[Congressional Record Volume 147, Number 7 (Monday, January 22, 2001)]
[Senate]
[Pages S225-S249]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE (for himself, Mr. Kennedy, Mr. Lieberman, Mr. 
        Leahy, Mr. Biden, Mr. Feingold, Mr. Schumer, Mr. Durbin, Mr. 
        Akaka, Mrs. Boxer, Mr. Breaux, Mrs. Clinton, Mr. Corzine, Mr. 
        Dayton, Mr. Edwards, Mr. Harkin, Mr. Levin, Ms. Mikulski, Mr. 
        Rockefeller, and Mr. Wyden):
  S. 19. A bill to protect the civil rights of all Americans, and for 
other purposes; to the Committee on the Judiciary.


             protecting civil rights for all americans act

  Mr. DASCHLE. Mr. President, I ask unanimous consent that the text be 
printed in the Record.
  There being no objection the bill was ordered to be printed in the 
Record as follows:

                                 S. 19

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

         TITLE I--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT OF 2001

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

                TITLE II--TRAFFIC STOPS STATISTICS STUDY

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

             TITLE III--SUPPORTING INDIGENT REPRESENTATION

Sec. 301. Findings.
Sec. 302. Authorization of appropriations.

 TITLE IV--GENETIC NONDISCRIMINATION IN HEALTH INSURANCE AND EMPLOYMENT

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

Sec. 401. Amendments to Employee Retirement Income Security Act of 
              1974.
Sec. 402. Amendments to the Public Health Service Act.
Sec. 403. Amendments to Internal Revenue Code of 1986.
Sec. 404. Amendments to title XVIII of the Social Security Act relating 
              to medigap.

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

Sec. 411. Definitions.
Sec. 412. Employer practices.
Sec. 413. Employment agency practices.
Sec. 414. Labor organization practices.
Sec. 415. Training programs.

[[Page S238]]

Sec. 416. Maintenance and disclosure of predictive genetic information.
Sec. 417. Civil action.
Sec. 418. Construction.
Sec. 419. Authorization of appropriations.
Sec. 420. Effective date.

                 TITLE V--EMPLOYMENT NONDISCRIMINATION

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

              TITLE VI--PROMOTING CIVIL RIGHTS ENFORCEMENT

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

         TITLE I--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT OF 2001

     SEC. 101. SHORT TITLE.

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

     SEC. 102. FINDINGS.

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

     SEC. 103. DEFINITION OF HATE CRIME.

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

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

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

     SEC. 105. GRANT PROGRAM.

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

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

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

     SEC. 107. PROHIBITION OF CERTAIN HATE CRIME ACTS.

       (a) In General.--Chapter 13 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 249. Hate crime acts

       ``(a) In General.--

[[Page S239]]

       ``(1) Offenses involving actual or perceived race, color, 
     religion, or national origin.--Whoever, whether or not acting 
     under color of law, willfully causes bodily injury to any 
     person or, through the use of fire, a firearm, or an 
     explosive or incendiary device, attempts to cause bodily 
     injury to any person, because of the actual or perceived 
     race, color, religion, or national origin of any person--
       ``(A) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(B) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--
       ``(i) death results from the offense; or
       ``(ii) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.
       ``(2) Offenses involving actual or perceived religion, 
     national origin, gender, sexual orientation, or disability.--
       ``(A) In general.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subparagraph 
     (B), willfully causes bodily injury to any person or, through 
     the use of fire, a firearm, or an explosive or incendiary 
     device, attempts to cause bodily injury to any person, 
     because of the actual or perceived religion, national origin, 
     gender, sexual orientation, or disability of any person--
       ``(i) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(ii) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--

       ``(I) death results from the offense; or
       ``(II) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.

       ``(B) Circumstances described.--For purposes of 
     subparagraph (A), the circumstances described in this 
     subparagraph are that--
       ``(i) the conduct described in subparagraph (A) occurs 
     during the course of, or as the result of, the travel of the 
     defendant or the victim--

       ``(I) across a State line or national border; or
       ``(II) using a channel, facility, or instrumentality of 
     interstate or foreign commerce;

       ``(ii) the defendant uses a channel, facility, or 
     instrumentality of interstate or foreign commerce in 
     connection with the conduct described in subparagraph (A);
       ``(iii) in connection with the conduct described in 
     subparagraph (A): the defendant employs a firearm, explosive 
     or incendiary device, or other weapon that has traveled in 
     interstate or foreign commerce; or
       ``(iv) the conduct described in subparagraph (A)--

       ``(I) interferes with commercial or other economic activity 
     in which the victim is engaged at the time of the conduct; or
       ``(II) otherwise affects interstate or foreign commerce.

       ``(b) Certification Requirement.--No prosecution of any 
     offense described in this subsection may be undertaken by the 
     United States, except under the certification in writing of 
     the Attorney General, the Deputy Attorney General, the 
     Associate Attorney General, or any Assistant Attorney General 
     specially designated by the Attorney General that--
       ``(1) he or she has reasonable cause to believe that the 
     actual or perceived race, color, religion, national origin, 
     gender, sexual orientation, or disability of any person was a 
     motivating factor underlying the alleged conduct of the 
     defendant; and
       ``(2) he or his designee or she or her designee has 
     consulted with State or local law enforcement officials 
     regarding the prosecution and determined that--
       ``(A) the State does not have jurisdiction or does not 
     intend to exercise jurisdiction;
       ``(B) the State has requested that the Federal Government 
     assume jurisdiction;
       ``(C) the State does not object to the Federal Government 
     assuming jurisdiction; or
       ``(D) the verdict or sentence obtained pursuant to State 
     charges left demonstratively unvindicated the Federal 
     interest in eradicating bias-motivated violence.
       ``(c) Definitions.--In this section--
       ``(1) the term `explosive or incendiary device' has the 
     meaning given the term in section 232 of this title; and
       ``(2) the term `firearm' has the meaning given the term in 
     section 921(a) of this title.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 13 of title 18, United States Code, is amended by 
     adding at the end the following:

``249. Hate crime acts.''.

     SEC. 108. DUTIES OF FEDERAL SENTENCING COMMISSION.

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

     SEC. 109. STATISTICS.

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

     SEC. 110. SEVERABILITY.

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

                TITLE II--TRAFFIC STOPS STATISTICS STUDY

     SEC. 201. SHORT TITLE.

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

     SEC. 202. ATTORNEY GENERAL TO CONDUCT STUDY.

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

     SEC. 203. GRANT PROGRAM.

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

     SEC. 204. LIMITATION ON USE OF DATA.

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

     SEC. 205. DEFINITIONS.

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

     SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

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

             TITLE III--SUPPORTING INDIGENT REPRESENTATION

     SEC. 301. FINDINGS.

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

[[Page S240]]

     for assistance from local Legal Services Corporation programs 
     have been turned away in recent years.
       (5) Congress must adequately fund Legal Services 
     Corporation programs to preserve the strength of the 
     programs.

     SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

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

 TITLE IV--GENETIC NONDISCRIMINATION IN HEALTH INSURANCE AND EMPLOYMENT

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

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

       (a) Prohibition of Health Insurance Discrimination on the 
     Basis of Genetic Services or Predictive Genetic 
     Information.--
       (1) No enrollment restriction for genetic services.--
     Section 702(a)(1)(F) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1182(a)(1)(F)) is amended by 
     inserting before the period ``(or information about a request 
     for or the receipt of genetic services by such individual or 
     family member of such individual)''.
       (2) No discrimination in group rate based on predictive 
     genetic information.--
       (A) In general.--Subpart B of Part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.) is amended by adding at the end the 
     following:

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

       ``A group health plan, and a health insurance issuer 
     offering group health insurance coverage in connection with a 
     group health plan, shall not deny eligibility to a group or 
     adjust premium or contribution rates for a group on the basis 
     of predictive genetic information concerning an individual in 
     the group (or information about a request for or the receipt 
     of genetic services by such individual or family member of 
     such individual).''.
       (B) Conforming amendments.--
       (i) Section 702(b)(2)(A) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1182(b)) is amended to read 
     as follows:
       ``(A) to restrict the amount that an employer may be 
     charged for coverage under a group health plan, except as 
     provided in section 714; or''.
       (ii) Section 732(a) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1191a(a)) is amended by 
     striking ``section 711'' and inserting ``subsections 
     (a)(1)(F), (b) (with respect to cases relating to genetic 
     information or information about a request or receipt of 
     genetic services by an individual or family member of such 
     individual), (c), (d), (e), (f), or (g) of section 702, 
     section 711 and section 714''.
       (b) Limitations on Genetic Testing and on Collection and 
     Disclosure of Predictive Genetic Information.--Section 702 of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1182) is amended by adding at the end the following:
       ``(c) Genetic Testing.--
       ``(1) Limitation on requesting or requiring genetic 
     testing.--A group health plan, or a health insurance issuer 
     offering health insurance coverage in connection with a group 
     health plan, shall not request or require an individual or a 
     family member of such individual to undergo a genetic test.
       ``(2) Rule of construction.--Nothing in this part shall be 
     construed to limit the authority of a health care 
     professional, who is providing treatment with respect to an 
     individual and who is employed by a group health plan or a 
     health insurance issuer, to request that such individual or 
     family member of such individual undergo a genetic test. Such 
     a health care professional shall not require that such 
     individual or family member undergo a genetic test.
       ``(d) Collection of Predictive Genetic Information.--Except 
     as provided in subsections (f) and (g), a group health plan, 
     or a health insurance issuer offering health insurance 
     coverage in connection with a group health plan, shall not 
     request, require, collect, or purchase predictive genetic 
     information concerning an individual (or information about a 
     request for or the receipt of genetic services by such 
     individual or family member of such individual).
       ``(e) Disclosure of Predictive Genetic Information.--A 
     group health plan, or a health insurance issuer offering 
     health insurance coverage in connection with a group health 
     plan, shall not disclose predictive genetic information about 
     an individual (or information about a request for or the 
     receipt of genetic services by such individual or family 
     member of such individual) to--
       ``(1) any entity that is a member of the same controlled 
     group as such issuer or plan sponsor of such group health 
     plan;
       ``(2) any other group health plan or health insurance 
     issuer or any insurance agent, third party administrator, or 
     other person subject to regulation under State insurance 
     laws;
       ``(3) the Medical Information Bureau or any other person 
     that collects, compiles, publishes, or otherwise disseminates 
     insurance information;
       ``(4) the individual's employer or any plan sponsor; or
       ``(5) any other person the Secretary may specify in 
     regulations.
       ``(f) Information for Payment for Genetic Services.--
       ``(1) In general.--With respect to payment for genetic 
     services conducted concerning an individual or the 
     coordination of benefits, a group health plan, or a health 
     insurance issuer offering group health insurance coverage in 
     connection with a group health plan, may request that the 
     individual provide the plan or issuer with evidence that such 
     services were performed.
       ``(2) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to--
       ``(A) permit a group health plan or health insurance issuer 
     to request (or require) the results of the services referred 
     to in such paragraph; or
       ``(B) require that a group health plan or health insurance 
     issuer make payment for services described in such paragraph 
     where the individual involved has refused to provide evidence 
     of the performance of such services pursuant to a request by 
     the plan or issuer in accordance with such paragraph.
       ``(g) Information for Payment of Other Claims.--With 
     respect to the payment of claims for benefits other than 
     genetic services, a group health plan, or a health insurance 
     issuer offering group health insurance coverage in connection 
     with a group health plan, may request that an individual 
     provide predictive genetic information so long as such 
     information--
       ``(1) is used solely for the payment of a claim;
       ``(2) is limited to information that is directly related to 
     and necessary for the payment of such claim and the claim 
     would otherwise be denied but for the predictive genetic 
     information; and
       ``(3) is used only by an individual (or individuals) within 
     such plan or issuer who needs access to such information for 
     purposes of payment of a claim.
       ``(h) Rules of Construction.--
       ``(1) Collection or disclosure authorized by individual.--
     The provisions of subsections (d) (regarding collection) and 
     (e) shall not apply to an individual if the individual (or 
     legal representative of the individual) provides prior, 
     knowing, voluntary, and written authorization for the 
     collection or disclosure of predictive genetic information.
       ``(2) Disclosure for health care treatment.--Nothing in 
     this section shall be construed to limit or restrict the 
     disclosure of predictive genetic information from a health 
     care provider to another health care provider for the purpose 
     of providing health care treatment to the individual 
     involved.
       ``(i) Definitions.--In this section:
       ``(1) Controlled group.--The term `controlled group' means 
     any group treated as a single employer under subsection (b), 
     (c), (m), or (o) of section 414 of the Internal Revenue Code 
     of 1986.
       ``(2) Group health plan, health insurance issuer.--The 
     terms `group health plan' and `health insurance issuer' 
     include a third party administrator or other person acting 
     for or on behalf of such plan or issuer.''.
       (c) Enforcement.--Section 502 (29 U.S.C. 1132) is amended 
     by adding at the end the following:
       ``(n) Violation of Genetic Discrimination or Genetic 
     Disclosure Provisions.--In any action under this section 
     against any administrator of a group health plan, or health 
     insurance issuer offering group health insurance coverage in 
     connection with a group health plan (including any third 
     party administrator or other person acting for or on behalf 
     of such plan or issuer) alleging a violation of subsection 
     (a)(1)(F), (b) (with respect to cases relating to genetic 
     information or information about a request or receipt of 
     genetic services by an individual or family member of such 
     individual), (c), (d), (e), (f), or (g) of section 702, or 
     section 714, the court may award any appropriate legal or 
     equitable relief. Such relief may include a requirement for 
     the payment of attorney's fees and costs, including the costs 
     of expert witnesses.
       ``(o) Civil Penalty.--The monetary provisions of section 
     308(b)(2)(C) of Public Law 101-336 (42 U.S.C. 12188(b)(2)(C)) 
     shall apply for purposes of the Secretary enforcing the 
     provisions referred to in subsection (n), except that any 
     such relief awarded shall be paid only into the general fund 
     of the Treasury.''.
       (d) Preemption.--Section 731 of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1191) is amended--
       (1) in subsection (a)(1), by inserting ``or (e)'' after 
     ``subsection (b)''; and
       (2) by adding at the end the following:
       ``(e) Special Rule in Case of Genetic Information.--With 
     respect to group health insurance coverage offered by a 
     health insurance issuer, the provisions of this part relating 
     to genetic information (including information about a request 
     for or the receipt of genetic services by an individual or a 
     family member of such individual) shall not be construed to 
     supersede any provision of State law which establishes, 
     implements, or continues in effect a standard, requirement, 
     or remedy that more completely--
       ``(1) protects the confidentiality of genetic information 
     (including information about a request for or the receipt of 
     genetic services by an individual or a family member of such 
     individual) or the privacy of an individual or a family 
     member of the individual with respect to genetic information 
     (including information about a request for or the receipt

