PUBLIC LAW 110–233—MAY 21, 2008 122 STAT. 881 

Public Law 110–233 

110th Congress 

An Act 

To prohibit discrimination on the basis of genetic information with respect to health 

insurance and employment. 

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 ‘‘Genetic 

Information Nondiscrimination Act of 2008’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—GENETIC NONDISCRIMINATION IN HEALTH INSURANCE 

Sec. 101. Amendments to Employee Retirement Income Security Act of 1974. 

Sec. 102. Amendments to the Public Health Service Act. 

Sec. 103. Amendments to the Internal Revenue Code of 1986. 

Sec. 104. Amendments to title XVIII of the Social Security Act relating to medigap. 

Sec. 105. Privacy and confidentiality. 

Sec. 106. Assuring coordination. 

TITLE II—PROHIBITING EMPLOYMENT DISCRIMINATION ON THE BASIS OF 

GENETIC INFORMATION 

Sec. 201. Definitions. 

Sec. 202. Employer practices. 

Sec. 203. Employment agency practices. 

Sec. 204. Labor organization practices. 

Sec. 205. Training programs. 

Sec. 206. Confidentiality of genetic information. 

Sec. 207. Remedies and enforcement. 

Sec. 208. Disparate impact. 

Sec. 209. Construction. 

Sec. 210. Medical information that is not genetic information. 

Sec. 211. Regulations. 

Sec. 212. Authorization of appropriations. 

Sec. 213. Effective date. 

TITLE III—MISCELLANEOUS PROVISIONS 

Sec. 301. Severability. 

Sec. 302. Child labor protections. 

SEC. 2. FINDINGS. 

Congress makes the following findings: 

(1) Deciphering the sequence of the human genome and 

other advances in genetics open major new opportunities for 

medical progress. New knowledge about the genetic basis of 

illness will allow for earlier detection of illnesses, often before 

symptoms have begun. Genetic testing can allow individuals 

to take steps to reduce the likelihood that they will contract 

42 USC 2000ff 

note. 

Genetic 

Information 

Nondiscrimination 

Act of 2008. 

42 USC 2000ff 

note. 

May 21, 2008 

[H.R. 493] 


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a particular disorder. New knowledge about genetics may allow 

for the development of better therapies that are more effective 

against disease or have fewer side effects than current treatments. These advances give rise to the potential misuse of 

genetic information to discriminate in health insurance and 

employment. 

(2) The early science of genetics became the basis of State 

laws that provided for the sterilization of persons having presumed genetic ‘‘defects’’ such as mental retardation, mental 

disease, epilepsy, blindness, and hearing loss, among other 

conditions. The first sterilization law was enacted in the State 

of Indiana in 1907. By 1981, a majority of States adopted 

sterilization laws to ‘‘correct’’ apparent genetic traits or tendencies. Many of these State laws have since been repealed, 

and many have been modified to include essential constitutional 

requirements of due process and equal protection. However, 

the current explosion in the science of genetics, and the history 

of sterilization laws by the States based on early genetic science, 

compels Congressional action in this area. 

(3) Although genes are facially neutral markers, many 

genetic conditions and disorders are associated with particular 

racial and ethnic groups and gender. Because some genetic 

traits are most prevalent in particular groups, members of 

a particular group may be stigmatized or discriminated against 

as a result of that genetic information. This form of discrimination was evident in the 1970s, which saw the advent of programs to screen and identify carriers of sickle cell anemia, 

a disease which afflicts African-Americans. Once again, State 

legislatures began to enact discriminatory laws in the area, 

and in the early 1970s began mandating genetic screening 

of all African Americans for sickle cell anemia, leading to 

discrimination and unnecessary fear. To alleviate some of this 

stigma, Congress in 1972 passed the National Sickle Cell 

Anemia Control Act, which withholds Federal funding from 

States unless sickle cell testing is voluntary. 

(4) Congress has been informed of examples of genetic 

discrimination in the workplace. These include the use of preemployment genetic screening at Lawrence Berkeley Laboratory, which led to a court decision in favor of the employees 

in that case Norman-Bloodsaw v. Lawrence Berkeley Laboratory (135 F.3d 1260, 1269 (9th Cir. 1998)). Congress clearly 

has a compelling public interest in relieving the fear of discrimination and in prohibiting its actual practice in employment 

and health insurance. 

(5) Federal law addressing genetic discrimination in health 

insurance and employment is incomplete in both the scope 

and depth of its protections. Moreover, while many States have 

enacted some type of genetic non-discrimination law, these 

laws vary widely with respect to their approach, application, 

and level of protection. Congress has collected substantial evidence that the American public and the medical community 

find the existing patchwork of State and Federal laws to be 

confusing and inadequate to protect them from discrimination. 

Therefore Federal legislation establishing a national and uniform basic standard is necessary to fully protect the public 

from discrimination and allay their concerns about the potential 


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for discrimination, thereby allowing individuals to take advantage of genetic testing, technologies, research, and new therapies. 

TITLE I—GENETIC NONDISCRIMINATION IN HEALTH INSURANCE 

SEC. 101. AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. 

(a) NO DISCRIMINATION IN GROUP PREMIUMS BASED ON GENETIC

INFORMATION.—Section 702(b) of the Employee Retirement Income 

Security Act of 1974 (29 U.S.C. 1182(b)) is amended— 

(1) in paragraph (2)(A), by inserting before the semicolon 

the following: ‘‘except as provided in paragraph (3)’’; and 

(2) by adding at the end the following: 

‘‘(3) NO GROUP-BASED DISCRIMINATION ON BASIS OF GENETIC

INFORMATION.— ‘‘(A) IN GENERAL.—For purposes of this section, a group 

health plan, and a health insurance issuer offering group 

health insurance coverage in connection with a group 

health plan, may not adjust premium or contribution 

amounts for the group covered under such plan on the 

basis of genetic information. 

‘‘(B) RULE OF CONSTRUCTION.—Nothing in subparagraph (A) or in paragraphs (1) and (2) of subsection (d) 

shall be construed to limit the ability of a health insurance 

issuer offering health insurance coverage in connection with 

a group health plan to increase the premium for an 

employer based on the manifestation of a disease or disorder of an individual who is enrolled in the plan. In 

such case, the manifestation of a disease or disorder in 

one individual cannot also be used as genetic information 

about other group members and to further increase the 

premium for the employer.’’. 

(b) LIMITATIONS ON GENETIC TESTING; PROHIBITION ON COLLEC- TION OF GENETIC INFORMATION; APPLICATION TO ALL PLANS.—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, and 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.—Paragraph (1) shall not be 

construed to limit the authority of a health care professional 

who is providing health care services to an individual to request 

that such individual undergo a genetic test. 

‘‘(3) RULE OF CONSTRUCTION REGARDING PAYMENT.— 

‘‘(A) IN GENERAL.—Nothing in paragraph (1) shall be 

construed to preclude a group health plan, or a health 

insurance issuer offering health insurance coverage in 

connection with a group health plan, from obtaining and 

using the results of a genetic test in making a determination regarding payment (as such term is defined for the 

purposes of applying the regulations promulgated by the 


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Secretary of Health and Human Services under part C 

of title XI of the Social Security Act and section 264 of 

the Health Insurance Portability and Accountability Act 

of 1996, as may be revised from time to time) consistent 

with subsection (a). 

‘‘(B) LIMITATION.—For purposes of subparagraph (A), 

a group health plan, or a health insurance issuer offering 

health insurance coverage in connection with a group 

health plan, may request only the minimum amount of 

information necessary to accomplish the intended purpose. 

‘‘(4) RESEARCH EXCEPTION.—Notwithstanding paragraph 

(1), a group health plan, or a health insurance issuer offering 

health insurance coverage in connection with a group health 

plan, may request, but not require, that a participant or beneficiary undergo a genetic test if each of the following conditions 

is met: 

‘‘(A) The request is made, in writing, pursuant to 

research that complies with part 46 of title 45, Code of 

Federal Regulations, or equivalent Federal regulations, and 

any applicable State or local law or regulations for the 

protection of human subjects in research. 

‘‘(B) The plan or issuer clearly indicates to each participant or beneficiary, or in the case of a minor child, to 

the legal guardian of such beneficiary, to whom the request 

is made that— 

‘‘(i) compliance with the request is voluntary; and 

‘‘(ii) non-compliance will have no effect on enrollment status or premium or contribution amounts. 

‘‘(C) No genetic information collected or acquired under 

this paragraph shall be used for underwriting purposes. 

‘‘(D) The plan or issuer notifies the Secretary in writing 

that the plan or issuer is conducting activities pursuant 

to the exception provided for under this paragraph, 

including a description of the activities conducted. 

‘‘(E) The plan or issuer complies with such other conditions as the Secretary may by regulation require for activities conducted under this paragraph. 

‘‘(d) PROHIBITION ON COLLECTION OF GENETIC INFORMATION.— 

‘‘(1) IN GENERAL.—A group health plan, and a health insurance issuer offering health insurance coverage in connection 

with a group health plan, shall not request, require, or purchase 

genetic information for underwriting purposes (as defined in 

section 733). 

‘‘(2) PROHIBITION ON COLLECTION OF GENETIC INFORMATION

PRIOR TO ENROLLMENT.—A group health plan, and a health 

insurance issuer offering health insurance coverage in connection with a group health plan, shall not request, require, or 

purchase genetic information with respect to any individual 

prior to such individual’s enrollment under the plan or coverage 

in connection with such enrollment. 

‘‘(3) INCIDENTAL COLLECTION.—If a group health plan, or 

a health insurance issuer offering health insurance coverage 

in connection with a group health plan, obtains genetic information incidental to the requesting, requiring, or purchasing of 

other information concerning any individual, such request, 

requirement, or purchase shall not be considered a violation 

Notification. 


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of paragraph (2) if such request, requirement, or purchase 

is not in violation of paragraph (1). 

‘‘(e) APPLICATION TO ALL PLANS.—The provisions of subsections 

(a)(1)(F), (b)(3), (c), and (d), and subsection (b)(1) and section 701 

with respect to genetic information, shall apply to group health 

plans and health insurance issuers without regard to section 

732(a).’’. 

(c) APPLICATION TO GENETIC INFORMATION OF A FETUS OR

EMBRYO.—Such section is further amended by adding at the end 

the following: 

‘‘(f) GENETIC INFORMATION OF A FETUS OR EMBRYO.—Any reference in this part to genetic information concerning an individual 

or family member of an individual shall— 

‘‘(1) with respect to such an individual or family member 

of an individual who is a pregnant woman, include genetic 

information of any fetus carried by such pregnant woman; 

and 

‘‘(2) with respect to an individual or family member utilizing an assisted reproductive technology, include genetic 

information of any embryo legally held by the individual or 

family member.’’. 

(d) 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) a dependent (as such term is used for purposes 

of section 701(f)(2)) of such individual, and 

‘‘(B) any other individual who is a first-degree, seconddegree, third-degree, or fourth-degree relative of such individual or of an individual described in subparagraph (A). 

‘‘(6) GENETIC INFORMATION.— 

‘‘(A) IN GENERAL.—The term ‘genetic information’ 

means, with respect to any individual, information about— 

‘‘(i) such individual’s genetic tests, 

‘‘(ii) the genetic tests of family members of such 

individual, and 

‘‘(iii) the manifestation of a disease or disorder 

in family members of such individual. 

‘‘(B) INCLUSION OF GENETIC SERVICES AND PARTICIPATION IN GENETIC RESEARCH.—Such term includes, with 

respect to any individual, any request for, or receipt of, 

genetic services, or participation in clinical research which 

includes genetic services, by such individual or any family 

member of such individual. 

‘‘(C) EXCLUSIONS.—The term ‘genetic information’ shall 

not include information about the sex or age of any individual. 

‘‘(7) GENETIC TEST.— 

‘‘(A) IN GENERAL.—The term ‘genetic test’ means an 

analysis of human DNA, RNA, chromosomes, proteins, or 

metabolites, that detects genotypes, mutations, or chromosomal changes. 

‘‘(B) EXCEPTIONS.—The term ‘genetic test’ does not 

mean— 


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‘‘(i) an analysis of proteins or metabolites that 

does not detect genotypes, mutations, or chromosomal 

changes; or 

‘‘(ii) an analysis of proteins or metabolites that 

is directly related to a manifested disease, disorder, 

or pathological condition that could reasonably be 

detected by a health care professional with appropriate 

training and expertise in the field of medicine involved. 

