IB 

Union Calendar No. 46 

110TH CONGRESS 

1ST SESSION H. R. 493 

[Report No. 110–28, Parts I, II, and III] 

To prohibit discrimination on the basis of genetic information with respect 

to health insurance and employment. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 16, 2007 

Ms. SLAUGHTER (for herself, Mrs. BIGGERT, Ms. ESHOO, Mr. WALDEN of Oregon, Mr. GEORGE MILLER of California, Mr. DINGELL, Mr. RANGEL, 

Mr. ACKERMAN, Mr. ALEXANDER, Mr. ALLEN, Mr. BACHUS, Mr. BAKER, 

Ms. BALDWIN, Mr. BARTLETT of Maryland, Mr. BILIRAKIS, Mrs. 

BLACKBURN, Mr. BLUMENAUER, Mrs. BONO, Mr. BOUSTANY, Mr. 

BROWN of South Carolina, Ms. GINNY BROWN-WAITE of Florida, Mr. 

BURTON of Indiana, Mr. CALVERT, Mrs. CAPITO, Mrs. CAPPS, Mr. 

CAPUANO, Mr. CASTLE, Mr. CHABOT, Mr. CHANDLER, Mr. COLE of 

Oklahoma, Mr. CONAWAY, Mr. CONYERS, Mrs. DAVIS of California, Mr. 

TOM DAVIS of Virginia, Mr. DAVIS of Kentucky, Ms. DEGETTE, Mr. 

DICKS, Mr. DOGGETT, Mrs. DRAKE, Mr. DUNCAN, Mr. EHLERS, Mr. 

EMANUEL, Mrs. EMERSON, Mr. ENGEL, Mr. ENGLISH of Pennsylvania, 

Mr. FARR, Mr. FERGUSON, Mr. FRELINGHUYSEN, Mr. GALLEGLY, Mr. 

GERLACH, Mr. GILCHREST, Mr. GILLMOR, Mr. GOHMERT, Ms. GRANGER, 

Mr. GENE GREEN of Texas, Mr. GRIJALVA, Mr. HALL of Texas, Mr. 

HASTINGS of Washington, Mr. HERGER, Ms. HERSETH, Mr. HINOJOSA, 

Ms. HIRONO, Mr. HOBSON, Mr. HOEKSTRA, Ms. HOOLEY, Mr. HUNTER, 

Mr. ISRAEL, Mr. JOHNSON of Illinois, Mr. JONES of North Carolina, Mr. 

KANJORSKI, Mr. KENNEDY, Mr. KILDEE, Mr. KING of New York, Mr. 

KIRK, Mr. KUCINICH, Mr. KUHL of New York, Mr. LAHOOD, Mr. 

LATHAM, Mr. LEWIS of Kentucky, Mr. LIPINSKI, Mr. LOBIONDO, Ms. 

ZOE LOFGREN of California, Mr. LUCAS, Mrs. MALONEY of New York, 

Mr. MANZULLO, Mr. MARCHANT, Mr. MCCAUL of Texas, Ms. MCCOLLUM

of Minnesota, Mr. MCCOTTER, Mr. MCHUGH, Mr. MCNULTY, Mr. MICA, 

Mr. MORAN of Virginia, Mrs. MYRICK, Mr. NEUGEBAUER, Mr. NORWOOD, Mr. OLVER, Mr. PEARCE, Mr. PITTS, Mr. PLATTS, Mr. PORTER, 

Mr. PRICE of North Carolina, Ms. PRYCE of Ohio, Mr. PUTNAM, Mr. 

RAMSTAD, Mr. REGULA, Mr. REICHERT, Mr. REYNOLDS, Mr. ROSKAM, 


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Ms. ROS-LEHTINEN, Mr. RYAN of Wisconsin, Mr. SAXTON, Ms. 

SCHAKOWSKY, Mr. SCHIFF, Mr. SESSIONS, Mr. SHAYS, Mr. SIMPSON, 

Ms. SOLIS, Mr. SOUDER, Mr. STARK, Mr. THOMPSON of California, Mr. 

TIBERI, Mr. TIERNEY, Mr. UDALL of New Mexico, Mr. UPTON, Mr. VAN

HOLLEN, Mr. WALSH of New York, Mr. WAMP, Ms. WATSON, Mr. WAXMAN, Mr. WELLER of Illinois, Mr. WEXLER, Mr. WHITFIELD, Mr. WICKER, Mr. WILSON of South Carolina, Mr. WOLF, Ms. WOOLSEY, Mr. 

YARMUTH, Mr. YOUNG of Florida, Mr. CROWLEY, Mr. HOLT, Mr. 

JINDAL, Mr. LATOURETTE, and Mr. TANCREDO) introduced the following 

bill; which was referred to the Committee on Education and Labor, and 

in addition to the Committees on Energy and Commerce and Ways and 

Means, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

MARCH 5, 2007 

Reported from the Committee on Education and Labor with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MARCH 5, 2007 

Referral to the Committees on Energy and Commerce and Ways and Means 

extended for a period ending not later than March 23, 2007 

MARCH 23, 2007 

Referral to the Committees on Energy and Commerce and Ways and Means 

extended for a period ending not later than March 26, 2007 

MARCH 26, 2007 

Reported from the Committee on Ways and Means with an amendment 

[Strike out all after the enacting clause and insert the part printed in boldface roman] 

MARCH 26, 2007 

Referral to the Committee on Energy and Commerce extended for a period 

ending not later than March 29, 2007 

MARCH 29, 2007 

Additional sponsors: Mr. HOYER, Ms. CASTOR, Mrs. JO ANN DAVIS of Virginia, Mr. ROTHMAN, Mr. FEENEY, Mr. POE, Mr. MEEHAN, Mr. 

DEFAZIO, Mr. WEINER, Mr. OBERSTAR, Mr. PALLONE, Mr. MCGOVERN, 

Mr. MILLER of North Carolina, Ms. NORTON, Mr. PASCRELL, Ms. 

SCHWARTZ, Mr. FRANK of Massachusetts, Mr. LARSON of Connecticut, 

Ms. HARMAN, Mr. LEWIS of Georgia, Mr. TOWNS, Mr. HINCHEY, Mr. 

WU, Mr. LANGEVIN, Mrs. MCCARTHY of New York, Mr. BERRY, Mr. 

CLAY, Mr. HIGGINS, Mrs. LOWEY, Mr. HARE, Mr. SPRATT, Mr. 

MCDERMOTT, Ms. LINDA T. SA ́NCHEZ of California, Ms. DELAURO, Mr. 

MOORE of Kansas, Mr. PAYNE, Mr. BERMAN, Mr. LEVIN, Mr. 

COURTNEY, Mr. MURTHA, Mr. CLEAVER, Mr. GORDON of Tennessee, Mr. 

BOUCHER, Mr. SESTAK, Mr. KIND, Mr. COSTELLO, Ms. SHEA-PORTER, 

Mr. ABERCROMBIE, Mr. CUMMINGS, Mr. SHERMAN, Mr. DOYLE, Mr. 

BISHOP of New York, Mr. SCOTT of Virginia, Mr. MARKEY, Mr. 

LOEBSACK, Mrs. MUSGRAVE, Ms. BERKLEY, Ms. SUTTON, Mr. STUPAK, 


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Mr. COHEN, Mr. MELANCON, Mr. OBEY, Mrs. TAUSCHER, Mr. PICKERING, Mr. MATHESON, Mr. WYNN, Mr. CRAMER, Mr. ETHERIDGE, Mr. 

ROSS, Ms. BEAN, Mr. RUSH, Mr. DAVIS of Illinois, Mr. ALTMIRE, Mr. 

GONZALEZ, Mr. COOPER, Mr. BUTTERFIELD, Mr. INSLEE, Mr. UDALL

of Colorado, Mr. DAVIS of Alabama, Mr. HILL, and Mr. FATTAH

MARCH 29, 2007 

Reported from the Committee on Energy and Commerce with an amendment; 

committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in boldface italic] 

[For text of introduced bill, see copy of bill as introduced on January 16, 2007] 

A BILL 

To prohibit discrimination on the basis of genetic information 

with respect to health insurance and employment. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Ge5 netic Information Nondiscrimination Act of 2007’’. 

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

7 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 title XVIII of the Social Security Act relating to 

medigap. 

Sec. 104. Privacy and confidentiality. 

Sec. 105. Assuring coordination. 

Sec. 106. Regulations; effective date. 


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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 PROVISION 

Sec. 301. Severability. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Deciphering the sequence of the human ge4 nome and other advances in genetics open major new 

5 opportunities for medical progress. New knowledge 

6 about the genetic basis of illness will allow for earlier 

7 detection of illnesses, often before symptoms have 

8 begun. Genetic testing can allow individuals to take 

9 steps to reduce the likelihood that they will contract 

10 a particular disorder. New knowledge about genetics 

11 may allow for the development of better therapies that 

12 are more effective against disease or have fewer side 

13 effects than current treatments. These advances give 

14 rise to the potential misuse of genetic information to 

15 discriminate in health insurance and employment. 


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

2 of State laws that provided for the sterilization of 

3 persons having presumed genetic ‘‘defects’’ such as 

4 mental retardation, mental disease, epilepsy, blind5 ness, and hearing loss, among other conditions. The 

6 first sterilization law was enacted in the State of In7 diana in 1907. By 1981, a majority of States adopted 

8 sterilization laws to ‘‘correct’’ apparent genetic traits 

9 or tendencies. Many of these State laws have since 

10 been repealed, and many have been modified to in11 clude essential constitutional requirements of due 

12 process and equal protection. However, the current ex13 plosion in the science of genetics, and the history of 

14 sterilization laws by the States based on early genetic 

15 science, compels Congressional action in this area. 

16 (3) Although genes are facially neutral markers, 

17 many genetic conditions and disorders are associated 

18 with particular racial and ethnic groups and gender. 

19 Because some genetic traits are most prevalent in 

20 particular groups, members of a particular group 

21 may be stigmatized or discriminated against as a re22 sult of that genetic information. This form of dis23 crimination was evident in the 1970s, which saw the 

24 advent of programs to screen and identify carriers of 

25 sickle cell anemia, a disease which afflicts AfricanVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H493.RH H493

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1 Americans. Once again, State legislatures began to 

2 enact discriminatory laws in the area, and in the 

3 early 1970s began mandating genetic screening of all 

4 African Americans for sickle cell anemia, leading to 

5 discrimination and unnecessary fear. To alleviate 

6 some of this stigma, Congress in 1972 passed the Na7 tional Sickle Cell Anemia Control Act, which with8 holds Federal funding from States unless sickle cell 

9 testing is voluntary. 

10 (4) Congress has been informed of examples of 

11 genetic discrimination in the workplace. These in12 clude the use of pre-employment genetic screening at 

13 Lawrence Berkeley Laboratory, which led to a court 

14 decision in favor of the employees in that case Nor15 man-Bloodsaw v. Lawrence Berkeley Laboratory (135 

16 F.3d 1260, 1269 (9th Cir. 1998)). Congress clearly 

17 has a compelling public interest in relieving the fear 

18 of discrimination and in prohibiting its actual prac19 tice in employment and health insurance. 

20 (5) Federal law addressing genetic discrimina21 tion in health insurance and employment is incom22 plete in both the scope and depth of its protections. 

23 Moreover, while many States have enacted some type 

24 of genetic non-discrimination law, these laws vary 

25 widely with respect to their approach, application, 


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1 and level of protection. Congress has collected substan2 tial evidence that the American public and the med3 ical community find the existing patchwork of State 

4 and Federal laws to be confusing and inadequate to 

5 protect them from discrimination. Therefore Federal 

6 legislation establishing a national and uniform basic 

7 standard is necessary to fully protect the public from 

8 discrimination and allay their concerns about the po9 tential for discrimination, thereby allowing individ10 uals to take advantage of genetic testing, technologies, 

11 research, and new therapies. 

12 TITLE I—GENETIC NON13 DISCRIMINATION IN HEALTH 

14 INSURANCE 

15 SEC. 101. AMENDMENTS TO EMPLOYEE RETIREMENT IN16 COME SECURITY ACT OF 1974. 

17 (a) PROHIBITION OF HEALTH DISCRIMINATION ON

18 THE BASIS OF GENETIC INFORMATION OR GENETIC SERV19 ICES.— 

20 (1) NO ENROLLMENT RESTRICTION FOR GENETIC

21 SERVICES.—Section 702(a)(1)(F) of the Employee Re22 tirement Income Security Act of 1974 (29 U.S.C. 

23 1182(a)(1)(F)) is amended by inserting before the pe24 riod the following: ‘‘(including information about a 


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1 request for or receipt of genetic services by an indi2 vidual or family member of such individual)’’. 

3 (2) NO DISCRIMINATION IN GROUP PREMIUMS

4 BASED ON GENETIC INFORMATION.—Section 702(b) of 

5 the Employee Retirement Income Security Act of 

6 1974 (29 U.S.C. 1182(b)) is amended— 

7 (A) in paragraph (2)(A), by inserting before 

8 the semicolon the following: ‘‘except as provided 

9 in paragraph (3)’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(3) NO DISCRIMINATION IN GROUP PREMIUMS

12 BASED ON GENETIC INFORMATION.—For purposes of 

13 this section, a group health plan, or a health insur14 ance issuer offering group health insurance coverage 

15 in connection with a group health plan, shall not ad16 just premium or contribution amounts for a group on 

17 the basis of genetic information concerning an indi18 vidual in the group or a family member of the indi19 vidual (including information about a request for or 

20 receipt of genetic services by an individual or family 

21 member of such individual).’’. 

22 (b) LIMITATIONS ON GENETIC TESTING.—Section 702 

23 of the Employee Retirement Income Security Act of 1974 

24 (29 U.S.C. 1182) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(c) GENETIC TESTING.— 

2 ‘‘(1) LIMITATION ON REQUESTING OR REQUIRING

3 GENETIC TESTING.—A group health plan, or a health 

4 insurance issuer offering health insurance coverage in 

5 connection with a group health plan, shall not request 

6 or require an individual or a family member of such 

7 individual to undergo a genetic test. 

8 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

9 part shall be construed to— 

10 ‘‘(A) limit the authority of a health care 

11 professional who is providing health care services 

12 with respect to an individual to request that 

13 such individual or a family member of such in14 dividual undergo a genetic test; 

15 ‘‘(B) limit the authority of a health care 

16 professional who is employed by or affiliated 

17 with a group health plan or a health insurance 

18 issuer and who is providing health care services 

19 to an individual as part of a bona fide wellness 

20 program to notify such individual of the avail21 ability of a genetic test or to provide information 

22 to such individual regarding such genetic test; or 

23 ‘‘(C) authorize or permit a health care pro24 fessional to require that an individual undergo a 

25 genetic test. 


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1 ‘‘(d) APPLICATION TO ALL PLANS.—The provisions of 

2 subsections (a)(1)(F), (b)(3), and (c) shall apply to group 

3 health plans and health insurance issuers without regard 

4 to section 732(a). 

5 ‘‘(e) GENETIC INFORMATION OF A FETUS.—Any ref6 erence in this section to genetic information concerning an 

7 individual or family member of an individual shall, with 

8 respect to such an individual or family member of an indi9 vidual who is a pregnant woman, include genetic informa10 tion of any fetus carried by such pregnant woman.’’. 

11 (c) DEFINITIONS.—Section 733(d) of the Employee Re12 tirement Income Security Act of 1974 (29 U.S.C. 1191b(d)) 

13 is amended by adding at the end the following: 

14 ‘‘(5) FAMILY MEMBER.—The term ‘family mem15 ber’ means with respect to an individual— 

16 ‘‘(A) the spouse of the individual; 

17 ‘‘(B) a dependent child of the individual; 

18 and 

19 ‘‘(C) any other individual who is a first-de20 gree, second-degree, third-degree, or fourth-degree 

21 relative of an individual described in subpara22 graph (A) or (B). 

23 ‘‘(6) GENETIC INFORMATION.— 


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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the term ‘genetic information’ 

3 means information about— 

4 ‘‘(i) an individual’s genetic tests; 

5 ‘‘(ii) the genetic tests of family mem6 bers of the individual; or 

7 ‘‘(iii) the occurrence of a disease or 

8 disorder in family members of the indi9 vidual. 

10 ‘‘(B) EXCLUSIONS.—The term ‘genetic in11 formation’ shall not include information about 

12 the sex or age of an individual. 

13 ‘‘(7) GENETIC TEST.— 

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

15 means an analysis of human DNA, RNA, chro16 mosomes, proteins, or metabolites, that detects 

17 genotypes, mutations, or chromosomal changes. 

18 ‘‘(B) EXCEPTIONS.—The term ‘genetic test’ 

19 does not mean— 

20 ‘‘(i) an analysis of proteins or metabo21 lites that does not detect genotypes, 

22 mutations, or chromosomal changes; or 

23 ‘‘(ii) an analysis of proteins or me24 tabolites that is directly related to a mani25 fested disease, disorder, or pathological conVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H493.RH H493

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1 dition that could reasonably be detected by 

2 a health care professional with appropriate 

3 training and expertise in the field of medi4 cine involved. 

5 ‘‘(8) GENETIC SERVICES.—The term ‘genetic 

6 services’ means— 

7 ‘‘(A) a genetic test; 

8 ‘‘(B) genetic counseling (including obtain9 ing, interpreting, or assessing genetic informa10 tion); or 

11 ‘‘(C) genetic education.’’. 

12 (d) ERISA ENFORCEMENT.—Section 502 of the Em13 ployee Retirement Income Security Act of 1974 (29 U.S.C. 

14 1132) is amended— 

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

16 and inserting ‘‘(7), (8), or (9)’’; and 

17 (2) in subsection (c), by redesignating paragraph 

18 (9) as paragraph (10), and by inserting after para19 graph (8) the following new paragraph: 

20 ‘‘(9) SECRETARIAL ENFORCEMENT AUTHORITY

21 RELATING TO USE OF GENETIC INFORMATION.— 

22 ‘‘(A) GENERAL RULE.—The Secretary may 

23 impose a penalty against any plan sponsor of a 

24 group health plan, or any health insurance 

25 issuer offering health insurance coverage in conVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H493.RH H493

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1 nection with the plan, for any failure by such 

2 sponsor or issuer to meet the requirements of 

3 subsection (a)(1)(F), (b)(3), or (c) of section 702 

4 or of section 714 in connection with the plan. 

5 ‘‘(B) AMOUNT.— 

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

7 penalty imposed by subparagraph (A) shall 

8 be $100 for each day in the noncompliance 

9 period with respect to each participant or 

10 beneficiary to whom such failure relates. 

11 ‘‘(ii) NONCOMPLIANCE PERIOD.—For 

12 purposes of this paragraph, the term ‘non13 compliance period’ means, with respect to 

14 any failure, the period— 

15 ‘‘(I) beginning on the date such 

16 failure first occurs; and 

17 ‘‘(II) ending on the date such fail18 ure is corrected. 

19 ‘‘(C) MINIMUM PENALTIES WHERE FAILURE

20 DISCOVERED.—Notwithstanding clauses (i) and 

21 (ii) of subparagraph (D): 

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

23 more failures with respect to a participant 

24 or beneficiary— 


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1 ‘‘(I) which are not corrected before 

2 the date on which the plan receives a 

3 notice from the Secretary of such viola4 tion; and 

5 ‘‘(II) which occurred or continued 

6 during the period involved; 

7 the amount of penalty imposed by subpara8 graph (A) by reason of such failures with 

9 respect to such participant or beneficiary 

10 shall not be less than $2,500. 

11 ‘‘(ii) HIGHER MINIMUM PENALTY

12 WHERE VIOLATIONS ARE MORE THAN DE

13 MINIMIS.—To the extent violations for 

14 which any person is liable under this para15 graph for any year are more than de mini16 mis, clause (i) shall be applied by sub17 stituting ‘$15,000’ for ‘$2,500’ with respect 

18 to such person. 

19 ‘‘(D) LIMITATIONS.— 

20 ‘‘(i) PENALTY NOT TO APPLY WHERE

21 FAILURE NOT DISCOVERED EXERCISING

22 REASONABLE DILIGENCE.—No penalty shall 

23 be imposed by subparagraph (A) on any 

24 failure during any period for which it is es25 tablished to the satisfaction of the Secretary 


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1 that the person otherwise liable for such 

2 penalty did not know, and exercising rea3 sonable diligence would not have known, 

4 that such failure existed. 

5 ‘‘(ii) PENALTY NOT TO APPLY TO FAIL6 URES CORRECTED WITHIN CERTAIN PERI7 ODS.—No penalty shall be imposed by sub8 paragraph (A) on any failure if— 

9 ‘‘(I) such failure was due to rea10 sonable cause and not to willful ne11 glect; and 

12 ‘‘(II) such failure is corrected dur13 ing the 30-day period beginning on the 

14 first date the person otherwise liable 

15 for such penalty knew, or exercising 

16 reasonable diligence would have known, 

17 that such failure existed. 

18 ‘‘(iii) OVERALL LIMITATION FOR UNIN19 TENTIONAL FAILURES.—In the case of fail20 ures which are due to reasonable cause and 

21 not to willful neglect, the penalty imposed 

22 by subparagraph (A) for failures shall not 

23 exceed the amount equal to the lesser of— 

24 ‘‘(I) 10 percent of the aggregate 

25 amount paid or incurred by the plan 


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1 sponsor (or predecessor plan sponsor) 

2 during the preceding taxable year for 

3 group health plans; or 

4 ‘‘(II) $500,000. 

5 ‘‘(E) WAIVER BY SECRETARY.—In the case 

6 of a failure which is due to reasonable cause and 

7 not to willful neglect, the Secretary may waive 

8 part or all of the penalty imposed by subpara9 graph (A) to the extent that the payment of such 

10 penalty would be excessive relative to the failure 

11 involved. 

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

13 paragraph which are defined in section 733 shall 

14 have the meanings provided such terms in such 

15 section.’’. 

16 (e) REGULATIONS AND EFFECTIVE DATE.— 

17 (1) REGULATIONS.—The Secretary of Labor shall 

18 issue final regulations not later than 1 year after the 

19 date of enactment of this Act to carry out the amend20 ments made by this section. 

21 (2) EFFECTIVE DATE.—The amendments made 

22 by this section shall apply with respect to group 

23 health plans for plan years beginning after the date 

24 that is 18 months after the date of enactment of this 

25 title. 


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1 SEC. 102. AMENDMENTS TO THE PUBLIC HEALTH SERVICE 

2 ACT. 

3 (a) AMENDMENTS RELATING TO THE GROUP MAR4 KET.— 

5 (1) PROHIBITION OF HEALTH DISCRIMINATION

6 ON THE BASIS OF GENETIC INFORMATION OR GENETIC

7 SERVICES.— 

8 (A) NO ENROLLMENT RESTRICTION FOR GE9 NETIC SERVICES.—Section 2702(a)(1)(F) of the 

10 Public Health Service Act (42 U.S.C. 300gg– 

11 1(a)(1)(F)) is amended by inserting before the 

12 period the following: ‘‘(including information 

13 about a request for or receipt of genetic services 

14 by an individual or family member of such indi15 vidual)’’. 

16 (B) NO DISCRIMINATION IN GROUP PRE17 MIUMS BASED ON GENETIC INFORMATION.—Sec18 tion 2702(b) of the Public Health Service Act (42 

19 U.S.C. 300gg–1(b)) is amended— 

20 (i) in paragraph (2)(A), by inserting 

21 before the semicolon the following: ‘‘, except 

22 as provided in paragraph (3)’’; and 

23 (ii) by adding at the end the following: 

24 ‘‘(3) NO DISCRIMINATION IN GROUP PREMIUMS

25 BASED ON GENETIC INFORMATION.—For purposes of 

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1 ance issuer offering group health insurance coverage 

2 in connection with a group health plan, shall not ad3 just premium or contribution amounts for a group on 

4 the basis of genetic information concerning an indi5 vidual in the group or a family member of the indi6 vidual (including information about a request for or 

7 receipt of genetic services by an individual or family 

8 member of such individual).’’. 

9 (2) LIMITATIONS ON GENETIC TESTING.—Section 

10 2702 of the Public Health Service Act (42 U.S.C. 

11 300gg–1) is amended by adding at the end the fol12 lowing: 

13 ‘‘(c) GENETIC TESTING.— 

14 ‘‘(1) LIMITATION ON REQUESTING OR REQUIRING

15 GENETIC TESTING.—A group health plan, or a health 

16 insurance issuer offering health insurance coverage in 

17 connection with a group health plan, shall not request 

18 or require an individual or a family member of such 

19 individual to undergo a genetic test. 

20 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

21 part shall be construed to— 

22 ‘‘(A) limit the authority of a health care 

23 professional who is providing health care services 

24 with respect to an individual to request that 


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1 such individual or a family member of such in2 dividual undergo a genetic test; 

3 ‘‘(B) limit the authority of a health care 

4 professional who is employed by or affiliated 

5 with a group health plan or a health insurance 

6 issuer and who is providing health care services 

7 to an individual as part of a bona fide wellness 

8 program to notify such individual of the avail9 ability of a genetic test or to provide information 

10 to such individual regarding such genetic test; or 

11 ‘‘(C) authorize or permit a health care pro12 fessional to require that an individual undergo a 

13 genetic test. 

14 ‘‘(d) APPLICATION TO ALL PLANS.—The provisions of 

15 subsections (a)(1)(F), (b)(3), and (c) shall apply to group 

16 health plans and health insurance issuers without regard 

17 to section 2721(a).’’. 

18 (3) REMEDIES AND ENFORCEMENT.—Section 

19 2722(b) of the Public Health Service Act (42 U.S.C. 

20 300gg–22(b)) is amended by adding at the end the fol21 lowing: 

22 ‘‘(3) ENFORCEMENT AUTHORITY RELATING TO

23 GENETIC DISCRIMINATION.— 

24 ‘‘(A) GENERAL RULE.—In the cases de25 scribed in paragraph (1), notwithstanding the 


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1 provisions of paragraph (2)(C), the following 

2 provisions shall apply with respect to an action 

3 under this subsection by the Secretary with re4 spect to any failure of a health insurance issuer 

5 in connection with a group health plan, to meet 

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

7 or (c) of section 2702. 

8 ‘‘(B) AMOUNT.— 

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

10 penalty imposed under this paragraph shall 

11 be $100 for each day in the noncompliance 

12 period with respect to each individual to 

13 whom such failure relates. 

14 ‘‘(ii) NONCOMPLIANCE PERIOD.—For 

15 purposes of this paragraph, the term ‘non16 compliance period’ means, with respect to 

17 any failure, the period— 

18 ‘‘(I) beginning on the date such 

19 failure first occurs; and 

20 ‘‘(II) ending on the date such fail21 ure is corrected. 

22 ‘‘(C) MINIMUM PENALTIES WHERE FAILURE

23 DISCOVERED.—Notwithstanding clauses (i) and 

24 (ii) of subparagraph (D): 


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

2 more failures with respect to an indi3 vidual— 

4 ‘‘(I) which are not corrected before 

5 the date on which the plan receives a 

6 notice from the Secretary of such viola7 tion; and 

8 ‘‘(II) which occurred or continued 

9 during the period involved; 

10 the amount of penalty imposed by subpara11 graph (A) by reason of such failures with 

12 respect to such individual shall not be less 

13 than $2,500. 

14 ‘‘(ii) HIGHER MINIMUM PENALTY

15 WHERE VIOLATIONS ARE MORE THAN DE

16 MINIMIS.—To the extent violations for 

17 which any person is liable under this para18 graph for any year are more than de mini19 mis, clause (i) shall be applied by sub20 stituting ‘$15,000’ for ‘$2,500’ with respect 

21 to such person. 

22 ‘‘(D) LIMITATIONS.— 

23 ‘‘(i) PENALTY NOT TO APPLY WHERE

24 FAILURE NOT DISCOVERED EXERCISING

25 REASONABLE DILIGENCE.—No penalty shall 


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1 be imposed by subparagraph (A) on any 

2 failure during any period for which it is es3 tablished to the satisfaction of the Secretary 

4 that the person otherwise liable for such 

5 penalty did not know, and exercising rea6 sonable diligence would not have known, 

7 that such failure existed. 

8 ‘‘(ii) PENALTY NOT TO APPLY TO FAIL9 URES CORRECTED WITHIN CERTAIN PERI10 ODS.—No penalty shall be imposed by sub11 paragraph (A) on any failure if— 

12 ‘‘(I) such failure was due to rea13 sonable cause and not to willful ne14 glect; and 

15 ‘‘(II) such failure is corrected dur16 ing the 30-day period beginning on the 

17 first date the person otherwise liable 

18 for such penalty knew, or exercising 

19 reasonable diligence would have known, 

20 that such failure existed. 

21 ‘‘(iii) OVERALL LIMITATION FOR UNIN22 TENTIONAL FAILURES.—In the case of fail23 ures which are due to reasonable cause and 

24 not to willful neglect, the penalty imposed 


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1 by subparagraph (A) for failures shall not 

2 exceed the amount equal to the lesser of— 

3 ‘‘(I) 10 percent of the aggregate 

4 amount paid or incurred by the em5 ployer (or predecessor employer) dur6 ing the preceding taxable year for 

7 group health plans; or 

8 ‘‘(II) $500,000. 