[[Page S241]]

     of genetic services by an individual or a family member of 
     such individual) than does this part; or
       ``(2) prohibits discrimination on the basis of genetic 
     information than does this part.''.
       (e) Definitions.--Section 733(d) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1191b(d)) is amended 
     by adding at the end the following:
       ``(5) Family member.--The term `family member' means with 
     respect to an individual--
       ``(A) the spouse of the individual;
       ``(B) a dependent child of the individual, including a 
     child who is born to or placed for adoption with the 
     individual; or
       ``(C) any other individuals related by blood to the 
     individual or to the spouse or child described in 
     subparagraph (A) or (B).
       ``(6) Genetic information.--The term `genetic information' 
     means information about genes, gene products, or inherited 
     characteristics that may derive from an individual or a 
     family member of such individual (including information about 
     a request for or the receipt of genetic services by such 
     individual or family member of such individual).
       ``(7) Genetic services.--The term `genetic services' means 
     health services, including genetic tests, provided to obtain, 
     assess, or interpret genetic information for diagnostic and 
     therapeutic purposes, and for genetic education and 
     counseling.
       ``(8) Genetic test.--The term `genetic test' means the 
     analysis of human DNA, RNA, chromosomes, proteins, and 
     certain metabolites in order to detect genotypes, mutations, 
     or chromosomal changes.
       ``(9) Predictive genetic information.--
       ``(A) In general.--The term `predictive genetic 
     information' means--
       ``(i) information about an individual's genetic tests;
       ``(ii) information about genetic tests of family members of 
     the individual; or
       ``(iii) information about the occurrence of a disease or 
     disorder in family members.
       ``(B) Limitations.--The term `predictive genetic 
     information' shall not include--
       ``(i) information about the sex or age of the individual;
       ``(ii) information about chemical, blood, or urine analyses 
     of the individual, unless these analyses are genetic tests; 
     or
       ``(iii) information about physical exams of the individual, 
     and other information relevant to determining the current 
     health status of the individual.''.
       (f) Amendment Concerning Supplemental Excepted Benefits.--
     Section 732(c)(3) of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1191a(c)(3)) is amended by inserting 
     ``, other than the requirements of subsections (a)(1)(F), (b) 
     (in cases relating to genetic information or information 
     about a request for or the receipt of genetic services by an 
     individual or a family member of such individual), (c), (d), 
     (e), (f) and (g) of section 702 and section 714,'' after 
     ``The requirements of this part''.
       (g) Effective Date.--
       (1) In general.--Except as provided in this section, this 
     section and the amendments made by this section shall apply 
     with respect to group health plans for plan years beginning 
     after October 1, 2002.
       (2) Special rule for collective bargaining agreements.--In 
     the case of a group health plan maintained pursuant to one or 
     more collective bargaining agreements between employee 
     representatives and one or more employers ratified before the 
     date of the enactment of this Act, this section and the 
     amendments made by this section shall not apply to plan years 
     beginning before the later of--
       (A) the date on which the last of the collective bargaining 
     agreements relating to the plan terminates (determined 
     without regard to any extension thereof agreed to after the 
     date of the enactment of this Act), or
       (B) October 1, 2002.

     For purposes of subparagraph (A), any plan amendment made 
     pursuant to a collective bargaining agreement relating to the 
     plan which amends the plan solely to conform to any 
     requirement of the amendments made by this section shall not 
     be treated as a termination of such collective bargaining 
     agreement.

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

       (a) Amendments Relating to the Group Market.--
       (1) Prohibition of health insurance discrimination on the 
     basis of predictive genetic information or genetic 
     services.--
       (A) No enrollment restriction for genetic services.--
     Section 2702(a)(1)(F) of the Public Health Service Act (42 
     U.S.C. 300gg-1(a)(1)(F)) is amended by inserting before the 
     period the following: ``(or information about a request for 
     or the receipt of genetic services by an individual or a 
     family member of such individual)''.
       (B) No discrimination in group rate based on predictive 
     genetic information.--
       (i) In general.--Subpart 2 of part A of title XXVII of the 
     Public Health Service (42 U.S.C. 300gg-4 et seq.) is amended 
     by adding at the end the following:

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

       ``A group health plan, and a health insurance issuer 
     offering group health insurance coverage in connection with a 
     group health plan, shall not deny eligibility to a group or 
     adjust premium or contribution rates for a group on the basis 
     of predictive genetic information concerning an individual in 
     the group (or information about a request for or the receipt 
     of genetic services by such individual or family member of 
     such individual).''.
       (ii) Conforming amendments.--

       (I) Section 2702(b)(2)(A) of the Public Health Service Act 
     (42 U.S.C. 300gg-1(b)(2)(A)) is amended to read as follows:

       ``(A) to restrict the amount that an employer may be 
     charged for coverage under a group health plan, except as 
     provided in section 2707; or''.

       (II) Section 2721(a) of the Public Health Service Act (42 
     U.S.C. 300gg-21(a)) is amended by inserting ``(other than 
     subsections (a)(1)(F), (b) (with respect to cases relating to 
     genetic information or information about a request or receipt 
     of genetic services by an individual or family member of such 
     individual), (c), (d), (e), (f), or (g) of section 2702 and 
     section 2707)'' after ``subparts 1 and 3''.

       (2) Limitations on genetic testing and on collection and 
     disclosure of predictive genetic information.--Section 2702 
     of the Public Health Service Act (42 U.S.C. 300gg-1) is 
     amended by adding at the end the following:
       ``(c) Genetic Testing.--
       ``(1) Limitation on requesting or requiring genetic 
     testing.--A group health plan, or a health insurance issuer 
     offering health insurance coverage in connection with a group 
     health plan, shall not request or require an individual or a 
     family member of such individual to undergo a genetic test.
       ``(2) Rule of construction.--Nothing in this title shall be 
     construed to limit the authority of a health care 
     professional, who is providing treatment with respect to an 
     individual and who is employed by a group health plan or a 
     health insurance issuer, to request that such individual or 
     family member of such individual undergo a genetic test. Such 
     a health care professional shall not require that such 
     individual or family member undergo a genetic test.
       ``(d) Collection of Predictive Genetic Information.--Except 
     as provided in subsections (f) and (g), a group health plan, 
     or a health insurance issuer offering health insurance 
     coverage in connection with a group health plan, shall not 
     request, require, collect, or purchase predictive genetic 
     information concerning an individual (or information about a 
     request for or the receipt of genetic services by such 
     individual or family member of such individual).
       ``(e) Disclosure of Predictive Genetic Information.--A 
     group health plan, or a health insurance issuer offering 
     health insurance coverage in connection with a group health 
     plan, shall not disclose predictive genetic information about 
     an individual (or information about a request for or the 
     receipt of genetic services by such individual or family 
     member of such individual) to--
       ``(1) any entity that is a member of the same controlled 
     group as such issuer or plan sponsor of such group health 
     plan;
       ``(2) any other group health plan or health insurance 
     issuer or any insurance agent, third party administrator, or 
     other person subject to regulation under State insurance 
     laws;
       ``(3) the Medical Information Bureau or any other person 
     that collects, compiles, publishes, or otherwise disseminates 
     insurance information;
       ``(4) the individual's employer or any plan sponsor; or
       ``(5) any other person the Secretary may specify in 
     regulations.
       ``(f) Information for Payment for Genetic Services.--
       ``(1) In general.--With respect to payment for genetic 
     services conducted concerning an individual or the 
     coordination of benefits, a group health plan, or a health 
     insurance issuer offering group health insurance coverage in 
     connection with a group health plan, may request that the 
     individual provide the plan or issuer with evidence that such 
     services were performed.
       ``(2) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to--
       ``(A) permit a group health plan or health insurance issuer 
     to request (or require) the results of the services referred 
     to in such paragraph; or
       ``(B) require that a group health plan or health insurance 
     issuer make payment for services described in such paragraph 
     where the individual involved has refused to provide evidence 
     of the performance of such services pursuant to a request by 
     the plan or issuer in accordance with such paragraph.
       ``(g) Information for Payment of Other Claims.--With 
     respect to the payment of claims for benefits other than 
     genetic services, a group health plan, or a health insurance 
     issuer offering group health insurance coverage in connection 
     with a group health plan, may request that an individual 
     provide predictive genetic information so long as such 
     information--
       ``(1) is used solely for the payment of a claim;
       ``(2) is limited to information that is directly related to 
     and necessary for the payment of such claim and the claim 
     would otherwise be denied but for the predictive genetic 
     information; and
       ``(3) is used only by an individual (or individuals) within 
     such plan or issuer who needs access to such information for 
     purposes of payment of a claim.
       ``(h) Rules of Construction.--
       ``(1) Collection or disclosure authorized by individual.--
     The provisions of subsections (d) (regarding collection) and 
     (e)