‘‘(8) GENETIC SERVICES.—The term ‘genetic services’ 

means— 

‘‘(A) a genetic test; 

‘‘(B) genetic counseling (including obtaining, interpreting, or assessing genetic information); or 

‘‘(C) genetic education. 

‘‘(9) UNDERWRITING PURPOSES.—The term ‘underwriting 

purposes’ means, with respect to any group health plan, or 

health insurance coverage offered in connection with a group 

health plan— 

‘‘(A) rules for, or determination of, eligibility (including 

enrollment and continued eligibility) for benefits under the 

plan or coverage; 

‘‘(B) the computation of premium or contribution 

amounts under the plan or coverage; 

‘‘(C) the application of any pre-existing condition exclusion under the plan or coverage; and 

‘‘(D) other activities related to the creation, renewal, 

or replacement of a contract of health insurance or health 

benefits.’’. 

(e) ERISA ENFORCEMENT.—Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended— 

(1) in subsection (a)(6), by striking ‘‘(7), or (8)’’ and inserting 

‘‘(7), (8), or (9)’’; 

(2) in subsection (b)(3), by striking ‘‘The Secretary’’ and 

inserting ‘‘Except as provided in subsections (c)(9) and (a)(6) 

(with respect to collecting civil penalties under subsection 

(c)(9)), the Secretary’’; and 

(3) in subsection (c), by redesignating paragraph (9) as 

paragraph (10), and by inserting after paragraph (8) the following new paragraph: 

‘‘(9) SECRETARIAL ENFORCEMENT AUTHORITY RELATING TO

USE OF GENETIC INFORMATION.— 

‘‘(A) GENERAL RULE.—The Secretary may impose a penalty against any plan sponsor of a group health plan, 

or any health insurance issuer offering health insurance 

coverage in connection with the plan, for any failure by 

such sponsor or issuer to meet the requirements of subsection (a)(1)(F), (b)(3), (c), or (d) of section 702 or section 

701 or 702(b)(1) with respect to genetic information, in 

connection with the plan. 

‘‘(B) AMOUNT.— 

‘‘(i) IN GENERAL.—The amount of the penalty imposed by subparagraph (A) shall be $100 for each 

day in the noncompliance period with respect to each 

participant or beneficiary to whom such failure relates. 

‘‘(ii) NONCOMPLIANCE PERIOD.—For purposes of this 

paragraph, the term ‘noncompliance period’ means, 

with respect to any failure, the period— 


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‘‘(I) beginning on the date such failure first 

occurs; and 

‘‘(II) ending on the date the failure is corrected. 

‘‘(C) MINIMUM PENALTIES WHERE FAILURE DISCOV- ERED.—Notwithstanding clauses (i) and (ii) of subparagraph (D): 

‘‘(i) IN GENERAL.—In the case of 1 or more failures 

with respect to a participant or beneficiary— 

‘‘(I) which are not corrected before the date 

on which the plan receives a notice from the Secretary of such violation; and 

‘‘(II) which occurred or continued during the 

period involved; 

the amount of penalty imposed by subparagraph (A) 

by reason of such failures with respect to such participant or beneficiary shall not be less than $2,500. 

‘‘(ii) HIGHER MINIMUM PENALTY WHERE VIOLATIONS

ARE MORE THAN DE MINIMIS.—To the extent violations 

for which any person is liable under this paragraph 

for any year are more than de minimis, clause (i) 

shall be applied by substituting ‘$15,000’ for ‘$2,500’ 

with respect to such person. 

‘‘(D) LIMITATIONS.— 

‘‘(i) PENALTY NOT TO APPLY WHERE FAILURE NOT

DISCOVERED EXERCISING REASONABLE DILIGENCE.—No 

penalty shall be imposed by subparagraph (A) on any 

failure during any period for which it is established 

to the satisfaction of the Secretary that the person 

otherwise liable for such penalty did not know, and 

exercising reasonable diligence would not have known, 

that such failure existed. 

‘‘(ii) PENALTY NOT TO APPLY TO FAILURES CORRECTED WITHIN CERTAIN PERIODS.—No penalty shall 

be imposed by subparagraph (A) on any failure if— 

‘‘(I) such failure was due to reasonable cause 

and not to willful neglect; and 

‘‘(II) such failure is corrected during the 30- 

day period beginning on the first date the person 

otherwise liable for such penalty knew, or exercising reasonable diligence would have known, that 

such failure existed. 

‘‘(iii) OVERALL LIMITATION FOR UNINTENTIONAL

FAILURES.—In the case of failures which are due to 

reasonable cause and not to willful neglect, the penalty 

imposed by subparagraph (A) for failures shall not 

exceed the amount equal to the lesser of— 

‘‘(I) 10 percent of the aggregate amount paid 

or incurred by the plan sponsor (or predecessor 

plan sponsor) during the preceding taxable year 

for group health plans; or 

‘‘(II) $500,000. 

‘‘(E) WAIVER BY SECRETARY.—In the case of a failure 

which is due to reasonable cause and not to willful neglect, 

the Secretary may waive part or all of the penalty imposed 

by subparagraph (A) to the extent that the payment of 

such penalty would be excessive relative to the failure 

involved. 


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‘‘(F) DEFINITIONS.—Terms used in this paragraph 

which are defined in section 733 shall have the meanings 

provided such terms in such section.’’. 

(f) REGULATIONS AND EFFECTIVE DATE.— 

(1) REGULATIONS.—The Secretary of Labor shall issue final 

regulations not later than 12 months after the date of enactment of this Act to carry out the amendments made by this 

section. 

(2) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to group health plans for plan 

years beginning after the date that is 1 year after the date 

of enactment of this Act. 

SEC. 102. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. 

(a) AMENDMENTS RELATING TO THE GROUP MARKET.— 

(1) NO DISCRIMINATION IN GROUP PREMIUMS BASED ON

GENETIC INFORMATION.—Section 2702(b) of the Public Health 

Service Act (42 U.S.C. 300gg–1(b)) is amended— 

(A) in paragraph (2)(A), by inserting before the semicolon the following: ‘‘except as provided in paragraph (3)’’; 

and 

(B) by adding at the end the following: 

‘‘(3) NO GROUP-BASED DISCRIMINATION ON BASIS OF GENETIC

INFORMATION.— 

‘‘(A) IN GENERAL.—For purposes of this section, a group 

health plan, and health insurance issuer offering group 

health insurance coverage in connection with a group 

health plan, may not adjust premium or contribution 

amounts for the group covered under such plan on the 

basis of genetic information. 

‘‘(B) RULE OF CONSTRUCTION.—Nothing in subparagraph (A) or in paragraphs (1) and (2) of subsection (d) 

shall be construed to limit the ability of a health insurance 

issuer offering health insurance coverage in connection with 

a group health plan to increase the premium for an 

employer based on the manifestation of a disease or disorder of an individual who is enrolled in the plan. In 

such case, the manifestation of a disease or disorder in 

one individual cannot also be used as genetic information 

about other group members and to further increase the 

premium for the employer.’’. 

(2) LIMITATIONS ON GENETIC TESTING; PROHIBITION ON

COLLECTION OF GENETIC INFORMATION; APPLICATION TO ALL

PLANS.—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, and 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.—Paragraph (1) shall not be 

construed to limit the authority of a health care professional 

who is providing health care services to an individual to request 

that such individual undergo a genetic test. 

‘‘(3) RULE OF CONSTRUCTION REGARDING PAYMENT.— 

Applicability. 

29 USC 1132 

note. 


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‘‘(A) IN GENERAL.—Nothing in paragraph (1) shall be 

construed to preclude a group health plan, or a health 

insurance issuer offering health insurance coverage in 

connection with a group health plan, from obtaining and 

using the results of a genetic test in making a determination regarding payment (as such term is defined for the 

purposes of applying the regulations promulgated by the 

Secretary under part C of title XI of the Social Security 

Act and section 264 of the Health Insurance Portability 

and Accountability Act of 1996, as may be revised from 

time to time) consistent with subsection (a). 

‘‘(B) LIMITATION.—For purposes of subparagraph (A), 

a group health plan, or a health insurance issuer offering 

health insurance coverage in connection with a group 

health plan, may request only the minimum amount of 

information necessary to accomplish the intended purpose. 

‘‘(4) RESEARCH EXCEPTION.—Notwithstanding paragraph 

(1), a group health plan, or a health insurance issuer offering 

health insurance coverage in connection with a group health 

plan, may request, but not require, that a participant or beneficiary undergo a genetic test if each of the following conditions 

is met: 

‘‘(A) The request is made pursuant to research that 

complies with part 46 of title 45, Code of Federal Regulations, or equivalent Federal regulations, and any applicable 

State or local law or regulations for the protection of human 

subjects in research. 

‘‘(B) The plan or issuer clearly indicates to each participant or beneficiary, or in the case of a minor child, to 

the legal guardian of such beneficiary, to whom the request 

is made that— 

‘‘(i) compliance with the request is voluntary; and 

‘‘(ii) non-compliance will have no effect on enrollment status or premium or contribution amounts. 

‘‘(C) No genetic information collected or acquired under 

this paragraph shall be used for underwriting purposes. 

‘‘(D) The plan or issuer notifies the Secretary in writing 

that the plan or issuer is conducting activities pursuant 

to the exception provided for under this paragraph, 

including a description of the activities conducted. 

‘‘(E) The plan or issuer complies with such other conditions as the Secretary may by regulation require for activities conducted under this paragraph. 

‘‘(d) PROHIBITION ON COLLECTION OF GENETIC INFORMATION.— 

‘‘(1) IN GENERAL.—A group health plan, and a health insurance issuer offering health insurance coverage in connection 

with a group health plan, shall not request, require, or purchase 

genetic information for underwriting purposes (as defined in 

section 2791). 

‘‘(2) PROHIBITION ON COLLECTION OF GENETIC INFORMATION

PRIOR TO ENROLLMENT.—A group health plan, and a health 

insurance issuer offering health insurance coverage in connection with a group health plan, shall not request, require, or 

purchase genetic information with respect to any individual 

prior to such individual’s enrollment under the plan or coverage 

in connection with such enrollment. 

Notification. 


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‘‘(3) INCIDENTAL COLLECTION.—If a group health plan, or 

a health insurance issuer offering health insurance coverage 

in connection with a group health plan, obtains genetic information incidental to the requesting, requiring, or purchasing of 

other information concerning any individual, such request, 

requirement, or purchase shall not be considered a violation 

of paragraph (2) if such request, requirement, or purchase 

is not in violation of paragraph (1). 

‘‘(e) APPLICATION TO ALL PLANS.—The provisions of subsections 

(a)(1)(F), (b)(3), (c) , and (d) and subsection (b)(1) and section 2701 

with respect to genetic information, shall apply to group health 

plans and health insurance issuers without regard to section 

2721(a).’’. 

(3) APPLICATION TO GENETIC INFORMATION OF A FETUS OR

EMBRYO.—Such section is further amended by adding at the 

end the following: 

‘‘(f) GENETIC INFORMATION OF A FETUS OR EMBRYO.—Any reference in this part to genetic information concerning an individual 

or family member of an individual shall— 

‘‘(1) with respect to such an individual or family member 

of an individual who is a pregnant woman, include genetic 

information of any fetus carried by such pregnant woman; 

and 

‘‘(2) with respect to an individual or family member utilizing an assisted reproductive technology, include genetic 

information of any embryo legally held by the individual or 

family member.’’. 

(4) 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: 

‘‘(15) FAMILY MEMBER.—The term ‘family member’ means, 

with respect to any individual— 

‘‘(A) a dependent (as such term is used for purposes 

of section 2701(f)(2)) of such individual; and 

‘‘(B) any other individual who is a first-degree, seconddegree, third-degree, or fourth-degree relative of such individual or of an individual described in subparagraph (A). 

‘‘(16) GENETIC INFORMATION.— 

‘‘(A) IN GENERAL.—The term ‘genetic information’ 

means, with respect to any individual, information about— 

‘‘(i) such individual’s genetic tests, 

‘‘(ii) the genetic tests of family members of such 

individual, and 

‘‘(iii) the manifestation of a disease or disorder 

in family members of such individual. 

‘‘(B) INCLUSION OF GENETIC SERVICES AND PARTICIPATION IN GENETIC RESEARCH.—Such term includes, with 

respect to any individual, any request for, or receipt of, 

genetic services, or participation in clinical research which 

includes genetic services, by such individual or any family 

member of such individual. 