9 ‘‘(E) WAIVER BY SECRETARY.—In the case 

10 of a failure which is due to reasonable cause and 

11 not to willful neglect, the Secretary may waive 

12 part or all of the penalty imposed by subpara13 graph (A) to the extent that the payment of such 

14 penalty would be excessive relative to the failure 

15 involved.’’. 

16 (4) DEFINITIONS.—Section 2791(d) of the Public 

17 Health Service Act (42 U.S.C. 300gg–91(d)) is 

18 amended by adding at the end the following: 

19 ‘‘(15) FAMILY MEMBER.—The term ‘family mem20 ber’ means with respect to an individual— 

21 ‘‘(A) the spouse of the individual; 

22 ‘‘(B) a dependent child of the individual, 

23 including a child who is born to or placed for 

24 adoption with the individual; and 


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1 ‘‘(C) all other individuals related by blood 

2 to the individual or the spouse or child described 

3 in subparagraph (A) or (B). 

4 ‘‘(16) GENETIC INFORMATION.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), the term ‘genetic information’ 

7 means information about— 

8 ‘‘(i) an individual’s genetic tests; 

9 ‘‘(ii) the genetic tests of family mem10 bers of the individual; or 

11 ‘‘(iii) the occurrence of a disease or 

12 disorder in family members of the indi13 vidual. 

14 ‘‘(B) EXCLUSIONS.—The term ‘genetic in15 formation’ shall not include information about 

16 the sex or age of an individual. 

17 ‘‘(17) GENETIC TEST.— 

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

19 means an analysis of human DNA, RNA, chro20 mosomes, proteins, or metabolites, that detects 

21 genotypes, mutations, or chromosomal changes. 

22 ‘‘(B) EXCEPTIONS.—The term ‘genetic test’ 

23 does not mean— 


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1 ‘‘(i) an analysis of proteins or metabo2 lites that does not detect genotypes, 

3 mutations, or chromosomal changes; or 

4 ‘‘(ii) an analysis of proteins or me5 tabolites that is directly related to a mani6 fested disease, disorder, or pathological con7 dition that could reasonably be detected by 

8 a health care professional with appropriate 

9 training and expertise in the field of medi10 cine involved. 

11 ‘‘(18) GENETIC SERVICES.—The term ‘genetic 

12 services’ means— 

13 ‘‘(A) a genetic test; 

14 ‘‘(B) genetic counseling (such as obtaining, 

15 interpreting, or assessing genetic information); 

16 or 

17 ‘‘(C) genetic education.’’. 

18 (b) AMENDMENT RELATING TO THE INDIVIDUAL MAR19 KET.— 

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

21 of title XXVII of the Public Health Service Act (42 

22 U.S.C. 300gg–51 et seq.) (relating to other require23 ments) is amended— 

24 (A) by redesignating such subpart as sub25 part 2; and 


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1 (B) by adding at the end the following: 

2 ‘‘SEC. 2753. PROHIBITION OF HEALTH DISCRIMINATION ON 

3 THE BASIS OF GENETIC INFORMATION. 

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

5 CONDITION OF ELIGIBILITY.—A health insurance issuer of6 fering health insurance coverage in the individual market 

7 may not establish rules for the eligibility (including contin8 ued eligibility) of any individual to enroll in individual 

9 health insurance coverage based on genetic information (in10 cluding information about a request for or receipt of genetic 

11 services by an individual or family member of such indi12 vidual). 

13 ‘‘(b) PROHIBITION ON GENETIC INFORMATION IN SET14 TING PREMIUM RATES.—A health insurance issuer offering 

15 health insurance coverage in the individual market shall 

16 not adjust premium or contribution amounts for an indi17 vidual on the basis of genetic information concerning the 

18 individual or a family member of the individual (including 

19 information about a request for or receipt of genetic services 

20 by an individual or family member of such individual). 

21 ‘‘(c) GENETIC TESTING.— 

22 ‘‘(1) LIMITATION ON REQUESTING OR REQUIRING

23 GENETIC TESTING.—A health insurance issuer offer24 ing health insurance coverage in the individual mar25 ket shall not request or require an individual or a 


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1 family member of such individual to undergo a ge2 netic test. 

3 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

4 part shall be construed to— 

5 ‘‘(A) limit the authority of a health care 

6 professional who is providing health care services 

7 with respect to an individual to request that 

8 such individual or a family member of such in9 dividual undergo a genetic test; 

10 ‘‘(B) limit the authority of a health care 

11 professional who is employed by or affiliated 

12 with a health insurance issuer and who is pro13 viding health care services to an individual as 

14 part of a bona fide wellness program to notify 

15 such individual of the availability of a genetic 

16 test or to provide information to such individual 

17 regarding such genetic test; or 

18 ‘‘(C) authorize or permit a health care pro19 fessional to require that an individual undergo a 

20 genetic test.’’. 

21 (2) REMEDIES AND ENFORCEMENT.—Section 

22 2761(b) of the Public Health Service Act (42 U.S.C. 

23 300gg–61(b)) is amended to read as follows: 

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

25 Secretary shall have the same authority in relation to enVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\H493.RH H493

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1 forcement of the provisions of this part with respect to 

2 issuers of health insurance coverage in the individual mar3 ket in a State as the Secretary has under section 2722(b)(2), 

4 and section 2722(b)(3) with respect to violations of genetic 

5 nondiscrimination provisions, in relation to the enforce6 ment of the provisions of part A with respect to issuers of 

7 health insurance coverage in the small group market in the 

8 State.’’. 

9 (c) ELIMINATION OF OPTION OF NON-FEDERAL GOV10 ERNMENTAL PLANS TO BE EXCEPTED FROM REQUIRE11 MENTS CONCERNING GENETIC INFORMATION.—Section 

12 2721(b)(2) of the Public Health Service Act (42 U.S.C. 

13 300gg–21(b)(2)) is amended— 

14 (1) in subparagraph (A), by striking ‘‘If the 

15 plan sponsor’’ and inserting ‘‘Except as provided in 

16 subparagraph (D), if the plan sponsor’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(D) ELECTION NOT APPLICABLE TO RE19 QUIREMENTS CONCERNING GENETIC INFORMA20 TION.—The election described in subparagraph 

21 (A) shall not be available with respect to the pro22 visions of subsections (a)(1)(F) and (c) of section 

23 2702 and the provisions of section 2702(b) to the 

24 extent that such provisions apply to genetic in25 formation (or information about a request for or 


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1 the receipt of genetic services by an individual or 

2 a family member of such individual).’’. 

3 (d) REGULATIONS AND EFFECTIVE DATE.— 

4 (1) REGULATIONS.—Not later than 1 year after 

5 the date of enactment of this title, the Secretary of 

6 Health and Human Services shall issue final regula7 tions to carry out the amendments made by this sec8 tion. 

9 (2) EFFECTIVE DATE.—The amendments made 

10 by this section shall apply— 

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

12 health insurance coverage offered in connection 

13 with group health plans, for plan years begin14 ning after the date that is 18 months after the 

15 date of enactment of this title; and 

16 (B) with respect to health insurance cov17 erage offered, sold, issued, renewed, in effect, or 

18 operated in the individual market after the date 

19 that is 18 months after the date of enactment of 

20 this title. 

21 SEC. 103. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SE22 CURITY ACT RELATING TO MEDIGAP. 

23 (a) NONDISCRIMINATION.— 


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1 (1) IN GENERAL.—Section 1882(s)(2) of the So2 cial Security Act (42 U.S.C. 1395ss(s)(2)) is amended 

3 by adding at the end the following: 

4 ‘‘(E)(i) An issuer of a medicare supple5 mental policy shall not deny or condition the 

6 issuance or effectiveness of the policy, and shall 

7 not discriminate in the pricing of the policy (in8 cluding the adjustment of premium rates) of an 

9 eligible individual on the basis of genetic infor10 mation concerning the individual (or informa11 tion about a request for, or the receipt of, genetic 

12 services by such individual or family member of 

13 such individual). 

14 ‘‘(ii) For purposes of clause (i), the terms 

15 ‘family member’, ‘genetic services’, and ‘genetic 

16 information’ shall have the meanings given such 

17 terms in subsection (x).’’. 

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

19 paragraph (1) shall apply with respect to a policy for 

20 policy years beginning after the date that is 18 

21 months after the date of enactment of this Act. 

22 (b) LIMITATIONS ON GENETIC TESTING.— 

23 (1) IN GENERAL.—Section 1882 of the Social Se24 curity Act (42 U.S.C. 1395ss) is amended by adding 

25 at the end the following: 


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1 ‘‘(x) LIMITATIONS ON GENETIC TESTING.— 

2 ‘‘(1) GENETIC TESTING.— 

3 ‘‘(A) LIMITATION ON REQUESTING OR RE4 QUIRING GENETIC TESTING.—An issuer of a 

5 medicare supplemental policy shall not request 

6 or require an individual or a family member of 

7 such individual to undergo a genetic test. 

8 ‘‘(B) RULE OF CONSTRUCTION.—Nothing in 

9 this title shall be construed to— 

10 ‘‘(i) limit the authority of a health 

11 care professional who is providing health 

12 care services with respect to an individual 

13 to request that such individual or a family 

14 member of such individual undergo a ge15 netic test; 

16 ‘‘(ii) limit the authority of a health 

17 care professional who is employed by or af18 filiated with an issuer of a medicare supple19 mental policy and who is providing health 

20 care services to an individual as part of a 

21 bona fide wellness program to notify such 

22 individual of the availability of a genetic 

23 test or to provide information to such indi24 vidual regarding such genetic test; or 


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1 ‘‘(iii) authorize or permit a health care 

2 professional to require that an individual 

3 undergo a genetic test. 

4 ‘‘(2) DEFINITIONS.—In this subsection: 

5 ‘‘(A) FAMILY MEMBER.—The term ‘family 

6 member’ means with respect to an individual— 

7 ‘‘(i) the spouse of the individual; 

8 ‘‘(ii) a dependent child of the indi9 vidual, including a child who is born to or 

10 placed for adoption with the individual; or 

11 ‘‘(iii) any other individuals related by 

12 blood to the individual or to the spouse or 

13 child described in clause (i) or (ii). 

14 ‘‘(B) GENETIC INFORMATION.— 

15 ‘‘(i) IN GENERAL.—Except as provided 

16 in clause (ii), the term ‘genetic information’ 

17 means information about— 

18 ‘‘(I) an individual’s genetic tests; 

19 ‘‘(II) the genetic tests of family 

20 members of the individual; or 

21 ‘‘(III) the occurrence of a disease 

22 or disorder in family members of the 

23 individual. 


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1 ‘‘(ii) EXCLUSIONS.—The term ‘genetic 

2 information’ shall not include information 

3 about the sex or age of an individual. 

4 ‘‘(C) GENETIC TEST.— 

5 ‘‘(i) IN GENERAL.—The term ‘genetic 

6 test’ means an analysis of human DNA, 

7 RNA, chromosomes, proteins, or metabolites, 

8 that detects genotypes, mutations, or chro9 mosomal changes. 

10 ‘‘(ii) EXCEPTIONS.—The term ‘genetic 

11 test’ does not mean— 

12 ‘‘(I) an analysis of proteins or 

13 metabolites that does not detect 

14 genotypes, mutations, or chromosomal 

15 changes; or 

16 ‘‘(II) an analysis of proteins or 

17 metabolites that is directly related to a 

18 manifested disease, disorder, or patho19 logical condition that could reasonably 

20 be detected by a health care profes21 sional with appropriate training and 

22 expertise in the field of medicine in23 volved. 

24 ‘‘(D) GENETIC SERVICES.—The term ‘ge25 netic services’ means— 


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1 ‘‘(i) a genetic test; 

2 ‘‘(ii) genetic counseling (such as ob3 taining, interpreting, or assessing genetic 

4 information); or 

5 ‘‘(iii) genetic education. 

6 ‘‘(E) ISSUER OF A MEDICARE SUPPLE7 MENTAL POLICY.—The term ‘issuer of a medicare 

8 supplemental policy’ includes a third-party ad9 ministrator or other person acting for or on be10 half of such issuer.’’. 

11 (2) CONFORMING AMENDMENT.—Section 1882(o) 

12 of the Social Security Act (42 U.S.C. 1395ss(o)) is 

13 amended by adding at the end the following: 

14 ‘‘(4) The issuer of the medicare supplemental 

15 policy complies with subsection (s)(2)(E) and sub16 section (x).’’. 

17 (3) EFFECTIVE DATE.—The amendments made 

18 by this subsection shall apply with respect to an 

19 issuer of a medicare supplemental policy for policy 

20 years beginning on or after the date that is 18 months 

21 after the date of enactment of this Act. 

22 (c) TRANSITION PROVISIONS.— 

23 (1) IN GENERAL.—If the Secretary of Health and 

24 Human Services identifies a State as requiring a 

25 change to its statutes or regulations to conform its 


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1 regulatory program to the changes made by this sec2 tion, the State regulatory program shall not be con3 sidered to be out of compliance with the requirements 

4 of section 1882 of the Social Security Act due solely 

5 to failure to make such change until the date specified 

6 in paragraph (4). 

7 (2) NAIC STANDARDS.—If, not later than June 

8 30, 2008, the National Association of Insurance Com9 missioners (in this subsection referred to as the 

10 ‘‘NAIC’’) modifies its NAIC Model Regulation relat11 ing to section 1882 of the Social Security Act (re12 ferred to in such section as the 1991 NAIC Model 

13 Regulation, as subsequently modified) to conform to 

14 the amendments made by this section, such revised 

15 regulation incorporating the modifications shall be 

16 considered to be the applicable NAIC model regulation 

17 (including the revised NAIC model regulation and the 

18 1991 NAIC Model Regulation) for the purposes of 

19 such section. 

20 (3) SECRETARY STANDARDS.—If the NAIC does 

21 not make the modifications described in paragraph 

22 (2) within the period specified in such paragraph, the 

23 Secretary of Health and Human Services shall, not 

24 later than October 1, 2008, make the modifications 

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1 tion incorporating the modifications shall be consid2 ered to be the appropriate regulation for the purposes 

3 of such section. 

4 (4) DATE SPECIFIED.— 

5 (A) IN GENERAL.—Subject to subparagraph 

6 (B), the date specified in this paragraph for a 

7 State is the earlier of— 

8 (i) the date the State changes its stat9 utes or regulations to conform its regulatory 

10 program to the changes made by this sec11 tion, or 

12 (ii) October 1, 2008. 

13 (B) ADDITIONAL LEGISLATIVE ACTION RE14 QUIRED.—In the case of a State which the Sec15 retary identifies as— 

16 (i) requiring State legislation (other 

17 than legislation appropriating funds) to 

18 conform its regulatory program to the 

19 changes made in this section, but 

20 (ii) having a legislature which is not 

21 scheduled to meet in 2008 in a legislative 

22 session in which such legislation may be 

23 considered, the date specified in this para24 graph is the first day of the first calendar 

25 quarter beginning after the close of the first 


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1 legislative session of the State legislature 

2 that begins on or after July 1, 2008. For 

3 purposes of the previous sentence, in the 

4 case of a State that has a 2-year legislative 

5 session, each year of such session shall be 

6 deemed to be a separate regular session of 

7 the State legislature. 

8 SEC. 104. PRIVACY AND CONFIDENTIALITY. 

9 (a) RULES FOR PUBLIC HEALTH SERVICE ACT AND

10 INTERNAL REVENUE CODE OF 1986.— 

11 (1) APPLICABILITY.—Except as provided in 

12 paragraph (4), the provisions of this subsection shall 

13 apply to group health plans (other than group health 

14 plans to which section 714 of the Employee Retire15 ment Income Security Act of 1974 applies), health in16 surance issuers (including issuers in connection with 

17 group health plans or individual health coverage), 

18 and issuers of medicare supplemental policies, with19 out regard to— 

20 (A) section 2721(a) of the Public Health 

21 Service Act (42 U.S.C. 300gg–21(a)); and 

22 (B) section 9831(a)(2) of the Internal Rev23 enue Code of 1986. 


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1 (2) COMPLIANCE WITH CERTAIN CONFIDEN2 TIALITY STANDARDS WITH RESPECT TO GENETIC IN3 FORMATION.— 

4 (A) IN GENERAL.—The regulations promul5 gated by the Secretary of Health and Human 

6 Services under part C of title XI of the Social 

7 Security Act (42 U.S.C. 1320d et seq.) and sec8 tion 264 of the Health Insurance Portability and 

9 Accountability Act of 1996 (42 U.S.C. 1320d–2 

10 note) shall apply to the use or disclosure of ge11 netic information. 

12 (B) PROHIBITION ON UNDERWRITING AND

13 PREMIUM RATING.—Notwithstanding subpara14 graph (A), a group health plan, a health insur15 ance issuer, or issuer of a medicare supplemental 

16 policy shall not use or disclose genetic informa17 tion (including information about a request for 

18 or a receipt of genetic services by an individual 

19 or family member of such individual) for pur20 poses of underwriting, determinations of eligi21 bility to enroll, premium rating, or the creation, 

22 renewal or replacement of a plan, contract or 

23 coverage for health insurance or health benefits. 

24 (3) PROHIBITION ON COLLECTION OF GENETIC

25 INFORMATION.— 


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1 (A) IN GENERAL.—A group health plan, 

2 health insurance issuer, or issuer of a medicare 

3 supplemental policy shall not request, require, or 

4 purchase genetic information (including infor5 mation about a request for or a receipt of genetic 

6 services by an individual or family member of 

7 such individual) for purposes of underwriting, 

8 determinations of eligibility to enroll, premium 

9 rating, or the creation, renewal or replacement of 

10 a plan, contract or coverage for health insurance 

11 or health benefits. 

12 (B) LIMITATION RELATING TO THE COLLEC13 TION OF GENETIC INFORMATION PRIOR TO EN14 ROLLMENT.—A group health plan, health insur15 ance issuer, or issuer of a medicare supplemental 

16 policy shall not request, require, or purchase ge17 netic information (including information about 

18 a request for or a receipt of genetic services by 

19 an individual or family member of such indi20 vidual) concerning a participant, beneficiary, or 

21 enrollee prior to the enrollment, and in connec22 tion with such enrollment, of such individual 

23 under the plan, coverage, or policy. 

24 (C) INCIDENTAL COLLECTION.—Where a 

25 group health plan, health insurance issuer, or 


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1 issuer of a medicare supplemental policy obtains 

2 genetic information incidental to the requesting, 

3 requiring, or purchasing of other information 

4 concerning a participant, beneficiary, or en5 rollee, such request, requirement, or purchase 

6 shall not be considered a violation of this para7 graph if— 

8 (i) such request, requirement, or pur9 chase is not in violation of subparagraph 

10 (A); and 

11 (ii) any genetic information (including 

12 information about a request for or receipt of 

13 genetic services) requested, required, or pur14 chased is not used or disclosed in violation 

15 of paragraph (2). 

16 (4) APPLICATION OF CONFIDENTIALITY STAND17 ARDS.—The provisions of paragraphs (2) and (3) 

18 shall not apply— 

19 (A) to group health plans, health insurance 

20 issuers, or issuers of medicare supplemental poli21 cies that are not otherwise covered under the reg22 ulations promulgated by the Secretary of Health 

23 and Human Services under part C of title XI of 

24 the Social Security Act (42 U.S.C. 1320d et seq.) 

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1 ability and Accountability Act of 1996 (42 

2 U.S.C. 1320d–2 note); and 

3 (B) to genetic information that is not con4 sidered to be individually-identifiable health in5 formation under the regulations promulgated by 

6 the Secretary of Health and Human Services 

7 under part C of title XI of the Social Security 

8 Act (42 U.S.C. 1320d et seq.) and section 264 of 

9 the Health Insurance Portability and Account10 ability Act of 1996 (42 U.S.C. 1320d–2 note). 

11 (5) ENFORCEMENT.—A group health plan, health 

12 insurance issuer, or issuer of a medicare supple13 mental policy that violates a provision of this sub14 section shall be subject to the penalties described in 

15 sections 1176 and 1177 of the Social Security Act (42 

16 U.S.C. 1320d–5 and 1320d–6) in the same manner 

17 and to the same extent that such penalties apply to 

18 violations of part C of title XI of such Act. 

19 (6) PREEMPTION.— 

20 (A) IN GENERAL.—A provision or require21 ment under this subsection or a regulation pro22 mulgated under this subsection shall supersede 

23 any contrary provision of State law unless such 

24 provision of State law imposes requirements, 

25 standards, or implementation specifications that 


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1 are more stringent than the requirements, stand2 ards, or implementation specifications imposed 

3 under this subsection or such regulations. No 

4 penalty, remedy, or cause of action to enforce 

5 such a State law that is more stringent shall be 

6 preempted by this subsection. 

7 (B) RULE OF CONSTRUCTION.—Nothing in 

8 subparagraph (A) shall be construed to establish 

9 a penalty, remedy, or cause of action under 

10 State law if such penalty, remedy, or cause of 

11 action is not otherwise available under such 

12 State law. 

13 (7) COORDINATION WITH PRIVACY REGULA14 TIONS.—The Secretary shall implement and admin15 ister this subsection in a manner that is consistent 

16 with the implementation and administration by the 

17 Secretary of the regulations promulgated by the Sec18 retary of Health and Human Services under part C 

19 of title XI of the Social Security Act (42 U.S.C. 

20 1320d et seq.) and section 264 of the Health Insur21 ance Portability and Accountability Act of 1996 (42 

22 U.S.C. 1320d–2 note). 

23 (8) DEFINITIONS.—In this subsection: 

24 (A) GENETIC INFORMATION; GENETIC SERV25 ICES.—The terms ‘‘family member’’, ‘‘genetic inVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6203 E:\BILLS\H493.RH H493

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1 formation’’, ‘‘genetic services’’, and ‘‘genetic test’’ 

2 have the meanings given such terms in section 

3 2791 of the Public Health Service Act (42 U.S.C. 

4 300gg–91), as amended by this Act. 

5 (B) GROUP HEALTH PLAN; HEALTH INSUR6 ANCE ISSUER.—The terms ‘‘group health plan’’ 

7 and ‘‘health insurance issuer’’ include only those 

8 plans and issuers that are covered under the reg9 ulations described in paragraph (4)(A). 

10 (C) ISSUER OF A MEDICARE SUPPLEMENTAL

11 POLICY.—The term ‘‘issuer of a medicare supple12 mental policy’’ means an issuer described in sec13 tion 1882 of the Social Security Act (42 U.S.C. 

14 1395ss). 

15 (D) SECRETARY.—The term ‘‘Secretary’’ 

16 means the Secretary of Health and Human Serv17 ices. 

18 (b) AMENDMENTS TO ERISA.— 

19 (1) IN GENERAL.—Subpart B of part 7 of sub20 title B of title I of the Employee Retirement Income 

21 Security Act of 1974 is amended by adding after sec22 tion 713 (29 U.S.C. 1185b) the following new section: 


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1 ‘‘SEC. 714. PRIVACY AND CONFIDENTIALITY OF GENETIC IN2 FORMATION. 

3 ‘‘(a) APPLICABILITY.—Except as provided in sub4 section (d), the provisions of this section shall apply to 

5 group health plans, and health insurance issuers offering 

6 health insurance coverage in connection with such plans, 

7 without regard to section 732(a). 

8 ‘‘(b) PROHIBITION ON UNDERWRITING, ELIGIBILITY

9 TERMINATION, PREMIUM RATING, AND PLAN FORMULA10 TION.—Notwithstanding section 104(a)(2)(A) of the Genetic 

11 Information Nondiscrimination Act of 2007, a group health 

12 plan, or a health insurance issuer offering health insurance 

13 coverage in connection with such a plan, shall not use or 

14 disclose genetic information (including information about 

15 a request for or a receipt of genetic services by an indi16 vidual or family member of such individual) for purposes 

17 of underwriting, determinations of eligibility to enroll, pre18 mium rating, or the creation, renewal, or replacement of 

19 a group health plan or health insurance coverage offered 

20 in connection with such a plan. 

21 ‘‘(c) PROHIBITION ON COLLECTION OF GENETIC IN22 FORMATION.— 

23 ‘‘(1) IN GENERAL.—A group health plan, or a 

24 health insurance issuer offering health insurance cov25 erage in connection with such a plan, shall not re26 quest, require, or purchase genetic information (inVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6203 E:\BILLS\H493.RH H493

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1 cluding information about a request for or a receipt 

2 of genetic services by an individual or family member 

3 of such individual) for purposes of underwriting, de4 terminations of eligibility to enroll, premium rating, 

5 or the creation, renewal or replacement of a plan, 

6 contract or coverage for health insurance or health 

7 benefits. 

8 ‘‘(2) LIMITATION RELATING TO THE COLLECTION

9 OF GENETIC INFORMATION PRIOR TO ENROLLMENT.— 

10 A group health plan, or a health insurance issuer of11 fering health insurance coverage in connection with 

12 such a plan, shall not request, require, or purchase ge13 netic information (including information about a re14 quest for or a receipt of genetic services by an indi15 vidual or family member of such individual) con16 cerning a participant or beneficiary prior to the en17 rollment, and in connection with such enrollment, of 

18 such participant or beneficiary under the plan or cov19 erage. 

20 ‘‘(3) INCIDENTAL COLLECTION.—Where a group 

21 health plan, or a health insurance issuer offering 

22 health insurance coverage in connection with such a 

23 plan, obtains genetic information incidental to the re24 questing, requiring, or purchasing of other informa25 tion concerning a participant or beneficiary, such reVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6203 E:\BILLS\H493.RH H493

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1 quest, requirement, or purchase shall not be consid2 ered a violation of this subsection if— 

3 ‘‘(A) such request, requirement, or purchase 

4 is not in violation of paragraph (1); and 

5 ‘‘(B) any genetic information (including in6 formation about a request for or receipt of ge7 netic services) requested, required, or purchased 

8 is not used or disclosed in violation of subsection 

9 (b). 

10 ‘‘(d) APPLICATION OF CONFIDENTIALITY STAND11 ARDS.—The provisions of subsections (b) and (c) shall not 

12 apply— 

13 ‘‘(1) to group health plans, or health insurance 

14 issuers offering health insurance coverage in connec15 tion with such plans, that are not otherwise covered 

16 under the regulations promulgated by the Secretary of 

17 Health and Human Services under part C of title XI 

18 of the Social Security Act (42 U.S.C. 1320d et seq.) 

19 and section 264 of the Health Insurance Portability 

20 and Accountability Act of 1996 (42 U.S.C. 1320d–2 

21 note); and 

22 ‘‘(2) to genetic information that is not considered 

23 to be individually-identifiable health information 

24 under the regulations promulgated by the Secretary of 

25 Health and Human Services under part C of title XI 


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1 of the Social Security Act (42 U.S.C. 1320d et seq.) 

2 and section 264 of the Health Insurance Portability 

3 and Accountability Act of 1996 (42 U.S.C. 1320d–2 

4 note). 

5 ‘‘(e) DEFINITIONS.—In this section: 

6 ‘‘(1) GENETIC INFORMATION; GENETIC SERV7 ICES.—The terms ‘family member’, ‘genetic informa8 tion’, ‘genetic services’, and ‘genetic test’ have the 

9 meanings given such terms in section 733(d). 

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

11 ISSUER.—The terms ‘group health plan’ and ‘health 

12 insurance issuer’ include only those plans and issuers 

13 that are covered under the regulations described in 

14 subsection (d)(1).’’. 

15 (2) PREEMPTION.—Section 731 of such Act (29 

16 U.S.C. 1191) is amended— 

17 (A) by redesignating subsections (c) and (d) 

18 as subsections (d) and (e), respectively; 

19 (B) in subsection (a)(1), by striking ‘‘sub20 section (b)’’ and inserting ‘‘subsections (b) and 

21 (c)’’; and 

22 (C) by inserting after subsection (b) the fol23 lowing new subsection: 

24 ‘‘(c) SPECIAL RULES RELATING TO PRIVACY AND CON25 FIDENTIALITY OF GENETIC INFORMATION.— 


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1 ‘‘(1) IN GENERAL.—A provision or requirement 

2 under section 714 or a regulation promulgated under 

3 such section shall supersede any contrary provision of 

4 State law unless such provision of State law imposes 

5 requirements, standards, or implementation specifica6 tions that are more stringent than the requirements, 

7 standards, or implementation specifications imposed 

8 under such section or such regulations. No penalty, 

9 remedy, or cause of action to enforce such a State law 

10 that is more stringent shall be preempted by such sec11 tion. 

12 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

13 paragraph (1) shall be construed to establish a pen14 alty, remedy, or cause of action under State law if 

15 such penalty, remedy, or cause of action is not other16 wise available under such State law.’’. 

17 (3) CONFORMING AMENDMENT.—The table of 

18 contents in section 1 of such Act is amended by in19 serting after the item relating to section 713 the fol20 lowing new item: 

‘‘Sec. 714. Privacy and confidentiality of genetic information.’’. 