[[Page S242]]

     shall not apply to an individual if the individual (or legal 
     representative of the individual) provides prior, knowing, 
     voluntary, and written authorization for the collection or 
     disclosure of predictive genetic information.
       ``(2) Disclosure for health care treatment.--Nothing in 
     this section shall be construed to limit or restrict the 
     disclosure of predictive genetic information from a health 
     care provider to another health care provider for the purpose 
     of providing health care treatment to the individual 
     involved.
       ``(i) Definitions.--In this section:
       ``(1) Controlled group.--The term `controlled group' means 
     any group treated as a single employer under subsection (b), 
     (c), (m), or (o) of section 414 of the Internal Revenue Code 
     of 1986.
       ``(2) Group health plan, health insurance issuer.--The 
     terms `group health plan' and `health insurance issuer' 
     include a third party administrator or other person acting 
     for or on behalf of such plan or issuer.''.
       (3) Definitions.--Section 2791(d) of the Public Health 
     Service Act (42 U.S.C. 300gg-91(d)) is amended by adding at 
     the end the following new paragraphs:
       ``(15) Family member.--The term `family member' means with 
     respect to an individual--
       ``(A) the spouse of the individual;
       ``(B) a dependent child of the individual, including a 
     child who is born to or placed for adoption with the 
     individual; and
       ``(C) all other individuals related by blood to the 
     individual or the spouse or child described in subparagraph 
     (A) or (B).
       ``(16) Genetic information.--The term `genetic information' 
     means information about genes, gene products, or inherited 
     characteristics that may derive from an individual or a 
     family member of such individual (including information about 
     a request for or the receipt of genetic services by such 
     individual or family member of such individual).
       ``(17) Genetic services.--The term `genetic services' means 
     health services, including genetic tests, provided to obtain, 
     assess, or interpret genetic information for diagnostic and 
     therapeutic purposes, and for genetic education and 
     counselling.
       ``(18) Genetic test.--The term `genetic test' means the 
     analysis of human DNA, RNA, chromosomes, proteins, and 
     certain metabolites in order to detect genotypes, mutations, 
     or chromosomal changes.
       ``(19) Predictive genetic information.--
       ``(A) In general.--The term `predictive genetic 
     information' means--
       ``(i) information about an individual's genetic tests;
       ``(ii) information about genetic tests of family members of 
     the individual; or
       ``(iii) information about the occurrence of a disease or 
     disorder in family members.
       ``(B) Limitations.--The term `predictive genetic 
     information' shall not include--
       ``(i) information about the sex or age of the individual;
       ``(ii) information about chemical, blood, or urine analyses 
     of the individual, unless these analyses are genetic tests; 
     or
       ``(iii) information about physical exams of the individual, 
     and other information relevant to determining the current 
     health status of the individual.''.
       (b) Amendment Relating to the Individual Market.--The first 
     subpart 3 of part B of title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg-51 et seq.) is amended--
       (1) by redesignating such subpart as subpart 2; and
       (2) by adding at the end the following:

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

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

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

       ``(a) Genetic Testing.--
       ``(1) Limitation on requesting or requiring genetic 
     testing.--A health insurance issuer offering health insurance 
     coverage in the individual market shall not request or 
     require an individual or a family member of such individual 
     to undergo a genetic test.
       ``(2) Rule of construction.--Nothing in this title shall be 
     construed to limit the authority of a health care 
     professional, who is providing treatment with respect to an 
     individual and who is employed by a group health plan or a 
     health insurance issuer, to request that such individual or 
     family member of such individual undergo a genetic test. Such 
     a health care professional shall not require that such 
     individual or family member undergo a genetic test.
       ``(b) Collection of Predictive Genetic Information.--Except 
     as provided in subsections (d) and (e), a health insurance 
     issuer offering health insurance coverage in the individual 
     market shall not request, require, collect, or purchase 
     predictive genetic information concerning an individual (or 
     information about a request for or the receipt of genetic 
     services by such individual or family member of such 
     individual).
       ``(c) Disclosure of Predictive Genetic Information.--A 
     health insurance issuer offering health insurance coverage in 
     the individual market shall not disclose predictive genetic 
     information about an individual (or information about a 
     request for or the receipt of genetic services by such 
     individual or family member of such individual) to--
       ``(1) any entity that is a member of the same controlled 
     group as such issuer or plan sponsor of such group health 
     plan;
       ``(2) any other group health plan or health insurance 
     issuer or any insurance agent, third party administrator, or 
     other person subject to regulation under State insurance 
     laws;
       ``(3) the Medical Information Bureau or any other person 
     that collects, compiles, publishes, or otherwise disseminates 
     insurance information;
       ``(4) the individual's employer or any plan sponsor; or
       ``(5) any other person the Secretary may specify in 
     regulations.
       ``(d) Information for Payment for Genetic Services.--
       ``(1) In general.--With respect to payment for genetic 
     services conducted concerning an individual or the 
     coordination of benefits, a health insurance issuer offering 
     health insurance coverage in the individual market may 
     request that the individual provide the plan or issuer with 
     evidence that such services were performed.
       ``(2) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to--
       ``(A) permit a health insurance issuer to request (or 
     require) the results of the services referred to in such 
     paragraph; or
       ``(B) require that a health insurance issuer make payment 
     for services described in such paragraph where the individual 
     involved has refused to provide evidence of the performance 
     of such services pursuant to a request by the plan or issuer 
     in accordance with such paragraph.
       ``(e) Information for Payment of Other Claims.--With 
     respect to the payment of claims for benefits other than 
     genetic services, a health insurance issuer offering health 
     insurance coverage in the individual market may request that 
     an individual provide predictive genetic information so long 
     as such information--
       ``(1) is used solely for the payment of a claim;
       ``(2) is limited to information that is directly related to 
     and necessary for the payment of such claim and the claim 
     would otherwise be denied but for the predictive genetic 
     information; and
       ``(3) is used only by an individual (or individuals) within 
     such plan or issuer who needs access to such information for 
     purposes of payment of a claim.
       ``(f) Rules of Construction.--
       ``(1) Collection or disclosure authorized by individual.--
     The provisions of subsections (c) (regarding collection) and 
     (d) shall not apply to an individual if the individual (or 
     legal representative of the individual) provides prior, 
     knowing, voluntary, and written authorization for the 
     collection or disclosure of predictive genetic information.
       ``(2) Disclosure for health care treatment.--Nothing in 
     this section shall be construed to limit or restrict the 
     disclosure of predictive genetic information from a health 
     care provider to another health care provider for the purpose 
     of providing health care treatment to the individual 
     involved.
       ``(g) Definitions.--In this section:
       ``(1) Controlled group.--The term `controlled group' means 
     any group treated as a single employer under subsection (b), 
     (c), (m), or (o) of section 414 of the Internal Revenue Code 
     of 1986.
       ``(2) Group health plan, health insurance issuer.--The 
     terms `group health plan' and `health insurance issuer' 
     include a third party administrator or other person acting 
     for or on behalf of such plan or issuer.''.
       (c) Enforcement.--
       (1) Group plans.--Section 2722 of the Public Health Service 
     Act (42 U.S.C. 300gg-22) is amended by adding at the end the 
     following:
       ``(c) Violation of Genetic Discrimination or Genetic 
     Disclosure Provisions.--In any action under this section 
     against any administrator of a group health plan, or health 
     insurance issuer offering group health insurance coverage in 
     connection with a group health plan (including any third 
     party administrator or other person acting for or on behalf 
     of such plan or issuer) alleging a violation of subsections 
     (a)(1)(F), (b) (with respect to cases relating to genetic 
     information or information about a request or receipt of 
     genetic services by an individual or family member of such 
     individual), (c), (d), (e), (f), or (g) of section 2702 and 
     section 2707 the court may award any appropriate legal or 
     equitable relief. Such relief may include a requirement for 
     the payment of attorney's fees and costs, including the costs 
     of expert witnesses.
       ``(d) Civil Penalty.--The monetary provisions of section 
     308(b)(2)(C) of Public Law 101-336 (42 U.S.C. 12188(b)(2)(C)) 
     shall apply for purposes of the Secretary enforcing the 
     provisions referred to in subsection (c), except that any 
     such relief awarded shall be