‘‘(C) EXCLUSIONS.—The term ‘genetic information’ shall 

not include information about the sex or age of any individual. 

‘‘(17) GENETIC TEST.— ‘‘(A) IN GENERAL.—The term ‘genetic test’ means an 

analysis of human DNA, RNA, chromosomes, proteins, or 


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metabolites, that detects genotypes, mutations, or chromosomal changes. 

‘‘(B) EXCEPTIONS.—The term ‘genetic test’ does not 

mean— 

‘‘(i) an analysis of proteins or metabolites that 

does not detect genotypes, mutations, or chromosomal 

changes; or 

‘‘(ii) an analysis of proteins or metabolites that 

is directly related to a manifested disease, disorder, 

or pathological condition that could reasonably be 

detected by a health care professional with appropriate 

training and expertise in the field of medicine involved. 

‘‘(18) GENETIC SERVICES.—The term ‘genetic services’ 

means— 

‘‘(A) a genetic test; 

‘‘(B) genetic counseling (including obtaining, interpreting, or assessing genetic information); or 

‘‘(C) genetic education. 

‘‘(19) UNDERWRITING PURPOSES.—The term ‘underwriting 

purposes’ means, with respect to any group health plan, or 

health insurance coverage offered in connection with a group 

health plan— 

‘‘(A) rules for, or determination of, eligibility (including 

enrollment and continued eligibility) for benefits under the 

plan or coverage; 

‘‘(B) the computation of premium or contribution 

amounts under the plan or coverage; 

‘‘(C) the application of any pre-existing condition exclusion under the plan or coverage; and 

‘‘(D) other activities related to the creation, renewal, 

or replacement of a contract of health insurance or health 

benefits.’’. 

(5) REMEDIES AND ENFORCEMENT.—Section 2722(b) of the 

Public Health Service Act (42 U.S.C. 300gg–22(b)) is amended 

by adding at the end the following: 

‘‘(3) ENFORCEMENT AUTHORITY RELATING TO GENETIC

DISCRIMINATION.— 

‘‘(A) GENERAL RULE.—In the cases described in paragraph (1), notwithstanding the provisions of paragraph 

(2)(C), the succeeding subparagraphs of this paragraph 

shall apply with respect to an action under this subsection 

by the Secretary with respect to any failure of a health 

insurance issuer in connection with a group health plan, 

to meet the requirements of subsection (a)(1)(F), (b)(3), 

(c), or (d) of section 2702 or section 2701 or 2702(b)(1) 

with respect to genetic information in connection with the 

plan. 

‘‘(B) AMOUNT.— 

‘‘(i) IN GENERAL.—The amount of the penalty 

imposed under this paragraph shall be $100 for each 

day in the noncompliance period with respect to each 

participant or beneficiary to whom such failure relates. 

‘‘(ii) NONCOMPLIANCE PERIOD.—For purposes of this 

paragraph, the term ‘noncompliance period’ means, 

with respect to any failure, the period— 

‘‘(I) beginning on the date such failure first 

occurs; and 

Penalties. 


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‘‘(II) ending on the date the failure is corrected. 

‘‘(C) MINIMUM PENALTIES WHERE FAILURE DISCOVERED.—Notwithstanding clauses (i) and (ii) of subparagraph (D): 

‘‘(i) IN GENERAL.—In the case of 1 or more failures 

with respect to an individual— 

‘‘(I) which are not corrected before the date 

on which the plan receives a notice from the Secretary of such violation; and 

‘‘(II) which occurred or continued during the 

period involved; 

the amount of penalty imposed by subparagraph (A) 

by reason of such failures with respect to such individual shall not be less than $2,500. 

‘‘(ii) HIGHER MINIMUM PENALTY WHERE VIOLATIONS

ARE MORE THAN DE MINIMIS.—To the extent violations 

for which any person is liable under this paragraph 

for any year are more than de minimis, clause (i) 

shall be applied by substituting ‘$15,000’ for ‘$2,500’ 

with respect to such person. 

‘‘(D) LIMITATIONS.— 

‘‘(i) PENALTY NOT TO APPLY WHERE FAILURE NOT

DISCOVERED EXERCISING REASONABLE DILIGENCE.—No 

penalty shall be imposed by subparagraph (A) on any 

failure during any period for which it is established 

to the satisfaction of the Secretary that the person 

otherwise liable for such penalty did not know, and 

exercising reasonable diligence would not have known, 

that such failure existed. 

‘‘(ii) PENALTY NOT TO APPLY TO FAILURES CORRECTED WITHIN CERTAIN PERIODS.—No penalty shall 

be imposed by subparagraph (A) on any failure if— 

‘‘(I) such failure was due to reasonable cause 

and not to willful neglect; and 

‘‘(II) such failure is corrected during the 30- 

day period beginning on the first date the person 

otherwise liable for such penalty knew, or exercising reasonable diligence would have known, that 

such failure existed. 

‘‘(iii) OVERALL LIMITATION FOR UNINTENTIONAL

FAILURES.—In the case of failures which are due to 

reasonable cause and not to willful neglect, the penalty 

imposed by subparagraph (A) for failures shall not 

exceed the amount equal to the lesser of— 

‘‘(I) 10 percent of the aggregate amount paid 

or incurred by the employer (or predecessor 

employer) during the preceding taxable year for 

group health plans; or 

‘‘(II) $500,000. 

‘‘(E) WAIVER BY SECRETARY.—In the case of a failure 

which is due to reasonable cause and not to willful neglect, 

the Secretary may waive part or all of the penalty imposed 

by subparagraph (A) to the extent that the payment of 

such penalty would be excessive relative to the failure 

involved.’’. 

(b) AMENDMENT RELATING TO THE INDIVIDUAL MARKET.— 


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(1) IN GENERAL.—The first subpart 3 of part B of title 

XXVII of the Public Health Service Act (42 U.S.C. 300gg– 

51 et seq.) (relating to other requirements) is amended— 

(A) by redesignating such subpart as subpart 2; and 

(B) by adding at the end the following: 

‘‘SEC. 2753. PROHIBITION OF HEALTH DISCRIMINATION ON THE BASIS 

OF GENETIC INFORMATION. 

‘‘(a) PROHIBITION ON GENETIC INFORMATION AS A CONDITION

OF ELIGIBILITY.— 

‘‘(1) IN GENERAL.—A health insurance issuer offering health 

insurance coverage in the individual market may not establish 

rules for the eligibility (including continued eligibility) of any 

individual to enroll in individual health insurance coverage 

based on genetic information. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) 

or in paragraphs (1) and (2) of subsection (e) shall be construed 

to preclude a health insurance issuer from establishing rules 

for eligibility for an individual to enroll in individual health 

insurance coverage based on the manifestation of a disease 

or disorder in that individual, or in a family member of such 

individual where such family member is covered under the 

policy that covers such individual. 

‘‘(b) PROHIBITION ON GENETIC INFORMATION IN SETTING PREMIUM RATES.— 

‘‘(1) IN GENERAL.—A health insurance issuer offering health 

insurance coverage in the individual market shall not adjust 

premium or contribution amounts for an individual on the 

basis of genetic information concerning the individual or a 

family member of the individual. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) 

or in paragraphs (1) and (2) of subsection (e) shall be construed 

to preclude a health insurance issuer from adjusting premium 

or contribution amounts for an individual on the basis of a 

manifestation of a disease or disorder in that individual, or 

in a family member of such individual where such family 

member is covered under the policy that covers such individual. 

In such case, the manifestation of a disease or disorder in 

one individual cannot also be used as genetic information about 

other individuals covered under the policy issued to such individual and to further increase premiums or contribution 

amounts. 

‘‘(c) PROHIBITION ON GENETIC INFORMATION AS PREEXISTING

CONDITION.— 

‘‘(1) IN GENERAL.—A health insurance issuer offering health 

insurance coverage in the individual market may not, on the 

basis of genetic information, impose any preexisting condition 

exclusion (as defined in section 2701(b)(1)(A)) with respect to 

such coverage. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) 

or in paragraphs (1) and (2) of subsection (e) shall be construed 

to preclude a health insurance issuer from imposing any preexisting condition exclusion for an individual with respect to 

health insurance coverage on the basis of a manifestation of 

a disease or disorder in that individual. 

‘‘(d) GENETIC TESTING.— 

42 USC 

300gg–53. 


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‘‘(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.—Paragraph (1) shall not be 

construed to limit the authority of a health care professional 

who is providing health care services to an individual to request 

that such individual undergo a genetic test. 

‘‘(3) RULE OF CONSTRUCTION REGARDING PAYMENT.— ‘‘(A) IN GENERAL.—Nothing in paragraph (1) shall be 

construed to preclude a health insurance issuer offering 

health insurance coverage in the individual market from 

obtaining and using the results of a genetic test in making 

a determination regarding payment (as such term is defined 

for the purposes of applying the regulations promulgated 

by the Secretary under part C of title XI of the Social 

Security Act and section 264 of the Health Insurance Portability and Accountability Act of 1996, as may be revised 

from time to time) consistent with subsection (a) and (c). 

‘‘(B) LIMITATION.—For purposes of subparagraph (A), 

a health insurance issuer offering health insurance coverage in the individual market may request only the minimum amount of information necessary to accomplish the 

intended purpose. 

‘‘(4) RESEARCH EXCEPTION.—Notwithstanding paragraph 

(1), a health insurance issuer offering health insurance coverage 

in the individual market may request, but not require, that 

an individual or a family member of such individual undergo 

a genetic test if each of the following conditions is met: 

‘‘(A) The request is made pursuant to research that 

complies with part 46 of title 45, Code of Federal Regulations, or equivalent Federal regulations, and any applicable 

State or local law or regulations for the protection of human 

subjects in research. 

‘‘(B) The issuer clearly indicates to each individual, 

or in the case of a minor child, to the legal guardian 

of such child, to whom the request is made that— 

‘‘(i) compliance with the request is voluntary; and 

‘‘(ii) non-compliance will have no effect on enrollment status or premium or contribution amounts. 

‘‘(C) No genetic information collected or acquired under 

this paragraph shall be used for underwriting purposes. 

‘‘(D) The issuer notifies the Secretary in writing that 

the issuer is conducting activities pursuant to the exception 

provided for under this paragraph, including a description 

of the activities conducted. 

‘‘(E) The issuer complies with such other conditions 

as the Secretary may by regulation require for activities 

conducted under this paragraph. 

‘‘(e) PROHIBITION ON COLLECTION OF GENETIC INFORMATION.— ‘‘(1) IN GENERAL.—A health insurance issuer offering health 

insurance coverage in the individual market shall not request, 

require, or purchase genetic information for underwriting purposes (as defined in section 2791). 

‘‘(2) PROHIBITION ON COLLECTION OF GENETIC INFORMATION

PRIOR TO ENROLLMENT.—A health insurance issuer offering 

Notification. 


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health insurance coverage in the individual market shall not 

request, require, or purchase genetic information with respect 

to any individual prior to such individual’s enrollment under 

the plan in connection with such enrollment. 

‘‘(3) INCIDENTAL COLLECTION.—If a health insurance issuer 

offering health insurance coverage in the individual market 

obtains genetic information incidental to the requesting, 

requiring, or purchasing of other information concerning any 

individual, such request, requirement, or purchase shall not 

be considered a violation of paragraph (2) if such request, 

requirement, or purchase is not in violation of paragraph (1). 

‘‘(f) GENETIC INFORMATION OF A FETUS OR EMBRYO.—Any reference in this part to genetic information concerning an individual 

or family member of an individual shall— 

‘‘(1) with respect to such an individual or family member 

of an individual who is a pregnant woman, include genetic 

information of any fetus carried by such pregnant woman; 

and 

‘‘(2) with respect to an individual or family member utilizing an assisted reproductive technology, include genetic 

information of any embryo legally held by the individual or 

family member.’’. 

(2) REMEDIES AND ENFORCEMENT.—Section 2761(b) of the 

Public Health Service Act (42 U.S.C. 300gg–61(b)) is amended 

to read as follows: 

‘‘(b) SECRETARIAL ENFORCEMENT AUTHORITY.—The Secretary 

shall have the same authority in relation to enforcement of the 

provisions of this part with respect to issuers of health insurance 

coverage in the individual market in a State as the Secretary 

has under section 2722(b)(2), and section 2722(b)(3) with respect 

to violations of genetic nondiscrimination provisions, in relation 

to the enforcement of the provisions of part A with respect to 

issuers of health insurance coverage in the small group market 

in the State.’’. 

