S.19 - Protecting Civil Rights for all Americans Act107th Congress (2001-2002)
|Sponsor:||Sen. Daschle, Thomas A. [D-SD] (Introduced 01/22/2001)|
|Committees:||Senate - Judiciary|
|Latest Action:||01/22/2001 Read twice and referred to the Committee on the Judiciary. (All Actions)|
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Summary: S.19 — 107th Congress (2001-2002)All Bill Information (Except Text)
Protecting Civil Rights for All Americans Act - Title I: Local Law Enforcement Enhancement Act of 2001 - Local Law Enforcement Enhancement Act of 2001 - Authorizes the Attorney General (AG), at the request of a State law enforcement official or Indian tribe, to provide technical, forensic, prosecutorial, or any other assistance in the criminal investigation or prosecution of any crime that: (1) constitutes a crime of violence under the Federal criminal code; (2) constitutes a felony under the laws of a State or Indian tribe; and (3) is motivated by prejudice based on race, color, religion, national origin, gender, sexual orientation, or disability, or is a violation of the hate crime laws of a State or Indian tribe. Requires assistance priority to be given to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.
Introduced in Senate (01/22/2001)
Authorizes the AG to award grants to assist State, local, or Indian law enforcement officials with the extraordinary expenses associated with the investigation and prosecution of hate crimes. Outlines grant application requirements and requires grant approval or disapproval within 30 days. Limits such grants to no more than $100,000 for any single jurisdiction within a one-year period. Requires a report from the AG to Congress on grant applications awarded. Authorizes appropriations.
(Sec. 105) Directs the Office of Justice Programs of the Department of Justice to award grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations.
(Sec. 106) Authorizes appropriations to the Departments of the Treasury and Justice for FY 2001 through 2003 to increase the number of personnel preventing and responding to alleged violations of hate crime acts.
(Sec. 107) Amends the Federal criminal code to provide criminal penalties for Federal violations of hate crime acts.
(Sec. 108) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who engage in such recruitment.
(Sec. 109) Amends the Hate Crimes Statistics Act to require the AG to acquire and maintain statistics on gender-related hate crimes.
Title II: Traffic Stops Statistics Study Act - Traffic Stops Statistics Study Act of 2001 - Directs the AG to conduct a nationwide study for traffic violations by law enforcement officers.
Requires the Attorney General to: (1) perform an initial analysis of existing data, including complaints alleging and other information concerning traffic stops motivated by race and other bias; (2) gather specified data on traffic stops from a nationwide sample of jurisdictions; and (3) report the results to Congress and make such report available to the public.
(Sec. 203) Authorizes the AG to provide grants to law enforcement agencies to collect and submit the data to the appropriate agency as designated by the AG.
(Sec. 204) Prohibits information released pursuant to this title from revealing the identity of any individual who is stopped or any law enforcement officer involved in a traffic stop.
(Sec. 206) Authorizes appropriations.
Title III: Supporting Indigent Representation - Authorizes appropriations for the Legal Services Corporation.
Title IV: Genetic Nondiscrimination of Health Insurance Discrimination on the Basis of Predictive Genetic Information - Subtitle A: Prohibition of Health Insurance Discrimination on the Basis of Predictive Genetic Information - Amends the Employee Retirement Income Security Act of 1974 (ERISA) (regarding a group health plan, and a health insurance issuer offering group insurance through a group plan) the Public Health Service Act (PHSA) (regarding such a plan or issuer, and with regard to an issuer offering health insurance in the individual market), the Internal Revenue Code (IRC) (regarding a group health plan), and title XVIII (Medicare) of the Social Security Act (SSA) (regarding Medicare supplemental policies) to prohibit, with respect to genetic information: (1) discriminating in individual enrollment; (2) discriminating in group eligibility or group premium or contribution rates; (3) requesting or requiring test performance; and (4) requesting, requiring, collecting, purchasing, or disclosing information, unless authorized by the individual. Allows a plan or issuer: (1) regarding payment for genetic services, to request evidence that the services were performed; and (2) regarding payment for other benefits, to request predictive genetic information in certain circumstances. Allows a court, for violations, to award any appropriate legal or equitable relief, attorney's fees and costs, and expert witness costs. Allows civil monetary penalties. Applies the requirements of this paragraph to plans that have fewer than two participants who are current employees.
Amends ERISA and the PHSA to: (1) declare that the provisions of paragraph above do not preempt any provision of State law that protects genetic information confidentiality or privacy, or prohibits genetic discrimination, more completely than ERISA's and the PHSA's group health plan provisions; and (2) apply the requirements of the paragraph above to Medicare supplemental health insurance and similar supplemental coverage, if provided under a separate policy, certificate, or contract of insurance.
Amends the PHSA to disallow nonfederal governmental group plans from electing to be exempted from the requirements of this title.
Subtitle B: Prohibition of Employment Discrimination on the Basis of Predictive Genetic Information - Makes it an unlawful employment practice for an employer, employment agency, labor organization, or training program to discriminate because of predictive genetic information, including making it unlawful to request, require, collect, or purchase such information.
Allows an employer to request, require, collect, or purchase such information: (1) where used for genetic monitoring of biological effects of workplace toxic substances; or (2) with consent of the employee, if results are received only by the employee (or the employee's family).
(Sec. 416) Requires employers possessing such information to treat and maintain the information as part of the employee's confidential medical records. Prohibits disclosure, subject to exception.
(Sec. 417) Empowers one or more employees, labor organization members, or training participants to bring an action in Federal or State court for violations. Applies to the Equal Employment Opportunity Commission (EEOC), for enforcement of this title, the powers, remedies, and procedures under specified provisions of the Civil Rights Act of 1964. Allows a court to award any appropriate legal or equitable relief, attorney's fees and costs, and costs of experts.
(Sec. 419) Authorizes appropriations to carry out this subtitle.
Title V: Employment Nondiscrimination - Employment Non-Discrimination Act of 2001 - Prohibits employment discrimination on the basis of sexual orientation by covered entities. Declares that a disparate impact does not establish a prima facie violation of this Act. Prohibits related retaliation and coercion.
Declares that this Act does not apply to the provision of employee benefits for the benefit of an employee's domestic partner. Prohibits the Equal Employment Opportunity Commission from: (1) collecting statistics on sexual orientation from covered entities; and (2) compelling covered entities to collect such statistics. Prohibits: (1) quotas and preferential treatment; and (2) an order or consent decree for a violation of this Act that includes a quota or preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except regarding employment in a position the duties of which pertain solely to activities of the organization that generate unrelated business income subject to taxation under specified Internal Revenue Code provisions); (2) the relationship between the United States and members of the armed forces; or (3) laws creating special rights or preferences for veterans.
Provides for enforcement. Prohibits the imposition of affirmative action for a violation of this Act. Disallows State immunity. Makes the United States or a State liable for all remedies (except punitive damages, with compensatory damages available to the extent specified in certain existing provisions of law) to the same extent as under specified provisions of the Civil Rights Act of 1964. Allows recovery of attorney's fees. Requires posting notices for employees, applicants, and members.
Title VI: Promoting Civil Rights Enforcement - Establishes, in the Department of Justice, a National Task Force on Violence Against Health Care Providers which shall: (1) coordinate the national investigation and prosecution of incidents of violence and other unlawful acts directed against reproductive health care providers; (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.
Authorizes increased FY 2002 (as compared to FY 2001) appropriations to specified Federal offices involved in the enforcement of civil rights.