[[Page S243]]

     paid only into the general fund of the Treasury.''.
       (2) Individual plans.--Section 2761 of the Public Health 
     Service Act (42 U.S.C. 300gg-45) is amended by adding at the 
     end the following:
       ``(c) Violation of Genetic Discrimination or Genetic 
     Disclosure Provisions.--In any action under this section 
     against any health insurance issuer offering health insurance 
     coverage in the individual market (including any other person 
     acting for or on behalf of such issuer) alleging a violation 
     of sections 2753 and 2754 the court in which the action is 
     commenced may award any appropriate legal or equitable 
     relief. Such relief may include a requirement for the payment 
     of attorney's fees and costs, including the costs of expert 
     witnesses.
       ``(d) Civil Penalty.--The monetary provisions of section 
     308(b)(2)(C) of Public Law 101-336 (42 U.S.C. 12188(b)(2)(C)) 
     shall apply for purposes of the Secretary enforcing the 
     provisions referred to in subsection (c), except that any 
     such relief awarded shall be paid only into the general fund 
     of the Treasury.''.
       (d) Preemption.--
       (1) Group market.--Section 2723 of the Public Health 
     Service Act (42 U.S.C. 300gg-23) is amended--
       (A) in subsection (a)(1), by inserting ``or (e)'' after 
     ``subsection (b)''; and
       (B) by adding at the end the following:
       ``(e) Special Rule in Case of Genetic Information.--With 
     respect to group health insurance coverage offered by a 
     health insurance issuer, the provisions of this part relating 
     to genetic information (including information about a request 
     for or the receipt of genetic services by an individual or a 
     family member of such individual) shall not be construed to 
     supersede any provision of State law which establishes, 
     implements, or continues in effect a standard, requirement, 
     or remedy that more completely--
       ``(1) protects the confidentiality of genetic information 
     (including information about a request for or the receipt of 
     genetic services by an individual or a family member of such 
     individual) or the privacy of an individual or a family 
     member of the individual with respect to genetic information 
     (including information about a request for or the receipt of 
     genetic services by an individual or a family member of such 
     individual); or
       ``(2) prohibits discrimination on the basis of genetic 
     information than does this part.''.
       (2) Individual market.--Section 2762 of the Public Health 
     Service Act (42 U.S.C. 300gg-46) is amended--
       (A) in subsection (a), by inserting ``and except as 
     provided in subsection (c),'' after ``Subject to subsection 
     (b),''; and
       (B) by adding at the end the following:
       ``(c) Special Rule in Case of Genetic Information.--With 
     respect to individual health insurance coverage offered by a 
     health insurance issuer, the provisions of this part (or part 
     C insofar as it applies to this part) relating to genetic 
     information (including information about a request for or the 
     receipt of genetic services by an individual or a family 
     member of such individual) shall not be construed to 
     supersede any provision of State law (as defined in section 
     2723(d)) which establishes, implements, or continues in 
     effect a standard, requirement, or remedy that more 
     completely--
       ``(1) protects the confidentiality of genetic information 
     (including information about a request for or the receipt of 
     genetic services of an individual or a family member of such 
     individual) or the privacy of an individual or a family 
     member of the individual with respect to genetic information 
     (including information about a request for or the receipt of 
     genetic services by an individual or a family member of such 
     individual) than does this part (or part C insofar as it 
     applies to this part); or
       ``(2) prohibits discrimination on the basis of genetic 
     information than does this part (or part C insofar as it 
     applies to this part).''.
       (e) Elimination of Option of Non-Federal Governmental Plans 
     To Be Excepted From Requirements Concerning Genetic 
     Information.--Section 2721(b)(2) of the Public Health Service 
     Act (42 U.S. C. 300gg-21(b)(2)) is amended--
       (1) in subparagraph (A), by striking ``If the plan 
     sponsor'' and inserting ``Except as provided in subparagraph 
     (D), if the plan sponsor''; and
       (2) by adding at the end the following:
       ``(D) Election not applicable to requirements concerning 
     genetic information.--The election described in subparagraph 
     (A) shall not be available with respect to the provisions of 
     subsections (a)(1)(F), (c), (d), (e), (f), and (g) of section 
     2702 and section 2707, and the provisions of section 2702(b) 
     to the extent that they apply to genetic information (or 
     information about a request for or the receipt of genetic 
     services by an individual or a family member of such 
     individual).''.
       (f) Amendment Concerning Supplemental Excepted Benefits.--
       (1) Group market.--Section 2721(d)(3) of the Public Health 
     Service Act (42 U.S.C. 300gg-23(d)(3)) is amended by 
     inserting ``, other than the requirements of subsections 
     (a)(1)(F), (b) (in cases relating to genetic information or 
     information about a request for or the receipt of genetic 
     services by an individual or a family member of such 
     individual)), (c), (d), (e), (f) and (g) of section 2702 and 
     section 2707,'' after ``The requirements of this part''.
       (2) Individual market.--Section 2763(b) of the Public 
     Health Service Act (42 U.S.C. 300gg-47(b)) is amended--
       (A) by striking ``The requirements of this part'' and 
     inserting the following:
       ``(1) In general.--Except as provided in paragraph (2), the 
     requirements of this part''; and
       (B) by adding at the end the following:
       ``(2) Limitation.--The requirements of sections 2753 and 
     2754 shall apply to excepted benefits described in section 
     2791(c)(4).''.
       (g) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply with respect to--
       (A) group health plans, and health insurance coverage 
     offered in connection with group health plans, for plan years 
     beginning; and
       (B) health insurance coverage offered, sold, issued, 
     renewed, in effect, or operated in the individual market, 
     after;
     October 1, 2002.
       (2) Special rule for collective bargaining agreements.--In 
     the case of a group health plan maintained pursuant to one or 
     more collective bargaining agreements between employee 
     representatives and one or more employers ratified before the 
     date of the enactment of this Act, the amendments made by 
     this section shall not apply to plan years beginning before 
     the later of--
       (A) the date on which the last of the collective bargaining 
     agreements relating to the plan terminates (determined 
     without regard to any extension thereof agreed to after the 
     date of the enactment of this Act); or
       (B) October 1, 2002.
     For purposes of subparagraph (A), any plan amendment made 
     pursuant to a collective bargaining agreement relating to the 
     plan which amends the plan solely to conform to any 
     requirement of the amendments made by this section shall not 
     be treated as a termination of such collective bargaining 
     agreement.