(c) 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), (b)(3), (c), and (d) 

of section 2702 and the provisions of sections 2701 and 

2702(b) to the extent that such provisions apply to genetic 

information.’’. 

(d) REGULATIONS AND EFFECTIVE DATE.— 

(1) REGULATIONS.—Not later than 12 months after the 

date of enactment of this Act, the Secretary of Health and 

Human Services shall issue final regulations to carry out the 

amendments made by this section. 

(2) EFFECTIVE DATE.—The amendments made by this section shall apply— 

Applicability. 

42 USC 

300gg–1 note. 


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(A) with respect to group health plans, and health 

insurance coverage offered in connection with group health 

plans, for plan years beginning after the date that is 1 

year after the date of enactment of this Act; and 

(B) with respect to health insurance coverage offered, 

sold, issued, renewed, in effect, or operated in the individual market after the date that is 1 year after the date 

of enactment of this Act. 

SEC. 103. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986. 

(a) NO DISCRIMINATION IN GROUP PREMIUMS BASED ON GENETIC

INFORMATION.—Subsection (b) of section 9802 of the Internal Revenue Code of 1986 is amended— 

(1) in paragraph (2)(A), by inserting before the semicolon 

the following: ‘‘except as provided in paragraph (3)’’; and 

(2) by adding at the end the following: 

‘‘(3) NO GROUP-BASED DISCRIMINATION ON BASIS OF GENETIC

INFORMATION.— 

‘‘(A) IN GENERAL.—For purposes of this section, a group 

health plan may not adjust premium or contribution 

amounts for the group covered under such plan on the 

basis of genetic information. 

‘‘(B) RULE OF CONSTRUCTION.—Nothing in subparagraph (A) or in paragraphs (1) and (2) of subsection (d) 

shall be construed to limit the ability of a group health 

plan to increase the premium for an employer based on 

the manifestation of a disease or disorder of an individual 

who is enrolled in the plan. In such case, the manifestation 

of a disease or disorder in one individual cannot also be 

used as genetic information about other group members 

and to further increase the premium for the employer.’’. 

(b) LIMITATIONS ON GENETIC TESTING; PROHIBITION ON COLLECTION OF GENETIC INFORMATION; APPLICATION TO ALL PLANS.—Section 9802 of such Code is amended by redesignating subsection 

(c) as subsection (f) and by inserting after subsection (b) the following new subsections: 

‘‘(c) GENETIC TESTING.— 

‘‘(1) LIMITATION ON REQUESTING OR REQUIRING GENETIC

TESTING.—A group health plan may not request or require 

an individual or a family member of such individual to undergo 

a genetic test. 

‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) shall not be 

construed to limit the authority of a health care professional 

who is providing health care services to an individual to request 

that such individual undergo a genetic test. 

‘‘(3) RULE OF CONSTRUCTION REGARDING PAYMENT.— 

‘‘(A) IN GENERAL.—Nothing in paragraph (1) shall be 

construed to preclude a group health plan from obtaining 

and using the results of a genetic test in making a determination regarding payment (as such term is defined for 

the purposes of applying the regulations promulgated by 

the Secretary of Health and Human Services under part 

C of title XI of the Social Security Act and section 264 

of the Health Insurance Portability and Accountability Act 

of 1996, as may be revised from time to time) consistent 

with subsection (a). 

26 USC 9802. 


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‘‘(B) LIMITATION.—For purposes of subparagraph (A), 

a group health plan may request only the minimum amount 

of information necessary to accomplish the intended purpose. 

‘‘(4) RESEARCH EXCEPTION.—Notwithstanding paragraph 

(1), a group health plan may request, but not require, that 

a participant or beneficiary undergo a genetic test if each 

of the following conditions is met: 

‘‘(A) The request is made pursuant to research that 

complies with part 46 of title 45, Code of Federal Regulations, or equivalent Federal regulations, and any applicable 

State or local law or regulations for the protection of human 

subjects in research. 

‘‘(B) The plan clearly indicates to each participant or 

beneficiary, or in the case of a minor child, to the legal 

guardian of such beneficiary, to whom the request is made 

that— 

‘‘(i) compliance with the request is voluntary; and 

‘‘(ii) non-compliance will have no effect on enrollment status or premium or contribution amounts. 

‘‘(C) No genetic information collected or acquired under 

this paragraph shall be used for underwriting purposes. 

‘‘(D) The plan notifies the Secretary in writing that 

the plan is conducting activities pursuant to the exception 

provided for under this paragraph, including a description 

of the activities conducted. 

‘‘(E) The plan complies with such other conditions as 

the Secretary may by regulation require for activities conducted under this paragraph. 

‘‘(d) PROHIBITION ON COLLECTION OF GENETIC INFORMATION.— 

‘‘(1) IN GENERAL.—A group health plan shall not request, 

require, or purchase genetic information for underwriting purposes (as defined in section 9832). 

‘‘(2) PROHIBITION ON COLLECTION OF GENETIC INFORMATION

PRIOR TO ENROLLMENT.—A group health plan shall not request, 

require, or purchase genetic information with respect to any 

individual prior to such individual’s enrollment under the plan 

or in connection with such enrollment. 

‘‘(3) INCIDENTAL COLLECTION.—If a group health plan 

obtains genetic information incidental to the requesting, 

requiring, or purchasing of other information concerning any 

individual, such request, requirement, or purchase shall not 

be considered a violation of paragraph (2) if such request, 

requirement, or purchase is not in violation of paragraph (1). 

‘‘(e) APPLICATION TO ALL PLANS.—The provisions of subsections 

(a)(1)(F), (b)(3), (c), and (d) and subsection (b)(1) and section 9801 

with respect to genetic information, shall apply to group health 

plans without regard to section 9831(a)(2).’’. 

(c) APPLICATION TO GENETIC INFORMATION OF A FETUS OR

EMBRYO.—Such section is further amended by adding at the end 

the following: 

‘‘(f) GENETIC INFORMATION OF A FETUS OR EMBRYO.—Any reference in this chapter to genetic information concerning an individual or family member of an individual shall— 

‘‘(1) with respect to such an individual or family member 

of an individual who is a pregnant woman, include genetic 

Notification. 


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information of any fetus carried by such pregnant woman; 

and 

‘‘(2) with respect to an individual or family member utilizing an assisted reproductive technology, include genetic 

information of any embryo legally held by the individual or 

family member.’’. 

(d) DEFINITIONS.—Subsection (d) of section 9832 of such Code 

is amended by adding at the end the following: 

‘‘(6) FAMILY MEMBER.—The term ‘family member’ means, 

with respect to any individual— 

‘‘(A) a dependent (as such term is used for purposes 

of section 9801(f)(2)) of such individual, and 

‘‘(B) any other individual who is a first-degree, seconddegree, third-degree, or fourth-degree relative of such individual or of an individual described in subparagraph (A). 

‘‘(7) GENETIC INFORMATION.— ‘‘(A) IN GENERAL.—The term ‘genetic information’ 

means, with respect to any individual, information about— 

‘‘(i) such individual’s genetic tests, 

‘‘(ii) the genetic tests of family members of such 

individual, and 

‘‘(iii) the manifestation of a disease or disorder 

in family members of such individual. 

‘‘(B) INCLUSION OF GENETIC SERVICES AND PARTICIPATION IN GENETIC RESEARCH.—Such term includes, with 

respect to any individual, any request for, or receipt of, 

genetic services, or participation in clinical research which 

includes genetic services, by such individual or any family 

member of such individual. 

‘‘(C) EXCLUSIONS.—The term ‘genetic information’ shall 

not include information about the sex or age of any individual. 

‘‘(8) GENETIC TEST.— 

‘‘(A) IN GENERAL.—The term ‘genetic test’ means an 

analysis of human DNA, RNA, chromosomes, proteins, or 

metabolites, that detects genotypes, mutations, or chromosomal changes. 

‘‘(B) EXCEPTIONS.—The term ‘genetic test’ does not 

mean— 

‘‘(i) an analysis of proteins or metabolites that 

does not detect genotypes, mutations, or chromosomal 

changes, or 

‘‘(ii) an analysis of proteins or metabolites that 

is directly related to a manifested disease, disorder, 

or pathological condition that could reasonably be 

detected by a health care professional with appropriate 

training and expertise in the field of medicine involved. 

‘‘(9) GENETIC SERVICES.—The term ‘genetic services’ 

means— 

‘‘(A) a genetic test; 

‘‘(B) genetic counseling (including obtaining, interpreting, or assessing genetic information); or 

‘‘(C) genetic education. 

‘‘(10) UNDERWRITING PURPOSES.—The term ‘underwriting 

purposes’ means, with respect to any group health plan, or 

health insurance coverage offered in connection with a group 

health plan— 

26 USC 9832. 


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‘‘(A) rules for, or determination of, eligibility (including 

enrollment and continued eligibility) for benefits under the 

plan or coverage; 

‘‘(B) the computation of premium or contribution 

amounts under the plan or coverage; 

‘‘(C) the application of any pre-existing condition exclusion under the plan or coverage; and 

‘‘(D) other activities related to the creation, renewal, 

or replacement of a contract of health insurance or health 

benefits.’’. 

(e) ENFORCEMENT.— (1) IN GENERAL.—Subchapter C of chapter 100 of the 

Internal Revenue Code of 1986 (relating to general provisions) 

is amended by adding at the end the following new section: 

‘‘SEC. 9834. ENFORCEMENT. 

‘‘For the imposition of tax on any failure of a group health 

plan to meet the requirements of this chapter, see section 4980D.’’. 

(2) CONFORMING AMENDMENT.—The table of sections for 

subchapter C of chapter 100 of such Code is amended by 

adding at the end the following new item: 

‘‘Sec. 9834. Enforcement.’’. 

(f) REGULATIONS AND EFFECTIVE DATE.— (1) REGULATIONS.—The Secretary of the Treasury shall 

issue final regulations or other guidance not later than 12 

months after the date of the enactment of this Act to carry 

out the amendments made by this section. 

(2) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to group health plans for plan 

years beginning after the date that is 1 year after the date 

of the enactment of this Act. 

SEC. 104. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SECURITY 

ACT RELATING TO MEDIGAP. 

(a) NONDISCRIMINATION.—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) An issuer of a medicare supplemental policy shall 

not deny or condition the issuance or effectiveness of the 

policy (including the imposition of any exclusion of benefits 

under the policy based on a pre-existing condition) and 

shall not discriminate in the pricing of the policy (including 

the adjustment of premium rates) of an individual on the 

basis of the genetic information with respect to such individual. 

‘‘(F) RULE OF CONSTRUCTION.—Nothing in subparagraph (E) or in subparagraphs (A) or (B) of subsection 

(x)(2) shall be construed to limit the ability of an issuer 

of a medicare supplemental policy from, to the extent otherwise permitted under this title— 

‘‘(i) denying or conditioning the issuance or 

effectiveness of the policy or increasing the premium 

for an employer based on the manifestation of a disease 

or disorder of an individual who is covered under the 

policy; or 

‘‘(ii) increasing the premium for any policy issued 

to an individual based on the manifestation of a disease 

Applicability. 

26 USC 9802 

note. 


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or disorder of an individual who is covered under the 

policy (in such case, the manifestation of a disease 

or disorder in one individual cannot also be used as 

genetic information about other group members and 

to further increase the premium for the employer).’’. 

(b) LIMITATIONS ON GENETIC TESTING AND 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: 

‘‘(x) LIMITATIONS ON GENETIC TESTING AND 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.—Subparagraph (A) shall 

not be construed to limit the authority of a health care 

professional who is providing health care services to an 

individual to request that such individual undergo a genetic 

test. 

‘‘(C) RULE OF CONSTRUCTION REGARDING PAYMENT.— 

‘‘(i) IN GENERAL.—Nothing in subparagraph (A) 

shall be construed to preclude an issuer of a medicare 

supplemental policy from obtaining and using the 

results of a genetic test in making a determination 

regarding payment (as such term is defined for the 

purposes of applying the regulations promulgated by 

the Secretary under part C of title XI and section 

264 of the Health Insurance Portability and Accountability Act of 1996, as may be revised from time to 

time) consistent with subsection (s)(2)(E). 