21 SEC. 105. ASSURING COORDINATION. 

22 (a) IN GENERAL.—Except as provided in subsection 

23 (b), the Secretary of Health and Human Services, the Sec24 retary of Labor, and the Secretary of the Treasury shall 


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1 ensure, through the execution of an interagency memo2 randum of understanding among such Secretaries, that— 

3 (1) regulations, rulings, and interpretations 

4 issued by such Secretaries relating to the same matter 

5 over which two or more such Secretaries have respon6 sibility under this title (and the amendments made by 

7 this title) are administered so as to have the same ef8 fect at all times; and 

9 (2) coordination of policies relating to enforcing 

10 the same requirements through such Secretaries in 

11 order to have a coordinated enforcement strategy that 

12 avoids duplication of enforcement efforts and assigns 

13 priorities in enforcement. 

14 (b) AUTHORITY OF THE SECRETARY.—The Secretary 

15 of Health and Human Services has the sole authority to 

16 promulgate regulations to implement section 104(a). 

17 SEC. 106. REGULATIONS; EFFECTIVE DATE. 

18 (a) REGULATIONS.—Not later than 1 year after the 

19 date of enactment of this title, the Secretary of Health and 

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

21 of the Treasury shall issue final regulations to carry out 

22 this title. 

23 (b) EFFECTIVE DATE.—Except as provided in section 

24 103, the amendments made by this title shall take effect on 


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1 the date that is 18 months after the date of enactment of 

2 this Act. 

3 TITLE II—PROHIBITING EMPLOY4 MENT DISCRIMINATION ON 

5 THE BASIS OF GENETIC IN6 FORMATION 

7 SEC. 201. DEFINITIONS. 

8 In this title: 

9 (1) COMMISSION.—The term ‘‘Commission’’ 

10 means the Equal Employment Opportunity Commis11 sion as created by section 705 of the Civil Rights Act 

12 of 1964 (42 U.S.C. 2000e–4). 

13 (2) EMPLOYEE; EMPLOYER; EMPLOYMENT AGEN14 CY; LABOR ORGANIZATION; MEMBER.— 

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

16 means— 

17 (i) an employee (including an appli18 cant), as defined in section 701(f) of the 

19 Civil Rights Act of 1964 (42 U.S.C. 

20 2000e(f)); 

21 (ii) a State employee (including an 

22 applicant) described in section 304(a) of the 

23 Government Employee Rights Act of 1991 

24 (42 U.S.C. 2000e–16c(a)); 


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1 (iii) a covered employee (including an 

2 applicant), as defined in section 101 of the 

3 Congressional Accountability Act of 1995 (2 

4 U.S.C. 1301); 

5 (iv) a covered employee (including an 

6 applicant), as defined in section 411(c) of 

7 title 3, United States Code; or 

8 (v) an employee or applicant to which 

9 section 717(a) of the Civil Rights Act of 

10 1964 (42 U.S.C. 2000e–16(a)) applies. 

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

12 means— 

13 (i) an employer (as defined in section 

14 701(b) of the Civil Rights Act of 1964 (42 

15 U.S.C. 2000e(b))); 

16 (ii) an entity employing a State em17 ployee described in section 304(a) of the 

18 Government Employee Rights Act of 1991; 

19 (iii) an employing office, as defined in 

20 section 101 of the Congressional Account21 ability Act of 1995; 

22 (iv) an employing office, as defined in 

23 section 411(c) of title 3, United States Code; 

24 or 


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1 (v) an entity to which section 717(a) of 

2 the Civil Rights Act of 1964 applies. 

3 (C) EMPLOYMENT AGENCY; LABOR ORGANI4 ZATION.—The terms ‘‘employment agency’’ and 

5 ‘‘labor organization’’ have the meanings given 

6 the terms in section 701 of the Civil Rights Act 

7 of 1964 (42 U.S.C. 2000e). 

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

9 respect to a labor organization, includes an ap10 plicant for membership in a labor organization. 

11 (3) FAMILY MEMBER.—The term ‘‘family mem12 ber’’ means with respect to an individual— 

13 (A) the spouse of the individual; 

14 (B) a dependent child of the individual; and 

15 (C) any other individual who is a first-de16 gree, second-degree, third-degree, or fourth-degree 

17 relative of an individual described in subpara18 graph (A) or (B). 

19 (4) GENETIC INFORMATION.— 

20 (A) IN GENERAL.—Except as provided in 

21 subparagraph (B), the term ‘‘genetic informa22 tion’’ means information about— 

23 (i) an individual’s genetic tests; 

24 (ii) the genetic tests of family members 

25 of the individual; or 


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1 (iii) the occurrence of a disease or dis2 order in family members of the individual. 

3 (B) EXCEPTIONS.—The term ‘‘genetic infor4 mation’’ shall not include information about the 

5 sex or age of an individual. 

6 (5) GENETIC MONITORING.—The term ‘‘genetic 

7 monitoring’’ means the periodic examination of em8 ployees to evaluate acquired modifications to their ge9 netic material, such as chromosomal damage or evi10 dence of increased occurrence of mutations, that may 

11 have developed in the course of employment due to ex12 posure to toxic substances in the workplace, in order 

13 to identify, evaluate, and respond to the effects of or 

14 control adverse environmental exposures in the work15 place. 

16 (6) GENETIC SERVICES.—The term ‘‘genetic serv17 ices’’ means— 

18 (A) a genetic test; 

19 (B) genetic counseling (including obtaining, 

20 interpreting or assessing genetic information); or 

21 (C) genetic education. 

22 (7) GENETIC TEST.— 

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

24 means the analysis of human DNA, RNA, chroVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6203 E:\BILLS\H493.RH H493

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1 mosomes, proteins, or metabolites, that detects 

2 genotypes, mutations, or chromosomal changes. 

3 (B) EXCEPTION.—The term ‘‘genetic test’’ 

4 does not mean an analysis of proteins or metabo5 lites that does not detect genotypes, mutations, or 

6 chromosomal changes. 

7 SEC. 202. EMPLOYER PRACTICES. 

8 (a) DISCRIMINATION BASED ON GENETIC INFORMA9 TION.—It shall be an unlawful employment practice for an 

10 employer— 

11 (1) to fail or refuse to hire or to discharge any 

12 employee, or otherwise to discriminate against any 

13 employee with respect to the compensation, terms, 

14 conditions, or privileges of employment of the em15 ployee, because of genetic information with respect to 

16 the employee (or information about a request for or 

17 the receipt of genetic services by such employee or 

18 family member of such employee); or 

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

20 of the employer in any way that would deprive or 

21 tend to deprive any employee of employment opportu22 nities or otherwise adversely affect the status of the 

23 employee as an employee, because of genetic informa24 tion with respect to the employee (or information 

25 about a request for or the receipt of genetic services 


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1 by such employee or family member of such em2 ployee). 

3 (b) ACQUISITION OF GENETIC INFORMATION.—It shall 

4 be an unlawful employment practice for an employer to re5 quest, require, or purchase genetic information with respect 

6 to an employee or a family member of the employee (or in7 formation about a request for the receipt of genetic services 

8 by such employee or a family member of such employee) 

9 except— 

10 (1) where an employer inadvertently requests or 

11 requires family medical history of the employee or 

12 family member of the employee; 

13 (2) where— 

14 (A) health or genetic services are offered by 

15 the employer, including such services offered as 

16 part of a bona fide wellness program; 

17 (B) the employee provides prior, knowing, 

18 voluntary, and written authorization; 

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

20 the family member is receiving genetic services) 

21 and the licensed health care professional or board 

22 certified genetic counselor involved in providing 

23 such services receive individually identifiable in24 formation concerning the results of such services; 

25 and 


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1 (D) any individually identifiable genetic 

2 information provided under subparagraph (C) in 

3 connection with the services provided under sub4 paragraph (A) is only available for purposes of 

5 such services and shall not be disclosed to the em6 ployer except in aggregate terms that do not dis7 close the identity of specific employees; 

8 (3) where an employer requests or requires fam9 ily medical history from the employee to comply with 

10 the certification provisions of section 103 of the Fam11 ily and Medical Leave Act of 1993 (29 U.S.C. 2613), 

12 such requirements under State family and medical 

13 leave laws; 

14 (4) where an employer purchases documents that 

15 are commercially and publicly available (including 

16 newspapers, magazines, periodicals, and books, but 

17 not including medical databases or court records) that 

18 include family medical history; or 

19 (5) where the information involved is to be used 

20 for genetic monitoring of the biological effects of toxic 

21 substances in the workplace, but only if— 

22 (A) the employer provides written notice of 

23 the genetic monitoring to the employee; 

24 (B)(i) the employee provides prior, know25 ing, voluntary, and written authorization; or 


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1 (ii) the genetic monitoring is required by 

2 Federal or State law; 

3 (C) the employee is informed of individual 

4 monitoring results; 

5 (D) the monitoring is in compliance with— 

6 (i) any Federal genetic monitoring reg7 ulations, including any such regulations 

8 that may be promulgated by the Secretary 

9 of Labor pursuant to the Occupational 

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

11 651 et seq.), the Federal Mine Safety and 

12 Health Act of 1977 (30 U.S.C. 801 et seq.), 

13 or the Atomic Energy Act of 1954 (42 

14 U.S.C. 2011 et seq.); or 

15 (ii) State genetic monitoring regula16 tions, in the case of a State that is imple17 menting genetic monitoring regulations 

18 under the authority of the Occupational 

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

20 651 et seq.); and 

21 (E) the employer, excluding any licensed 

22 health care professional or board certified genetic 

23 counselor that is involved in the genetic moni24 toring program, receives the results of the moniVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6203 E:\BILLS\H493.RH H493

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1 toring only in aggregate terms that do not dis2 close the identity of specific employees. 

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

4 information to which any of paragraphs (1) through (5) 

5 of subsection (b) applies, such information may not be used 

6 in violation of paragraph (1) or (2) of subsection (a) or 

7 treated or disclosed in a manner that violates section 206. 

8 SEC. 203. EMPLOYMENT AGENCY PRACTICES. 

9 (a) DISCRIMINATION BASED ON GENETIC INFORMA10 TION.—It shall be an unlawful employment practice for an 

11 employment agency— 

12 (1) to fail or refuse to refer for employment, or 

13 otherwise to discriminate against, any individual be14 cause of genetic information with respect to the indi15 vidual (or information about a request for or the re16 ceipt of genetic services by such individual or family 

17 member of such individual); 

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

19 fail or refuse to refer for employment any individual 

20 in any way that would deprive or tend to deprive any 

21 individual of employment opportunities, or otherwise 

22 adversely affect the status of the individual as an em23 ployee, because of genetic information with respect to 

24 the individual (or information about a request for or 


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1 the receipt of genetic services by such individual or 

2 family member of such individual); or 

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

4 discriminate against an individual in violation of 

5 this title. 

6 (b) ACQUISITION OF GENETIC INFORMATION.—It shall 

7 be an unlawful employment practice for an employment 

8 agency to request, require, or purchase genetic information 

9 with respect to an individual or a family member of the 

10 individual (or information about a request for the receipt 

11 of genetic services by such individual or a family member 

12 of such individual) except— 

13 (1) where an employment agency inadvertently 

14 requests or requires family medical history of the in15 dividual or family member of the individual; 

16 (2) where— 

17 (A) health or genetic services are offered by 

18 the employment agency, including such services 

19 offered as part of a bona fide wellness program; 

20 (B) the individual provides prior, knowing, 

21 voluntary, and written authorization; 

22 (C) only the individual (or family member 

23 if the family member is receiving genetic serv24 ices) and the licensed health care professional or 

25 board certified genetic counselor involved in proVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6203 E:\BILLS\H493.RH H493

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1 viding such services receive individually identifi2 able information concerning the results of such 

3 services; and 

4 (D) any individually identifiable genetic 

5 information provided under subparagraph (C) in 

6 connection with the services provided under sub7 paragraph (A) is only available for purposes of 

8 such services and shall not be disclosed to the em9 ployment agency except in aggregate terms that 

10 do not disclose the identity of specific individ11 uals; 

12 (3) where an employment agency requests or re13 quires family medical history from the individual to 

14 comply with the certification provisions of section 103 

15 of the Family and Medical Leave Act of 1993 (29 

16 U.S.C. 2613) or such requirements under State family 

17 and medical leave laws; 

18 (4) where an employment agency purchases doc19 uments that are commercially and publicly available 

20 (including newspapers, magazines, periodicals, and 

21 books, but not including medical databases or court 

22 records) that include family medical history; or 

23 (5) where the information involved is to be used 

24 for genetic monitoring of the biological effects of toxic 

25 substances in the workplace, but only if— 


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1 (A) the employment agency provides written 

2 notice of the genetic monitoring to the indi3 vidual; 

4 (B)(i) the individual provides prior, know5 ing, voluntary, and written authorization; or 

6 (ii) the genetic monitoring is required by 

7 Federal or State law; 

8 (C) the individual is informed of individual 

9 monitoring results; 

10 (D) the monitoring is in compliance with— 

11 (i) any Federal genetic monitoring reg12 ulations, including any such regulations 

13 that may be promulgated by the Secretary 

14 of Labor pursuant to the Occupational 

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

16 651 et seq.), the Federal Mine Safety and 

17 Health Act of 1977 (30 U.S.C. 801 et seq.), 

18 or the Atomic Energy Act of 1954 (42 

19 U.S.C. 2011 et seq.); or 

20 (ii) State genetic monitoring regula21 tions, in the case of a State that is imple22 menting genetic monitoring regulations 

23 under the authority of the Occupational 

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

25 651 et seq.); and 


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1 (E) the employment agency, excluding any 

2 licensed health care professional or board cer3 tified genetic counselor that is involved in the ge4 netic monitoring program, receives the results of 

5 the monitoring only in aggregate terms that do 

6 not disclose the identity of specific individuals. 

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

8 information to which any of paragraphs (1) through (5) 

9 of subsection (b) applies, such information may not be used 

10 in violation of paragraph (1) or (2) of subsection (a) or 

11 treated or disclosed in a manner that violates section 206. 

12 SEC. 204. LABOR ORGANIZATION PRACTICES. 

13 (a) DISCRIMINATION BASED ON GENETIC INFORMA14 TION.—It shall be an unlawful employment practice for a 

15 labor organization— 

16 (1) to exclude or to expel from the membership 

17 of the organization, or otherwise to discriminate 

18 against, any member because of genetic information 

19 with respect to the member (or information about a 

20 request for or the receipt of genetic services by such 

21 member or family member of such member); 

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

23 the organization, or fail or refuse to refer for employ24 ment any member, in any way that would deprive or 

25 tend to deprive any member of employment opportuVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6203 E:\BILLS\H493.RH H493

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1 nities, or otherwise adversely affect the status of the 

2 member as an employee, because of genetic informa3 tion with respect to the member (or information about 

4 a request for or the receipt of genetic services by such 

5 member or family member of such member); or 

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

7 discriminate against a member in violation of this 

8 title. 

9 (b) ACQUISITION OF GENETIC INFORMATION.—It shall 

10 be an unlawful employment practice for a labor organiza11 tion to request, require, or purchase genetic information 

12 with respect to a member or a family member of the member 

13 (or information about a request for the receipt of genetic 

14 services by such member or a family member of such mem15 ber) except— 

16 (1) where a labor organization inadvertently re17 quests or requires family medical history of the mem18 ber or family member of the member; 

19 (2) where— 

20 (A) health or genetic services are offered by 

21 the labor organization, including such services 

22 offered as part of a bona fide wellness program; 

23 (B) the member provides prior, knowing, 

24 voluntary, and written authorization; 


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

2 the family member is receiving genetic services) 

3 and the licensed health care professional or board 

4 certified genetic counselor involved in providing 

5 such services receive individually identifiable in6 formation concerning the results of such services; 

7 and 

8 (D) any individually identifiable genetic 

9 information provided under subparagraph (C) in 

10 connection with the services provided under sub11 paragraph (A) is only available for purposes of 

12 such services and shall not be disclosed to the 

13 labor organization except in aggregate terms that 

14 do not disclose the identity of specific members; 

15 (3) where a labor organization requests or re16 quires family medical history from the members to 

17 comply with the certification provisions of section 103 

18 of the Family and Medical Leave Act of 1993 (29 

19 U.S.C. 2613) or such requirements under State family 

20 and medical leave laws; 

21 (4) where a labor organization purchases docu22 ments that are commercially and publicly available 

23 (including newspapers, magazines, periodicals, and 

24 books, but not including medical databases or court 

25 records) that include family medical history; or 


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1 (5) where the information involved is to be used 

2 for genetic monitoring of the biological effects of toxic 

3 substances in the workplace, but only if— 

4 (A) the labor organization provides written 

5 notice of the genetic monitoring to the member; 

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

7 voluntary, and written authorization; or 

8 (ii) the genetic monitoring is required by 

9 Federal or State law; 

10 (C) the member is informed of individual 

11 monitoring results; 

12 (D) the monitoring is in compliance with— 

13 (i) any Federal genetic monitoring reg14 ulations, including any such regulations 

15 that may be promulgated by the Secretary 

16 of Labor pursuant to the Occupational 

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

18 651 et seq.), the Federal Mine Safety and 

19 Health Act of 1977 (30 U.S.C. 801 et seq.), 

20 or the Atomic Energy Act of 1954 (42 

21 U.S.C. 2011 et seq.); or 

22 (ii) State genetic monitoring regula23 tions, in the case of a State that is imple24 menting genetic monitoring regulations 

25 under the authority of the Occupational 


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

2 651 et seq.); and 

3 (E) the labor organization, excluding any 

4 licensed health care professional or board cer5 tified genetic counselor that is involved in the ge6 netic monitoring program, receives the results of 

7 the monitoring only in aggregate terms that do 

8 not disclose the identity of specific members. 

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

10 information to which any of paragraphs (1) through (5) 

11 of subsection (b) applies, such information may not be used 

12 in violation of paragraph (1) or (2) of subsection (a) or 

13 treated or disclosed in a manner that violates section 206. 

14 SEC. 205. TRAINING PROGRAMS. 

15 (a) DISCRIMINATION BASED ON GENETIC INFORMA16 TION.—It shall be an unlawful employment practice for any 

17 employer, labor organization, or joint labor-management 

18 committee controlling apprenticeship or other training or 

19 retraining, including on-the-job training programs— 

20 (1) to discriminate against any individual be21 cause of genetic information with respect to the indi22 vidual (or information about a request for or the re23 ceipt of genetic services by such individual or a fam24 ily member of such individual) in admission to, or 


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1 employment in, any program established to provide 

2 apprenticeship or other training or retraining; 

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

4 for or participants in such apprenticeship or other 

5 training or retraining, or fail or refuse to refer for 

6 employment any individual, in any way that would 

7 deprive or tend to deprive any individual of employ8 ment opportunities, or otherwise adversely affect the 

9 status of the individual as an employee, because of ge10 netic information with respect to the individual (or 

11 information about a request for or receipt of genetic 

12 services by such individual or family member of such 

13 individual); or 

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

15 discriminate against an applicant for or a partici16 pant in such apprenticeship or other training or re17 training in violation of this title. 

18 (b) ACQUISITION OF GENETIC INFORMATION.—It shall 

19 be an unlawful employment practice for an employer, labor 

20 organization, or joint labor-management committee de21 scribed in subsection (a) to request, require, or purchase ge22 netic information with respect to an individual or a family 

23 member of the individual (or information about a request 

24 for the receipt of genetic services by such individual or a 

25 family member of such individual) except— 


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1 (1) where the employer, labor organization, or 

2 joint labor-management committee inadvertently re3 quests or requires family medical history of the indi4 vidual or family member of the individual; 

5 (2) where— 

6 (A) health or genetic services are offered by 

7 the employer, labor organization, or joint labor8 management committee, including such services 

9 offered as part of a bona fide wellness program; 

10 (B) the individual provides prior, knowing, 

11 voluntary, and written authorization; 

12 (C) only the individual (or family member 

13 if the family member is receiving genetic serv14 ices) and the licensed health care professional or 

15 board certified genetic counselor involved in pro16 viding such services receive individually identifi17 able information concerning the results of such 

18 services; and 

19 (D) any individually identifiable genetic 

20 information provided under subparagraph (C) in 

21 connection with the services provided under sub22 paragraph (A) is only available for purposes of 

23 such services and shall not be disclosed to the em24 ployer, labor organization, or joint labor-man25 agement committee except in aggregate terms 


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1 that do not disclose the identity of specific indi2 viduals; 

3 (3) where the employer, labor organization, or 

4 joint labor-management committee requests or re5 quires family medical history from the individual to 

6 comply with the certification provisions of section 103 

7 of the Family and Medical Leave Act of 1993 (29 

8 U.S.C. 2613) or such requirements under State family 

9 and medical leave laws; 

10 (4) where the employer, labor organization, or 

11 joint labor-management committee purchases docu12 ments that are commercially and publicly available 

13 (including newspapers, magazines, periodicals, and 

14 books, but not including medical databases or court 

15 records) that include family medical history; or 

16 (5) where the information involved is to be used 

17 for genetic monitoring of the biological effects of toxic 

18 substances in the workplace, but only if— 

19 (A) the employer, labor organization, or 

20 joint labor-management committee provides 

21 written notice of the genetic monitoring to the 

22 individual; 

23 (B)(i) the individual provides prior, know24 ing, voluntary, and written authorization; or 


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1 (ii) the genetic monitoring is required by 

2 Federal or State law; 

3 (C) the individual is informed of individual 

4 monitoring results; 

5 (D) the monitoring is in compliance with— 

6 (i) any Federal genetic monitoring reg7 ulations, including any such regulations 

8 that may be promulgated by the Secretary 

9 of Labor pursuant to the Occupational 

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

11 651 et seq.), the Federal Mine Safety and 

12 Health Act of 1977 (30 U.S.C. 801 et seq.), 

13 or the Atomic Energy Act of 1954 (42 

14 U.S.C. 2011 et seq.); or 

15 (ii) State genetic monitoring regula16 tions, in the case of a State that is imple17 menting genetic monitoring regulations 

18 under the authority of the Occupational 

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

20 651 et seq.); and 

21 (E) the employer, labor organization, or 

22 joint labor-management committee, excluding 

23 any licensed health care professional or board 

24 certified genetic counselor that is involved in the 

25 genetic monitoring program, receives the results 


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1 of the monitoring only in aggregate terms that 

2 do not disclose the identity of specific individ3 uals. 

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

5 information to which any of paragraphs (1) through (5) 

6 of subsection (b) applies, such information may not be used 

7 in violation of paragraph (1) or (2) of subsection (a) or 

8 treated or disclosed in a manner that violates section 206. 

9 SEC. 206. CONFIDENTIALITY OF GENETIC INFORMATION. 

10 (a) TREATMENT OF INFORMATION AS PART OF CON11 FIDENTIAL MEDICAL RECORD.—If an employer, employ12 ment agency, labor organization, or joint labor-manage13 ment committee possesses genetic information about an em14 ployee or member (or information about a request for or 

15 receipt of genetic services by such employee or member or 

16 family member of such employee or member), such informa17 tion shall be maintained on separate forms and in separate 

18 medical files and be treated as a confidential medical record 

19 of the employee or member. An employer, employment agen20 cy, labor organization, or joint labor-management com21 mittee shall be considered to be in compliance with the 

22 maintenance of information requirements of this subsection 

23 with respect to genetic information subject to this subsection 

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1 ical record under section 102(d)(3)(B) of the Americans 

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

3 (b) LIMITATION ON DISCLOSURE.—An employer, em4 ployment agency, labor organization, or joint labor-man5 agement committee shall not disclose genetic information 

6 concerning an employee or member (or information about 

7 a request for or receipt of genetic services by such employee 

8 or member or family member of such employee or member) 

9 except— 

10 (1) to the employee or member of a labor organi11 zation (or family member if the family member is re12 ceiving the genetic services) at the written request of 

13 the employee or member of such organization; 

14 (2) to an occupational or other health researcher 

15 if the research is conducted in compliance with the 

16 regulations and protections provided for under part 

17 46 of title 45, Code of Federal Regulations; 

18 (3) in response to an order of a court, except 

19 that— 

20 (A) the employer, employment agency, labor 

21 organization, or joint labor-management com22 mittee may disclose only the genetic information 

23 expressly authorized by such order; and 

24 (B) if the court order was secured without 

25 the knowledge of the employee or member to 


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1 whom the information refers, the employer, em2 ployment agency, labor organization, or joint 

3 labor-management committee shall inform the 

4 employee or member of the court order and any 

5 genetic information that was disclosed pursuant 

6 to such order; 

7 (4) to government officials who are investigating 

8 compliance with this title if the information is rel9 evant to the investigation; or 

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

11 connection with the employee’s compliance with the 

12 certification provisions of section 103 of the Family 

13 and Medical Leave Act of 1993 (29 U.S.C. 2613) or 

14 such requirements under State family and medical 

15 leave laws. 

16 SEC. 207. REMEDIES AND ENFORCEMENT. 

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

18 RIGHTS ACT OF 1964.— 

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

20 procedures provided in sections 705, 706, 707, 709, 

21 710, and 711 of the Civil Rights Act of 1964 (42 

22 U.S.C. 2000e–4 et seq.) to the Commission, the Attor23 ney General, or any person, alleging a violation of 

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

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1 vides to the Commission, the Attorney General, or 

2 any person, respectively, alleging an unlawful em3 ployment practice in violation of this title against an 

4 employee described in section 201(2)(A)(i), except as 

5 provided in paragraphs (2) and (3). 

6 (2) COSTS AND FEES.—The powers, remedies, 

7 and procedures provided in subsections (b) and (c) of 

8 section 722 of the Revised Statutes of the United 

9 States (42 U.S.C. 1988), shall be powers, remedies, 

10 and procedures this title provides to the Commission, 

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

12 practice. 

13 (3) DAMAGES.—The powers, remedies, and pro14 cedures provided in section 1977A of the Revised 

15 Statutes of the United States (42 U.S.C. 1981a), in16 cluding the limitations contained in subsection (b)(3) 

17 of such section 1977A, shall be powers, remedies, and 

18 procedures this title provides to the Commission, the 

19 Attorney General, or any person, alleging such a 

20 practice (not an employment practice specifically ex21 cluded from coverage under section 1977A(a)(1) of the 

22 Revised Statutes of the United States). 

23 (b) EMPLOYEES COVERED BY GOVERNMENT EM24 PLOYEE RIGHTS ACT OF 1991.— 


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

2 procedures provided in sections 302 and 304 of the 

3 Government Employee Rights Act of 1991 (42 U.S.C. 

4 2000e–16b, 2000e–16c) to the Commission, or any 

5 person, alleging a violation of section 302(a)(1) of 

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

7 powers, remedies, and procedures this title provides to 

8 the Commission, or any person, respectively, alleging 

9 an unlawful employment practice in violation of this 

10 title against an employee described in section 

11 201(2)(A)(ii), except as provided in paragraphs (2) 

12 and (3). 

13 (2) COSTS AND FEES.—The powers, remedies, 

14 and procedures provided in subsections (b) and (c) of 

15 section 722 of the Revised Statutes of the United 

16 States (42 U.S.C. 1988), shall be powers, remedies, 

17 and procedures this title provides to the Commission, 

18 or any person, alleging such a practice. 

19 (3) DAMAGES.—The powers, remedies, and pro20 cedures provided in section 1977A of the Revised 

21 Statutes of the United States (42 U.S.C. 1981a), in22 cluding the limitations contained in subsection (b)(3) 

23 of such section 1977A, shall be powers, remedies, and 

24 procedures this title provides to the Commission, or 

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1 ment practice specifically excluded from coverage 

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

3 the United States). 

4 (c) EMPLOYEES COVERED BY CONGRESSIONAL AC5 COUNTABILITY ACT OF 1995.— 

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

7 procedures provided in the Congressional Account8 ability Act of 1995 (2 U.S.C. 1301 et seq.) to the 

9 Board (as defined in section 101 of that Act (2 U.S.C. 

10 1301)), or any person, alleging a violation of section 

11 201(a)(1) of that Act (42 U.S.C. 1311(a)(1)) shall be 

12 the powers, remedies, and procedures this title pro13 vides to that Board, or any person, alleging an un14 lawful employment practice in violation of this title 

15 against an employee described in section 

16 201(2)(A)(iii), except as provided in paragraphs (2) 

17 and (3). 

18 (2) COSTS AND FEES.—The powers, remedies, 

19 and procedures provided in subsections (b) and (c) of 

20 section 722 of the Revised Statutes of the United 

21 States (42 U.S.C. 1988), shall be powers, remedies, 

22 and procedures this title provides to that Board, or 

23 any person, alleging such a practice. 

24 (3) DAMAGES.—The powers, remedies, and pro25 cedures provided in section 1977A of the Revised 


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1 Statutes of the United States (42 U.S.C. 1981a), in2 cluding the limitations contained in subsection (b)(3) 

3 of such section 1977A, shall be powers, remedies, and 

4 procedures this title provides to that Board, or any 

5 person, alleging such a practice (not an employment 

6 practice specifically excluded from coverage under sec7 tion 1977A(a)(1) of the Revised Statutes of the United 

8 States). 

9 (4) OTHER APPLICABLE PROVISIONS.—With re10 spect to a claim alleging a practice described in para11 graph (1), title III of the Congressional Account12 ability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply 

13 in the same manner as such title applies with respect 

14 to a claim alleging a violation of section 201(a)(1) of 

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

16 (d) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

17 3, UNITED STATES CODE.— 

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

19 procedures provided in chapter 5 of title 3, United 

20 States Code, to the President, the Commission, the 

21 Merit Systems Protection Board, or any person, alleg22 ing a violation of section 411(a)(1) of that title, shall 

23 be the powers, remedies, and procedures this title pro24 vides to the President, the Commission, such Board, 

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1 ployment practice in violation of this title against an 

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

3 provided in paragraphs (2) and (3). 