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

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

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

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

``Sec. 9813. Prohibiting discrimination against groups on the basis of 
              predictive genetic information.''.
       (b) Limitations on Genetic Testing and on Collection and 
     Disclosure of Predictive Genetic Information.--Section 9802 
     of the Internal Revenue Code of 1986 (relating to prohibiting 
     discrimination against individual participants and 
     beneficiaries based on health status) is amended by adding at 
     the end the following new subsections:
       ``(d) Genetic Testing.--
       ``(1) Limitation on requesting or requiring genetic 
     testing.--A group health plan shall not request or require an 
     individual or a family member of such individual to undergo a 
     genetic test.
       ``(2) Rule of construction.--Nothing in this chapter shall 
     be construed to limit the authority of a health care 
     professional, who is providing treatment with respect to an 
     individual and who is employed by a group health plan, to 
     request that such individual or family member of such 
     individual undergo a genetic test. Such a health care 
     professional shall not require that such individual or family 
     member undergo a genetic test.
       ``(e) Collection of Predictive Genetic Information.--Except 
     as provided in subsections (g) and (h), a group health plan 
     shall not request, require, collect, or purchase predictive 
     genetic information concerning an individual (or information 
     about a request for or the receipt of genetic services by 
     such individual or family member of such individual).

[[Page S244]]

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

     SEC. 404. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SECURITY 
                   ACT RELATING TO MEDIGAP.

       (a) Nondiscrimination.--
       (1) In general.--Section 1882(s)(2) of the Social Security 
     Act (42 U.S.C. 1395ss(s)(2)) is amended by adding at the end 
     the following:
       ``(E)(i) An issuer of a medicare supplemental policy shall 
     not deny or condition the issuance or effectiveness of the 
     policy, and shall not discriminate in the pricing of the 
     policy (including the adjustment of premium rates) of an 
     eligible individual on the basis of predictive genetic 
     information concerning the individual (or information about a 
     request for, or the receipt of, genetic services by such 
     individual or family member of such individual).
       ``(ii) For purposes of clause (i), the terms `family 
     member', `genetic services', and `predictive genetic 
     information' shall have the meanings given such terms in 
     subsection (v).''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to a policy for policy years 
     beginning after October 1, 2002.
       (b) Limitations on Genetic Testing and on Collection and 
     Disclosure of Predictive Genetic Information.--
       (1) In general.--Section 1882 of the Social Security Act 
     (42 U.S.C. 1395ss) is amended by adding at the end the 
     following:
       ``(v) Limitations on Genetic Testing and on Collection and 
     Disclosure of Predictive Genetic Information.--
       ``(1) Genetic testing.--
       ``(A) Limitation on requesting or requiring genetic 
     testing.--An issuer of a medicare supplemental policy shall 
     not request or require an individual or a family member of 
     such individual to undergo a genetic test.
       ``(B) Rule of construction.--Nothing in this title shall be 
     construed to limit the authority of a health care 
     professional, who is providing treatment with respect to an 
     individual and who is employed by an issuer of a medicare 
     supplemental policy, to request that such individual or 
     family member of such individual undergo a genetic test. Such 
     a health care professional shall not require that such 
     individual or family member undergo a genetic test.
       ``(2) Collection of predictive genetic information.--Except 
     as provided in paragraphs (4) and (5), an issuer of a 
     medicare supplemental policy shall not request, require, 
     collect, or purchase predictive genetic information 
     concerning an individual (or information about a request for 
     or the receipt of genetic services by such individual or 
     family member of such individual).
       ``(3) Disclosure of predictive genetic information.--An 
     issuer of a medicare supplemental policy shall not disclose 
     predictive genetic information about an individual (or 
     information about a request for or the receipt of genetic 
     services by such individual or family member of such 
     individual) to--

[[Page S245]]

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

       ``(I) information about an individual's genetic tests;
       ``(II) information about genetic tests of family members of 
     the individual; or
       ``(III) information about the occurrence of a disease or 
     disorder in family members.

       ``(ii) Limitations.--The term `predictive genetic 
     information' shall not include--

       ``(I) information about the sex or age of the individual;
       ``(II) information about chemical, blood, or urine analyses 
     of the individual, unless these analyses are genetic tests; 
     or
       ``(III) information about physical exams of the individual, 
     and other information relevant to determining the current 
     health status of the individual.''.

       (2) Conforming amendment.--Section 1882(o) of the Social 
     Security Act (42 U.S.C. 1395ss(o)) is amended by adding at 
     the end the following:
       ``(4) The issuer of the medicare supplemental policy 
     complies with subsection (s)(2)(E) and subsection (v).''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply with respect to an issuer of a medicare 
     supplemental policy for policy years beginning after October 
     1, 2002.
       (c) Transition Provisions.--
       (1) In general.--If the Secretary of Health and Human 
     Services identifies a State as requiring a change to its 
     statutes or regulations to conform its regulatory program to 
     the changes made by this section, the State regulatory 
     program shall not be considered to be out of compliance with 
     the requirements of section 1882 of the Social Security Act 
     due solely to failure to make such change until the date 
     specified in paragraph (4).
       (2) NAIC standards.--If, not later than June 30, 2002, the 
     National Association of Insurance Commissioners (in this 
     subsection referred to as the ``NAIC'') modifies its NAIC 
     Model Regulation relating to section 1882 of the Social 
     Security Act (referred to in such section as the 1991 NAIC 
     Model Regulation, as subsequently modified) to conform to the 
     amendments made by this section, such revised regulation 
     incorporating the modifications shall be considered to be the 
     applicable NAIC model regulation (including the revised NAIC 
     model regulation and the 1991 NAIC Model Regulation) for the 
     purposes of such section.
       (3) Secretary standards.--If the NAIC does not make the 
     modifications described in paragraph (2) within the period 
     specified in such paragraph, the Secretary of Health and 
     Human Services shall, not later than October 1, 2002, make 
     the modifications described in such paragraph and such 
     revised regulation incorporating the modifications shall be 
     considered to be the appropriate regulation for the purposes 
     of such section.
       (4) Date specified.--
       (A) In general.--Subject to subparagraph (B), the date 
     specified in this paragraph for a State is the earlier of--
       (i) the date the State changes its statutes or regulations 
     to conform its regulatory program to the changes made by this 
     section, or
       (ii) October 1, 2002.
       (B) Additional legislative action required.--In the case of 
     a State which the Secretary identifies as--
       (i) requiring State legislation (other than legislation 
     appropriating funds) to conform its regulatory program to the 
     changes made in this section, but
       (ii) having a legislature which is not scheduled to meet in 
     2002 in a legislative session in which such legislation may 
     be considered,
     the date specified in this paragraph is the first day of the 
     first calendar quarter beginning after the close of the first 
     legislative session of the State legislature that begins on 
     or after July 1, 2002. For purposes of the previous sentence, 
     in the case of a State that has a 2-year legislative session, 
     each year of such session shall be deemed to be a separate 
     regular session of the State legislature.

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

     SEC. 411. DEFINITIONS.