‘‘(ii) LIMITATION.—For purposes of clause (i), an 

issuer of a medicare supplemental policy may request 

only the minimum amount of information necessary 

to accomplish the intended purpose. 

‘‘(D) RESEARCH EXCEPTION.—Notwithstanding subparagraph (A), an issuer of a medicare supplemental policy 

may request, but not require, that an individual or a family 

member of such individual undergo a genetic test if each 

of the following conditions is met: 

‘‘(i) The request is made pursuant to research that 

complies with part 46 of title 45, Code of Federal 

Regulations, or equivalent Federal regulations, and any 

applicable State or local law or regulations for the 

protection of human subjects in research. 

‘‘(ii) The issuer clearly indicates to each individual, 

or in the case of a minor child, to the legal guardian 

of such child, to whom the request is made that— 

‘‘(I) compliance with the request is voluntary; 

and 

‘‘(II) non-compliance will have no effect on 

enrollment status or premium or contribution 

amounts. 


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‘‘(iii) No genetic information collected or acquired 

under this subparagraph shall be used for underwriting, determination of eligibility to enroll or maintain enrollment status, premium rating, or the creation, renewal, or replacement of a plan, contract, or 

coverage for health insurance or health benefits. 

‘‘(iv) The issuer notifies the Secretary in writing 

that the issuer is conducting activities pursuant to 

the exception provided for under this subparagraph, 

including a description of the activities conducted. 

‘‘(v) The issuer complies with such other conditions 

as the Secretary may by regulation require for activities conducted under this subparagraph. 

‘‘(2) PROHIBITION ON COLLECTION OF GENETIC INFORMA- TION.— ‘‘(A) IN GENERAL.—An issuer of a medicare supplemental policy shall not request, require, or purchase genetic 

information for underwriting purposes (as defined in paragraph (3)). 

‘‘(B) PROHIBITION ON COLLECTION OF GENETIC INFORMATION PRIOR TO ENROLLMENT.—An issuer of a medicare 

supplemental policy shall not request, require, or purchase 

genetic information with respect to any individual prior 

to such individual’s enrollment under the policy in connection with such enrollment. 

‘‘(C) INCIDENTAL COLLECTION.—If an issuer of a medicare supplemental policy obtains genetic information incidental to the requesting, requiring, or purchasing of other 

information concerning any individual, such request, 

requirement, or purchase shall not be considered a violation 

of subparagraph (B) if such request, requirement, or purchase is not in violation of subparagraph (A). 

‘‘(3) DEFINITIONS.—In this subsection: 

‘‘(A) FAMILY MEMBER.—The term ‘family member’ 

means with respect to an individual, any other individual 

who is a first-degree, second-degree, third-degree, or fourthdegree relative of such individual. 

‘‘(B) GENETIC INFORMATION.— 

‘‘(i) IN GENERAL.—The term ‘genetic information’ 

means, with respect to any individual, information 

about— 

‘‘(I) such individual’s genetic tests, 

‘‘(II) the genetic tests of family members of 

such individual, and 

‘‘(III) subject to clause (iv), the manifestation 

of a disease or disorder in family members of such 

individual. 

‘‘(ii) INCLUSION OF GENETIC SERVICES AND PARTICIPATION IN GENETIC RESEARCH.—Such term includes, 

with respect to any individual, any request for, or 

receipt of, genetic services, or participation in clinical 

research which includes genetic services, by such individual or any family member of such individual. 

‘‘(iii) EXCLUSIONS.—The term ‘genetic information’ 

shall not include information about the sex or age 

of any individual. 

‘‘(C) GENETIC TEST.— 


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‘‘(i) IN GENERAL.—The term ‘genetic test’ means 

an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, 

mutations, or chromosomal changes. 

‘‘(ii) EXCEPTIONS.—The term ‘genetic test’ does not 

mean— 

‘‘(I) an analysis of proteins or metabolites that 

does not detect genotypes, mutations, or chromosomal changes; or 

‘‘(II) an analysis of proteins or metabolites that 

is directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a health care professional with 

appropriate training and expertise in the field of 

medicine involved. 

‘‘(D) GENETIC SERVICES.—The term ‘genetic services’ 

means— 

‘‘(i) a genetic test; 

‘‘(ii) genetic counseling (including obtaining, interpreting, or assessing genetic information); or 

‘‘(iii) genetic education. 

‘‘(E) UNDERWRITING PURPOSES.—The term ‘underwriting purposes’ means, with respect to a medicare supplemental policy— 

‘‘(i) rules for, or determination of, eligibility 

(including enrollment and continued eligibility) for 

benefits under the policy; 

‘‘(ii) the computation of premium or contribution 

amounts under the policy; 

‘‘(iii) the application of any pre-existing condition 

exclusion under the policy; and 

‘‘(iv) other activities related to the creation, 

renewal, or replacement of a contract of health insurance or health benefits. 

‘‘(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.’’. 

(2) APPLICATION TO GENETIC INFORMATION OF A FETUS OR

EMBRYO.—Section 1882(x) of such Act, as added by paragraph 

(1), is further amended by adding at the end the following: 

‘‘(4) GENETIC INFORMATION OF A FETUS OR EMBRYO.—Any 

reference in this section to genetic information concerning an 

individual or family member of an individual shall— 

‘‘(A) with respect to such an individual or family 

member of an individual who is a pregnant woman, include 

genetic information of any fetus carried by such pregnant 

woman; and 

‘‘(B) with respect to an individual or family member 

utilizing an assisted reproductive technology, include 

genetic information of any embryo legally held by the individual or family member.’’. 

(3) CONFORMING AMENDMENT.—Section 1882(o) of the 

Social Security Act (42 U.S.C. 1395ss(o)) is amended by adding 

at the end the following: 

‘‘(4) The issuer of the medicare supplemental policy complies with subsection (s)(2)(E) and subsection (x).’’. 


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(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to an issuer of a medicare supplemental 

policy for policy years beginning on or after the date that is 1 

year after the date of enactment of this Act. 

(d) 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 October 31, 2008, 

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 July 1, 2009, 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) July 1, 2009. 

(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 2009 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, 2009. 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. 

SEC. 105. PRIVACY AND CONFIDENTIALITY. 

(a) IN GENERAL.—Part C of title XI of the Social Security 

Act is amended by adding at the end the following new section: 

Deadline. 

Deadline. 

42 USC 

1395ss note. 

Applicability. 

42 USC 

1395ss note. 


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‘‘APPLICATION OF HIPAA REGULATIONS TO GENETIC INFORMATION

‘‘SEC. 1180. (a) IN GENERAL.—The Secretary shall revise the 

HIPAA privacy regulation (as defined in subsection (b)) so it is 

consistent with the following: 

‘‘(1) Genetic information shall be treated as health information described in section 1171(4)(B). 

‘‘(2) The use or disclosure by a covered entity that is a 

group health plan, health insurance issuer that issues health 

insurance coverage, or issuer of a medicare supplemental policy 

of protected health information that is genetic information 

about an individual for underwriting purposes under the group 

health plan, health insurance coverage, or medicare supplemental policy shall not be a permitted use or disclosure. 

‘‘(b) DEFINITIONS.—For purposes of this section: 

‘‘(1) GENETIC INFORMATION; GENETIC TEST; FAMILY

MEMBER.—The terms ‘genetic information’, ‘genetic test’, and 

‘family member’ have the meanings given such terms in section 

2791 of the Public Health Service Act (42 U.S.C. 300gg–91), 

as amended by the Genetic Information Nondiscrimination Act 

of 2007. 

‘‘(2) GROUP HEALTH PLAN; HEALTH INSURANCE COVERAGE; 

MEDICARE SUPPLEMENTAL POLICY.—The terms ‘group health 

plan’ and ‘health insurance coverage’ have the meanings given 

such terms under section 2791 of the Public Health Service 

Act (42 U.S.C. 300gg–91), and the term ‘medicare supplemental 

policy’ has the meaning given such term in section 1882(g). 

‘‘(3) HIPAA PRIVACY REGULATION.—The term ‘HIPAA privacy regulation’ means the regulations promulgated by the 

Secretary under this part and section 264 of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 

1320d–2 note). 

‘‘(4) UNDERWRITING PURPOSES.—The term ‘underwriting 

purposes’ means, with respect to a group health plan, health 

insurance coverage, or a medicare supplemental policy— 

‘‘(A) rules for, or determination of, eligibility (including 

enrollment and continued eligibility) for, or determination 

of, benefits under the plan, coverage, or policy; 

‘‘(B) the computation of premium or contribution 

amounts under the plan, coverage, or policy; 

‘‘(C) the application of any pre-existing condition exclusion under the plan, coverage, or policy; and 

‘‘(D) other activities related to the creation, renewal, 

or replacement of a contract of health insurance or health 

benefits. 

‘‘(c) PROCEDURE.—The revisions under subsection (a) shall be 

made by notice in the Federal Register published not later than 

60 days after the date of the enactment of this section and shall 

be effective upon publication, without opportunity for any prior 

public comment, but may be revised, consistent with this section, 

after opportunity for public comment. 

‘‘(d) ENFORCEMENT.—In addition to any other sanctions or remedies that may be available under law, a covered entity that is 

a group health plan, health insurance issuer, or issuer of a medicare 

supplemental policy and that violates the HIPAA privacy regulation 

(as revised under subsection (a) or otherwise) with respect to the 

use or disclosure of genetic information shall be subject to the 

Notice. 

Federal Register, 

publication. 

Deadline. 

Effective date. 

42 USC 1320d–9. 


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penalties described in sections 1176 and 1177 in the same manner 

and to the same extent that such penalties apply to violations 

of this part.’’. 

(b) REGULATIONS; EFFECTIVE DATE.— 

(1) REGULATIONS.—Not later than 12 months after the 

date of the enactment of this Act, the Secretary of Health 

and Human Services shall issue final regulations to carry out 

the revision required by section 1180(a) of the Social Security 

Act, as added by subsection (a). The Secretary has the sole 

authority to promulgate such regulations, but shall promulgate 

such regulations in consultation with the Secretaries of Labor 

and the Treasury. 

(2) EFFECTIVE DATE.—The amendment made by subsection 

(a) shall take effect on the date that is 1 year after the date 

of the enactment of this Act. 

SEC. 106. ASSURING COORDINATION. 

Except as provided in section 105(b)(1), the Secretary of Health 

and Human Services, the Secretary of Labor, and the Secretary 

of the Treasury shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, 

that— 

(1) regulations, rulings, and interpretations issued by such 

Secretaries relating to the same matter over which two or 

more such Secretaries have responsibility under this title (and 

the amendments made by this title) are administered so as 

to have the same effect at all times; and 

(2) coordination of policies relating to enforcing the same 

requirements through such Secretaries in order to have a 

coordinated enforcement strategy that avoids duplication of 

enforcement efforts and assigns priorities in enforcement. 

TITLE II—PROHIBITING EMPLOYMENT 

DISCRIMINATION ON THE BASIS OF 

GENETIC INFORMATION 

SEC. 201. DEFINITIONS. 

In this title: 

(1) COMMISSION.—The term ‘‘Commission’’ means the Equal 

Employment Opportunity Commission as created by section 

705 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–4). 

(2) EMPLOYEE; EMPLOYER; EMPLOYMENT AGENCY; LABOR

ORGANIZATION; MEMBER.— 

(A) IN GENERAL.—The term ‘‘employee’’ means— 

(i) an employee (including an applicant), as defined 

in section 701(f) of the Civil Rights Act of 1964 (42 

U.S.C. 2000e(f)); 

(ii) a State employee (including an applicant) 

described in section 304(a) of the Government 

Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); 

(iii) a covered employee (including an applicant), 

as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); 

42 USC 2000ff. 

Memorandum. 

42 USC 

300gg–1 note. 

Deadline. 

42 USC 

1320d–9 note. 


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(iv) a covered employee (including an applicant), 

as defined in section 411(c) of title 3, United States 

Code; or 

(v) an employee or applicant to which section 

717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e– 

16(a)) applies. 

(B) EMPLOYER.—The term ‘‘employer’’ means— 

(i) an employer (as defined in section 701(b) of 

the Civil Rights Act of 1964 (42 U.S.C. 2000e(b))); 

(ii) an entity employing a State employee described 

in section 304(a) of the Government Employee Rights 

Act of 1991; 

(iii) an employing office, as defined in section 101 

of the Congressional Accountability Act of 1995; 

(iv) an employing office, as defined in section 411(c) 

of title 3, United States Code; or 

(v) an entity to which section 717(a) of the Civil 

Rights Act of 1964 applies. 