4 (2) COSTS AND FEES.—The powers, remedies, 

5 and procedures provided in subsections (b) and (c) of 

6 section 722 of the Revised Statutes of the United 

7 States (42 U.S.C. 1988), shall be powers, remedies, 

8 and procedures this title provides to the President, the 

9 Commission, such Board, or any person, alleging such 

10 a practice. 

11 (3) DAMAGES.—The powers, remedies, and pro12 cedures provided in section 1977A of the Revised 

13 Statutes of the United States (42 U.S.C. 1981a), in14 cluding the limitations contained in subsection (b)(3) 

15 of such section 1977A, shall be powers, remedies, and 

16 procedures this title provides to the President, the 

17 Commission, such Board, or any person, alleging such 

18 a practice (not an employment practice specifically 

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

20 the Revised Statutes of the United States). 

21 (e) EMPLOYEES COVERED BY SECTION 717 OF THE

22 CIVIL RIGHTS ACT OF 1964.— 

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

24 procedures provided in section 717 of the Civil Rights 

25 Act of 1964 (42 U.S.C. 2000e–16) to the Commission, 


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1 the Attorney General, the Librarian of Congress, or 

2 any person, alleging a violation of that section shall 

3 be the powers, remedies, and procedures this title pro4 vides to the Commission, the Attorney General, the 

5 Librarian of Congress, or any person, respectively, al6 leging an unlawful employment practice in violation 

7 of this title against an employee or applicant de8 scribed in section 201(2)(A)(v), except as provided in 

9 paragraphs (2) and (3). 

10 (2) COSTS AND FEES.—The powers, remedies, 

11 and procedures provided in subsections (b) and (c) of 

12 section 722 of the Revised Statutes of the United 

13 States (42 U.S.C. 1988), shall be powers, remedies, 

14 and procedures this title provides to the Commission, 

15 the Attorney General, the Librarian of Congress, or 

16 any person, alleging such a practice. 

17 (3) DAMAGES.—The powers, remedies, and pro18 cedures provided in section 1977A of the Revised 

19 Statutes of the United States (42 U.S.C. 1981a), in20 cluding the limitations contained in subsection (b)(3) 

21 of such section 1977A, shall be powers, remedies, and 

22 procedures this title provides to the Commission, the 

23 Attorney General, the Librarian of Congress, or any 

24 person, alleging such a practice (not an employment 

25 practice specifically excluded from coverage under secVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6203 E:\BILLS\H493.RH H493

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1 tion 1977A(a)(1) of the Revised Statutes of the United 

2 States). 

3 (f) DEFINITION.—In this section, the term ‘‘Commis4 sion’’ means the Equal Employment Opportunity Commis5 sion. 

6 SEC. 208. DISPARATE IMPACT. 

7 (a) GENERAL RULE.—Notwithstanding any other pro8 vision of this Act, ‘‘disparate impact’’, as that term is used 

9 in section 703(k) of the Civil Rights Act of 1964 (42 U.S.C. 

10 2000e–2(k)), on the basis of genetic information does not 

11 establish a cause of action under this Act. 

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

13 the date of enactment of this Act, there shall be established 

14 a commission, to be known as the Genetic Nondiscrimina15 tion Study Commission (referred to in this section as the 

16 ‘‘Commission’’) to review the developing science of genetics 

17 and to make recommendations to Congress regarding wheth18 er to provide a disparate impact cause of action under this 

19 Act. 

20 (c) MEMBERSHIP.— 

21 (1) IN GENERAL.—The Commission shall be com22 posed of 8 members, of which— 

23 (A) 1 member shall be appointed by the Ma24 jority Leader of the Senate; 


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1 (B) 1 member shall be appointed by the Mi2 nority Leader of the Senate; 

3 (C) 1 member shall be appointed by the 

4 Chairman of the Committee on Health, Edu5 cation, Labor, and Pensions of the Senate; 

6 (D) 1 member shall be appointed by the 

7 ranking minority member of the Committee on 

8 Health, Education, Labor, and Pensions of the 

9 Senate; 

10 (E) 1 member shall be appointed by the 

11 Speaker of the House of Representatives; 

12 (F) 1 member shall be appointed by the Mi13 nority Leader of the House of Representatives; 

14 (G) 1 member shall be appointed by the 

15 Chairman of the Committee on Education and 

16 Labor of the House of Representatives; and 

17 (H) 1 member shall be appointed by the 

18 ranking minority member of the Committee on 

19 Education and Labor of the House of Represent20 atives. 

21 (2) COMPENSATION AND EXPENSES.—The mem22 bers of the Commission shall not receive compensation 

23 for the performance of services for the Commission, 

24 but shall be allowed travel expenses, including per 

25 diem in lieu of subsistence, at rates authorized for 


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1 employees of agencies under subchapter I of chapter 

2 57 of title 5, United States Code, while away from 

3 their homes or regular places of business in the per4 formance of services for the Commission. 

5 (d) ADMINISTRATIVE PROVISIONS.— 

6 (1) LOCATION.—The Commission shall be located 

7 in a facility maintained by the Equal Employment 

8 Opportunity Commission. 

9 (2) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

10 Federal Government employee may be detailed to the 

11 Commission without reimbursement, and such detail 

12 shall be without interruption or loss of civil service 

13 status or privilege. 

14 (3) INFORMATION FROM FEDERAL AGENCIES.— 

15 The Commission may secure directly from any Fed16 eral department or agency such information as the 

17 Commission considers necessary to carry out the pro18 visions of this section. Upon request of the Commis19 sion, the head of such department or agency shall fur20 nish such information to the Commission. 

21 (4) HEARINGS.—The Commission may hold such 

22 hearings, sit and act at such times and places, take 

23 such testimony, and receive such evidence as the Com24 mission considers advisable to carry out the objectives 


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1 of this section, except that, to the extent possible, the 

2 Commission shall use existing data and research. 

3 (5) POSTAL SERVICES.—The Commission may 

4 use the United States mails in the same manner and 

5 under the same conditions as other departments and 

6 agencies of the Federal Government. 

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

8 members are appointed to the Commission under subsection 

9 (c)(1), the Commission shall submit to Congress a report 

10 that summarizes the findings of the Commission and makes 

11 such recommendations for legislation as are consistent with 

12 this Act. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

14 authorized to be appropriated to the Equal Employment 

15 Opportunity Commission such sums as may be necessary 

16 to carry out this section. 

17 SEC. 209. CONSTRUCTION. 

18 (a) IN GENERAL.—Nothing in this title shall be con19 strued to— 

20 (1) limit the rights or protections of an indi21 vidual under any other Federal or State statute that 

22 provides equal or greater protection to an individual 

23 than the rights or protections provided for under this 

24 title, including the protections of an individual under 

25 the Americans with Disabilities Act of 1990 (42 


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1 U.S.C. 12101 et seq.) (including coverage afforded to 

2 individuals under section 102 of such Act (42 U.S.C. 

3 12112)), or under the Rehabilitation Act of 1973 (29 

4 U.S.C. 701 et seq.); 

5 (2)(A) limit the rights or protections of an indi6 vidual to bring an action under this title against an 

7 employer, employment agency, labor organization, or 

8 joint labor-management committee for a violation of 

9 this title; or 

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

11 violation of, any requirement or prohibition applica12 ble to any employer, employment agency, labor orga13 nization, or joint labor-management committee the 

14 enforcement of which, or penalties for which, are pro15 vided under the amendments made by title I; 

16 (3) apply to the Armed Forces Repository of 

17 Specimen Samples for the Identification of Remains; 

18 (4) limit or expand the protections, rights, or ob19 ligations of employees or employers under applicable 

20 workers’ compensation laws; 

21 (5) limit the authority of a Federal department 

22 or agency to conduct or sponsor occupational or other 

23 health research that is conducted in compliance with 

24 the regulations contained in part 46 of title 45, Code 


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1 of Federal Regulations (or any corresponding or simi2 lar regulation or rule); 

3 (6) limit the statutory or regulatory authority of 

4 the Occupational Safety and Health Administration 

5 or the Mine Safety and Health Administration to 

6 promulgate or enforce workplace safety and health 

7 laws and regulations; or 

8 (7) require any specific benefit for an employee 

9 or member or a family member of an employee or 

10 member under any group health plan or health insur11 ance issuer offering group health insurance coverage 

12 in connection with a group health plan. 

13 (b) GENETIC INFORMATION OF A FETUS.—Any ref14 erence in this title to genetic information about or with re15 spect to an employee, individual, or family member of an 

16 individual shall, with respect to such an employee, indi17 vidual, or family member of an individual who is a preg18 nant woman, include genetic information of any fetus car19 ried by such pregnant woman. 

20 SEC. 210. MEDICAL INFORMATION THAT IS NOT GENETIC 

21 INFORMATION. 

22 An employer, employment agency, labor organization, 

23 or joint labor-management committee shall not be consid24 ered to be in violation of this title based on the use, acquisi25 tion, or disclosure of medical information that is not genetic 


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1 information about a manifested disease, disorder, or patho2 logical condition of an employee or member, including a 

3 manifested disease, disorder, or pathological condition that 

4 has or may have a genetic basis. 

5 SEC. 211. REGULATIONS. 

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

7 this title, the Commission shall issue final regulations to 

8 carry out this title. 

9 SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated such sums as 

11 may be necessary to carry out this title (except for section 

12 208). 

13 SEC. 213. EFFECTIVE DATE. 

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

15 after the date of enactment of this Act. 

16 TITLE III—MISCELLANEOUS 

17 PROVISION 

18 SEC. 301. SEVERABILITY. 

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

20 this Act, or the application of such provision or amendment 

21 to any person or circumstance is held to be unconstitu22 tional, the remainder of this Act, the amendments made by 

23 this Act, and the application of such provisions to any per24 son or circumstance shall not be affected thereby. 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as 

3 the ‘‘Genetic Information Nondiscrimination 

4 Act of 2007’’. 

5 (b) TABLE OF CONTENTS.—The table of con6 tents 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. 

Sec. 107. Regulations; effective date. 

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 PROVISION 

Sec. 301. Severability. 

7 SEC. 2. FINDINGS. 

8 Congress makes the following findings: 


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1 (1) Deciphering the sequence of the 

2 human genome and other advances in ge3 netics open major new opportunities for 

4 medical progress. New knowledge about 

5 the genetic basis of illness will allow for 

6 earlier detection of illnesses, often before 

7 symptoms have begun. Genetic testing 

8 can allow individuals to take steps to re9 duce the likelihood that they will con10 tract a particular disorder. New knowl11 edge about genetics may allow for the de12 velopment of better therapies that are 

13 more effective against disease or have 

14 fewer side effects than current treat15 ments. These advances give rise to the 

16 potential misuse of genetic information 

17 to discriminate in health insurance and 

18 employment. 

19 (2) The early science of genetics be20 came the basis of State laws that pro21 vided for the sterilization of persons hav22 ing presumed genetic ‘‘defects’’ such as 

23 mental retardation, mental disease, epi24 lepsy, blindness, and hearing loss, among 

25 other conditions. The first sterilization 


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1 law was enacted in the State of Indiana 

2 in 1907. By 1981, a majority of States 

3 adopted sterilization laws to ‘‘correct’’ ap4 parent genetic traits or tendencies. Many 

5 of these State laws have since been re6 pealed, and many have been modified to 

7 include essential constitutional require8 ments of due process and equal protec9 tion. However, the current explosion in 

10 the science of genetics, and the history of 

11 sterilization laws by the States based on 

12 early genetic science, compels Congres13 sional action in this area. 

14 (3) Although genes are facially neu15 tral markers, many genetic conditions 

16 and disorders are associated with par17 ticular racial and ethnic groups and gen18 der. Because some genetic traits are most 

19 prevalent in particular groups, members 

20 of a particular group may be stigmatized 

21 or discriminated against as a result of 

22 that genetic information. This form of 

23 discrimination was evident in the 1970s, 

24 which saw the advent of programs to 

25 screen and identify carriers of sickle cell 


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1 anemia, a disease which afflicts African2 Americans. Once again, State legislatures 

3 began to enact discriminatory laws in the 

4 area, and in the early 1970s began man5 dating genetic screening of all African 

6 Americans for sickle cell anemia, leading 

7 to discrimination and unnecessary fear. 

8 To alleviate some of this stigma, Congress 

9 in 1972 passed the National Sickle Cell 

10 Anemia Control Act, which withholds 

11 Federal funding from States unless sickle 

12 cell testing is voluntary. 

13 (4) Congress has been informed of ex14 amples of genetic discrimination in the 

15 workplace. These include the use of pre16 employment genetic screening at Law17 rence Berkeley Laboratory, which led to 

18 a court decision in favor of the employees 

19 in that case Norman-Bloodsaw v. Law20 rence Berkeley Laboratory (135 F.3d 

21 1260, 1269 (9th Cir. 1998)). Congress clear22 ly has a compelling public interest in re23 lieving the fear of discrimination and in 

24 prohibiting its actual practice in employ25 ment and health insurance. 


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1 (5) Federal law addressing genetic 

2 discrimination in health insurance and 

3 employment is incomplete in both the 

4 scope and depth of its protections. More5 over, while many States have enacted 

6 some type of genetic non-discrimination 

7 law, these laws vary widely with respect 

8 to their approach, application, and level 

9 of protection. Congress has collected sub10 stantial evidence that the American pub11 lic and the medical community find the 

12 existing patchwork of State and Federal 

13 laws to be confusing and inadequate to 

14 protect them from discrimination. There15 fore Federal legislation establishing a na16 tional and uniform basic standard is nec17 essary to fully protect the public from 

18 discrimination and allay their concerns 

19 about the potential for discrimination, 

20 thereby allowing individuals to take ad21 vantage of genetic testing, technologies, 

22 research, and new therapies. 


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1 TITLE I—GENETIC NON2 DISCRIMINATION IN HEALTH 

3 INSURANCE 

4 SEC. 101. AMENDMENTS TO EMPLOYEE RETIREMENT IN5 COME SECURITY ACT OF 1974. 

6 (a) PROHIBITION OF HEALTH DISCRIMINA7 TION ON THE BASIS OF GENETIC INFORMATION OR

8 GENETIC SERVICES.—

9 (1) NO ENROLLMENT RESTRICTION FOR

10 GENETIC SERVICES.—Section 702(a)(1)(F) of 

11 the Employee Retirement Income Secu12 rity Act of 1974 (29 U.S.C. 1182(a)(1)(F)) is 

13 amended by inserting before the period 

14 the following: ‘‘(including information 

15 about a request for or receipt of genetic 

16 services by an individual or family mem17 ber of such individual)’’. 

18 (2) NO DISCRIMINATION IN GROUP PRE19 MIUMS BASED ON GENETIC INFORMATION.—

20 Section 702(b) of the Employee Retire21 ment Income Security Act of 1974 (29 

22 U.S.C. 1182(b)) is amended—

23 (A) in paragraph (2)(A), by insert24 ing before the semicolon the folVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6202 E:\BILLS\H493.RH H493

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1 lowing: ‘‘except as provided in para2 graph (3)’’; and 

3 (B) by adding at the end the fol4 lowing: 

5 ‘‘(3) NO DISCRIMINATION IN GROUP PRE6 MIUMS BASED ON GENETIC INFORMATION.—

7 For purposes of this section, a group 

8 health plan, or a health insurance issuer 

9 offering group health insurance coverage 

10 in connection with a group health plan, 

11 shall not adjust premium or contribution 

12 amounts for a group on the basis of ge13 netic information concerning an indi14 vidual in the group or a family member 

15 of the individual (including information 

16 about a request for or receipt of genetic 

17 services by an individual or family mem18 ber of such individual).’’. 

19 (b) LIMITATIONS ON GENETIC TESTING.—Sec20 tion 702 of the Employee Retirement Income 

21 Security Act of 1974 (29 U.S.C. 1182) is amend22 ed by adding at the end the following: 

23 ‘‘(c) GENETIC TESTING.—

24 ‘‘(1) LIMITATION ON REQUESTING OR RE25 QUIRING GENETIC TESTING.—A group health 


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1 plan, or a health insurance issuer offer2 ing health insurance coverage in connec3 tion with a group health plan, shall not 

4 request or require an individual or a fam5 ily member of such individual to undergo 

6 a genetic test. 

7 ‘‘(2) RULE OF CONSTRUCTION.—Nothing 

8 in this part shall be construed to—

9 ‘‘(A) limit the authority of a 

10 health care professional who is pro11 viding health care services with re12 spect to an individual to request that 

13 such individual or a family member 

14 of such individual undergo a genetic 

15 test; 

16 ‘‘(B) limit the authority of a 

17 health care professional who is em18 ployed by or affiliated with a group 

19 health plan or a health insurance 

20 issuer and who is providing health 

21 care services to an individual as part 

22 of a bona fide wellness program to 

23 notify such individual of the avail24 ability of a genetic test or to provide 


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1 information to such individual re2 garding such genetic test; or 

3 ‘‘(C) authorize or permit a health 

4 care professional to require that an 

5 individual undergo a genetic test. 

6 ‘‘(d) APPLICATION TO ALL PLANS.—The pro7 visions of subsections (a)(1)(F), (b)(3), and (c) 

8 shall apply to group health plans and health 

9 insurance issuers without regard to section 

10 732(a).’’. 

11 (c) REMEDIES AND ENFORCEMENT.—Section 

12 502 of the Employee Retirement Income Secu13 rity Act of 1974 (29 U.S.C. 1132) is amended by 

14 adding at the end the following: 

15 ‘‘(n) ENFORCEMENT OF GENETIC NON16 DISCRIMINATION REQUIREMENTS.—

17 ‘‘(1) INJUNCTIVE RELIEF FOR IRREP18 ARABLE HARM.—With respect to any viola19 tion of subsection (a)(1)(F), (b)(3), or (c) of 

20 section 702, a participant or beneficiary 

21 may seek relief under subsection 

22 502(a)(1)(B) prior to the exhaustion of 

23 available administrative remedies under 

24 section 503 if it is demonstrated to the 

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1 dence, that the exhaustion of such rem2 edies would cause irreparable harm to 

3 the health of the participant or bene4 ficiary. Any determinations that already 

5 have been made under section 503 in 

6 such case, or that are made in such case 

7 while an action under this paragraph is 

8 pending, shall be given due consideration 

9 by the court in any action under this sub10 section in such case. 

11 ‘‘(2) EQUITABLE RELIEF FOR GENETIC

12 NONDISCRIMINATION.—

13 ‘‘(A) REINSTATEMENT OF BENEFITS

14 WHERE EQUITABLE RELIEF HAS BEEN

15 AWARDED.—The recovery of benefits 

16 by a participant or beneficiary under 

17 a civil action under this section may 

18 include an administrative penalty 

19 under subparagraph (B) and the ret20 roactive reinstatement of coverage 

21 under the plan involved to the date 

22 on which the participant or bene23 ficiary was denied eligibility for cov24 erage if—


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1 ‘‘(i) the civil action was com2 menced under subsection 

3 (a)(1)(B); and 

4 ‘‘(ii) the denial of coverage on 

5 which such civil action was based 

6 constitutes a violation of sub7 section (a)(1)(F), (b)(3), or (c) of 

8 section 702. 

9 ‘‘(B) ADMINISTRATIVE PENALTY.—

10 ‘‘(i) IN GENERAL.—An adminis11 trator who fails to comply with 

12 the requirements of subsection 

13 (a)(1)(F), (b)(3), or (c) of section 

14 702 with respect to a participant 

15 or beneficiary may, in an action 

16 commenced under subsection 

17 (a)(1)(B), be personally liable in 

18 the discretion of the court, for a 

19 penalty in the amount not more 

20 than $100 for each day in the non21 compliance period. 

22 ‘‘(ii) NONCOMPLIANCE PERIOD.—

23 For purposes of clause (i), the 

24 term ‘noncompliance period’

25 means the period—


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1 ‘‘(I) beginning on the date 

2 that a failure described in 

3 clause (i) occurs; and 

4 ‘‘(II) ending on the date 

5 that such failure is corrected. 

6 ‘‘(iii) PAYMENT TO PARTICIPANT

7 OR BENEFICIARY.—A penalty col8 lected under this subparagraph 

9 shall be paid to the participant or 

10 beneficiary involved. 

11 ‘‘(3) SECRETARIAL ENFORCEMENT AU12 THORITY.—

13 ‘‘(A) GENERAL RULE.—The Sec14 retary has the authority to impose a 

15 penalty on any failure of a group 

16 health plan to meet the requirements 

17 of subsection (a)(1)(F), (b)(3), or (c) of 

18 section 702. 

19 ‘‘(B) AMOUNT.—

20 ‘‘(i) IN GENERAL.—The amount 

21 of the penalty imposed by sub22 paragraph (A) shall be $100 for 

23 each day in the noncompliance 

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1 vidual to whom such failure re2 lates. 

3 ‘‘(ii) NONCOMPLIANCE PERIOD.—

4 For purposes of this paragraph, 

5 the term ‘noncompliance period’

6 means, with respect to any fail7 ure, the period—

8 ‘‘(I) beginning on the date 

9 such failure first occurs; and 

10 ‘‘(II) ending on the date 

11 such failure is corrected. 

12 ‘‘(C) MINIMUM PENALTIES WHERE

13 FAILURE DISCOVERED.—Notwith14 standing clauses (i) and (ii) of sub15 paragraph (D): 

16 ‘‘(i) IN GENERAL.—In the case 

17 of 1 or more failures with respect 

18 to an individual—

19 ‘‘(I) which are not cor20 rected before the date on 

21 which the plan receives a no22 tice from the Secretary of 

23 such violation; and 


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1 ‘‘(II) which occurred or 

2 continued during the period 

3 involved; 

4 the amount of penalty imposed by 

5 subparagraph (A) by reason of 

6 such failures with respect to such 

7 individual shall not be less than 

8 $2,500. 

9 ‘‘(ii) HIGHER MINIMUM PENALTY

10 WHERE VIOLATIONS ARE MORE THAN

11 DE MINIMIS.—To the extent viola12 tions for which any person is lia13 ble under this paragraph for any 

14 year are more than de minimis, 

15 clause (i) shall be applied by sub16 stituting ‘$15,000’ for ‘$2,500’ with 

17 respect to such person. 

18 ‘‘(D) LIMITATIONS.—

19 ‘‘(i) PENALTY NOT TO APPLY

20 WHERE FAILURE NOT DISCOVERED

21 EXERCISING REASONABLE DILI22 GENCE.—No penalty shall be im23 posed by subparagraph (A) on any 

24 failure during any period for 

25 which it is established to the satVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6202 E:\BILLS\H493.RH H493

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1 isfaction of the Secretary that the 

2 person otherwise liable for such 

3 penalty did not know, and exer4 cising reasonable diligence would 

5 not have known, that such failure 

6 existed. 

7 ‘‘(ii) PENALTY NOT TO APPLY TO

8 FAILURES CORRECTED WITHIN CER9 TAIN PERIODS.—No penalty shall be 

10 imposed by subparagraph (A) on 

11 any failure if—

12 ‘‘(I) such failure was due 

13 to reasonable cause and not 

14 to willful neglect; and 

15 ‘‘(II) such failure is cor16 rected during the 30-day pe17 riod beginning on the first 

18 date the person otherwise lia19 ble for such penalty knew, or 

20 exercising reasonable dili21 gence would have known, that 

22 such failure existed. 

23 ‘‘(iii) OVERALL LIMITATION FOR

24 UNINTENTIONAL FAILURES.—In the 

25 case of failures which are due to 


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1 reasonable cause and not to will2 ful neglect, the penalty imposed 

3 by subparagraph (A) for failures 

4 shall not exceed the amount equal 

5 to the lesser of—

6 ‘‘(I) 10 percent of the ag7 gregate amount paid or in8 curred by the employer (or 

9 predecessor employer) during 

10 the preceding taxable year for 

11 group health plans; or 

12 ‘‘(II) $500,000. 

13 ‘‘(E) WAIVER BY SECRETARY.—In the 

14 case of a failure which is due to rea15 sonable cause and not to willful ne16 glect, the Secretary may waive part 

17 or all of the penalty imposed by sub18 paragraph (A) to the extent that the 

19 payment of such penalty would be ex20 cessive relative to the failure in21 volved.’’. 

22 (d) DEFINITIONS.—Section 733(d) of the 

23 Employee Retirement Income Security Act of 

24 1974 (29 U.S.C. 1191b(d)) is amended by add25 ing at the end the following: 


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1 ‘‘(5) FAMILY MEMBER.—The term ‘fam2 ily member’ means with respect to an in3 dividual—

4 ‘‘(A) the spouse of the individual; 

5 ‘‘(B) a dependent child of the indi6 vidual, including a child who is born 

7 to or placed for adoption with the in8 dividual; and 

9 ‘‘(C) all other individuals related 

10 by blood to the individual or the 

11 spouse or child described in subpara12 graph (A) or (B). 

13 ‘‘(6) GENETIC INFORMATION.—

14 ‘‘(A) IN GENERAL.—Except as pro15 vided in subparagraph (B), the term 

16 ‘genetic information’ means informa17 tion about—

18 ‘‘(i) an individual’s genetic 

19 tests; 

20 ‘‘(ii) the genetic tests of family 

21 members of the individual; or 

22 ‘‘(iii) the occurrence of a dis23 ease or disorder in family mem24 bers of the individual. 


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1 ‘‘(B) EXCLUSIONS.—The term ‘ge2 netic information’ shall not include 

3 information about the sex or age of 

4 an individual. 

5 ‘‘(7) GENETIC TEST.—

6 ‘‘(A) IN GENERAL.—The term ‘ge7 netic test’ means an analysis of 

8 human DNA, RNA, chromosomes, pro9 teins, or metabolites, that detects 

10 genotypes, mutations, or chromo11 somal changes. 

12 ‘‘(B) EXCEPTIONS.—The term ‘ge13 netic test’ does not mean—

14 ‘‘(i) an analysis of proteins or 

15 metabolites that does not detect 

16 genotypes, mutations, or chromo17 somal changes; or 

18 ‘‘(ii) an analysis of proteins or 

19 metabolites that is directly re20 lated to a manifested disease, dis21 order, or pathological condition 

22 that could reasonably be detected 

23 by a health care professional with 

24 appropriate training and experVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6202 E:\BILLS\H493.RH H493

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1 tise in the field of medicine in2 volved. 

3 ‘‘(8) GENETIC SERVICES.—The term ‘ge4 netic services’ means—

5 ‘‘(A) a genetic test; 

6 ‘‘(B) genetic counseling (such as 

7 obtaining, interpreting, or assessing 

8 genetic information); or 

9 ‘‘(C) genetic education.’’. 

10 (e) REGULATIONS AND EFFECTIVE DATE.—

11 (1) REGULATIONS.—Not later than 1 

12 year after the date of enactment of this 

13 title, the Secretary of Labor shall issue 

14 final regulations in an accessible format 

15 to carry out the amendments made by 

16 this section. 

17 (2) EFFECTIVE DATE.—The amendments 

18 made by this section shall apply with re19 spect to group health plans for plan years 

20 beginning after the date that is 18 

21 months after the date of enactment of 

22 this title. 


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1 SEC. 102. AMENDMENTS TO THE PUBLIC HEALTH SERVICE 

2 ACT. 

3 (a) AMENDMENTS RELATING TO THE GROUP

4 MARKET.—

5 (1) PROHIBITION OF HEALTH DISCRIMINA6 TION ON THE BASIS OF GENETIC INFORMA7 TION OR GENETIC SERVICES.—

8 (A) NO ENROLLMENT RESTRICTION

9 FOR GENETIC SERVICES.—Section 

10 2702(a)(1)(F) of the Public Health 

11 Service Act (42 U.S.C. 300gg–

12 1(a)(1)(F)) is amended by inserting 

13 before the period the following: ‘‘(in14 cluding information about a request 

15 for or receipt of genetic services by 

16 an individual or family member of 

17 such individual)’’. 

18 (B) NO DISCRIMINATION IN GROUP

19 PREMIUMS BASED ON GENETIC INFORMA20 TION.—Section 2702(b) of the Public 

21 Health Service Act (42 U.S.C. 300gg–

22 1(b)) is amended—

23 (i) in paragraph (2)(A), by in24 serting before the semicolon the 

25 following: ‘‘, except as provided in 

26 paragraph (3)’’; and 


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•HR 493 RH

1 (ii) by adding at the end the 

2 following: 

3 ‘‘(3) NO DISCRIMINATION IN GROUP PRE4 MIUMS BASED ON GENETIC INFORMATION.—

5 For purposes of this section, a group 

6 health plan, or a health insurance issuer 

7 offering group health insurance coverage 

8 in connection with a group health plan, 

9 shall not adjust premium or contribution 

10 amounts for a group on the basis of ge11 netic information concerning an indi12 vidual in the group or a family member 

13 of the individual (including information 

14 about a request for or receipt of genetic 

15 services by an individual or family mem16 ber of such individual).’’. 