       In this subtitle:
       (1) Employee; employer; employment agency; labor 
     organization; member.--The terms ``employee'', ``employer'', 
     ``employment agency'', and ``labor organization'' have the 
     meanings given such terms in section 701 of the Civil Rights 
     Act of 1964 (42 U.S.C. 2000e), except that the terms 
     ``employee'' and ``employer'' shall also include

[[Page S246]]

     the meanings given such terms in section 717 of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e-16). The terms 
     ``employee'' and ``member'' include an applicant for 
     employment and an applicant for membership in a labor 
     organization, respectively.
       (2) Family member.--The term ``family member'' means with 
     respect to an individual--
       (A) the spouse of the individual;
       (B) a dependent child of the individual, including a child 
     who is born to or placed for adoption with the individual; or
       (C) any other individuals related by blood to the 
     individual or to the spouse or child described in 
     subparagraph (A) or (B).
       (3) Genetic monitoring.--The term ``genetic monitoring'' 
     means the periodic examination of employees to evaluate 
     acquired modifications to their genetic material, such as 
     chromosomal damage or evidence of increased occurrence of 
     mutations, that may have developed in the course of 
     employment due to exposure to toxic substances in the 
     workplace, in order to identify, evaluate, and respond to the 
     effects of or control adverse environmental exposures in the 
     workplace.
       (4) Genetic services.--The term ``genetic services'' means 
     health services, including genetic tests, provided to obtain, 
     assess, or interpret genetic information for diagnostic and 
     therapeutic purposes, and for genetic education and 
     counseling.
       (5) Genetic test.--The term ``genetic test'' means the 
     analysis of human DNA, RNA, chromosomes, proteins, and 
     certain metabolites in order to detect genotypes, mutations, 
     or chromosomal changes.
       (6) Predictive genetic information.--
       (A) In general.--The term ``predictive genetic 
     information'' means--
       (i) information about an individual's genetic tests;
       (ii) information about genetic tests of family members of 
     the individual; or
       (iii) information about the occurrence of a disease or 
     disorder in family members.
       (B) Limitations.--The term ``predictive genetic 
     information'' shall not include--
       (i) information about the sex or age of the individual;
       (ii) information about chemical, blood, or urine analyses 
     of the individual, unless these analyses are genetic tests; 
     or
       (iii) information about physical exams of the individual, 
     and other information relevant to determining the current 
     health status of the individual.

     SEC. 412. EMPLOYER PRACTICES.

       (a) In General.--It shall be an unlawful employment 
     practice for an employer--
       (1) to fail or refuse to hire or to discharge any 
     individual, or otherwise to discriminate against any 
     individual with respect to the compensation, terms, 
     conditions, or privileges of employment of the individual, 
     because of predictive genetic information with respect to the 
     individual (or information about a request for or the receipt 
     of genetic services by such individual or family member of 
     such individual;
       (2) to limit, segregate, or classify the employees of the 
     employer in any way that would deprive or tend to deprive any 
     individual of employment opportunities or otherwise adversely 
     affect the status of the individual as an employee, because 
     of predictive genetic information with respect to the 
     individual, or information about a request for or the receipt 
     of genetic services by such individual or family member of 
     such individual; or
       (3) to request, require, collect or purchase predictive 
     genetic information with respect to an individual or a family 
     member of the individual except--
       (A) where used for genetic monitoring of biological effects 
     of toxic substances in the workplace, but only if--
       (i) the employee has provided prior, knowing, voluntary, 
     and written authorization;
       (ii) the employee is informed of individual monitoring 
     results;
       (iii) the monitoring conforms to any genetic monitoring 
     regulations that may be promulgated by the Secretary of Labor 
     pursuant to the Occupational Safety and Health Act of 1970 
     (29 U.S.C. 651 et seq.) or the Federal Mine Safety and Health 
     Act of 1977 (30 U.S.C. 801 et seq.); and
       (iv) the employer, excluding any licensed health care 
     professional that is involved in the genetic monitoring 
     program, receives the results of the monitoring only in 
     aggregate terms that do not disclose the identity of specific 
     employees; or
       (B) where genetic services are offered by the employer and 
     the employee provides prior, knowing, voluntary, and written 
     authorization, and only the employee or family member of such 
     employee receives the results of such services.
       (b) Limitation.--In the case of predictive genetic 
     information to which subparagraph (A) or (B) of subsection 
     (a)(3) applies, such information may not be used in violation 
     of paragraph (1) or (2) of subsection (a).

     SEC. 413. EMPLOYMENT AGENCY PRACTICES.

       It shall be an unlawful employment practice for an 
     employment agency--
       (1) to fail or refuse to refer for employment, or otherwise 
     to discriminate against, any individual because of predictive 
     genetic information with respect to the individual (or 
     information about a request for or the receipt of genetic 
     services by such individual or family member of such 
     individual);
       (2) to limit, segregate, or classify individuals or fail or 
     refuse to refer for employment any individual in any way that 
     would deprive or tend to deprive any individual of employment 
     opportunities or would limit the employment opportunities or 
     otherwise adversely affect the status of the individual as an 
     employee, because of predictive genetic information with 
     respect to the individual (or information about a request for 
     or the receipt of genetic services by such individual or 
     family member of such individual);
       (3) to request, require, collect or purchase predictive 
     genetic information with respect to an individual (or 
     information about a request for or the receipt of genetic 
     services by such individual or family member of such 
     individual); or
       (4) to cause or attempt to cause an employer to 
     discriminate against an individual in violation of this 
     subtitle.

     SEC. 414. LABOR ORGANIZATION PRACTICES.

       It shall be an unlawful employment practice for a labor 
     organization--
       (1) to exclude or to expel from the membership of the 
     organization, or otherwise to discriminate against, any 
     individual because of predictive genetic information with 
     respect to the individual (or information about a request for 
     or the receipt of genetic services by such individual or 
     family member of such individual);
       (2) to limit, segregate, or classify the members of the 
     organization, or fail or refuse to refer for employment any 
     individual, in any way that would deprive or tend to deprive 
     any individual of employment opportunities, or would limit 
     the employment opportunities or otherwise adversely affect 
     the status of the individual as an employee, because of 
     predictive genetic information with respect to the individual 
     (or information about a request for or the receipt of genetic 
     services by such individual or family member of such 
     individual);
       (3) to request, require, collect or purchase predictive 
     genetic information with respect to an individual (or 
     information about a request for or the receipt of genetic 
     services by such individual or family member of such 
     individual); or
       (4) to cause or attempt to cause an employer to 
     discriminate against an individual in violation of this 
     subtitle.

     SEC. 415. TRAINING PROGRAMS.

       It shall be an unlawful employment practice for any 
     employer, labor organization, or joint labor-management 
     committee controlling apprenticeship or other training or 
     retraining, including on-the-job training programs--
       (1) to discriminate against any individual because of 
     predictive genetic information with respect to the individual 
     (or information about a request for or the receipt of genetic 
     services by such individual), in admission to, or employment 
     in, any program established to provide apprenticeship or 
     other training or retraining;
       (2) to limit, segregate, or classify the members of the 
     organization, or fail or refuse to refer for employment any 
     individual, in any way that would deprive or tend to deprive 
     any individual of employment opportunities, or would limit 
     the employment opportunities or otherwise adversely affect 
     the status of the individual as an employee, because of 
     predictive genetic information with respect to the individual 
     (or information about a request for or receipt of genetic 
     services by such individual or family member of such 
     individual);
       (3) to request, require, collect or purchase predictive 
     genetic information with respect to an individual (or 
     information about a request for or receipt of genetic 
     services by such individual or family member of such 
     individual); or
       (4) to cause or attempt to cause an employer to 
     discriminate against an individual in violation of this 
     subtitle.