(C) EMPLOYMENT AGENCY; LABOR ORGANIZATION.—The 

terms ‘‘employment agency’’ and ‘‘labor organization’’ have 

the meanings given the terms in section 701 of the Civil 

Rights Act of 1964 (42 U.S.C. 2000e). 

(D) MEMBER.—The term ‘‘member’’, with respect to 

a labor organization, includes an applicant for membership 

in a labor organization. 

(3) FAMILY MEMBER.—The term ‘‘family member’’ means, 

with respect to an individual— 

(A) a dependent (as such term is used for purposes 

of section 701(f)(2) of the Employee Retirement Income 

Security Act of 1974) of such individual, and 

(B) any other individual who is a first-degree, seconddegree, third-degree, or fourth-degree relative of such individual or of an individual described in subparagraph (A). 

(4) GENETIC INFORMATION.— 

(A) IN GENERAL.—The term ‘‘genetic information’’ 

means, with respect to any individual, information about— 

(i) such individual’s genetic tests, 

(ii) the genetic tests of family members of such 

individual, and 

(iii) the manifestation of a disease or disorder in 

family members of such individual. 

(B) INCLUSION OF GENETIC SERVICES AND PARTICIPATION

IN GENETIC RESEARCH.—Such term includes, with respect 

to any individual, any request for, or receipt of, genetic 

services, or participation in clinical research which includes 

genetic services, by such individual or any family member 

of such individual. 

(C) EXCLUSIONS.—The term ‘‘genetic information’’ shall 

not include information about the sex or age of any individual. 

(5) 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, 


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in order to identify, evaluate, and respond to the effects of 

or control adverse environmental exposures in the workplace. 

(6) GENETIC SERVICES.—The term ‘‘genetic services’’ 

means— 

(A) a genetic test; 

(B) genetic counseling (including obtaining, interpreting, or assessing genetic information); or 

(C) genetic education. 

(7) GENETIC TEST.— (A) IN GENERAL.—The term ‘‘genetic test’’ means an 

analysis of human DNA, RNA, chromosomes, proteins, or 

metabolites, that detects genotypes, mutations, or chromosomal changes. 

(B) EXCEPTIONS.—The term ‘‘genetic test’’ does not 

mean an analysis of proteins or metabolites that does not 

detect genotypes, mutations, or chromosomal changes. 

SEC. 202. EMPLOYER PRACTICES. 

(a) DISCRIMINATION BASED ON GENETIC INFORMATION.—It shall 

be an unlawful employment practice for an employer— 

(1) to fail or refuse to hire, or to discharge, any employee, 

or otherwise to discriminate against any employee with respect 

to the compensation, terms, conditions, or privileges of employment of the employee, because of genetic information with 

respect to the employee; or 

(2) to limit, segregate, or classify the employees of the 

employer in any way that would deprive or tend to deprive 

any employee of employment opportunities or otherwise 

adversely affect the status of the employee as an employee, 

because of genetic information with respect to the employee. 

(b) ACQUISITION OF GENETIC INFORMATION.—It shall be an 

unlawful employment practice for an employer to request, require, 

or purchase genetic information with respect to an employee or 

a family member of the employee except— 

(1) where an employer inadvertently requests or requires 

family medical history of the employee or family member of 

the employee; 

(2) where— 

(A) health or genetic services are offered by the 

employer, including such services offered as part of a 

wellness program; 

(B) the employee provides prior, knowing, voluntary, 

and written authorization; 

(C) only the employee (or family member if the family 

member is receiving genetic services) and the licensed 

health care professional or board certified genetic counselor 

involved in providing such services receive individually 

identifiable information concerning the results of such services; and 

(D) any individually identifiable genetic information 

provided under subparagraph (C) in connection with the 

services provided under subparagraph (A) is only available 

for purposes of such services and shall not be disclosed 

to the employer except in aggregate terms that do not 

disclose the identity of specific employees; 

(3) where an employer requests or requires family medical 

history from the employee to comply with the certification 

42 USC 2000ff–1. 


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provisions of section 103 of the Family and Medical Leave 

Act of 1993 (29 U.S.C. 2613) or such requirements under State 

family and medical leave laws; 

(4) where an employer purchases documents that are 

commercially and publicly available (including newspapers, 

magazines, periodicals, and books, but not including medical 

databases or court records) that include family medical history; 

(5) where the information involved is to be used for genetic 

monitoring of the biological effects of toxic substances in the 

workplace, but only if— 

(A) the employer provides written notice of the genetic 

monitoring to the employee; 

(B)(i) the employee provides prior, knowing, voluntary, 

and written authorization; or 

(ii) the genetic monitoring is required by Federal or 

State law; 

(C) the employee is informed of individual monitoring 

results; 

(D) the monitoring is in compliance with— 

(i) any Federal genetic monitoring regulations, 

including any such 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.), the Federal Mine Safety and Health Act 

of 1977 (30 U.S.C. 801 et seq.), or the Atomic Energy 

Act of 1954 (42 U.S.C. 2011 et seq.); or 

(ii) State genetic monitoring regulations, in the 

case of a State that is implementing genetic monitoring 

regulations under the authority of the Occupational 

Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); 

and 

(E) the employer, excluding any licensed health care 

professional or board certified genetic counselor 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 

(6) where the employer conducts DNA analysis for law 

enforcement purposes as a forensic laboratory or for purposes 

of human remains identification, and requests or requires 

genetic information of such employer’s employees, but only 

to the extent that such genetic information is used for analysis 

of DNA identification markers for quality control to detect 

sample contamination. 

(c) PRESERVATION OF PROTECTIONS.—In the case of information 

to which any of paragraphs (1) through (6) of subsection (b) applies, 

such information may not be used in violation of paragraph (1) 

or (2) of subsection (a) or treated or disclosed in a manner that 

violates section 206. 

SEC. 203. EMPLOYMENT AGENCY PRACTICES. 

(a) DISCRIMINATION BASED ON GENETIC INFORMATION.—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 genetic 

information with respect to the individual; 

(2) to limit, segregate, or classify individuals or fail or 

refuse to refer for employment any individual in any way 

42 USC 2000ff–2. 


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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 genetic information 

with respect to the individual; or 

(3) to cause or attempt to cause an employer to discriminate 

against an individual in violation of this title. 

(b) ACQUISITION OF GENETIC INFORMATION.—It shall be an 

unlawful employment practice for an employment agency to request, 

require, or purchase genetic information with respect to an individual or a family member of the individual except— 

(1) where an employment agency inadvertently requests 

or requires family medical history of the individual or family 

member of the individual; 

(2) where— 

(A) health or genetic services are offered by the employment agency, including such services offered as part of 

a wellness program; 

(B) the individual provides prior, knowing, voluntary, 

and written authorization; 

(C) only the individual (or family member if the family 

member is receiving genetic services) and the licensed 

health care professional or board certified genetic counselor 

involved in providing such services receive individually 

identifiable information concerning the results of such services; and 

(D) any individually identifiable genetic information 

provided under subparagraph (C) in connection with the 

services provided under subparagraph (A) is only available 

for purposes of such services and shall not be disclosed 

to the employment agency except in aggregate terms that 

do not disclose the identity of specific individuals; 

(3) where an employment agency requests or requires 

family medical history from the individual to comply with the 

certification provisions of section 103 of the Family and Medical 

Leave Act of 1993 (29 U.S.C. 2613) or such requirements under 

State family and medical leave laws; 

(4) where an employment agency purchases documents that 

are commercially and publicly available (including newspapers, 

magazines, periodicals, and books, but not including medical 

databases or court records) that include family medical history; 

or 

(5) where the information involved is to be used for genetic 

monitoring of the biological effects of toxic substances in the 

workplace, but only if— 

(A) the employment agency provides written notice 

of the genetic monitoring to the individual; 

(B)(i) the individual provides prior, knowing, voluntary, 

and written authorization; or 

(ii) the genetic monitoring is required by Federal or 

State law; 

(C) the individual is informed of individual monitoring 

results; 

(D) the monitoring is in compliance with— 

(i) any Federal genetic monitoring regulations, 

including any such regulations that may be promulgated by the Secretary of Labor pursuant to the 

Occupational Safety and Health Act of 1970 (29 U.S.C. 


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651 et seq.), the Federal Mine Safety and Health Act 

of 1977 (30 U.S.C. 801 et seq.), or the Atomic Energy 

Act of 1954 (42 U.S.C. 2011 et seq.); or 

(ii) State genetic monitoring regulations, in the 

case of a State that is implementing genetic monitoring 

regulations under the authority of the Occupational 

Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); 

and 

(E) the employment agency, excluding any licensed 

health care professional or board certified genetic counselor 

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 individuals. 

(c) PRESERVATION OF PROTECTIONS.—In the case of information 

to which any of paragraphs (1) through (5) of subsection (b) applies, 

such information may not be used in violation of paragraph (1), 

(2), or (3) of subsection (a) or treated or disclosed in a manner 

that violates section 206. 

SEC. 204. LABOR ORGANIZATION PRACTICES. 

(a) DISCRIMINATION BASED ON GENETIC INFORMATION.—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 member 

because of genetic information with respect to the member; 

(2) to limit, segregate, or classify the members of the 

organization, or fail or refuse to refer for employment any 

member, in any way that would deprive or tend to deprive 

any member of employment opportunities, or otherwise 

adversely affect the status of the member as an employee, 

because of genetic information with respect to the member; 

or 

(3) to cause or attempt to cause an employer to discriminate 

against a member in violation of this title. 

(b) ACQUISITION OF GENETIC INFORMATION.—It shall be an 

unlawful employment practice for a labor organization to request, 

require, or purchase genetic information with respect to a member 

or a family member of the member except— 

(1) where a labor organization inadvertently requests or 

requires family medical history of the member or family 

member of the member; 

(2) where— 

(A) health or genetic services are offered by the labor 

organization, including such services offered as part of 

a wellness program; 

(B) the member provides prior, knowing, voluntary, 

and written authorization; 

(C) only the member (or family member if the family 

member is receiving genetic services) and the licensed 

health care professional or board certified genetic counselor 

involved in providing such services receive individually 

identifiable information concerning the results of such services; and 

(D) any individually identifiable genetic information 

provided under subparagraph (C) in connection with the 

services provided under subparagraph (A) is only available 

for purposes of such services and shall not be disclosed 

42 USC 2000ff–3. 


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to the labor organization except in aggregate terms that 

do not disclose the identity of specific members; 

(3) where a labor organization requests or requires family 

medical history from the members to comply with the certification provisions of section 103 of the Family and Medical 

Leave Act of 1993 (29 U.S.C. 2613) or such requirements under 

State family and medical leave laws; 

(4) where a labor organization purchases documents that 

are commercially and publicly available (including newspapers, 

magazines, periodicals, and books, but not including medical 

databases or court records) that include family medical history; 

or 

(5) where the information involved is to be used for genetic 

monitoring of the biological effects of toxic substances in the 

workplace, but only if— 

(A) the labor organization provides written notice of 

the genetic monitoring to the member; 

(B)(i) the member provides prior, knowing, voluntary, 

and written authorization; or 

(ii) the genetic monitoring is required by Federal or 

State law; 

(C) the member is informed of individual monitoring 

results; 

(D) the monitoring is in compliance with— 

(i) any Federal genetic monitoring regulations, 

including any such 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.), the Federal Mine Safety and Health Act 

of 1977 (30 U.S.C. 801 et seq.), or the Atomic Energy 

Act of 1954 (42 U.S.C. 2011 et seq.); or 

(ii) State genetic monitoring regulations, in the 

case of a State that is implementing genetic monitoring 

regulations under the authority of the Occupational 

Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); 

and 

(E) the labor organization, excluding any licensed 

health care professional or board certified genetic counselor 

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 members. 

(c) PRESERVATION OF PROTECTIONS.—In the case of information 

to which any of paragraphs (1) through (5) of subsection (b) applies, 

such information may not be used in violation of paragraph (1), 

(2), or (3) of subsection (a) or treated or disclosed in a manner 

that violates section 206. 

SEC. 205. TRAINING PROGRAMS. 