17 (2) LIMITATIONS ON GENETIC TESTING.—

18 Section 2702 of the Public Health Service 

19 Act (42 U.S.C. 300gg–1) is amended by 

20 adding at the end the following: 

21 ‘‘(c) GENETIC TESTING.—

22 ‘‘(1) LIMITATION ON REQUESTING OR RE23 QUIRING GENETIC TESTING.—A group health 

24 plan, or a health insurance issuer offer25 ing health insurance coverage in connecVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6202 E:\BILLS\H493.RH H493

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1 tion with a group health plan, shall not 

2 request or require an individual or a fam3 ily member of such individual to undergo 

4 a genetic test. 

5 ‘‘(2) RULE OF CONSTRUCTION.—Nothing 

6 in this part shall be construed to—

7 ‘‘(A) limit the authority of a 

8 health care professional who is pro9 viding health care services with re10 spect to an individual to request that 

11 such individual or a family member 

12 of such individual undergo a genetic 

13 test; 

14 ‘‘(B) limit the authority of a 

15 health care professional who is em16 ployed by or affiliated with a group 

17 health plan or a health insurance 

18 issuer and who is providing health 

19 care services to an individual as part 

20 of a bona fide wellness program to 

21 notify such individual of the avail22 ability of a genetic test or to provide 

23 information to such individual re24 garding such genetic test; or 


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•HR 493 RH

1 ‘‘(C) authorize or permit a health 

2 care professional to require that an 

3 individual undergo a genetic test. 

4 ‘‘(d) APPLICATION TO ALL PLANS.—The pro5 visions of subsections (a)(1)(F), (b)(3), and (c) 

6 shall apply to group health plans and health 

7 insurance issuers without regard to section 

8 2721(a).’’. 

9 (3) REMEDIES AND ENFORCEMENT.—Sec10 tion 2722(b) of the Public Health Service 

11 Act (42 U.S.C. 300gg–22(b)) is amended by 

12 adding at the end the following: 

13 ‘‘(3) ENFORCEMENT AUTHORITY RELAT14 ING TO GENETIC DISCRIMINATION.—

15 ‘‘(A) GENERAL RULE.—In the cases 

16 described in paragraph (1), notwith17 standing the provisions of paragraph 

18 (2)(C), the following provisions shall 

19 apply with respect to an action under 

20 this subsection by the Secretary with 

21 respect to any failure of a health in22 surance issuer in connection with a 

23 group health plan, to meet the re24 quirements of subsection (a)(1)(F), 

25 (b)(3), or (c) of section 2702. 


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•HR 493 RH

1 ‘‘(B) AMOUNT.—

2 ‘‘(i) IN GENERAL.—The amount 

3 of the penalty imposed under this 

4 paragraph shall be $100 for each 

5 day in the noncompliance period 

6 with respect to each individual to 

7 whom such failure relates. 

8 ‘‘(ii) NONCOMPLIANCE PERIOD.—

9 For purposes of this paragraph, 

10 the term ‘noncompliance period’

11 means, with respect to any fail12 ure, the period—

13 ‘‘(I) beginning on the date 

14 such failure first occurs; and 

15 ‘‘(II) ending on the date 

16 such failure is corrected. 

17 ‘‘(C) MINIMUM PENALTIES WHERE

18 FAILURE DISCOVERED.—Notwith19 standing clauses (i) and (ii) of sub20 paragraph (D): 

21 ‘‘(i) IN GENERAL.—In the case 

22 of 1 or more failures with respect 

23 to an individual—

24 ‘‘(I) which are not cor25 rected before the date on 


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•HR 493 RH

1 which the plan receives a no2 tice from the Secretary of 

3 such violation; and 

4 ‘‘(II) which occurred or 

5 continued during the period 

6 involved; 

7 the amount of penalty imposed by 

8 subparagraph (A) by reason of 

9 such failures with respect to such 

10 individual shall not be less than 

11 $2,500. 

12 ‘‘(ii) HIGHER MINIMUM PENALTY

13 WHERE VIOLATIONS ARE MORE THAN

14 DE MINIMIS.—To the extent viola15 tions for which any person is lia16 ble under this paragraph for any 

17 year are more than de minimis, 

18 clause (i) shall be applied by sub19 stituting ‘$15,000’ for ‘$2,500’ with 

20 respect to such person. 

21 ‘‘(D) LIMITATIONS.—

22 ‘‘(i) PENALTY NOT TO APPLY

23 WHERE FAILURE NOT DISCOVERED

24 EXERCISING REASONABLE DILI25 GENCE.—No penalty shall be imVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6202 E:\BILLS\H493.RH H493

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1 posed by subparagraph (A) on any 

2 failure during any period for 

3 which it is established to the sat4 isfaction of the Secretary that the 

5 person otherwise liable for such 

6 penalty did not know, and exer7 cising reasonable diligence would 

8 not have known, that such failure 

9 existed. 

10 ‘‘(ii) PENALTY NOT TO APPLY TO

11 FAILURES CORRECTED WITHIN CER12 TAIN PERIODS.—No penalty shall be 

13 imposed by subparagraph (A) on 

14 any failure if—

15 ‘‘(I) such failure was due 

16 to reasonable cause and not 

17 to willful neglect; and 

18 ‘‘(II) such failure is cor19 rected during the 30-day pe20 riod beginning on the first 

21 date the person otherwise lia22 ble for such penalty knew, or 

23 exercising reasonable dili24 gence would have known, that 

25 such failure existed. 


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1 ‘‘(iii) OVERALL LIMITATION FOR

2 UNINTENTIONAL FAILURES.—In the 

3 case of failures which are due to 

4 reasonable cause and not to will5 ful neglect, the penalty imposed 

6 by subparagraph (A) for failures 

7 shall not exceed the amount equal 

8 to the lesser of—

9 ‘‘(I) 10 percent of the ag10 gregate amount paid or in11 curred by the employer (or 

12 predecessor employer) during 

13 the preceding taxable year for 

14 group health plans; or 

15 ‘‘(II) $500,000. 

16 ‘‘(E) WAIVER BY SECRETARY.—In the 

17 case of a failure which is due to rea18 sonable cause and not to willful ne19 glect, the Secretary may waive part 

20 or all of the penalty imposed by sub21 paragraph (A) to the extent that the 

22 payment of such penalty would be ex23 cessive relative to the failure in24 volved.’’. 


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1 (4) DEFINITIONS.—Section 2791(d) of 

2 the Public Health Service Act (42 U.S.C. 

3 300gg–91(d)) is amended by adding at the 

4 end the following: 

5 ‘‘(15) FAMILY MEMBER.—The term ‘fam6 ily member’ means with respect to an in7 dividual—

8 ‘‘(A) the spouse of the individual; 

9 ‘‘(B) a dependent child of the indi10 vidual, including a child who is born 

11 to or placed for adoption with the in12 dividual; and 

13 ‘‘(C) all other individuals related 

14 by blood to the individual or the 

15 spouse or child described in subpara16 graph (A) or (B). 

17 ‘‘(16) GENETIC INFORMATION.—

18 ‘‘(A) IN GENERAL.—Except as pro19 vided in subparagraph (B), the term 

20 ‘genetic information’ means informa21 tion about—

22 ‘‘(i) an individual’s genetic 

23 tests; 

24 ‘‘(ii) the genetic tests of family 

25 members of the individual; or 


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1 ‘‘(iii) the occurrence of a dis2 ease or disorder in family mem3 bers of the individual. 

4 ‘‘(B) EXCLUSIONS.—The term ‘ge5 netic information’ shall not include 

6 information about the sex or age of 

7 an individual. 

8 ‘‘(17) GENETIC TEST.—

9 ‘‘(A) IN GENERAL.—The term ‘ge10 netic test’ means an analysis of 

11 human DNA, RNA, chromosomes, pro12 teins, or metabolites, that detects 

13 genotypes, mutations, or chromo14 somal changes. 

15 ‘‘(B) EXCEPTIONS.—The term ‘ge16 netic test’ does not mean—

17 ‘‘(i) an analysis of proteins or 

18 metabolites that does not detect 

19 genotypes, mutations, or chromo20 somal changes; or 

21 ‘‘(ii) an analysis of proteins or 

22 metabolites that is directly re23 lated to a manifested disease, dis24 order, or pathological condition 

25 that could reasonably be detected 


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1 by a health care professional with 

2 appropriate training and exper3 tise in the field of medicine in4 volved. 

5 ‘‘(18) GENETIC SERVICES.—The term 

6 ‘genetic services’ means—

7 ‘‘(A) a genetic test; 

8 ‘‘(B) genetic counseling (such as 

9 obtaining, interpreting, or assessing 

10 genetic information); or 

11 ‘‘(C) genetic education.’’. 

12 (b) AMENDMENT RELATING TO THE INDI13 VIDUAL MARKET.—

14 (1) IN GENERAL.—The first subpart 3 of 

15 part B of title XXVII of the Public Health 

16 Service Act (42 U.S.C. 300gg–51 et seq.) 

17 (relating to other requirements) is 

18 amended—

19 (A) by redesignating such subpart 

20 as subpart 2; and 

21 (B) by adding at the end the fol22 lowing: 


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1 ‘‘SEC. 2753. PROHIBITION OF HEALTH DISCRIMINATION ON 

2 THE BASIS OF GENETIC INFORMATION. 

3 ‘‘(a) PROHIBITION ON GENETIC INFORMATION

4 AS A CONDITION OF ELIGIBILITY.—A health in5 surance issuer offering health insurance cov6 erage in the individual market may not estab7 lish rules for the eligibility (including contin8 ued eligibility) of any individual to enroll in 

9 individual health insurance coverage based 

10 on genetic information (including informa11 tion about a request for or receipt of genetic 

12 services by an individual or family member of 

13 such individual). 

14 ‘‘(b) PROHIBITION ON GENETIC INFORMATION

15 IN SETTING PREMIUM RATES.—A health insur16 ance issuer offering health insurance cov17 erage in the individual market shall not ad18 just premium or contribution amounts for an 

19 individual on the basis of genetic information 

20 concerning the individual or a family member 

21 of the individual (including information 

22 about a request for or receipt of genetic serv23 ices by an individual or family member of 

24 such individual). 

25 ‘‘(c) GENETIC TESTING.—


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1 ‘‘(1) LIMITATION ON REQUESTING OR RE2 QUIRING GENETIC TESTING.—A health insur3 ance issuer offering health insurance cov4 erage in the individual market shall not 

5 request or require an individual or a fam6 ily member of such individual to undergo 

7 a genetic test. 

8 ‘‘(2) RULE OF CONSTRUCTION.—Nothing 

9 in this part shall be construed to—

10 ‘‘(A) limit the authority of a 

11 health care professional who is pro12 viding health care services with re13 spect to an individual to request that 

14 such individual or a family member 

15 of such individual undergo a genetic 

16 test; 

17 ‘‘(B) limit the authority of a 

18 health care professional who is em19 ployed by or affiliated with a health 

20 insurance issuer and who is pro21 viding health care services to an indi22 vidual as part of a bona fide wellness 

23 program to notify such individual of 

24 the availability of a genetic test or to 


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1 provide information to such indi2 vidual regarding such genetic test; or 

3 ‘‘(C) authorize or permit a health 

4 care professional to require that an 

5 individual undergo a genetic test.’’. 

6 (2) REMEDIES AND ENFORCEMENT.—Sec7 tion 2761(b) of the Public Health Service 

8 Act (42 U.S.C. 300gg–61(b)) is amended to 

9 read as follows: 

10 ‘‘(b) SECRETARIAL ENFORCEMENT AUTHOR11 ITY.—The Secretary shall have the same au12 thority in relation to enforcement of the pro13 visions of this part with respect to issuers of 

14 health insurance coverage in the individual 

15 market in a State as the Secretary has under 

16 section 2722(b)(2), and section 2722(b)(3) with 

17 respect to violations of genetic non18 discrimination provisions, in relation to the 

19 enforcement of the provisions of part A with 

20 respect to issuers of health insurance cov21 erage in the small group market in the State.’’. 

22 (c) ELIMINATION OF OPTION OF NON-FED23 ERAL GOVERNMENTAL PLANS TO BE EXCEPTED

24 FROM REQUIREMENTS CONCERNING GENETIC IN25 FORMATION.—Section 2721(b)(2) of the Public 


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1 Health Service Act (42 U.S.C. 300gg–21(b)(2)) 

2 is amended—

3 (1) in subparagraph (A), by striking 

4 ‘‘If the plan sponsor’’ and inserting ‘‘Ex5 cept as provided in subparagraph (D), if 

6 the plan sponsor’’; and 

7 (2) by adding at the end the fol8 lowing: 

9 ‘‘(D) ELECTION NOT APPLICABLE TO

10 REQUIREMENTS CONCERNING GENETIC

11 INFORMATION.—The election described 

12 in subparagraph (A) shall not be 

13 available with respect to the provi14 sions of subsections (a)(1)(F) and (c) 

15 of section 2702 and the provisions of 

16 section 2702(b) to the extent that 

17 such provisions apply to genetic in18 formation (or information about a re19 quest for or the receipt of genetic 

20 services by an individual or a family 

21 member of such individual).’’. 

22 (d) REGULATIONS AND EFFECTIVE DATE.—

23 (1) REGULATIONS.—Not later than 1 

24 year after the date of enactment of this 

25 title, the Secretary of Labor and the SecVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6202 E:\BILLS\H493.RH H493

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1 retary of Health and Human Services (as 

2 the case may be) shall issue final regula3 tions in an accessible format to carry out 

4 the amendments made by this section. 

5 (2) EFFECTIVE DATE.—The amendments 

6 made by this section shall apply—

7 (A) with respect to group health 

8 plans, and health insurance coverage 

9 offered in connection with group 

10 health plans, for plan years beginning 

11 after the date that is 18 months after 

12 the date of enactment of this title; 

13 and 

14 (B) with respect to health insur15 ance coverage offered, sold, issued, 

16 renewed, in effect, or operated in the 

17 individual market after the date that 

18 is 18 months after the date of enact19 ment of this title. 

20 SEC. 103. AMENDMENTS TO THE INTERNAL REVENUE CODE 

21 OF 1986. 

22 (a) NO DISCRIMINATION IN GROUP PREMIUMS

23 BASED ON GENETIC INFORMATION.—Subsection 

24 (b) of section 9802 of the Internal Revenue 

25 Code of 1986 is amended—


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1 (1) in paragraph (2)(A), by inserting 

2 before the semicolon the following: ‘‘ex3 cept as provided in paragraph (3)’’; and 

4 (2) by adding at the end the fol5 lowing: 

6 ‘‘(3) NO GROUP-BASED DISCRIMINATION

7 ON BASIS OF GENETIC INFORMATION.—For 

8 purposes of this section, a group health 

9 plan may not adjust premium or con10 tribution amounts for the group covered 

11 under such plan on the basis of genetic 

12 information.’’. 

13 (b) LIMITATIONS ON GENETIC TESTING AND

14 COLLECTION OF GENETIC INFORMATION.—Sec15 tion 9802 of such Code is amended by redesig16 nating subsection (c) as subsection (f) and by 

17 inserting after subsection (b) the following 

18 new subsections: 

19 ‘‘(c) GENETIC TESTING.—

20 ‘‘(1) LIMITATION ON REQUESTING OR RE21 QUIRING GENETIC TESTING.—A group health 

22 plan may not request or require an indi23 vidual or a family member of such indi24 vidual to undergo a genetic test. 


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1 ‘‘(2) EXCEPTION FOR HEALTH CARE PRO2 FESSIONALS.—Paragraph (1) shall not be 

3 construed to limit the authority of a 

4 health care professional who is providing 

5 health care services to an individual to 

6 request that such individual undergo a 

7 genetic test. 

8 ‘‘(3) PROVISION OF INFORMATION NOT

9 PROHIBITED.—Paragraph (1) shall not be 

10 construed to limit the authority of a 

11 group health plan—

12 ‘‘(A) to provide information gen13 erally about the availability of ge14 netic tests, or 

15 ‘‘(B) to provide information about 

16 genetic tests to a health care profes17 sional with respect to the treatment 

18 of an individual to whom such profes19 sional is providing health care serv20 ices. 

21 ‘‘(d) PROHIBITION ON COLLECTION OF GE22 NETIC INFORMATION.—

23 ‘‘(1) IN GENERAL.—A group health plan 

24 shall not request, require, or purchase 


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1 genetic information for purposes of un2 derwriting (as defined in section 9832). 

3 ‘‘(2) PROHIBITION ON COLLECTION OF GE4 NETIC INFORMATION PRIOR TO ENROLL5 MENT.—A group health plan shall not re6 quest, require, or purchase genetic infor7 mation with respect to any individual 

8 prior to such individual’s enrollment 

9 under the plan or in connection with 

10 such enrollment. 

11 ‘‘(3) INCIDENTAL COLLECTION.—If a 

12 group health plan obtains genetic infor13 mation incidental to the requesting, re14 quiring, or purchasing of other informa15 tion concerning any individual, such re16 quest, requirement, or purchase shall not 

17 be considered a violation of paragraph 

18 (2) if such request, requirement, or pur19 chase is not in violation of paragraph (1). 

20 ‘‘(e) APPLICATION TO ALL PLANS.—The pro21 visions of subsections (a)(1)(F), (b)(3), (c), and 

22 (d) shall apply to group health plans without 

23 regard to section 9831(a).’’. 


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1 (c) DEFINITIONS.—Subsection (d) of section 

2 9832 of such Code is amended by adding at 

3 the end the following: 

4 ‘‘(6) FAMILY MEMBER.—The term ‘fam5 ily member’ means, with respect to any 

6 individual—

7 ‘‘(A) a dependent (as such term is 

8 used for purposes of section 

9 9801(f)(2)) of such individual, and 

10 ‘‘(B) any other individual who is a 

11 first-degree, second-degree, third-de12 gree, or fourth-degree relative of such 

13 individual or of an individual de14 scribed in subparagraph (A). 

15 ‘‘(7) GENETIC INFORMATION.—

16 ‘‘(A) IN GENERAL.—The term ‘ge17 netic information’ means, with re18 spect to any individual, information 

19 about—

20 ‘‘(i) such individual’s genetic 

21 tests, 

22 ‘‘(ii) the genetic tests of family 

23 members of such individual, and 


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1 ‘‘(iii) the occurrence of a dis2 ease or disorder in family mem3 bers of such individual. 

4 ‘‘(B) INCLUSION OF GENETIC SERV5 ICES AND PARTICIPATION IN GENETIC RE6 SEARCH.—Such term includes, with re7 spect to any individual, any request 

8 for genetic services, receipt of genetic 

9 services, or participation in any clin10 ical research, or any other program, 

11 which includes genetic services, by 

12 such individual or any family mem13 ber of such individual. 

14 ‘‘(C) EXCLUSIONS.—The term ‘ge15 netic information’ shall not include 

16 information about the sex or age of 

17 any individual. 

18 ‘‘(D) APPLICATION TO FAMILY MEM19 BERS COVERED UNDER SAME PLAN.—In20 formation described in clause (iii) of 

21 subparagraph (A) shall not be treated 

22 as genetic information to the extent 

23 that such information is taken into 

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1 order occurs and not as genetic infor2 mation with respect to any other in3 dividual. 

4 ‘‘(8) GENETIC TEST.—

5 ‘‘(A) IN GENERAL.—The term ‘ge6 netic test’ means an analysis of 

7 human DNA, RNA, chromosomes, pro8 teins, or metabolites, that detects 

9 genotypes, mutations, or chromo10 somal changes. 

11 ‘‘(B) EXCEPTIONS.—The term ‘ge12 netic test’ does not mean—

13 ‘‘(i) an analysis of proteins or 

14 metabolites that does not detect 

15 genotypes, mutations, or chromo16 somal changes, or 

17 ‘‘(ii) an analysis of proteins or 

18 metabolites that is directly re19 lated to a manifested disease, dis20 order, or pathological condition 

21 that could reasonably be detected 

22 by a health care professional with 

23 appropriate training and exper24 tise in the field of medicine in25 volved. 


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1 ‘‘(9) GENETIC SERVICES.—The term ‘ge2 netic services’ means—

3 ‘‘(A) a genetic test, 

4 ‘‘(B) genetic counseling (such as 

5 obtaining, interpreting, or assessing 

6 genetic information), and 

7 ‘‘(C) genetic education. 

8 ‘‘(10) UNDERWRITING.—The term ‘un9 derwriting’ means, with respect to any 

10 group health plan—

11 ‘‘(A) rules for eligibility (including 

12 enrollment and continued eligibility) 

13 for, or determination of, benefits 

14 under the plan, 

15 ‘‘(B) the computation of premium 

16 or contribution amounts under the 

17 plan, 

18 ‘‘(C) the application of any pre-ex19 isting condition exclusion under the 

20 plan, and 

21 ‘‘(D) other activities related to the 

22 creation, renewal, or replacement of 

23 a contract of health insurance or 

24 health benefits.’’. 

25 (d) ENFORCEMENT.—


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1 (1) IN GENERAL.—Subchapter C of 

2 chapter 100 of the Internal Revenue Code 

3 of 1986 (relating to general provisions) is 

4 amended by adding at the end the fol5 lowing new section: 

6 ‘‘SEC. 9834. ENFORCEMENT. 

7 ‘‘For the imposition of tax on any failure 

8 of a group health plan to meet the require9 ments of this chapter, see section 4980D.’’. 

10 (2) CONFORMING AMENDMENT.—The 

11 table of sections for subchapter C of 

12 chapter 100 of such Code is amended by 

13 adding at the end the following new item: 

‘‘Sec. 9834. Enforcement.’’. 

14 (e) REGULATIONS AND EFFECTIVE DATE.—

15 (1) REGULATIONS.—The Secretary of 

16 the Treasury shall issue regulations or 

17 other guidance not later than 1 year after 

18 the date of the enactment of this Act to 

19 carry out the amendments made by this 

20 section. 

21 (2) EFFECTIVE DATE.—The amendments 

22 made by this section shall apply with re23 spect to group health plans for plan years 

24 beginning after the date that is 18 


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1 months after the date of the enactment of 

2 this Act. 

3 SEC. 104. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SE4 CURITY ACT RELATING TO MEDIGAP. 

5 (a) NONDISCRIMINATION.—Section 

6 1882(s)(2) of the Social Security Act (42 U.S.C. 

7 1395ss(s)(2)) is amended by adding at the end 

8 the following: 

9 ‘‘(E) An issuer of a medicare supplemental 

10 policy shall not deny or condition the 

11 issuance or effectiveness of the policy (includ12 ing the imposition of any exclusion of benefits 

13 under the policy based on a pre-existing con14 dition) and shall not discriminate in the pric15 ing of the policy (including the adjustment of 

16 premium rates) of an individual on the basis 

17 of the genetic information with respect to 

18 such individual.’’. 

19 (b) LIMITATIONS ON GENETIC TESTING AND

20 COLLECTION OF GENETIC INFORMATION.—

21 (1) IN GENERAL.—Section 1882 of the 

22 Social Security Act (42 U.S.C. 1395ss) is 

23 amended by adding at the end the fol24 lowing: 


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1 ‘‘(x) LIMITATIONS ON GENETIC TESTING AND

2 COLLECTION OF GENETIC INFORMATION.—

3 ‘‘(1) GENETIC TESTING.—

4 ‘‘(A) LIMITATION ON REQUESTING OR

5 REQUIRING GENETIC TESTING.—An 

6 issuer of a medicare supplemental 

7 policy shall not request or require an 

8 individual or a family member of 

9 such individual to undergo a genetic 

10 test. 

11 ‘‘(B) EXCEPTION FOR HEALTH CARE

12 PROFESSIONALS.—Subparagraph (A) 

13 shall not be construed to limit the au14 thority of a health care professional 

15 who is providing health care services 

16 to an individual to request that such 

17 individual undergo a genetic test. 

18 ‘‘(C) PROVISION OF INFORMATION

19 NOT PROHIBITED.—Subparagraph (A) 

20 shall not be construed to limit the au21 thority of an issuer of a medicare 

22 supplemental policy—

23 ‘‘(i) to provide information 

24 generally about the availability of 

25 genetic tests, or 


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1 ‘‘(ii) to provide information 

2 about genetic tests to a health 

3 care professional with respect to 

4 the treatment of an individual to 

5 whom such professional is pro6 viding health care services. 

7 ‘‘(2) PROHIBITION ON COLLECTION OF GE8 NETIC INFORMATION.—

9 ‘‘(A) IN GENERAL.—An issuer of a 

10 medicare supplemental policy shall 

11 not request, require, or purchase ge12 netic information for purposes of un13 derwriting. 

14 ‘‘(B) LIMITATION RELATING TO THE

15 COLLECTION OF GENETIC INFORMATION

16 PRIOR TO ENROLLMENT.—An issuer of a 

17 medicare supplemental policy shall 

18 not request, require, or purchase ge19 netic information concerning any in20 dividual prior to such individual’s en21 rollment under the policy or in con22 nection with such enrollment. 

23 ‘‘(C) INCIDENTAL COLLECTION.—

24 Where an issuer of a medicare supple25 mental policy obtains genetic inforVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6202 E:\BILLS\H493.RH H493

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1 mation incidental to the requesting, 

2 requiring, or purchasing of other in3 formation concerning an enrollee, 

4 such request, requirement, or pur5 chase shall not be considered a viola6 tion of this paragraph if such request, 

7 requirement, or purchase is not in 

8 violation of subparagraph (A). 

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

10 and subsection (s)(2)(E): 

11 ‘‘(A) FAMILY MEMBER.—The term 

12 ‘family member’ means, with respect 

13 to any individual, any individual who 

14 is a first-degree, second-degree, third15 degree, or fourth-degree relative of 

16 such individual. 

17 ‘‘(B) GENETIC INFORMATION.—

18 ‘‘(i) IN GENERAL.—The term ‘ge19 netic information’ means, with re20 spect to any individual, informa21 tion about—

22 ‘‘(I) such individual’s ge23 netic tests; 


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1 ‘‘(II) the genetic tests of 

2 family members of such indi3 vidual; and 

4 ‘‘(III) the occurrence of a 

5 disease or disorder in family 

6 members of such individual. 

7 ‘‘(ii) INCLUSION OF GENETIC

8 SERVICES AND PARTICIPATION IN GE9 NETIC RESEARCH.—Such term in10 cludes, with respect to any indi11 vidual, any request for genetic 

12 services, receipt of genetic serv13 ices, or participation in any clin14 ical research, or any other pro15 gram, which includes genetic 

16 services, by such individual or 

17 any family member of such indi18 vidual. 

19 ‘‘(iii) EXCLUSIONS.—The term 

20 ‘genetic information’ shall not in21 clude information about the sex 

22 or age of an individual. 

23 ‘‘(C) GENETIC TEST.—

24 ‘‘(i) IN GENERAL.—The term ‘ge25 netic test’ means an analysis of 


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1 human DNA, RNA, chromosomes, 

2 proteins, or metabolites, that de3 tects genotypes, mutations, or 

4 chromosomal changes. 

5 ‘‘(ii) EXCEPTIONS.—The term 

6 ‘genetic test’ does not mean—

7 ‘‘(I) an analysis of proteins 

8 or metabolites that does not 

9 detect genotypes, mutations, 

10 or chromosomal changes; or 

11 ‘‘(II) an analysis of pro12 teins or metabolites that is di13 rectly related to a manifested 

14 disease, disorder, or patholog15 ical condition that could rea16 sonably be detected by a 

17 health care professional with 

18 appropriate training and ex19 pertise in the field of medi20 cine involved. 

21 ‘‘(D) GENETIC SERVICES.—The term 

22 ‘genetic services’ means—

23 ‘‘(i) a genetic test; 


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1 ‘‘(ii) genetic counseling (such 

2 as obtaining, interpreting, or as3 sessing genetic information); and 

4 ‘‘(iii) genetic education. 

5 ‘‘(E) UNDERWRITING.—The term 

6 ‘underwriting’ means, with respect to 

7 a medicare supplemental policy—

8 ‘‘(i) rules for eligibility (in9 cluding enrollment and continued 

10 eligibility) for, or determination 

11 of, benefits under the policy; 

12 ‘‘(ii) the computation of pre13 mium or contribution amounts 

14 under the policy; 

15 ‘‘(iii) the application of any 

16 pre-existing condition exclusion 

17 under the policy; and 

18 ‘‘(iv) other activities related to 

19 the creation, renewal, or replace20 ment of a contract of health in21 surance or health benefits. 

22 ‘‘(F) ISSUER OF A MEDICARE SUPPLE23 MENTAL POLICY.—The term ‘issuer of a 

24 medicare supplemental policy’ in25 cludes a third-party administrator or 


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1 other person acting for or on behalf 

2 of such issuer.’’. 

3 (2) CONFORMING AMENDMENT.—Section 

4 1882(o) of such Act (42 U.S.C. 1395ss(o)) is 

5 amended by adding at the end the fol6 lowing: 

7 ‘‘(4) The issuer of the medicare sup8 plemental policy (as defined in sub9 section (x)) complies with subsection 

10 (s)(2)(E) and subsection (x).’’. 

11 (c) EFFECTIVE DATE.—The amendments 

12 made by this section shall apply with respect 

13 to an issuer of a medicare supplemental pol14 icy for policy years beginning on or after the 

15 date that is 18 months after the date of enact16 ment of this Act. 