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

       (a) Maintenance of Predictive Genetic Information.--If an 
     employer possesses predictive genetic information about an 
     employee (or information about a request for or receipt of 
     genetic services by such employee or family member of such 
     employee), such information shall be treated or maintained as 
     part of the employee's confidential medical records.
       (b) Disclosure of Predictive Genetic Information.--An 
     employer shall not disclose predictive genetic information 
     (or information about a request for or receipt of genetic 
     services by such employee or family member of such employee) 
     except--
       (1) to the employee who is the subject of the information 
     at the request of the employee;
       (2) to an occupational or other health researcher if the 
     research is conducted in compliance with the regulations and 
     protections provided for under part 46 of title 45, Code of 
     Federal Regulations;
       (3) under legal compulsion of a Federal court order, except 
     that if the court order was secured without the knowledge of 
     the individual to whom the information refers, the employer 
     shall provide the individual with adequate notice to 
     challenge the court order unless the court order also imposes 
     confidentiality requirements; and
       (4) to government officials who are investigating 
     compliance with this Act if the information is relevant to 
     the investigation.

     SEC. 417. CIVIL ACTION.

       (a) In General.--One or more employees, members of a labor 
     organization, or participants in training programs may bring 
     an action in a Federal or State court of competent 
     jurisdiction against an employer, employment agency, labor 
     organization, or joint

[[Page S247]]

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

     SEC. 418. CONSTRUCTION.

       Nothing in this subtitle shall be construed to--
       (1) limit the rights or protections of an individual under 
     the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 
     et seq.), including coverage afforded to individuals under 
     section 102 of such Act;
       (2) limit the rights or protections of an individual under 
     the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
       (3) limit the rights or protections of an individual under 
     any other Federal or State statute that provides equal or 
     greater protection to an individual than the rights accorded 
     under this Act;
       (4) apply to the Armed Forces Repository of Specimen 
     Samples for the Identification of Remains; or
       (5) limit the statutory or regulatory authority of the 
     Occupational Safety and Health Administration or the Mine 
     Safety and Health Administration to promulgate or enforce 
     workplace safety and health laws and regulations.

     SEC. 419. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 420. EFFECTIVE DATE.

       This subtitle shall become effective on October 1, 2002.

                 TITLE V--EMPLOYMENT NONDISCRIMINATION

     SEC. 501. SHORT TITLE.

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

     SEC. 502. PURPOSES.

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

     SEC. 503. DEFINITIONS.

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

     SEC. 504. DISCRIMINATION PROHIBITED.

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

     SEC. 505. RETALIATION AND COERCION PROHIBITED.

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

     SEC. 506. BENEFITS.

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

     SEC. 507. COLLECTION OF STATISTICS PROHIBITED.

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

     SEC. 508. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED.

       (a) Quotas.--A covered entity shall not adopt or implement 
     a quota on the basis of sexual orientation.

[[Page S248]]

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

     SEC. 509. RELIGIOUS EXEMPTION.

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

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

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

     SEC. 511. CONSTRUCTION.

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

     SEC. 512. ENFORCEMENT.

       (a) Enforcement Powers.--With respect to the administration 
     and enforcement of this title in the case of a claim alleged 
     by an individual for a violation of this title--
       (1) the Commission shall have the same powers as the 
     Commission has to administer and enforce--
       (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.); or
       (B) sections 302 and 304 of the Government Employee Rights 
     Act of 1991 (2 U.S.C. 1202 and 1220);
     in the case of a claim alleged by such individual for a 
     violation of such title, or of section 302(a)(1) of the 
     Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)), 
     respectively;
       (2) the Librarian of Congress shall have the same powers as 
     the Librarian of Congress has to administer and enforce title 
     VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 
     in the case of a claim alleged by such individual for a 
     violation of such title;
       (3) the Board (as defined in section 101 of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 1301)) 
     shall have the same powers as the Board has to administer and 
     enforce the Congressional Accountability Act of 1995 (2 
     U.S.C. 1301 et seq.) in the case of a claim alleged by such 
     individual for a violation of section 201(a)(1) of such Act 
     (2 U.S.C. 1311(a)(1));
       (4) the Attorney General shall have the same powers as the 
     Attorney General has to administer and enforce--
       (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.); or
       (B) sections 302 and 304 of the Government Employee Rights 
     Act of 1991 (2 U.S.C. 1202 and 1220);
     in the case of a claim alleged by such individual for a 
     violation of such title, or of section 302(a)(1) of the 
     Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)), 
     respectively;
       (5) the President, the Commission, and the Merit Systems 
     Protection Board shall have the same powers as the President, 
     the Commission, and the Board, respectively, have to 
     administer and enforce chapter 5 of title 3, United States 
     Code, in the case of a claim alleged by such individual for a 
     violation of section 411 of such title;
       (6) a court of the United States shall have the same 
     jurisdiction and powers as the court has to enforce--
       (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.) in the case of a claim alleged by such 
     individual for a violation of such title;
       (B) sections 302 and 304 of the Government Employee Rights 
     Act of 1991 (2 U.S.C. 1202 and 1220) in the case of a claim 
     alleged by such individual for a violation of section 
     302(a)(1) of such Act (2 U.S.C. 1202(a)(1));
       (C) the Congressional Accountability Act of 1995 (2 U.S.C. 
     1301 et seq.) in the case of a claim alleged by such 
     individual for a violation of section 201(a)(1) of such Act 
     (2 U.S.C. 1311(a)(1)); and
       (D) chapter 5 of title 3, United States Code, in the case 
     of a claim alleged by such individual for a violation of 
     section 411 of such title.
       (b) Procedures and Remedies.--The procedures and remedies 
     applicable to a claim alleged by an individual for a 
     violation of this title are--
       (1) the procedures and remedies applicable for a violation 
     of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e 
     et seq.) in the case of a claim alleged by such individual 
     for a violation of such title;
       (2) the procedures and remedies applicable for a violation 
     of section 302(a)(1) of the Government Employee Rights Act of 
     1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by 
     such individual for a violation of such section;
       (3) the procedures and remedies applicable for a violation 
     of section 201(a)(1) of the Congressional Accountability Act 
     of 1995 (2 U.S.C. 1311(a)(1)) in the case of a claim alleged 
     by such individual for a violation of such section; and
       (4) the procedures and remedies applicable for a violation 
     of section 411 of title 3, United States Code, in the case of 
     a claim alleged by such individual for a violation of such 
     section.
       (c) Other Applicable Provisions.--With respect to a claim 
     alleged by a covered employee (as defined in section 101 of 
     the Congressional Accountability Act of 1995 (2 U.S.C. 1301)) 
     for a violation of this title, title III of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall 
     apply in the same manner as such title applies with respect 
     to a claim alleged by such a covered employee for a violation 
     of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).
       (d) Prohibition of Affirmative Action--Notwithstanding any 
     other provision of this section, affirmative action for a 
     violation of this title may not be imposed. Nothing in this 
     section shall prevent the granting of relief to any 
     individual who suffers a violation of such individual's 
     rights provided in this title.

     SEC. 513. STATE AND FEDERAL IMMUNITY.

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

     SEC. 514. ATTORNEYS' FEES.

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

     SEC. 515. POSTING NOTICES.

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

     SEC. 516. REGULATIONS.

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

     SEC. 517. RELATIONSHIP TO OTHER LAWS.

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

     SEC. 518. SEVERABILITY.

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

     SEC. 519. EFFECTIVE DATE.

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

[[Page S249]]

              TITLE VI--PROMOTING CIVIL RIGHTS ENFORCEMENT

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

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

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

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