(a) DISCRIMINATION BASED ON GENETIC INFORMATION.—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-thejob training programs— 

(1) to discriminate against any individual because of genetic 

information with respect to the individual in admission to, 

or employment in, any program established to provide 

apprenticeship or other training or retraining; 

42 USC 2000ff–4. 


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(2) to limit, segregate, or classify the applicants for or 

participants in such apprenticeship or other training or 

retraining, 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 otherwise 

adversely affect the status of the individual as an employee, 

because of genetic information with respect to the individual; 

or 

(3) to cause or attempt to cause an employer to discriminate 

against an applicant for or a participant in such apprenticeship 

or other training or retraining in violation of this title. 

(b) ACQUISITION OF GENETIC INFORMATION.—It shall be an 

unlawful employment practice for an employer, labor organization, 

or joint labor-management committee described in subsection (a) 

to request, require, or purchase genetic information with respect 

to an individual or a family member of the individual except— 

(1) where the employer, labor organization, or joint labormanagement committee inadvertently requests or requires 

family medical history of the individual or family member of 

the individual; 

(2) where— 

(A) health or genetic services are offered by the 

employer, labor organization, or joint labor-management 

committee, including such services offered as part of a 

wellness program; 

(B) the individual provides prior, knowing, voluntary, 

and written authorization; 

(C) only the individual (or family member if the family 

member is receiving genetic services) and the licensed 

health care professional or board certified genetic counselor 

involved in providing such services receive individually 

identifiable information concerning the results of such services; and 

(D) any individually identifiable genetic information 

provided under subparagraph (C) in connection with the 

services provided under subparagraph (A) is only available 

for purposes of such services and shall not be disclosed 

to the employer, labor organization, or joint labor-management committee except in aggregate terms that do not 

disclose the identity of specific individuals; 

(3) where the employer, labor organization, or joint labormanagement committee requests or requires family medical 

history from the individual to comply with the certification 

provisions of section 103 of the Family and Medical Leave 

Act of 1993 (29 U.S.C. 2613) or such requirements under State 

family and medical leave laws; 

(4) where the employer, labor organization, or joint labormanagement committee purchases documents that are commercially and publicly available (including newspapers, magazines, 

periodicals, and books, but not including medical databases 

or court records) that include family medical history; 

(5) where the information involved is to be used for genetic 

monitoring of the biological effects of toxic substances in the 

workplace, but only if— 

(A) the employer, labor organization, or joint labormanagement committee provides written notice of the 

genetic monitoring to the individual; 

Notification. 


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(B)(i) the individual provides prior, knowing, voluntary, 

and written authorization; or 

(ii) the genetic monitoring is required by Federal or 

State law; 

(C) the individual is informed of individual monitoring 

results; 

(D) the monitoring is in compliance with— 

(i) any Federal genetic monitoring regulations, 

including any such 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.), the Federal Mine Safety and Health Act 

of 1977 (30 U.S.C. 801 et seq.), or the Atomic Energy 

Act of 1954 (42 U.S.C. 2011 et seq.); or 

(ii) State genetic monitoring regulations, in the 

case of a State that is implementing genetic monitoring 

regulations under the authority of the Occupational 

Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); 

and 

(E) the employer, labor organization, or joint labormanagement committee, excluding any licensed health care 

professional or board certified genetic counselor 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 individuals; or 

(6) where the employer conducts DNA analysis for law 

enforcement purposes as a forensic laboratory or for purposes 

of human remains identification, and requests or requires 

genetic information of such employer’s apprentices or trainees, 

but only to the extent that such genetic information is used 

for analysis of DNA identification markers for quality control 

to detect sample contamination. 

(c) PRESERVATION OF PROTECTIONS.—In the case of information 

to which any of paragraphs (1) through (6) of subsection (b) applies, 

such information may not be used in violation of paragraph (1), 

(2), or (3) of subsection (a) or treated or disclosed in a manner 

that violates section 206. 

SEC. 206. CONFIDENTIALITY OF GENETIC INFORMATION. 

(a) TREATMENT OF INFORMATION AS PART OF CONFIDENTIAL

MEDICAL RECORD.—If an employer, employment agency, labor 

organization, or joint labor-management committee possesses 

genetic information about an employee or member, such information 

shall be maintained on separate forms and in separate medical 

files and be treated as a confidential medical record of the employee 

or member. An employer, employment agency, labor organization, 

or joint labor-management committee shall be considered to be 

in compliance with the maintenance of information requirements 

of this subsection with respect to genetic information subject to 

this subsection that is maintained with and treated as a confidential 

medical record under section 102(d)(3)(B) of the Americans With 

Disabilities Act (42 U.S.C. 12112(d)(3)(B)). 

(b) LIMITATION ON DISCLOSURE.—An employer, employment 

agency, labor organization, or joint labor-management committee 

shall not disclose genetic information concerning an employee or 

member except— 

42 USC 2000ff–5. 


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(1) to the employee or member of a labor organization 

(or family member if the family member is receiving the genetic 

services) at the written request of the employee or member 

of such organization; 

(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) in response to an order of a court, except that— 

(A) the employer, employment agency, labor organization, or joint labor-management committee may disclose 

only the genetic information expressly authorized by such 

order; and 

(B) if the court order was secured without the knowledge of the employee or member to whom the information 

refers, the employer, employment agency, labor organization, or joint labor-management committee shall inform 

the employee or member of the court order and any genetic 

information that was disclosed pursuant to such order; 

(4) to government officials who are investigating compliance 

with this title if the information is relevant to the investigation; 

(5) to the extent that such disclosure is made in connection 

with the employee’s compliance with the certification provisions 

of section 103 of the Family and Medical Leave Act of 1993 

(29 U.S.C. 2613) or such requirements under State family and 

medical leave laws; or 

(6) to a Federal, State, or local public health agency only 

with regard to information that is described in section 

201(4)(A)(iii) and that concerns a contagious disease that presents an imminent hazard of death or life-threatening illness, 

and that the employee whose family member or family members 

is or are the subject of a disclosure under this paragraph 

is notified of such disclosure. 

(c) RELATIONSHIP TO HIPAA REGULATIONS.—With respect to 

the regulations promulgated by the Secretary of Health and Human 

Services under part C of title XI of the Social Security Act (42 

U.S.C. 1320d et seq.) and section 264 of the Health Insurance 

Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note), 

this title does not prohibit a covered entity under such regulations 

from any use or disclosure of health information that is authorized 

for the covered entity under such regulations. The previous sentence 

does not affect the authority of such Secretary to modify such 

regulations. 

SEC. 207. REMEDIES AND ENFORCEMENT. 

(a) EMPLOYEES COVERED BY TITLE VII OF THE CIVIL RIGHTS

ACT OF 1964.— 

(1) IN GENERAL.—The powers, procedures, and remedies 

provided in sections 705, 706, 707, 709, 710, and 711 of the 

Civil Rights Act of 1964 (42 U.S.C. 2000e–4 et seq.) to the 

Commission, the Attorney General, or any person, alleging 

a violation of title VII of that Act (42 U.S.C. 2000e et seq.) 

shall be the powers, procedures, and remedies this title provides 

to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation 

of this title against an employee described in section 

201(2)(A)(i), except as provided in paragraphs (2) and (3). 

42 USC 2000ff–6. 


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(2) COSTS AND FEES.—The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of 

the Revised Statutes of the United States (42 U.S.C. 1988), 

shall be powers, remedies, and procedures this title provides 

to the Commission, the Attorney General, or any person, 

alleging such a practice. 

(3) DAMAGES.—The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United 

States (42 U.S.C. 1981a), including the limitations contained 

in subsection (b)(3) of such section 1977A, shall be powers, 

remedies, and procedures this title provides to the Commission, 

the Attorney General, or any person, alleging such a practice 

(not an employment practice specifically excluded from coverage 

under section 1977A(a)(1) of the Revised Statutes of the United 

States). 

(b) EMPLOYEES COVERED BY GOVERNMENT EMPLOYEE RIGHTS

ACT OF 1991.— 

(1) IN GENERAL.—The powers, remedies, and procedures 

provided in sections 302 and 304 of the Government Employee 

Rights Act of 1991 (42 U.S.C. 2000e–16b, 2000e–16c) to the 

Commission, or any person, alleging a violation of section 

302(a)(1) of that Act (42 U.S.C. 2000e–16b(a)(1)) shall be the 

powers, remedies, and procedures this title provides to the 

Commission, or any person, respectively, alleging an unlawful 

employment practice in violation of this title against an 

employee described in section 201(2)(A)(ii), except as provided 

in paragraphs (2) and (3). 

(2) COSTS AND FEES.—The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of 

the Revised Statutes of the United States (42 U.S.C. 1988), 

shall be powers, remedies, and procedures this title provides 

to the Commission, or any person, alleging such a practice. 

(3) DAMAGES.—The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United 

States (42 U.S.C. 1981a), including the limitations contained 

in subsection (b)(3) of such section 1977A, shall be powers, 

remedies, and procedures this title provides to the Commission, 

or any person, alleging such a practice (not an employment 

practice specifically excluded from coverage under section 

1977A(a)(1) of the Revised Statutes of the United States). 

(c) EMPLOYEES COVERED BY CONGRESSIONAL ACCOUNTABILITY

ACT OF 1995.— 

(1) IN GENERAL.—The powers, remedies, and procedures 

provided in the Congressional Accountability Act of 1995 (2 

U.S.C. 1301 et seq.) to the Board (as defined in section 101 

of that Act (2 U.S.C. 1301)), or any person, alleging a violation 

of section 201(a)(1) of that Act (42 U.S.C. 1311(a)(1)) shall 

be the powers, remedies, and procedures this title provides 

to that Board, or any person, alleging an unlawful employment 

practice in violation of this title against an employee described 

in section 201(2)(A)(iii), except as provided in paragraphs (2) 

and (3). 

(2) COSTS AND FEES.—The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of 

the Revised Statutes of the United States (42 U.S.C. 1988), 

shall be powers, remedies, and procedures this title provides 

to that Board, or any person, alleging such a practice. 


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(3) DAMAGES.—The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United 

States (42 U.S.C. 1981a), including the limitations contained 

in subsection (b)(3) of such section 1977A, shall be powers, 

remedies, and procedures this title provides to that Board, 

or any person, alleging such a practice (not an employment 

practice specifically excluded from coverage under section 

1977A(a)(1) of the Revised Statutes of the United States). 

(4) OTHER APPLICABLE PROVISIONS.—With respect to a claim 

alleging a practice described in paragraph (1), 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 alleging a violation of section 201(a)(1) 

of such Act (2 U.S.C. 1311(a)(1)). 

(d) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 3, UNITED

STATES CODE.— (1) IN GENERAL.—The powers, remedies, and procedures 

provided in chapter 5 of title 3, United States Code, to the 

President, the Commission, the Merit Systems Protection 

Board, or any person, alleging a violation of section 411(a)(1) 

of that title, shall be the powers, remedies, and procedures 

this title provides to the President, the Commission, such 

Board, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee 

described in section 201(2)(A)(iv), except as provided in paragraphs (2) and (3). 

(2) COSTS AND FEES.—The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of 

the Revised Statutes of the United States (42 U.S.C. 1988), 

shall be powers, remedies, and procedures this title provides 

to the President, the Commission, such Board, or any person, 

alleging such a practice. 

(3) DAMAGES.—The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United 

States (42 U.S.C. 1981a), including the limitations contained 

in subsection (b)(3) of such section 1977A, shall be powers, 

remedies, and procedures this title provides to the President, 

the Commission, such Board, or any person, alleging such a 

practice (not an employment practice specifically excluded from 

coverage under section 1977A(a)(1) of the Revised Statutes 

of the United States). 

(e) EMPLOYEES COVERED BY SECTION 717 OF THE CIVIL RIGHTS

ACT OF 1964.— 

(1) IN GENERAL.—The powers, remedies, and procedures 

provided in section 717 of the Civil Rights Act of 1964 (42 

U.S.C. 2000e–16) to the Commission, the Attorney General, 

the Librarian of Congress, or any person, alleging a violation 

of that section shall be the powers, remedies, and procedures 

this title provides to the Commission, the Attorney General, 

the Librarian of Congress, or any person, respectively, alleging 

an unlawful employment practice in violation of this title 

against an employee or applicant described in section 

201(2)(A)(v), except as provided in paragraphs (2) and (3). 

(2) COSTS AND FEES.—The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of 

the Revised Statutes of the United States (42 U.S.C. 1988), 

shall be powers, remedies, and procedures this title provides 


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to the Commission, the Attorney General, the Librarian of 

Congress, or any person, alleging such a practice. 

