 
        provisions and years specified in paragraph (2)); and
            (2) there are authorized to be appropriated such sums as 
        may be necessary to carry out sections 104(e), 292(a) (for 
        fiscal year 2007 and each subsequent fiscal year), 296 (for 
        fiscal years 2004 through 2009), and 503(2) (for fiscal year 
        2004 and each succeeding fiscal year) of that Act.
    (b) Help America Vote Foundation.--To carry out chapter 1526 of 
part B of subtitle II of title 36, United States Code (as added by the 
Help America Vote Act of 2002)--
            (1) there is authorized to be appropriated and there is 
        appropriated $5,000,000 for fiscal year 2003; and
            (2) there are authorized to be appropriated such sums as 
        may be necessary for each succeeding fiscal year.
                                 <all>