17 (d) TRANSITION PROVISIONS.—

18 (1) IN GENERAL.—If the Secretary of 

19 Health and Human Services identifies a 

20 State as requiring a change to its statutes 

21 or regulations to conform its regulatory 

22 program to the changes made by this sec23 tion, the State regulatory program shall 

24 not be considered to be out of compliance 

25 with the requirements of section 1882 of 


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1 the Social Security Act due solely to fail2 ure to make such change until the date 

3 specified in paragraph (4). 

4 (2) NAIC STANDARDS.—If, not later 

5 than June 30, 2008, the National Associa6 tion of Insurance Commissioners (in this 

7 subsection referred to as the ‘‘NAIC’’) 

8 modifies its NAIC Model Regulation relat9 ing to section 1882 of the Social Security 

10 Act (referred to in such section as the 

11 1991 NAIC Model Regulation, as subse12 quently modified) to conform to the 

13 amendments made by this section, such 

14 revised regulation incorporating the 

15 modifications shall be considered to be 

16 the applicable NAIC model regulation (in17 cluding the revised NAIC model regula18 tion and the 1991 NAIC Model Regula19 tion) for the purposes of such section. 

20 (3) SECRETARY STANDARDS.—If the 

21 NAIC does not make the modifications 

22 described in paragraph (2) within the pe23 riod specified in such paragraph, the Sec24 retary of Health and Human Services 

25 shall, not later than October 1, 2008, 


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1 make the modifications described in such 

2 paragraph and such revised regulation 

3 incorporating the modifications shall be 

4 considered to be the appropriate regula5 tion for the purposes of such section. 

6 (4) DATE SPECIFIED.—

7 (A) IN GENERAL.—Subject to sub8 paragraph (B), the date specified in 

9 this paragraph for a State is the ear10 lier of—

11 (i) the date the State changes 

12 its statutes or regulations to con13 form its regulatory program to 

14 the changes made by this section, 

15 or 

16 (ii) October 1, 2008. 

17 (B) ADDITIONAL LEGISLATIVE AC18 TION REQUIRED.—In the case of a State 

19 which the Secretary identifies as—

20 (i) requiring State legislation 

21 (other than legislation appro22 priating funds) to conform its reg23 ulatory program to the changes 

24 made in this section, but 


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1 (ii) having a legislature which 

2 is not scheduled to meet in 2008 

3 in a legislative session in which 

4 such legislation may be consid5 ered, the date specified in this 

6 paragraph is the first day of the 

7 first calendar quarter beginning 

8 after the close of the first legisla9 tive session of the State legisla10 ture that begins on or after July 

11 1, 2008. For purposes of the pre12 vious sentence, in the case of a 

13 State that has a 2-year legislative 

14 session, each year of such session 

15 shall be deemed to be a separate 

16 regular session of the State legis17 lature. 

18 SEC. 105. PRIVACY AND CONFIDENTIALITY. 

19 Part C of title XI of the Social Security Act 

20 is amended by adding at the end the following 

21 new section: 

22 ‘‘APPLICATION OF HIPAA REGULATIONS TO

23 GENETIC INFORMATION

24 ‘‘SEC. 1180. (a) IN GENERAL.—The Secretary 

25 of Health and Human Services shall revise the 

26 HIPAA privacy regulation (as defined in subVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6202 E:\BILLS\H493.RH H493

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1 section (b)) so it is consistent with the fol2 lowing: 

3 ‘‘(1) Genetic information shall be 

4 treated as health information described 

5 in section 1171(4)(B). 

6 ‘‘(2) The use or disclosure by a cov7 ered entity that is a group health plan, 

8 health insurance issuer that issues health 

9 insurance coverage, or issuer of a medi10 care supplemental policy of protected 

11 health information that is genetic infor12 mation about an individual for under13 writing purposes under the plan, cov14 erage, or policy shall not be a permitted 

15 use or disclosure. 

16 ‘‘(b) DEFINITIONS.—For purposes of this 

17 section: 

18 ‘‘(1) GENETIC INFORMATION; GENETIC

19 TEST; FAMILY MEMBER.—The terms ‘genetic 

20 information’, ‘genetic test’, and ‘family 

21 member’ have the meanings given such 

22 terms in section 2791 of the Public Health 

23 Service Act (42 U.S.C. 300gg-91), as 

24 amended by the Genetic Information 

25 Nondiscrimination Act of 2007. 


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1 ‘‘(2) GROUP HEALTH PLAN; HEALTH IN2 SURANCE COVERAGE; MEDICARE SUPPLE3 MENTAL POLICY.—The terms ‘group health 

4 plan’ and ‘health insurance coverage’

5 have the meanings given such terms 

6 under section 2791 of the Public Health 

7 Service Act (42 U.S.C. 300gg-91), and the 

8 term ‘medicare supplemental policy’ has 

9 the meaning given such term in section 

10 1882(g). 

11 ‘‘(3) HIPAA PRIVACY REGULATION.—The 

12 term ‘HIPAA privacy regulation’ means 

13 the regulations promulgated by the Sec14 retary under this part and section 264 of 

15 the Health Insurance Portability and Ac16 countability Act of 1996 (42 U.S.C. 1320d–

17 2 note). 

18 ‘‘(4) UNDERWRITING PURPOSES.—The 

19 term ‘underwriting purposes’ means, with 

20 respect to a group health plan, health in21 surance coverage, or a medicare supple22 mental policy—

23 ‘‘(A) rules for eligibility (including 

24 enrollment and continued eligibility) 


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1 for, or determination of, benefits 

2 under the plan, coverage, or policy; 

3 ‘‘(B) the computation of premium 

4 or contribution amounts under the 

5 plan, coverage, or policy; 

6 ‘‘(C) the application of any pre-ex7 isting condition exclusion under the 

8 plan, coverage, or policy; and 

9 ‘‘(D) other activities related to the 

10 creation, renewal, or replacement of 

11 a contract of health insurance or 

12 health benefits. 

13 ‘‘(c) PROCEDURE.—The revisions under 

14 subsection (a) shall be made by notice in the 

15 Federal Register published not later than 60 

16 days after the date of the enactment of this 

17 section and shall be effective upon publica18 tion, without opportunity for any prior public 

19 comment, but may be revised, consistent with 

20 this section, after opportunity for public com21 ment.’’. 

22 SEC. 106. ASSURING COORDINATION. 

23 (a) IN GENERAL.—Except as provided in 

24 subsection (b), the Secretary of the Treasury, 

25 the Secretary of Health and Human Services, 


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1 and the Secretary of Labor shall ensure, 

2 through the execution of an interagency 

3 memorandum of understanding among such 

4 Secretaries, that—

5 (1) regulations, rulings, and interpre6 tations issued by such Secretaries relat7 ing to the same matter over which two or 

8 more such Secretaries have responsibility 

9 under this title (and the amendments 

10 made by this title) are administered so as 

11 to have the same effect at all times; and 

12 (2) coordination of policies relating to 

13 enforcing the same requirements through 

14 such Secretaries in order to have a co15 ordinated enforcement strategy that 

16 avoids duplication of enforcement efforts 

17 and assigns priorities in enforcement. 

18 (b) AUTHORITY OF THE SECRETARY.—The 

19 Secretary of Health and Human Services has 

20 the sole authority to promulgate regulations 

21 to implement the amendment made by section 

22 104. 

23 SEC. 107. REGULATIONS; EFFECTIVE DATE. 

24 (a) REGULATIONS.—Not later than 1 year 

25 after the date of enactment of this title, the 


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1 Secretary of Labor, the Secretary of Health 

2 and Human Services, and the Secretary of the 

3 Treasury shall issue final regulations in an ac4 cessible format to carry out this title. 

5 (b) EFFECTIVE DATE.—Except as provided 

6 in section 103, the amendments made by this 

7 title shall take effect on the date that is 18 

8 months after the date of enactment of this 

9 Act. 

10 TITLE II—PROHIBITING EM11 PLOYMENT DISCRIMINATION 

12 ON THE BASIS OF GENETIC 

13 INFORMATION 

14 SEC. 201. DEFINITIONS. 

15 In this title: 

16 (1) COMMISSION.—The term ‘‘Commis17 sion’’ means the Equal Employment Op18 portunity Commission as created by sec19 tion 705 of the Civil Rights Act of 1964 (42 

20 U.S.C. 2000e–4). 

21 (2) EMPLOYEE; EMPLOYER; EMPLOYMENT

22 AGENCY; LABOR ORGANIZATION; MEMBER.—

23 (A) IN GENERAL.—The term ‘‘em24 ployee’’ means—


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1 (i) an employee (including an 

2 applicant), as defined in section 

3 701(f) of the Civil Rights Act of 

4 1964 (42 U.S.C. 2000e(f)); 

5 (ii) a State employee (includ6 ing an applicant) described in 

7 section 304(a) of the Government 

8 Employee Rights Act of 1991 (42 

9 U.S.C. 2000e–16c(a)); 

10 (iii) a covered employee (in11 cluding an applicant), as defined 

12 in section 101 of the Congres13 sional Accountability Act of 1995 

14 (2 U.S.C. 1301); 

15 (iv) a covered employee (in16 cluding an applicant), as defined 

17 in section 411(c) of title 3, United 

18 States Code; or 

19 (v) an employee or applicant 

20 to which section 717(a) of the 

21 Civil Rights Act of 1964 (42 U.S.C. 

22 2000e–16(a)) applies. 

23 (B) EMPLOYER.—The term ‘‘em24 ployer’’ means—


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1 (i) an employer (as defined in 

2 section 701(b) of the Civil Rights 

3 Act of 1964 (42 U.S.C. 2000e(b)); 

4 (ii) an entity employing a 

5 State employee described in sec6 tion 304(a) of the Government 

7 Employee Rights Act of 1991; 

8 (iii) an employing office, as 

9 defined in section 101 of the Con10 gressional Accountability Act of 

11 1995; 

12 (iv) an employing office, as de13 fined in section 411(c) of title 3, 

14 United States Code; or 

15 (v) an entity to which section 

16 717(a) of the Civil Rights Act of 

17 1964 applies. 

18 (C) EMPLOYMENT AGENCY; LABOR

19 ORGANIZATION.—The terms ‘‘employ20 ment agency’’ and ‘‘labor organiza21 tion’’ have the meanings given the 

22 terms in section 701 of the Civil 

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

24 (D) MEMBER.—The term ‘‘mem25 ber’’, with respect to a labor organizaVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6202 E:\BILLS\H493.RH H493

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1 tion, includes an applicant for mem2 bership in a labor organization. 

3 (3) FAMILY MEMBER.—The term ‘‘family 

4 member’’ means with respect to an indi5 vidual—

6 (A) the spouse of the individual; 

7 (B) a dependent child of the indi8 vidual, including a child who is born 

9 to or placed for adoption with the in10 dividual; and 

11 (C) all other individuals related 

12 by blood to the individual or the 

13 spouse or child described in subpara14 graph (A) or (B). 

15 (4) GENETIC INFORMATION.—

16 (A) IN GENERAL.—Except as pro17 vided in subparagraph (B), the term 

18 ‘‘genetic information’’ means informa19 tion about—

20 (i) an individual’s genetic 

21 tests; 

22 (ii) the genetic tests of family 

23 members of the individual; or 


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1 (iii) the occurrence of a dis2 ease or disorder in family mem3 bers of the individual. 

4 (B) EXCEPTIONS.—The term ‘‘ge5 netic information’’ shall not include 

6 information about the sex or age of 

7 an individual. 

8 (5) GENETIC MONITORING.—The term 

9 ‘‘genetic monitoring’’ means the periodic 

10 examination of employees to evaluate ac11 quired modifications to their genetic ma12 terial, such as chromosomal damage or 

13 evidence of increased occurrence of 

14 mutations, that may have developed in 

15 the course of employment due to expo16 sure to toxic substances in the work17 place, in order to identify, evaluate, and 

18 respond to the effects of or control ad19 verse environmental exposures in the 

20 workplace. 

21 (6) GENETIC SERVICES.—The term ‘‘ge22 netic services’’ means—

23 (A) a genetic test; 


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1 (B) genetic counseling (such as 

2 obtaining, interpreting or assessing 

3 genetic information); or 

4 (C) genetic education. 

5 (7) GENETIC TEST.—

6 (A) IN GENERAL.—The term ‘‘ge7 netic test’’ means the analysis of 

8 human DNA, RNA, chromosomes, pro9 teins, or metabolites, that detects 

10 genotypes, mutations, or chromo11 somal changes. 

12 (B) EXCEPTION.—The term ‘‘genetic 

13 test’’ does not mean an analysis of 

14 proteins or metabolites that does not 

15 detect genotypes, mutations, or chro16 mosomal changes. 

17 SEC. 202. EMPLOYER PRACTICES. 

18 (a) USE OF GENETIC INFORMATION.—It shall 

19 be an unlawful employment practice for an 

20 employer—

21 (1) to fail or refuse to hire or to dis22 charge any employee, or otherwise to dis23 criminate against any employee with re24 spect to the compensation, terms, condi25 tions, or privileges of employment of the 


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1 employee, because of genetic information 

2 with respect to the employee (or informa3 tion about a request for or the receipt of 

4 genetic services by such employee or 

5 family member of such employee); or 

6 (2) to limit, segregate, or classify the 

7 employees of the employer in any way 

8 that would deprive or tend to deprive 

9 any employee of employment opportuni10 ties or otherwise adversely affect the sta11 tus of the employee as an employee, be12 cause of genetic information with respect 

13 to the employee (or information about a 

14 request for or the receipt of genetic serv15 ices by such employee or family member 

16 of such employee). 

17 (b) ACQUISITION OF GENETIC INFORMA18 TION.—It shall be an unlawful employment 

19 practice for an employer to request, require, 

20 or purchase genetic information with respect 

21 to an employee or a family member of the em22 ployee (or information about a request for the 

23 receipt of genetic services by such employee 

24 or a family member of such employee) ex25 cept—


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1 (1) where an employer inadvertently 

2 requests or requires family medical his3 tory of the employee or family member of 

4 the employee; 

5 (2) where—

6 (A) health or genetic services are 

7 offered by the employer, including 

8 such services offered as part of a 

9 bona fide wellness program; 

10 (B) the employee provides prior, 

11 knowing, voluntary, and written au12 thorization; 

13 (C) only the employee (or family 

14 member if the family member is re15 ceiving genetic services) and the li16 censed health care professional or 

17 board certified genetic counselor in18 volved in providing such services re19 ceive individually identifiable infor20 mation concerning the results of such 

21 services; and 

22 (D) any individually identifiable 

23 genetic information provided under 

24 subparagraph (C) in connection with 

25 the services provided under subparaVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6202 E:\BILLS\H493.RH H493

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1 graph (A) is only available for pur2 poses of such services and shall not 

3 be disclosed to the employer except 

4 in aggregate terms that do not dis5 close the identity of specific employ6 ees; 

7 (3) where an employer requests or re8 quires family medical history from the 

9 employee to comply with the certification 

10 provisions of section 103 of the Family 

11 and Medical Leave Act of 1993 (29 U.S.C. 

12 2613) or such requirements under State 

13 family and medical leave laws; 

14 (4) where an employer purchases doc15 uments that are commercially and pub16 licly available (including newspapers, 

17 magazines, periodicals, and books, but 

18 not including medical databases or court 

19 records) that include family medical his20 tory; or 

21 (5) where the information involved is 

22 to be used for genetic monitoring of the 

23 biological effects of toxic substances in 

24 the workplace, but only if—


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•HR 493 RH

1 (A) the employer provides written 

2 notice of the genetic monitoring to 

3 the employee; 

4 (B)(i) the employee provides 

5 prior, knowing, voluntary, and writ6 ten authorization; or 

7 (ii) the genetic monitoring is re8 quired by Federal or State law; 

9 (C) the employee is informed of 

10 individual monitoring results; 

11 (D) the monitoring is in compli12 ance with—

13 (i) any Federal genetic moni14 toring regulations, including any 

15 such regulations that may be pro16 mulgated by the Secretary of 

17 Labor pursuant to the Occupa18 tional Safety and Health Act of 

19 1970 (29 U.S.C. 651 et seq.), the 

20 Federal Mine Safety and Health 

21 Act of 1977 (30 U.S.C. 801 et seq.), 

22 or the Atomic Energy Act of 1954 

23 (42 U.S.C. 2011 et seq.); or 

24 (ii) State genetic monitoring 

25 regulations, in the case of a State 


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1 that is implementing genetic mon2 itoring regulations under the au3 thority of the Occupational Safety 

4 and Health Act of 1970 (29 U.S.C. 

5 651 et seq.); and 

6 (E) the employer, excluding any 

7 licensed health care professional or 

8 board certified genetic counselor that 

9 is involved in the genetic monitoring 

10 program, receives the results of the 

11 monitoring only in aggregate terms 

12 that do not disclose the identity of 

13 specific employees. 

14 (c) PRESERVATION OF PROTECTIONS.—In the 

15 case of information to which any of para16 graphs (1) through (5) of subsection (b) ap17 plies, such information may not be used in 

18 violation of paragraph (1) or (2) of subsection 

19 (a) or treated or disclosed in a manner that 

20 violates section 206. 

21 SEC. 203. EMPLOYMENT AGENCY PRACTICES. 

22 (a) USE OF GENETIC INFORMATION.—It shall 

23 be an unlawful employment practice for an 

24 employment agency—


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1 (1) to fail or refuse to refer for em2 ployment, or otherwise to discriminate 

3 against, any individual because of genetic 

4 information with respect to the indi5 vidual (or information about a request 

6 for or the receipt of genetic services by 

7 such individual or family member of such 

8 individual); 

9 (2) to limit, segregate, or classify indi10 viduals or fail or refuse to refer for em11 ployment any individual in any way that 

12 would deprive or tend to deprive any in13 dividual of employment opportunities, or 

14 otherwise adversely affect the status of 

15 the individual as an employee, because of 

16 genetic information with respect to the 

17 individual (or information about a re18 quest for or the receipt of genetic serv19 ices by such individual or family member 

20 of such individual); or 

21 (3) to cause or attempt to cause an 

22 employer to discriminate against an indi23 vidual in violation of this title. 

24 (b) ACQUISITION OF GENETIC INFORMA25 TION.—It shall be an unlawful employment 


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1 practice for an employment agency to re2 quest, require, or purchase genetic informa3 tion with respect to an individual or a family 

4 member of the individual (or information 

5 about a request for the receipt of genetic serv6 ices by such individual or a family member of 

7 such individual) except—

8 (1) where an employment agency in9 advertently requests or requires family 

10 medical history of the individual or fam11 ily member of the individual; 

12 (2) where—

13 (A) health or genetic services are 

14 offered by the employment agency, 

15 including such services offered as 

16 part of a bona fide wellness program; 

17 (B) the individual provides prior, 

18 knowing, voluntary, and written au19 thorization; 

20 (C) only the individual (or family 

21 member if the family member is re22 ceiving genetic services) and the li23 censed health care professional or 

24 board certified genetic counselor in25 volved in providing such services reVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6202 E:\BILLS\H493.RH H493

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1 ceive individually identifiable infor2 mation concerning the results of such 

3 services; and 

4 (D) any individually identifiable 

5 genetic information provided under 

6 subparagraph (C) in connection with 

7 the services provided under subpara8 graph (A) is only available for pur9 poses of such services and shall not 

10 be disclosed to the employment agen11 cy except in aggregate terms that do 

12 not disclose the identity of specific 

13 individuals; 

14 (3) where an employment agency re15 quests or requires family medical history 

16 from the individual to comply with the 

17 certification provisions of section 103 of 

18 the Family and Medical Leave Act of 1993 

19 (29 U.S.C. 2613) or such requirements 

20 under State family and medical leave 

21 laws; 

22 (4) where an employment agency pur23 chases documents that are commercially 

24 and publicly available (including news25 papers, magazines, periodicals, and 


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1 books, but not including medical data2 bases or court records) that include fam3 ily medical history; or 

4 (5) where the information involved is 

5 to be used for genetic monitoring of the 

6 biological effects of toxic substances in 

7 the workplace, but only if—

8 (A) the employment agency pro9 vides written notice of the genetic 

10 monitoring to the individual; 

11 (B)(i) the individual provides 

12 prior, knowing, voluntary, and writ13 ten authorization; or 

14 (ii) the genetic monitoring is re15 quired by Federal or State law; 

16 (C) the individual is informed of 

17 individual monitoring results; 

18 (D) the monitoring is in compli19 ance with—

20 (i) any Federal genetic moni21 toring regulations, including any 

22 such regulations that may be pro23 mulgated by the Secretary of 

24 Labor pursuant to the Occupa25 tional Safety and Health Act of 


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•HR 493 RH

1 1970 (29 U.S.C. 651 et seq.), the 

2 Federal Mine Safety and Health 

3 Act of 1977 (30 U.S.C. 801 et seq.), 

4 or the Atomic Energy Act of 1954 

5 (42 U.S.C. 2011 et seq.); or 

6 (ii) State genetic monitoring 

7 regulations, in the case of a State 

8 that is implementing genetic mon9 itoring regulations under the au10 thority of the Occupational Safety 

11 and Health Act of 1970 (29 U.S.C. 

12 651 et seq.); and 

13 (E) the employment agency, ex14 cluding any licensed health care pro15 fessional or board certified genetic 

16 counselor that is involved in the ge17 netic monitoring program, receives 

18 the results of the monitoring only in 

19 aggregate terms that do not disclose 

20 the identity of specific individuals. 

21 (c) PRESERVATION OF PROTECTIONS.—In the 

22 case of information to which any of para23 graphs (1) through (5) of subsection (b) ap24 plies, such information may not be used in 

25 violation of paragraph (1) or (2) of subsection 


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1 (a) or treated or disclosed in a manner that 

2 violates section 206. 

3 SEC. 204. LABOR ORGANIZATION PRACTICES. 

4 (a) USE OF GENETIC INFORMATION.—It shall 

5 be an unlawful employment practice for a 

6 labor organization—

7 (1) to exclude or to expel from the 

8 membership of the organization, or other9 wise to discriminate against, any member 

10 because of genetic information with re11 spect to the member (or information 

12 about a request for or the receipt of ge13 netic services by such member or family 

14 member of such member); 

15 (2) to limit, segregate, or classify the 

16 members of the organization, or fail or 

17 refuse to refer for employment any mem18 ber, in any way that would deprive or 

19 tend to deprive any member of employ20 ment opportunities, or otherwise ad21 versely affect the status of the member as 

22 an employee, because of genetic informa23 tion with respect to the member (or infor24 mation about a request for or the receipt 


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1 of genetic services by such member or 

2 family member of such member); or 

3 (3) to cause or attempt to cause an 

4 employer to discriminate against a mem5 ber in violation of this title. 

6 (b) ACQUISITION OF GENETIC INFORMA7 TION.—It shall be an unlawful employment 

8 practice for a labor organization to request, 

9 require, or purchase genetic information with 

10 respect to a member or a family member of 

11 the member (or information about a request 

12 for the receipt of genetic services by such 

13 member or a family member of such member) 

14 except—

15 (1) where a labor organization inad16 vertently requests or requires family 

17 medical history of the member or family 

18 member of the member; 

19 (2) where—

20 (A) health or genetic services are 

21 offered by the labor organization, in22 cluding such services offered as part 

23 of a bona fide wellness program; 


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1 (B) the member provides prior, 

2 knowing, voluntary, and written au3 thorization; 

4 (C) only the member (or family 

5 member if the family member is re6 ceiving genetic services) and the li7 censed health care professional or 

8 board certified genetic counselor in9 volved in providing such services re10 ceive individually identifiable infor11 mation concerning the results of such 

12 services; and 

13 (D) any individually identifiable 

14 genetic information provided under 

15 subparagraph (C) in connection with 

16 the services provided under subpara17 graph (A) is only available for pur18 poses of such services and shall not 

19 be disclosed to the labor organization 

20 except in aggregate terms that do not 

21 disclose the identity of specific mem22 bers; 

23 (3) where a labor organization re24 quests or requires family medical history 

25 from the members to comply with the 


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1 certification provisions of section 103 of 

2 the Family and Medical Leave Act of 1993 

3 (29 U.S.C. 2613) or such requirements 

4 under State family and medical leave 

5 laws; 

6 (4) where a labor organization pur7 chases documents that are commercially 

8 and publicly available (including news9 papers, magazines, periodicals, and 

10 books, but not including medical data11 bases or court records) that include fam12 ily medical history; or 

13 (5) where the information involved is 

14 to be used for genetic monitoring of the 

15 biological effects of toxic substances in 

16 the workplace, but only if—

17 (A) the labor organization pro18 vides written notice of the genetic 

19 monitoring to the member; 

20 (B)(i) the member provides prior, 

21 knowing, voluntary, and written au22 thorization; or 

23 (ii) the genetic monitoring is re24 quired by Federal or State law; 


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1 (C) the member is informed of in2 dividual monitoring results; 

3 (D) the monitoring is in compli4 ance with—

5 (i) any Federal genetic moni6 toring regulations, including any 

7 such regulations that may be pro8 mulgated by the Secretary of 

9 Labor pursuant to the Occupa10 tional Safety and Health Act of 

11 1970 (29 U.S.C. 651 et seq.), the 

12 Federal Mine Safety and Health 

13 Act of 1977 (30 U.S.C. 801 et seq.), 

14 or the Atomic Energy Act of 1954 

15 (42 U.S.C. 2011 et seq.); or 

16 (ii) State genetic monitoring 

17 regulations, in the case of a State 

18 that is implementing genetic mon19 itoring regulations under the au20 thority of the Occupational Safety 

21 and Health Act of 1970 (29 U.S.C. 

22 651 et seq.); and 

23 (E) the labor organization, exclud24 ing any licensed health care profes25 sional or board certified genetic 


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1 counselor that is involved in the ge2 netic monitoring program, receives 

3 the results of the monitoring only in 

4 aggregate terms that do not disclose 

5 the identity of specific members. 

6 (c) PRESERVATION OF PROTECTIONS.—In the 

7 case of information to which any of para8 graphs (1) through (5) of subsection (b) ap9 plies, such information may not be used in 

10 violation of paragraph (1) or (2) of subsection 

11 (a) or treated or disclosed in a manner that 

12 violates section 206. 

13 SEC. 205. TRAINING PROGRAMS. 

14 (a) USE OF GENETIC INFORMATION.—It shall 

15 be an unlawful employment practice for any 

16 employer, labor organization, or joint labor17 management committee controlling appren18 ticeship or other training or retraining, in19 cluding on-the-job training programs—

20 (1) to discriminate against any indi21 vidual because of genetic information 

22 with respect to the individual (or infor23 mation about a request for or the receipt 

24 of genetic services by such individual or 

25 a family member of such individual) in 


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1 admission to, or employment in, any pro2 gram established to provide apprentice3 ship or other training or retraining; 

4 (2) to limit, segregate, or classify the 

5 applicants for or participants in such ap6 prenticeship or other training or retrain7 ing, or fail or refuse to refer for employ8 ment any individual, in any way that 

9 would deprive or tend to deprive any in10 dividual of employment opportunities, or 

11 otherwise adversely affect the status of 

12 the individual as an employee, because of 

13 genetic information with respect to the 

14 individual (or information about a re15 quest for or receipt of genetic services by 

16 such individual or family member of such 

17 individual); or 

18 (3) to cause or attempt to cause an 

19 employer to discriminate against an ap20 plicant for or a participant in such ap21 prenticeship or other training or retrain22 ing in violation of this title. 