(3) DAMAGES.—The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United 

States (42 U.S.C. 1981a), including the limitations contained 

in subsection (b)(3) of such section 1977A, shall be powers, 

remedies, and procedures this title provides to the Commission, 

the Attorney General, the Librarian of Congress, or any person, 

alleging such a practice (not an employment practice specifically 

excluded from coverage under section 1977A(a)(1) of the Revised 

Statutes of the United States). 

(f) PROHIBITION AGAINST RETALIATION.—No person shall 

discriminate against any individual because such individual has 

opposed any act or practice made unlawful by this title or because 

such individual made a charge, testified, assisted, or participated 

in any manner in an investigation, proceeding, or hearing under 

this title. The remedies and procedures otherwise provided for under 

this section shall be available to aggrieved individuals with respect 

to violations of this subsection. 

(g) DEFINITION.—In this section, the term ‘‘Commission’’ means 

the Equal Employment Opportunity Commission. 

SEC. 208. DISPARATE IMPACT. 

(a) GENERAL RULE.—Notwithstanding any other provision of 

this Act, ‘‘disparate impact’’, as that term is used in section 703(k) 

of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2(k)), on the 

basis of genetic information does not establish a cause of action 

under this Act. 

(b) COMMISSION.—On the date that is 6 years after the date 

of enactment of this Act, there shall be established a commission, 

to be known as the Genetic Nondiscrimination Study Commission 

(referred to in this section as the ‘‘Commission’’) to review the 

developing science of genetics and to make recommendations to 

Congress regarding whether to provide a disparate impact cause 

of action under this Act. 

(c) MEMBERSHIP.— 

(1) IN GENERAL.—The Commission shall be composed of 

8 members, of which— 

(A) 1 member shall be appointed by the Majority 

Leader of the Senate; 

(B) 1 member shall be appointed by the Minority 

Leader of the Senate; 

(C) 1 member shall be appointed by the Chairman 

of the Committee on Health, Education, Labor, and Pensions of the Senate; 

(D) 1 member shall be appointed by the ranking 

minority member of the Committee on Health, Education, 

Labor, and Pensions of the Senate; 

(E) 1 member shall be appointed by the Speaker of 

the House of Representatives; 

(F) 1 member shall be appointed by the Minority 

Leader of the House of Representatives; 

(G) 1 member shall be appointed by the Chairman 

of the Committee on Education and Labor of the House 

of Representatives; and 

Effective date. 

Establishment. 

42 USC 2000ff–7. 


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(H) 1 member shall be appointed by the ranking 

minority member of the Committee on Education and Labor 

of the House of Representatives. 

(2) COMPENSATION AND EXPENSES.—The members of the 

Commission shall not receive compensation for the performance 

of services for the Commission, but shall be allowed travel 

expenses, including per diem in lieu of subsistence, at rates 

authorized for employees of agencies under subchapter I of 

chapter 57 of title 5, United States Code, while away from 

their homes or regular places of business in the performance 

of services for the Commission. 

(d) ADMINISTRATIVE PROVISIONS.— (1) LOCATION.—The Commission shall be located in a 

facility maintained by the Equal Employment Opportunity 

Commission. 

(2) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal 

Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. 

(3) INFORMATION FROM FEDERAL AGENCIES.—The Commission may secure directly from any Federal department or agency 

such information as the Commission considers necessary to 

carry out the provisions of this section. Upon request of the 

Commission, the head of such department or agency shall furnish such information to the Commission. 

(4) HEARINGS.—The Commission may hold such hearings, 

sit and act at such times and places, take such testimony, 

and receive such evidence as the Commission considers advisable to carry out the objectives of this section, except that, 

to the extent possible, the Commission shall use existing data 

and research. 

(5) POSTAL SERVICES.—The Commission may use the United 

States mails in the same manner and under the same conditions 

as other departments and agencies of the Federal Government. 

(e) REPORT.—Not later than 1 year after all of the members 

are appointed to the Commission under subsection (c)(1), the 

Commission shall submit to Congress a report that summarizes 

the findings of the Commission and makes such recommendations 

for legislation as are consistent with this Act. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Equal Employment Opportunity Commission such sums as may be necessary to carry out this section. 

SEC. 209. CONSTRUCTION. 

(a) IN GENERAL.—Nothing in this title shall be construed to— 

(1) 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 or protections 

provided for under this title, including the 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 (42 U.S.C. 12112)), or 

under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); 

(2)(A) limit the rights or protections of an individual to 

bring an action under this title against an employer, employment agency, labor organization, or joint labor-management 

committee for a violation of this title; or 

42 USC 2000ff–8. 


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(B) provide for enforcement of, or penalties for violation 

of, any requirement or prohibition applicable to any employer, 

employment agency, labor organization, or joint labor-management committee subject to enforcement for a violation under— 

(i) the amendments made by title I of this Act; 

(ii)(I) subsection (a) of section 701 of the Employee 

Retirement Income Security Act of 1974 as such section 

applies with respect to genetic information pursuant to 

subsection (b)(1)(B) of such section; 

(II) section 702(a)(1)(F) of such Act; or 

(III) section 702(b)(1) of such Act as such section 

applies with respect to genetic information as a health 

status-related factor; 

(iii)(I) subsection (a) of section 2701 of the Public 

Health Service Act as such section applies with respect 

to genetic information pursuant to subsection (b)(1)(B) of 

such section; 

(II) section 2702(a)(1)(F) of such Act; or 

(III) section 2702(b)(1) of such Act as such section 

applies with respect to genetic information as a health 

status-related factor; or 

(iv)(I) subsection (a) of section 9801 of the Internal 

Revenue Code of 1986 as such section applies with respect 

to genetic information pursuant to subsection (b)(1)(B) of 

such section; 

(II) section 9802(a)(1)(F) of such Act; or 

(III) section 9802(b)(1) of such Act as such section 

applies with respect to genetic information as a health 

status-related factor; 

(3) apply to the Armed Forces Repository of Specimen 

Samples for the Identification of Remains; 

(4) limit or expand the protections, rights, or obligations 

of employees or employers under applicable workers’ compensation laws; 

(5) limit the authority of a Federal department or agency 

to conduct or sponsor occupational or other health research 

that is conducted in compliance with the regulations contained 

in part 46 of title 45, Code of Federal Regulations (or any 

corresponding or similar regulation or rule); 

(6) 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; or 

(7) require any specific benefit for an employee or member 

or a family member of an employee or member under any 

group health plan or health insurance issuer offering group 

health insurance coverage in connection with a group health 

plan. 

(b) GENETIC INFORMATION OF A FETUS OR EMBRYO.—Any reference in this title to genetic information concerning an individual 

or family member of an individual shall— 

(1) with respect to such an individual or family member 

of an individual who is a pregnant woman, include genetic 

information of any fetus carried by such pregnant woman; 

and 

Applicability. 


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(2) with respect to an individual or family member utilizing 

an assisted reproductive technology, include genetic information 

of any embryo legally held by the individual or family member. 

(c) RELATION TO AUTHORITIES UNDER TITLE I.—With respect 

to a group health plan, or a health insurance issuer offering group 

health insurance coverage in connection with a group health plan, 

this title does not prohibit any activity of such plan or issuer 

that is authorized for the plan or issuer under any provision of 

law referred to in clauses (i) through (iv) of subsection (a)(2)(B). 

SEC. 210. MEDICAL INFORMATION THAT IS NOT GENETIC INFORMATION. 

An employer, employment agency, labor organization, or joint 

labor-management committee shall not be considered to be in violation of this title based on the use, acquisition, or disclosure of 

medical information that is not genetic information about a manifested disease, disorder, or pathological condition of an employee 

or member, including a manifested disease, disorder, or pathological 

condition that has or may have a genetic basis. 

SEC. 211. REGULATIONS. 

Not later than 1 year after the date of enactment of this 

title, the Commission shall issue final regulations to carry out 

this title. 

SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as may 

be necessary to carry out this title (except for section 208). 

SEC. 213. EFFECTIVE DATE. 

This title takes effect on the date that is 18 months after 

the date of enactment of this Act. 

TITLE III—MISCELLANEOUS 

PROVISIONS 

SEC. 301. SEVERABILITY. 

If any provision of this Act, an amendment made by this 

Act, or the application of such provision or amendment to any 

person or circumstance is held to be unconstitutional, the remainder 

of this Act, the amendments made by this Act, and the application 

of such provisions to any person or circumstance shall not be 

affected thereby. 

SEC. 302. CHILD LABOR PROTECTIONS. 

(a) IN GENERAL.—Section 16(e) of the Fair Labor Standards 

Act of 1938 (29 U.S.C. 216(e)) is amended to read as follows: 

‘‘(e)(1)(A) Any person who violates the provisions of sections 

12 or 13(c), relating to child labor, or any regulation issued pursuant 

to such sections, shall be subject to a civil penalty not to exceed— 

‘‘(i) $11,000 for each employee who was the subject 

of such a violation; or 

‘‘(ii) $50,000 with regard to each such violation 

that causes the death or serious injury of any employee 

under the age of 18 years, which penalty may be doubled where the violation is a repeated or willful violation. 

Penalties. 

42 USC 2000ff 

note. 

42 USC 2000ff 

note. 

42 USC 

2000ff–11. 

Deadline. 

42 USC 

2000ff–10. 

42 USC 2000ff–9. 


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‘‘(B) For purposes of subparagraph (A), the term ‘serious injury’ 

means— 

‘‘(i) permanent loss or substantial impairment of one of 

the senses (sight, hearing, taste, smell, tactile sensation); 

‘‘(ii) permanent loss or substantial impairment of the function of a bodily member, organ, or mental faculty, including 

the loss of all or part of an arm, leg, foot, hand or other 

body part; or 

‘‘(iii) permanent paralysis or substantial impairment that 

causes loss of movement or mobility of an arm, leg, foot, hand 

or other body part. 

‘‘(2) Any person who repeatedly or willfully violates section 

6 or 7, relating to wages, shall be subject to a civil penalty not 

to exceed $1,100 for each such violation. 

‘‘(3) In determining the amount of any penalty under this 

subsection, the appropriateness of such penalty to the size of the 

business of the person charged and the gravity of the violation 

shall be considered. The amount of any penalty under this subsection, when finally determined, may be— 

‘‘(A) deducted from any sums owing by the United States 

to the person charged; 

‘‘(B) recovered in a civil action brought by the Secretary 

in any court of competent jurisdiction, in which litigation the 

Secretary shall be represented by the Solicitor of Labor; or 

‘‘(C) ordered by the court, in an action brought for a violation of section 15(a)(4) or a repeated or willful violation of 

section 15(a)(2), to be paid to the Secretary. 

‘‘(4) Any administrative determination by the Secretary of the 

amount of any penalty under this subsection shall be final, unless 

within 15 days after receipt of notice thereof by certified mail 

the person charged with the violation takes exception to the determination that the violations for which the penalty is imposed 

occurred, in which event final determination of the penalty shall 

be made in an administrative proceeding after opportunity for 

hearing in accordance with section 554 of title 5, United States 

Code, and regulations to be promulgated by the Secretary. 

‘‘(5) Except for civil penalties collected for violations of section 

12, sums collected as penalties pursuant to this section shall be 

applied toward reimbursement of the costs of determining the violations and assessing and collecting such penalties, in accordance 

with the provision of section 2 of the Act entitled ‘An Act to 

authorize the Department of Labor to make special statistical 

studies upon payment of the cost thereof and for other purposes’ 

(29 U.S.C. 9a). Civil penalties collected for violations of section 

12 shall be deposited in the general fund of the Treasury.’’. 

Deadline. 

Notification. 

Regulations. 


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LEGISLATIVE HISTORY—H.R. 493 (S. 358): 

HOUSE REPORTS: No. 110–28, Pt. 1 (Comm. on Education and Labor), Pt. 2 

(Comm. on Ways and Means), and Pts. 3 and 4 (Comm. on Energy and Commerce). 

SENATE REPORTS: No. 110–48 accompanying S. 358 (Comm. on Health, Education, Labor, and Pensions). 

CONGRESSIONAL RECORD: 

Vol. 153 (2007): Apr. 25, considered and passed House. 

Vol. 154 (2008): Apr. 24, considered and passed Senate, amended. 

May 1, House concurred in Senate amendment. 

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008): 

May 21, Presidential remarks. 

Æ 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act. 

Approved May 21, 2008. 

29 USC 216 note. 


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