23 (b) ACQUISITION OF GENETIC INFORMA24 TION.—It shall be an unlawful employment 

25 practice for an employer, labor organization, 


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1 or joint labor-management committee de2 scribed in subsection (a) to request, require, 

3 or purchase genetic information with respect 

4 to an individual or a family member of the in5 dividual (or information about a request for 

6 the receipt of genetic services by such indi7 vidual or a family member of such individual) 

8 except—

9 (1) where the employer, labor organi10 zation, or joint labor-management com11 mittee inadvertently requests or requires 

12 family medical history of the individual 

13 or family member of the individual; 

14 (2) where—

15 (A) health or genetic services are 

16 offered by the employer, labor organi17 zation, or joint labor-management 

18 committee, including such services 

19 offered as part of a bona fide wellness 

20 program; 

21 (B) the individual provides prior, 

22 knowing, voluntary, and written au23 thorization; 

24 (C) only the individual (or family 

25 member if the family member is reVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6202 E:\BILLS\H493.RH H493

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1 ceiving genetic services) and the li2 censed health care professional or 

3 board certified genetic counselor in4 volved in providing such services re5 ceive individually identifiable infor6 mation concerning the results of such 

7 services; 

8 (D) any individually identifiable 

9 genetic information provided under 

10 subparagraph (C) in connection with 

11 the services provided under subpara12 graph (A) is only available for pur13 poses of such services and shall not 

14 be disclosed to the employer, labor 

15 organization, or joint labor-manage16 ment committee except in aggregate 

17 terms that do not disclose the iden18 tity of specific individuals; 

19 (3) where the employer, labor organi20 zation, or joint labor-management com21 mittee requests or requires family med22 ical history from the individual to comply 

23 with the certification provisions of sec24 tion 103 of the Family and Medical Leave 

25 Act of 1993 (29 U.S.C. 2613) or such reVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6202 E:\BILLS\H493.RH H493

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1 quirements under State family and med2 ical leave laws; 

3 (4) where the employer, labor organi4 zation, or joint labor-management com5 mittee purchases documents that are 

6 commercially and publicly available (in7 cluding newspapers, magazines, periodi8 cals, and books, but not including med9 ical databases or court records) that in10 clude family medical history; or 

11 (5) where the information involved is 

12 to be used for genetic monitoring of the 

13 biological effects of toxic substances in 

14 the workplace, but only if—

15 (A) the employer, labor organiza16 tion, or joint labor-management com17 mittee provides written notice of the 

18 genetic monitoring to the individual; 

19 (B)(i) the individual provides 

20 prior, knowing, voluntary, and writ21 ten authorization; or 

22 (ii) the genetic monitoring is re23 quired by Federal or State law; 

24 (C) the individual is informed of 

25 individual monitoring results; 


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1 (D) the monitoring is in compli2 ance with—

3 (i) any Federal genetic moni4 toring regulations, including any 

5 such regulations that may be pro6 mulgated by the Secretary of 

7 Labor pursuant to the Occupa8 tional Safety and Health Act of 

9 1970 (29 U.S.C. 651 et seq.), the 

10 Federal Mine Safety and Health 

11 Act of 1977 (30 U.S.C. 801 et seq.), 

12 or the Atomic Energy Act of 1954 

13 (42 U.S.C. 2011 et seq.); or 

14 (ii) State genetic monitoring 

15 regulations, in the case of a State 

16 that is implementing genetic mon17 itoring regulations under the au18 thority of the Occupational Safety 

19 and Health Act of 1970 (29 U.S.C. 

20 651 et seq.); and 

21 (E) the employer, labor organiza22 tion, or joint labor-management com23 mittee, excluding any licensed health 

24 care professional or board certified 

25 genetic counselor that is involved in 


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1 the genetic monitoring program, re2 ceives the results of the monitoring 

3 only in aggregate terms that do not 

4 disclose the identity of specific indi5 viduals. 

6 (c) PRESERVATION OF PROTECTIONS.—In the 

7 case of information to which any of para8 graphs (1) through (5) of subsection (b) ap9 plies, such information may not be used in 

10 violation of paragraph (1) or (2) of subsection 

11 (a) or treated or disclosed in a manner that 

12 violates section 206. 

13 SEC. 206. CONFIDENTIALITY OF GENETIC INFORMATION. 

14 (a) TREATMENT OF INFORMATION AS PART OF

15 CONFIDENTIAL MEDICAL RECORD.—If an em16 ployer, employment agency, labor organiza17 tion, or joint labor-management committee 

18 possesses genetic information about an em19 ployee or member (or information about a re20 quest for or receipt of genetic services by 

21 such employee or member or family member 

22 of such employee or member), such informa23 tion shall be maintained on separate forms 

24 and in separate medical files and be treated 


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1 as a confidential medical record of the em2 ployee or member. 

3 (b) LIMITATION ON DISCLOSURE.—An em4 ployer, employment agency, labor organiza5 tion, or joint labor-management committee 

6 shall not disclose genetic information con7 cerning an employee or member (or informa8 tion about a request for or receipt of genetic 

9 services by such employee or member or fam10 ily member of such employee or member) ex11 cept—

12 (1) to the employee (or family mem13 ber if the family member is receiving the 

14 genetic services) or member of a labor or15 ganization at the request of the employee 

16 or member of such organization; 

17 (2) to an occupational or other health 

18 researcher if the research is conducted in 

19 compliance with the regulations and pro20 tections provided for under part 46 of 

21 title 45, Code of Federal Regulations; 

22 (3) in response to an order of a court, 

23 except that—

24 (A) the employer, employment 

25 agency, labor organization, or joint 


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1 labor-management committee may 

2 disclose only the genetic information 

3 expressly authorized by such order; 

4 and 

5 (B) if the court order was secured 

6 without the knowledge of the em7 ployee or member to whom the infor8 mation refers, the employer, employ9 ment agency, labor organization, or 

10 joint labor-management committee 

11 shall provide the employee or mem12 ber with adequate notice to challenge 

13 the court order; 

14 (4) to government officials who are 

15 investigating compliance with this title if 

16 the information is relevant to the inves17 tigation; or 

18 (5) to the extent that such disclosure 

19 is made in connection with the employ20 ee’s compliance with the certification 

21 provisions of section 103 of the Family 

22 and Medical Leave Act of 1993 (29 U.S.C. 

23 2613) or such requirements under State 

24 family and medical leave laws. 


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1 SEC. 207. REMEDIES AND ENFORCEMENT. 

2 (a) EMPLOYEES COVERED BY TITLE VII OF

3 THE CIVIL RIGHTS ACT OF 1964.—

4 (1) IN GENERAL.—The powers, rem5 edies, and procedures provided in sec6 tions 705, 706, 707, 709, 710, and 711 of the 

7 Civil Rights Act of 1964 (42 U.S.C. 2000e–

8 4 et seq.) to the Commission, the Attorney 

9 General, or any person, alleging a viola10 tion of title VII of that Act (42 U.S.C. 

11 2000e et seq.) shall be the powers, rem12 edies, and procedures this title provides 

13 to the Commission, the Attorney General, 

14 or any person, respectively, alleging an 

15 unlawful employment practice in viola16 tion of this title against an employee de17 scribed in section 201(2)(A)(i), except as 

18 provided in paragraphs (2) and (3). 

19 (2) COSTS AND FEES.—The powers, 

20 remedies, and procedures provided in 

21 subsections (b) and (c) of section 722 of 

22 the Revised Statutes (42 U.S.C. 1988), 

23 shall be powers, remedies, and proce24 dures this title provides to the Commis25 sion, the Attorney General, or any per26 son, alleging such a practice. 


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1 (3) DAMAGES.—The powers, remedies, 

2 and procedures provided in section 1977A 

3 of the Revised Statutes (42 U.S.C. 1981a), 

4 including the limitations contained in 

5 subsection (b)(3) of such section 1977A, 

6 shall be powers, remedies, and proce7 dures this title provides to the Commis8 sion, the Attorney General, or any per9 son, alleging such a practice (not an em10 ployment practice specifically excluded 

11 from coverage under section 1977A(a)(1) 

12 of the Revised Statutes). 

13 (b) EMPLOYEES COVERED BY GOVERNMENT

14 EMPLOYEE RIGHTS ACT OF 1991.—

15 (1) IN GENERAL.—The powers, rem16 edies, and procedures provided in sec17 tions 302 and 304 of the Government Em18 ployee Rights Act of 1991 (42 U.S.C. 

19 2000e–16b, 2000e–16c) to the Commission, 

20 or any person, alleging a violation of sec21 tion 302(a)(1) of that Act (42 U.S.C. 2000e–

22 16b(a)(1)) shall be the powers, remedies, 

23 and procedures this title provides to the 

24 Commission, or any person, respectively, 

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1 tice in violation of this title against an 

2 employee described in section 

3 201(2)(A)(ii), except as provided in para4 graphs (2) and (3). 

5 (2) COSTS AND FEES.—The powers, 

6 remedies, and procedures provided in 

7 subsections (b) and (c) of section 722 of 

8 the Revised Statutes (42 U.S.C. 1988), 

9 shall be powers, remedies, and proce10 dures this title provides to the Commis11 sion, or any person, alleging such a prac12 tice. 

13 (3) DAMAGES.—The powers, remedies, 

14 and procedures provided in section 1977A 

15 of the Revised Statutes (42 U.S.C. 1981a), 

16 including the limitations contained in 

17 subsection (b)(3) of such section 1977A, 

18 shall be powers, remedies, and proce19 dures this title provides to the Commis20 sion, or any person, alleging such a prac21 tice (not an employment practice specifi22 cally excluded from coverage under sec23 tion 1977A(a)(1) of the Revised Statutes). 

24 (c) EMPLOYEES COVERED BY CONGRESSIONAL

25 ACCOUNTABILITY ACT OF 1995.—


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1 (1) IN GENERAL.—The powers, rem2 edies, and procedures provided in the 

3 Congressional Accountability Act of 1995 

4 (2 U.S.C. 1301 et seq.) to the Board (as de5 fined in section 101 of that Act (2 U.S.C. 

6 1301)), or any person, alleging a violation 

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

8 1311(a)(1)) shall be the powers, remedies, 

9 and procedures this title provides to that 

10 Board, or any person, alleging an unlaw11 ful employment practice in violation of 

12 this title against an employee described 

13 in section 201(2)(A)(iii), except as pro14 vided in paragraphs (2) and (3). 

15 (2) COSTS AND FEES.—The powers, 

16 remedies, and procedures provided in 

17 subsections (b) and (c) of section 722 of 

18 the Revised Statutes (42 U.S.C. 1988), 

19 shall be powers, remedies, and proce20 dures this title provides to that Board, or 

21 any person, alleging such a practice. 

22 (3) DAMAGES.—The powers, remedies, 

23 and procedures provided in section 1977A 

24 of the Revised Statutes (42 U.S.C. 1981a), 

25 including the limitations contained in 


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1 subsection (b)(3) of such section 1977A, 

2 shall be powers, remedies, and proce3 dures this title provides to that Board, or 

4 any person, alleging such a practice (not 

5 an employment practice specifically ex6 cluded from coverage under section 

7 1977A(a)(1) of the Revised Statutes). 

8 (4) OTHER APPLICABLE PROVISIONS.—

9 With respect to a claim alleging a prac10 tice described in paragraph (1), title III of 

11 the Congressional Accountability Act of 

12 1995 (2 U.S.C. 1381 et seq.) shall apply in 

13 the same manner as such title applies 

14 with respect to a claim alleging a viola15 tion of section 201(a)(1) of such Act (2 

16 U.S.C. 1311(a)(1)). 

17 (d) EMPLOYEES COVERED BY CHAPTER 5 OF

18 TITLE 3, UNITED STATES CODE.—

19 (1) IN GENERAL.—The powers, rem20 edies, and procedures provided in chap21 ter 5 of title 3, United States Code, to the 

22 President, the Commission, the Merit Sys23 tems Protection Board, or any person, al24 leging a violation of section 411(a)(1) of 

25 that title, shall be the powers, remedies, 


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1 and procedures this title provides to the 

2 President, the Commission, such Board, 

3 or any person, respectively, alleging an 

4 unlawful employment practice in viola5 tion of this title against an employee de6 scribed in section 201(2)(A)(iv), except as 

7 provided in paragraphs (2) and (3). 

8 (2) COSTS AND FEES.—The powers, 

9 remedies, and procedures provided in 

10 subsections (b) and (c) of section 722 of 

11 the Revised Statutes (42 U.S.C. 1988), 

12 shall be powers, remedies, and proce13 dures this title provides to the President, 

14 the Commission, such Board, or any per15 son, alleging such a practice. 

16 (3) DAMAGES.—The powers, remedies, 

17 and procedures provided in section 1977A 

18 of the Revised Statutes (42 U.S.C. 1981a), 

19 including the limitations contained in 

20 subsection (b)(3) of such section 1977A, 

21 shall be powers, remedies, and proce22 dures this title provides to the President, 

23 the Commission, such Board, or any per24 son, alleging such a practice (not an em25 ployment practice specifically excluded 


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1 from coverage under section 1977A(a)(1) 

2 of the Revised Statutes). 

3 (e) EMPLOYEES COVERED BY SECTION 717 OF

4 THE CIVIL RIGHTS ACT OF 1964.—

5 (1) IN GENERAL.—The powers, rem6 edies, and procedures provided in section 

7 717 of the Civil Rights Act of 1964 (42 

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

9 Attorney General, the Librarian of Con10 gress, or any person, alleging a violation 

11 of that section shall be the powers, rem12 edies, and procedures this title provides 

13 to the Commission, the Attorney General, 

14 the Librarian of Congress, or any person, 

15 respectively, alleging an unlawful em16 ployment practice in violation of this title 

17 against an employee or applicant de18 scribed in section 201(2)(A)(v), except as 

19 provided in paragraphs (2) and (3). 

20 (2) COSTS AND FEES.—The powers, 

21 remedies, and procedures provided in 

22 subsections (b) and (c) of section 722 of 

23 the Revised Statutes (42 U.S.C. 1988), 

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1 sion, the Attorney General, the Librarian 

2 of Congress, or any person, alleging such 

3 a practice. 

4 (3) DAMAGES.—The powers, remedies, 

5 and procedures provided in section 1977A 

6 of the Revised Statutes (42 U.S.C. 1981a), 

7 including the limitations contained in 

8 subsection (b)(3) of such section 1977A, 

9 shall be powers, remedies, and proce10 dures this title provides to the Commis11 sion, the Attorney General, the Librarian 

12 of Congress, or any person, alleging such 

13 a practice (not an employment practice 

14 specifically excluded from coverage 

15 under section 1977A(a)(1) of the Revised 

16 Statutes). 

17 (f) DEFINITION.—In this section, the term 

18 ‘‘Commission’’ means the Equal Employment 

19 Opportunity Commission. 

20 SEC. 208. DISPARATE IMPACT. 

21 (a) GENERAL RULE.—Notwithstanding any 

22 other provision of this Act, ‘‘disparate im23 pact’’, as that term is used in section 703(k) of 

24 the Civil Rights Act of 1964 (42 U.S.C. 2000e–


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1 2(k)), on the basis of genetic information does 

2 not establish a cause of action under this Act. 

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

4 years after the date of enactment of this Act, 

5 there shall be established a commission, to be 

6 known as the Genetic Nondiscrimination 

7 Study Commission (referred to in this section 

8 as the ‘‘Commission’’) to review the devel9 oping science of genetics and to make rec10 ommendations to Congress regarding wheth11 er to provide a disparate impact cause of ac12 tion under this Act. 

13 (c) MEMBERSHIP.—

14 (1) IN GENERAL.—The Commission 

15 shall be composed of 8 members, of 

16 which—

17 (A) 1 member shall be appointed 

18 by the Majority Leader of the Senate; 

19 (B) 1 member shall be appointed 

20 by the Minority Leader of the Senate; 

21 (C) 1 member shall be appointed 

22 by the Chairman of the Committee on 

23 Health, Education, Labor, and Pen24 sions of the Senate; 


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1 (D) 1 member shall be appointed 

2 by the ranking minority member of 

3 the Committee on Health, Education, 

4 Labor, and Pensions of the Senate; 

5 (E) 1 member shall be appointed 

6 by the Speaker of the House of Rep7 resentatives; 

8 (F) 1 member shall be appointed 

9 by the Minority Leader of the House 

10 of Representatives; 

11 (G) 1 member shall be appointed 

12 by the Chairman of the Committee on 

13 Education and the Workforce of the 

14 House of Representatives; and 

15 (H) 1 member shall be appointed 

16 by the ranking minority member of 

17 the Committee on Education and the 

18 Workforce of the House of Represent19 atives. 

20 (2) COMPENSATION AND EXPENSES.—The 

21 members of the Commission shall not re22 ceive compensation for the performance 

23 of services for the Commission, but shall 

24 be allowed travel expenses, including per 

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1 thorized for employees of agencies under 

2 subchapter I of chapter 57 of title 5, 

3 United States Code, while away from 

4 their homes or regular places of business 

5 in the performance of services for the 

6 Commission. 

7 (d) ADMINISTRATIVE PROVISIONS.—

8 (1) LOCATION.—The Commission shall 

9 be located in a facility maintained by the 

10 Equal Employment Opportunity Commis11 sion. 

12 (2) DETAIL OF GOVERNMENT EMPLOY13 EES.—Any Federal Government employee 

14 may be detailed to the Commission with15 out reimbursement, and such detail shall 

16 be without interruption or loss of civil 

17 service status or privilege. 

18 (3) INFORMATION FROM FEDERAL AGEN19 CIES.—The Commission may secure di20 rectly from any Federal department or 

21 agency such information as the Commis22 sion considers necessary to carry out the 

23 provisions of this section. Upon request 

24 of the Commission, the head of such deVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6202 E:\BILLS\H493.RH H493

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1 partment or agency shall furnish such in2 formation to the Commission. 

3 (4) HEARINGS.—The Commission may 

4 hold such hearings, sit and act at such 

5 times and places, take such testimony, 

6 and receive such evidence as the Com7 mission considers advisable to carry out 

8 the objectives of this section, except that, 

9 to the extent possible, the Commission 

10 shall use existing data and research. 

11 (5) POSTAL SERVICES.—The Commis12 sion may use the United States mails in 

13 the same manner and under the same 

14 conditions as other departments and 

15 agencies of the Federal Government. 

16 (e) REPORT.—Not later than 1 year after all 

17 of the members are appointed to the Commis18 sion under subsection (c)(1), the Commission 

19 shall submit to Congress a report that summa20 rizes the findings of the Commission and 

21 makes such recommendations for legislation 

22 as are consistent with this Act. 

23 (f) AUTHORIZATION OF APPROPRIATIONS.—

24 There are authorized to be appropriated to 

25 the Equal Employment Opportunity CommisVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6202 E:\BILLS\H493.RH H493

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1 sion such sums as may be necessary to carry 

2 out this section. 

3 SEC. 209. CONSTRUCTION. 

4 Nothing in this title shall be construed 

5 to—

6 (1) limit the rights or protections of 

7 an individual under the Americans with 

8 Disabilities Act of 1990 (42 U.S.C. 12101 et 

9 seq.), including coverage afforded to indi10 viduals under section 102 of such Act (42 

11 U.S.C. 12112), or under the Rehabilitation 

12 Act of 1973 (29 U.S.C. 701 et seq.); 

13 (2)(A) limit the rights or protections 

14 of an individual to bring an action under 

15 this title against an employer, employ16 ment agency, labor organization, or joint 

17 labor-management committee for a viola18 tion of this title; or 

19 (B) establish a violation under this 

20 title for an employer, employment agen21 cy, labor organization, or joint labor-man22 agement committee of a provision of the 

23 amendments made by title I; 

24 (3) limit the rights or protections of 

25 an individual under any other Federal or 


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1 State statute that provides equal or 

2 greater protection to an individual than 

3 the rights or protections provided for 

4 under this title; 

5 (4) apply to the Armed Forces Reposi6 tory of Specimen Samples for the Identi7 fication of Remains; 

8 (5) limit or expand the protections, 

9 rights, or obligations of employees or em10 ployers under applicable workers’ com11 pensation laws; 

12 (6) limit the authority of a Federal de13 partment or agency to conduct or spon14 sor occupational or other health research 

15 that is conducted in compliance with the 

16 regulations contained in part 46 of title 

17 45, Code of Federal Regulations (or any 

18 corresponding or similar regulation or 

19 rule); and 

20 (7) limit the statutory or regulatory 

21 authority of the Occupational Safety and 

22 Health Administration or the Mine Safety 

23 and Health Administration to promulgate 

24 or enforce workplace safety and health 

25 laws and regulations. 


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1 SEC. 210. MEDICAL INFORMATION THAT IS NOT GENETIC 

2 INFORMATION. 

3 An employer, employment agency, labor 

4 organization, or joint labor-management com5 mittee shall not be considered to be in viola6 tion of this title based on the use, acquisition, 

7 or disclosure of medical information that is 

8 not genetic information about a manifested 

9 disease, disorder, or pathological condition of 

10 an employee or member, including a mani11 fested disease, disorder, or pathological con12 dition that has or may have a genetic basis. 

13 SEC. 211. REGULATIONS. 

14 Not later than 1 year after the date of en15 actment of this title, the Commission shall 

16 issue final regulations in an accessible format 

17 to carry out this title. 

18 SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated 

20 such sums as may be necessary to carry out 

21 this title (except for section 208). 

22 SEC. 213. EFFECTIVE DATE. 

23 This title takes effect on the date that is 

24 18 months after the date of enactment of this 

25 Act. 


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1 TITLE III—MISCELLANEOUS 

2 PROVISION 

3 SEC. 301. SEVERABILITY. 

4 If any provision of this Act, an amend5 ment made by this Act, or the application of 

6 such provision or amendment to any person 

7 or circumstance is held to be unconstitu8 tional, the remainder of this Act, the amend9 ments made by this Act, and the application 

10 of such provisions to any person or cir11 cumstance shall not be affected thereby. 

12 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

13 (a) SHORT TITLE.—This Act may be cited as 

14 the ‘‘Genetic Information Nondiscrimination 

15 Act of 2007’’. 

16 (b) TABLE OF CONTENTS.—The table of con17 tents 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 title XVIII of the Social Security Act 

relating to medigap. 

Sec. 104. Privacy and confidentiality. 

Sec. 104A. Privacy and confidentiality. 

Sec. 105. Assuring coordination. 

Sec. 106. Relationship to title II with respect to enforcement. 

Sec. 107. Regulations; effective date. 


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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 PROVISION 

Sec. 301. Severability. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Deciphering the sequence of the 

4 human genome and other advances in ge5 netics open major new opportunities for 

6 medical progress. New knowledge about 

7 the genetic basis of illness will allow for 

8 earlier detection of illnesses, often before 

9 symptoms have begun. Genetic testing can 

10 allow individuals to take steps to reduce 

11 the likelihood that they will contract a 

12 particular disorder. New knowledge about 

13 genetics may allow for the development of 

14 better therapies that are more effective 

15 against disease or have fewer side effects 

16 than current treatments. These advances 


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1 give rise to the potential misuse of genetic 

2 information to discriminate in health in3 surance and employment. 

4 (2) The early science of genetics be5 came the basis of State laws that provided 

6 for the sterilization of persons having pre7 sumed genetic ‘‘defects’’ such as mental 

8 retardation, mental disease, epilepsy, 

9 blindness, and hearing loss, among other 

10 conditions. The first sterilization law was 

11 enacted in the State of Indiana in 1907. 

12 By 1981, a majority of States adopted ster13 ilization laws to ‘‘correct’’ apparent ge14 netic traits or tendencies. Many of these 

15 State laws have since been repealed, and 

16 many have been modified to include essen17 tial constitutional requirements of due 

18 process and equal protection. However, 

19 the current explosion in the science of ge20 netics, and the history of sterilization 

21 laws by the States based on early genetic 

22 science, compels Congressional action in 

23 this area. 

24 (3) Although genes are facially neu25 tral markers, many genetic conditions 


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1 and disorders are associated with par2 ticular racial and ethnic groups and gen3 der. Because some genetic traits are most 

4 prevalent in particular groups, members 

5 of a particular group may be stigmatized 

6 or discriminated against as a result of 

7 that genetic information. This form of dis8 crimination was evident in the 1970s, 

9 which saw the advent of programs to 

10 screen and identify carriers of sickle cell 

11 anemia, a disease which afflicts African12 Americans. Once again, State legislatures 

13 began to enact discriminatory laws in the 

14 area, and in the early 1970s began man15 dating genetic screening of all African 

16 Americans for sickle cell anemia, leading 

17 to discrimination and unnecessary fear. 

18 To alleviate some of this stigma, Congress 

19 in 1972 passed the National Sickle Cell 

20 Anemia Control Act, which withholds Fed21 eral funding from States unless sickle cell 

22 testing is voluntary. 

23 (4) Congress has been informed of ex24 amples of genetic discrimination in the 

25 workplace. These include the use of preVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 employment genetic screening at Law2 rence Berkeley Laboratory, which led to a 

3 court decision in favor of the employees in 

4 that case Norman-Bloodsaw v. Lawrence 

5 Berkeley Laboratory (135 F.3d 1260, 1269 

6 (9th Cir. 1998)). Congress clearly has a 

7 compelling public interest in relieving the 

8 fear of discrimination and in prohibiting 

9 its actual practice in employment and 

10 health insurance. 

11 (5) Federal law addressing genetic 

12 discrimination in health insurance and 

13 employment is incomplete in both the 

14 scope and depth of its protections. More15 over, while many States have enacted 

16 some type of genetic non-discrimination 

17 law, these laws vary widely with respect to 

18 their approach, application, and level of 

19 protection. Congress has collected sub20 stantial evidence that the American pub21 lic and the medical community find the 

22 existing patchwork of State and Federal 

23 laws to be confusing and inadequate to 

24 protect them from discrimination. There25 fore Federal legislation establishing a naVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 tional and uniform basic standard is nec2 essary to fully protect the public from dis3 crimination and allay their concerns 

4 about the potential for discrimination, 

5 thereby allowing individuals to take ad6 vantage of genetic testing, technologies, 

7 research, and new therapies. 

8 TITLE I—GENETIC NON9 DISCRIMINATION IN HEALTH 

10 INSURANCE 

11 SEC. 101. AMENDMENTS TO EMPLOYEE RETIREMENT IN12 COME SECURITY ACT OF 1974. 

13 (a) PROHIBITION OF HEALTH DISCRIMINA14 TION ON THE BASIS OF GENETIC INFORMATION OR

15 GENETIC SERVICES.—

16 (1) NO ENROLLMENT RESTRICTION FOR

17 GENETIC SERVICES.—Section 702(a)(1)(F) of 

18 the Employee Retirement Income Security 

19 Act of 1974 (29 U.S.C. 1182(a)(1)(F)) is 

20 amended by inserting before the period 

21 the following: ‘‘(including information 

22 about a request for or receipt of genetic 

23 services by an individual or family mem24 ber of such individual)’’. 


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1 (2) NO DISCRIMINATION IN GROUP PRE2 MIUMS BASED ON GENETIC INFORMATION.—

3 Section 702(b) of the Employee Retirement 

4 Income Security Act of 1974 (29 U.S.C. 

5 1182(b)) is amended—

6 (A) in paragraph (2)(A), by insert7 ing before the semicolon the following: 

8 ‘‘except as provided in paragraph (3)’’; 

9 and 

10 (B) by adding at the end the fol11 lowing: 

12 ‘‘(3) NO DISCRIMINATION IN GROUP PRE13 MIUMS BASED ON GENETIC INFORMATION.—

14 For purposes of this section, a group 

15 health plan, or a health insurance issuer 

16 offering group health insurance coverage 

17 in connection with a group health plan, 

18 shall not adjust premium or contribution 

19 amounts for a group on the basis of ge20 netic information concerning an indi21 vidual in the group or a family member of 

22 the individual (including information 

23 about a request for or receipt of genetic 

24 services by an individual or family mem25 ber of such individual).’’. 


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1 (b) LIMITATIONS ON GENETIC TESTING.—Sec2 tion 702 of the Employee Retirement Income 

3 Security Act of 1974 (29 U.S.C. 1182) is amend4 ed by adding at the end the following: 

5 ‘‘(c) GENETIC TESTING.—

6 ‘‘(1) LIMITATION ON REQUESTING OR RE7 QUIRING GENETIC TESTING.—A group health 

8 plan, or a health insurance issuer offer9 ing health insurance coverage in connec10 tion with a group health plan, shall not 

11 request or require an individual or a fam12 ily member of such individual to undergo 

13 a genetic test. 

14 ‘‘(2) RULE OF CONSTRUCTION.—Nothing 

15 in this part shall be construed to—

16 ‘‘(A) limit the authority of a 

17 health care professional who is pro18 viding health care services with re19 spect to an individual to request that 

20 such individual or a family member of 

21 such individual undergo a genetic 

22 test; 

23 ‘‘(B) limit the authority of a 

24 health care professional who is em25 ployed by or affiliated with a group 


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1 health plan or a health insurance 

2 issuer and who is providing health 

3 care services to an individual as part 

4 of a bona fide wellness program to no5 tify such individual of the availability 

6 of a genetic test or to provide informa7 tion to such individual regarding 

8 such genetic test; or 

9 ‘‘(C) authorize or permit a health 

10 care professional to require that an 

11 individual undergo a genetic test. 

12 ‘‘(d) APPLICATION TO ALL PLANS.—The pro13 visions of subsections (a)(1)(F), (b)(3), and (c) 

14 shall apply to group health plans and health 

15 insurance issuers without regard to section 

16 732(a).’’. 

17 (c) REMEDIES AND ENFORCEMENT.—Section 

18 502 of the Employee Retirement Income Secu19 rity Act of 1974 (29 U.S.C. 1132) is amended by 

20 adding at the end the following: 

21 ‘‘(n) ENFORCEMENT OF GENETIC NON22 DISCRIMINATION REQUIREMENTS.—

23 ‘‘(1) INJUNCTIVE RELIEF FOR IRREP24 ARABLE HARM.—With respect to any viola25 tion of subsection (a)(1)(F), (b)(3), or (c) of 


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1 section 702, a participant or beneficiary 

2 may seek relief under subsection 

3 502(a)(1)(B) prior to the exhaustion of 

4 available administrative remedies under 

5 section 503 if it is demonstrated to the 

6 court, by a preponderance of the evidence, 

7 that the exhaustion of such remedies 

8 would cause irreparable harm to the 

9 health of the participant or beneficiary. 

10 Any determinations that already have 

11 been made under section 503 in such case, 

12 or that are made in such case while an 

13 action under this paragraph is pending, 

14 shall be given due consideration by the 

15 court in any action under this subsection 

16 in such case. 

17 ‘‘(2) EQUITABLE RELIEF FOR GENETIC

18 NONDISCRIMINATION.—

19 ‘‘(A) REINSTATEMENT OF BENEFITS

20 WHERE EQUITABLE RELIEF HAS BEEN

21 AWARDED.—The recovery of benefits by 

22 a participant or beneficiary under a 

23 civil action under this section may in24 clude an administrative penalty 

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1 roactive reinstatement of coverage 

2 under the plan involved to the date on 

3 which the participant or beneficiary 

4 was denied eligibility for coverage if—

5 ‘‘(i) the civil action was com6 menced under subsection 

7 (a)(1)(B); and 

8 ‘‘(ii) the denial of coverage on 

9 which such civil action was based 

10 constitutes a violation of sub11 section (a)(1)(F), (b)(3), or (c) of 

12 section 702. 

13 ‘‘(B) ADMINISTRATIVE PENALTY.—

14 ‘‘(i) IN GENERAL.—An adminis15 trator who fails to comply with the 

16 requirements of subsection 

17 (a)(1)(F), (b)(3), or (c) of section 

18 702 with respect to a participant 

19 or beneficiary may, in an action 

20 commenced under subsection 

21 (a)(1)(B), be personally liable in 

22 the discretion of the court, for a 

23 penalty in the amount not more 

24 than $100 for each day in the non25 compliance period. 


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1 ‘‘(ii) NONCOMPLIANCE PERIOD.—

2 For purposes of clause (i), the 

3 term ‘noncompliance period’

4 means the period—

5 ‘‘(I) beginning on the date 

6 that a failure described in 

7 clause (i) occurs; and 

8 ‘‘(II) ending on the date 

9 that such failure is corrected. 

10 ‘‘(iii) PAYMENT TO PARTICIPANT

11 OR BENEFICIARY.—A penalty col12 lected under this subparagraph 

13 shall be paid to the participant or 

14 beneficiary involved. 

15 ‘‘(3) SECRETARIAL ENFORCEMENT AU16 THORITY.—

17 ‘‘(A) GENERAL RULE.—The Sec18 retary has the authority to impose a 

19 penalty on any failure of a group 

20 health plan to meet the requirements 

21 of subsection (a)(1)(F), (b)(3), or (c) of 

22 section 702. 

23 ‘‘(B) AMOUNT.—

24 ‘‘(i) IN GENERAL.—The amount 

25 of the penalty imposed by subVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 paragraph (A) shall be $100 for 

2 each day in the noncompliance pe3 riod with respect to each indi4 vidual to whom such failure re5 lates. 

6 ‘‘(ii) NONCOMPLIANCE PERIOD.—

7 For purposes of this paragraph, 

8 the term ‘noncompliance period’

9 means, with respect to any failure, 

10 the period—

11 ‘‘(I) beginning on the date 

12 such failure first occurs; and 

13 ‘‘(II) ending on the date 

14 such failure is corrected. 

15 ‘‘(C) MINIMUM PENALTIES WHERE

16 FAILURE DISCOVERED.—Notwith17 standing clauses (i) and (ii) of sub18 paragraph (D): 

19 ‘‘(i) IN GENERAL.—In the case of 

20 1 or more failures with respect to 

21 an individual—

22 ‘‘(I) which are not cor23 rected before the date on 

24 which the plan receives a noVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 tice from the Secretary of such 

2 violation; and 

3 ‘‘(II) which occurred or 

4 continued during the period 

5 involved; 

6 the amount of penalty imposed by 

7 subparagraph (A) by reason of 

8 such failures with respect to such 

9 individual shall not be less than 

10 $2,500. 

11 ‘‘(ii) HIGHER MINIMUM PENALTY

12 WHERE VIOLATIONS ARE MORE THAN

13 DE MINIMIS.—To the extent viola14 tions for which any person is lia15 ble under this paragraph for any 

16 year are more than de minimis, 

17 clause (i) shall be applied by sub18 stituting ‘$15,000’ for ‘$2,500’ with 

19 respect to such person. 

20 ‘‘(D) LIMITATIONS.—

21 ‘‘(i) PENALTY NOT TO APPLY

22 WHERE FAILURE NOT DISCOVERED EX23 ERCISING REASONABLE DILIGENCE.—

24 No penalty shall be imposed by 

25 subparagraph (A) on any failure 


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1 during any period for which it is 

2 established to the satisfaction of 

3 the Secretary that the person oth4 erwise liable for such penalty did 

5 not know, and exercising reason6 able diligence would not have 

7 known, that such failure existed. 

8 ‘‘(ii) PENALTY NOT TO APPLY TO

9 FAILURES CORRECTED WITHIN CER10 TAIN PERIODS.—No penalty shall be 

11 imposed by subparagraph (A) on 

12 any failure if—

13 ‘‘(I) such failure was due 

14 to reasonable cause and not to 

15 willful neglect; and 

16 ‘‘(II) such failure is cor17 rected during the 30-day pe18 riod beginning on the first 

19 date the person otherwise lia20 ble for such penalty knew, or 

21 exercising reasonable dili22 gence would have known, that 

23 such failure existed. 

24 ‘‘(iii) OVERALL LIMITATION FOR

25 UNINTENTIONAL FAILURES.—In the 


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•HR 493 RH

1 case of failures which are due to 

2 reasonable cause and not to will3 ful neglect, the penalty imposed by 

4 subparagraph (A) for failures 

5 shall not exceed the amount equal 

6 to the lesser of—

7 ‘‘(I) 10 percent of the ag8 gregate amount paid or in9 curred by the employer (or 

10 predecessor employer) during 

11 the preceding taxable year for 

12 group health plans; or 

13 ‘‘(II) $500,000. 

14 ‘‘(E) WAIVER BY SECRETARY.—In the 

15 case of a failure which is due to rea16 sonable cause and not to willful ne17 glect, the Secretary may waive part or 

18 all of the penalty imposed by subpara19 graph (A) to the extent that the pay20 ment of such penalty would be exces21 sive relative to the failure involved.’’. 

22 (d) DEFINITIONS.—Section 733(d) of the Em23 ployee Retirement Income Security Act of 1974 

24 (29 U.S.C. 1191b(d)) is amended by adding at 

25 the end the following: 


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1 ‘‘(5) FAMILY MEMBER.—The term ‘family 

2 member’ means with respect to an indi3 vidual—

4 ‘‘(A) the spouse of the individual; 

5 ‘‘(B) a dependent child of the indi6 vidual, including a child who is born 

7 to or placed for adoption with the in8 dividual; and 

9 ‘‘(C) all other individuals related 

10 by blood to the individual or the 

11 spouse or child described in subpara12 graph (A) or (B). 

13 ‘‘(6) GENETIC INFORMATION.—

14 ‘‘(A) IN GENERAL.—Except as pro15 vided in subparagraph (B), the term 

16 ‘genetic information’ means informa17 tion about—

18 ‘‘(i) an individual’s genetic 

19 tests; 

20 ‘‘(ii) the genetic tests of family 

21 members of the individual; or 

22 ‘‘(iii) the occurrence of a dis23 ease or disorder in family mem24 bers of the individual. 


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1 ‘‘(B) EXCLUSIONS.—The term ‘ge2 netic information’ shall not include 

3 information about the sex or age of an 

4 individual. 

5 ‘‘(7) GENETIC TEST.—

6 ‘‘(A) IN GENERAL.—The term ‘ge7 netic test’ means an analysis of 

8 human DNA, RNA, chromosomes, pro9 teins, or metabolites, that detects 

10 genotypes, mutations, or chromosomal 

11 changes. 

12 ‘‘(B) EXCEPTIONS.—The term ‘ge13 netic test’ does not mean—

14 ‘‘(i) an analysis of proteins or 

15 metabolites that does not detect 

16 genotypes, mutations, or chromo17 somal changes; or 

18 ‘‘(ii) an analysis of proteins or 

19 metabolites that is directly related 

20 to a manifested disease, disorder, 

21 or pathological condition that 

22 could reasonably be detected by a 

23 health care professional with ap24 propriate training and expertise 

25 in the field of medicine involved. 


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1 ‘‘(8) GENETIC SERVICES.—The term ‘ge2 netic services’ means—

3 ‘‘(A) a genetic test; 

4 ‘‘(B) genetic counseling (such as 

5 obtaining, interpreting, or assessing 

6 genetic information); or 

7 ‘‘(C) genetic education.’’. 

8 (e) REGULATIONS AND EFFECTIVE DATE.—

9 (1) REGULATIONS.—Not later than 1 

10 year after the date of enactment of this 

11 title, the Secretary of Labor shall issue 

12 final regulations in an accessible format 

13 to carry out the amendments made by this 

14 section. 

15 (2) EFFECTIVE DATE.—The amendments 

16 made by this section shall apply with re17 spect to group health plans for plan years 

18 beginning after the date that is 18 months 

19 after the date of enactment of this title. 

20 SEC. 102. AMENDMENTS TO THE PUBLIC HEALTH SERVICE 

21 ACT. 

22 (a) AMENDMENTS RELATING TO THE GROUP

23 MARKET.—


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1 (1) PROHIBITION OF HEALTH DISCRIMINA2 TION ON THE BASIS OF GENETIC INFORMATION

3 OR GENETIC SERVICES.—

4 (A) NO ENROLLMENT RESTRICTION

5 FOR GENETIC SERVICES.—Section 

6 2702(a)(1)(F) of the Public Health 

7 Service Act (42 U.S.C. 300gg–

8 1(a)(1)(F)) is amended by inserting be9 fore the period the following: ‘‘(includ10 ing information about a request for or 

11 receipt of genetic services by an indi12 vidual or family member of such indi13 vidual)’’. 

14 (B) NO DISCRIMINATION IN GROUP

15 PREMIUMS BASED ON GENETIC INFORMA16 TION.—Section 2702(b) of the Public 

17 Health Service Act (42 U.S.C. 300gg–

18 1(b)) is amended—

19 (i) in paragraph (2)(A), by in20 serting before the semicolon the 

21 following: ‘‘, except as provided in 

22 paragraph (3)’’; and 

23 (ii) by adding at the end the 

24 following: 


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1 ‘‘(3) NO DISCRIMINATION IN GROUP PRE2 MIUMS BASED ON GENETIC INFORMATION.—

3 For purposes of this section, a group 

4 health plan, or a health insurance issuer 

5 offering group health insurance coverage 

6 in connection with a group health plan, 

7 shall not adjust premium or contribution 

8 amounts for a group on the basis of ge9 netic information concerning an indi10 vidual in the group or a family member of 

11 the individual (including information 

12 about a request for or receipt of genetic 

13 services by an individual or family mem14 ber of such individual).’’. 

15 (2) LIMITATIONS ON GENETIC TESTING.—

16 Section 2702 of the Public Health Service 

17 Act (42 U.S.C. 300gg–1) is amended by 

18 adding at the end the following: 

19 ‘‘(c) GENETIC TESTING.—

20 ‘‘(1) LIMITATION ON REQUESTING OR RE21 QUIRING GENETIC TESTING.—A group health 

22 plan, or a health insurance issuer offer23 ing health insurance coverage in connec24 tion with a group health plan, shall not 

25 request or require an individual or a famVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 ily member of such individual to undergo 

2 a genetic test. 

3 ‘‘(2) CERTAIN RULES OF CONSTRUC4 TION.—Nothing in this part shall be con5 strued to—

6 ‘‘(A) limit the authority of a 

7 health care professional who is pro8 viding health care services with re9 spect to an individual to request that 

10 such individual or a family member of 

11 such individual undergo a genetic 

12 test; 

13 ‘‘(B) limit the authority of a 

14 health care professional who is em15 ployed by or affiliated with a group 

16 health plan or a health insurance 

17 issuer and who is providing health 

18 care services to an individual as part 

19 of a bona fide wellness program to no20 tify such individual of the availability 

21 of a genetic test or to provide informa22 tion to such individual regarding 

23 such genetic test; or 


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•HR 493 RH

1 ‘‘(C) authorize or permit a health 

2 care professional to require that an 

3 individual undergo a genetic test. 

4 ‘‘(3) RULE OF CONSTRUCTION REGARDING

5 PAYMENT.—

6 ‘‘(A) IN GENERAL.—Subject to sub7 paragraph (B), nothing in paragraph 

8 (1) shall be construed to preclude a 

9 group health plan, or a health insur10 ance issuer offering health insurance 

11 coverage in connection with a group 

12 health plan, from conditioning pay13 ment on obtaining the results of a ge14 netic test or informing members of 

15 such policies. For purpose of the pre16 ceding sentence, the term ‘payment’

17 includes reimbursement, billing, 

18 claims management, claims adjudica19 tion, review of health care services 

20 with respect to medical necessity, cov21 erage under a health plan, appro22 priateness of care, or justification of 

23 charges, and utilization review (in24 cluding precertification, prior authorVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 ization, concurrent and retrospective 

2 review). 

3 ‘‘(B) LIMITATION.—For purposes of 

4 subparagraph (A), a group health 

5 plan, or a health insurance issuer of6 fering health insurance coverage in 

7 connection with a group health plan, 

8 may request only the minimum 

9 amount of information necessary to 

10 accomplish the intended purpose. 

11 ‘‘(d) APPLICATION TO ALL PLANS.—The pro12 visions of subsections (a)(1)(F), (b)(3), and (c) 

13 shall apply to group health plans and health 

14 insurance issuers without regard to section 

15 2721(a). 

16 ‘‘(e) GENETIC INFORMATION OF A FETUS OR

17 EMBRYO.—Any reference in this section to ge18 netic information concerning an individual or 

19 family member of an individual shall—

20 ‘‘(1) with respect to such an indi21 vidual or family member of an individual 

22 who is a pregnant woman, include genetic 

23 information of any fetus carried by such 

24 pregnant woman; and 


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•HR 493 RH

1 ‘‘(2) with respect to an individual or 

2 family member utilizing an assisted re3 productive technology, include genetic in4 formation of any embryo legally held by 

5 the individual or family member.’’. 

6 (3) REMEDIES AND ENFORCEMENT.—Sec7 tion 2722(b) of the Public Health Service 

8 Act (42 U.S.C. 300gg–22(b)) is amended by 

9 adding at the end the following: 

10 ‘‘(3) ENFORCEMENT AUTHORITY RELATING

11 TO GENETIC DISCRIMINATION.—

12 ‘‘(A) GENERAL RULE.—In the cases 

13 described in paragraph (1), notwith14 standing the provisions of paragraph 

15 (2)(C), the following provisions shall 

16 apply with respect to an action under 

17 this subsection by the Secretary with 

18 respect to any failure of a health in19 surance issuer in connection with a 

20 group health plan, to meet the re21 quirements of subsection (a)(1)(F), 

22 (b)(3), or (c) of section 2702 or section 

23 2701 or 2702(b)(1) with respect to ge24 netic information. 

25 ‘‘(B) AMOUNT.—


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1 ‘‘(i) IN GENERAL.—The amount 

2 of the penalty imposed under this 

3 paragraph shall be $100 for each 

4 day in the noncompliance period 

5 with respect to each individual to 

6 whom such failure relates. 

7 ‘‘(ii) NONCOMPLIANCE PERIOD.—

8 For purposes of this paragraph, 

9 the term ‘noncompliance period’

10 means, with respect to any failure, 

11 the period—

12 ‘‘(I) beginning on the date 

13 such failure first occurs; and 

14 ‘‘(II) ending on the date 

15 such failure is corrected. 

16 ‘‘(C) MINIMUM PENALTIES WHERE

17 FAILURE DISCOVERED.—Notwith18 standing clauses (i) and (ii) of sub19 paragraph (D): 

20 ‘‘(i) IN GENERAL.—In the case of 

21 1 or more failures with respect to 

22 an individual—

23 ‘‘(I) which are not cor24 rected before the date on 

25 which the plan receives a noVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 tice from the Secretary of such 

2 violation; and 

3 ‘‘(II) which occurred or 

4 continued during the period 

5 involved; 

6 the amount of penalty imposed by 

7 subparagraph (A) by reason of 

8 such failures with respect to such 

9 individual shall not be less than 

10 $2,500. 

11 ‘‘(ii) HIGHER MINIMUM PENALTY

12 WHERE VIOLATIONS ARE MORE THAN

13 DE MINIMIS.—To the extent viola14 tions for which any person is lia15 ble under this paragraph for any 

16 year are more than de minimis, 

17 clause (i) shall be applied by sub18 stituting ‘$15,000’ for ‘$2,500’ with 

19 respect to such person. 

20 ‘‘(D) LIMITATIONS.—

21 ‘‘(i) PENALTY NOT TO APPLY

22 WHERE FAILURE NOT DISCOVERED EX23 ERCISING REASONABLE DILIGENCE.—

24 No penalty shall be imposed by 

25 subparagraph (A) on any failure 


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•HR 493 RH

1 during any period for which it is 

2 established to the satisfaction of 

3 the Secretary that the person oth4 erwise liable for such penalty did 

5 not know, and exercising reason6 able diligence would not have 

7 known, that such failure existed. 

8 ‘‘(ii) PENALTY NOT TO APPLY TO

9 FAILURES CORRECTED WITHIN CER10 TAIN PERIODS.—No penalty shall be 

11 imposed by subparagraph (A) on 

12 any failure if—

13 ‘‘(I) such failure was due 

14 to reasonable cause and not to 

15 willful neglect; and 

16 ‘‘(II) such failure is cor17 rected during the 30-day pe18 riod beginning on the first 

19 date the person otherwise lia20 ble for such penalty knew, or 

21 exercising reasonable dili22 gence would have known, that 

23 such failure existed. 

24 ‘‘(iii) OVERALL LIMITATION FOR

25 UNINTENTIONAL FAILURES.—In the 


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•HR 493 RH

1 case of failures which are due to 

2 reasonable cause and not to will3 ful neglect, the penalty imposed by 

4 subparagraph (A) for failures 

5 shall not exceed the amount equal 

6 to the lesser of—

7 ‘‘(I) 10 percent of the ag8 gregate amount paid or in9 curred by the employer (or 

10 predecessor employer) during 

11 the preceding taxable year for 

12 group health plans; or 

13 ‘‘(II) $500,000. 

14 ‘‘(E) WAIVER BY SECRETARY.—In the 

15 case of a failure which is due to rea16 sonable cause and not to willful ne17 glect, the Secretary may waive part or 

18 all of the penalty imposed by subpara19 graph (A) to the extent that the pay20 ment of such penalty would be exces21 sive relative to the failure involved.’’. 

22 (4) DEFINITIONS.—Section 2791(d) of 

23 the Public Health Service Act (42 U.S.C. 

24 300gg–91(d)) is amended by adding at the 

25 end the following: 


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1 ‘‘(15) FAMILY MEMBER.—The term ‘fam2 ily member’ means, with respect to any in3 dividual—

4 ‘‘(A) a dependent (as such term is 

5 used for purposes of section 2701(f)(2)) 

6 of such individual; and 

7 ‘‘(B) any other individual who is a 

8 first-degree, second-degree, third-de9 gree, or fourth-degree relative of such 

10 individual or of an individual de11 scribed in subparagraph (A). 

12 ‘‘(16) GENETIC INFORMATION.—

13 ‘‘(A) IN GENERAL.—The term ‘ge14 netic information’ means information 

15 about—

16 ‘‘(i) an individual’s genetic 

17 tests; 

18 ‘‘(ii) the genetic tests of family 

19 members of the individual; or 

20 ‘‘(iii) the occurrence of a dis21 ease or disorder in family mem22 bers of the individual. 

23 ‘‘(B) INCLUSION OF GENETIC SERV24 ICES AND PARTICIPATION IN GENETIC RE25 SEARCH.—Such term includes, with reVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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•HR 493 RH

1 spect to any individual, any request 

2 for genetic services, receipt of genetic 

3 services, or participation in any clin4 ical research, or any other program, 

5 which includes genetic services, by 

6 such individual or any family member 

7 of such individual. 

8 ‘‘(C) EXCLUSIONS.—The term ‘ge9 netic information’ shall not include 

10 information about the sex or age of an 

11 individual. 

12 ‘‘(17) GENETIC TEST.—

13 ‘‘(A) IN GENERAL.—The term ‘ge14 netic test’ means an analysis of 

15 human DNA, RNA, chromosomes, pro16 teins, or metabolites, that detects 

17 genotypes, mutations, or chromosomal 

18 changes. 

19 ‘‘(B) EXCEPTIONS.—The term ‘ge20 netic test’ does not mean—

21 ‘‘(i) an analysis of proteins or 

22 metabolites that does not detect 

23 genotypes, mutations, or chromo24 somal changes; or 


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•HR 493 RH

1 ‘‘(ii) an analysis of proteins or 

2 metabolites that is directly related 

3 to a manifested disease, disorder, 

4 or pathological condition that 

5 could reasonably be detected by a 

6 health care professional with ap7 propriate training and expertise 

8 in the field of medicine involved. 

9 ‘‘(18) GENETIC SERVICES.—The term ‘ge10 netic services’ means—

11 ‘‘(A) a genetic test; 

12 ‘‘(B) genetic counseling (such as 

13 obtaining, interpreting, or assessing 

14 genetic information); or 

15 ‘‘(C) genetic education.’’. 

16 (b) AMENDMENT RELATING TO THE INDI17 VIDUAL MARKET.—

18 (1) IN GENERAL.—The first subpart 3 of 

19 part B of title XXVII of the Public Health 

20 Service Act (42 U.S.C. 300gg–51 et seq.) 

21 (relating to other requirements) is amend22 ed—

23 (A) by redesignating such subpart 

24 as subpart 2; and 


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•HR 493 RH

1 (B) by adding at the end the fol2 lowing: 

3 ‘‘SEC. 2753. PROHIBITION OF HEALTH DISCRIMINATION ON 

4 THE BASIS OF GENETIC INFORMATION. 

5 ‘‘(a) PROHIBITION ON GENETIC INFORMATION

6 AS A CONDITION OF ELIGIBILITY.—A health in7 surance issuer offering health insurance cov8 erage in the individual market may not estab9 lish rules for the eligibility (including contin10 ued eligibility) of any individual to enroll in 

11 individual health insurance coverage based 

12 on genetic information (including information 

13 about a request for or receipt of genetic serv14 ices by an individual or family member of such 

15 individual). 

16 ‘‘(b) PROHIBITION ON GENETIC INFORMATION

17 IN SETTING PREMIUM RATES.—A health insur18 ance issuer offering health insurance coverage 

19 in the individual market shall not adjust pre20 mium or contribution amounts for an indi21 vidual on the basis of genetic information con22 cerning the individual or a family member of 

23 the individual (including information about a 

24 request for or receipt of genetic services by an 


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1 individual or family member of such indi2 vidual). 

3 ‘‘(c) PROHIBITION ON GENETIC INFORMATION

4 AS PREEXISTING CONDITION.—A health insur5 ance issuer offering health insurance coverage 

6 in the individual market may not, on the basis 

7 of genetic information (including information 

8 about a request for or receipt of genetic serv9 ices by an individual or family member of such 

10 individual), impose any preexisting condition 

11 exclusion (as defined in section 2701(b)(1)(A)) 

12 with respect to such coverage. 

13 ‘‘(d) GENETIC TESTING.—

14 ‘‘(1) LIMITATION ON REQUESTING OR RE15 QUIRING GENETIC TESTING.—A health insur16 ance issuer offering health insurance cov17 erage in the individual market shall not 

18 request or require an individual or a fam19 ily member of such individual to undergo 

20 a genetic test. 

21 ‘‘(2) CERTAIN RULES OF CONSTRUC22 TION.—Nothing in this part shall be con23 strued to—

24 ‘‘(A) limit the authority of a 

25 health care professional who is proVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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•HR 493 RH

1 viding health care services with re2 spect to an individual to request that 

3 such individual or a family member of 

4 such individual undergo a genetic 

5 test; 

6 ‘‘(B) limit the authority of a 

7 health care professional who is em8 ployed by or affiliated with a health 

9 insurance issuer and who is providing 

10 health care services to an individual 

11 as part of a bona fide wellness pro12 gram to notify such individual of the 

13 availability of a genetic test or to pro14 vide information to such individual 

15 regarding such genetic test; or 

16 ‘‘(C) authorize or permit a health 

17 care professional to require that an 

18 individual undergo a genetic test. 

19 ‘‘(3) RULE OF CONSTRUCTION REGARDING

20 PAYMENT.—

21 ‘‘(A) IN GENERAL.—Subject to sub22 paragraph (B), nothing in paragraph 

23 (1) shall be construed to preclude a 

24 health insurance issuer offering 

25 health insurance coverage in the indiVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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•HR 493 RH

1 vidual market from conditioning pay2 ment on obtaining the results of a ge3 netic test or informing members of 

4 such policies. For purpose of the pre5 ceding sentence, the term ‘payment’

6 includes reimbursement, billing, 

7 claims management, claims adjudica8 tion, review of health care services 

9 with respect to medical necessity, cov10 erage under a health plan, appro11 priateness of care, or justification of 

12 charges, and utilization review (in13 cluding precertification, prior author14 ization, concurrent and retrospective 

15 review). 

16 ‘‘(B) LIMITATION.—For purposes of 

17 subparagraph (A), a health insurance 

18 issuer offering health insurance cov19 erage in the individual market may 

20 request only the minimum amount of 

21 information necessary to accomplish 

22 the intended purpose. 

23 ‘‘(e) GENETIC INFORMATION OF A FETUS OR

24 EMBRYO.—Any reference in this section to geVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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•HR 493 RH

1 netic information concerning an individual or 

2 family member of an individual shall—

3 ‘‘(1) with respect to such an indi4 vidual or family member of an individual 

5 who is a pregnant woman, include genetic 

6 information of any fetus carried by such 

7 pregnant woman; and 

8 ‘‘(2) with respect to an individual or 

9 family member utilizing an assisted re10 productive technology, include genetic in11 formation of any embryo legally held by 

12 the individual or family member.’’. 

13 (2) REMEDIES AND ENFORCEMENT.—Sec14 tion 2761(b) of the Public Health Service 

15 Act (42 U.S.C. 300gg–61(b)) is amended to 

16 read as follows: 

17 ‘‘(b) SECRETARIAL ENFORCEMENT AUTHOR18 ITY.—The Secretary shall have the same au19 thority in relation to enforcement of the provi20 sions of this part with respect to issuers of 

21 health insurance coverage in the individual 

22 market in a State as the Secretary has under 

23 section 2722(b)(2), and section 2722(b)(3) with 

24 respect to violations of genetic nondiscrimina25 tion provisions, in relation to the enforcement 


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•HR 493 RH

1 of the provisions of part A with respect to 

2 issuers of health insurance coverage in the 

3 small group market in the State.’’. 

4 (c) ELIMINATION OF OPTION OF NON-FED5 ERAL GOVERNMENTAL PLANS TO BE EXCEPTED

6 FROM REQUIREMENTS CONCERNING GENETIC IN7 FORMATION.—Section 2721(b)(2) of the Public 

8 Health Service Act (42 U.S.C. 300gg–21(b)(2)) is 

9 amended—

10 (1) in subparagraph (A), by striking 

11 ‘‘If the plan sponsor’’ and inserting ‘‘Ex12 cept as provided in subparagraph (D), if 

13 the plan sponsor’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(D) ELECTION NOT APPLICABLE TO

16 REQUIREMENTS CONCERNING GENETIC IN17 FORMATION.—The election described in 

18 subparagraph (A) shall not be avail19 able with respect to the provisions of 

20 subsections (a)(1)(F) and (c) of section 

21 2702 and the provisions of section 

22 2702(b) to the extent that such provi23 sions apply to genetic information (or 

24 information about a request for or the 

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1 vidual or a family member of such in2 dividual).’’. 

3 (d) REGULATIONS AND EFFECTIVE DATE.—

4 (1) REGULATIONS.—Not later than 1 

5 year after the date of enactment of this 

6 title, the Secretary of Labor and the Sec7 retary of Health and Human Services (as 

8 the case may be) shall issue final regula9 tions in an accessible format to carry out 

10 the amendments made by this section. 

11 (2) EFFECTIVE DATE.—The amendments 

12 made by this section shall apply—

13 (A) with respect to group health 

14 plans, and health insurance coverage 

15 offered in connection with group 

16 health plans, for plan years beginning 

17 after the date that is 18 months after 

18 the date of enactment of this title; and 

19 (B) with respect to health insur20 ance coverage offered, sold, issued, re21 newed, in effect, or operated in the in22 dividual market after the date that is 

23 18 months after the date of enactment 

24 of this title. 


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1 SEC. 103. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SE2 CURITY ACT RELATING TO MEDIGAP. 

3 (a) NONDISCRIMINATION.—

4 (1) IN GENERAL.—Section 1882(s)(2) of 

5 the Social Security Act (42 U.S.C. 

6 1395ss(s)(2)) is amended by adding at the 

7 end the following: 

8 ‘‘(E)(i) An issuer of a medicare 

9 supplemental policy shall not deny or 

10 condition the issuance or effectiveness 

11 of the policy, and shall not discrimi12 nate in the pricing of the policy (in13 cluding the adjustment of premium 

14 rates) of an eligible individual on the 

15 basis of genetic information con16 cerning the individual (or informa17 tion about a request for, or the receipt 

18 of, genetic services by such individual 

19 or family member of such individual). 

20 ‘‘(ii) For purposes of clause (i), the 

21 terms ‘family member’, ‘genetic serv22 ices’, and ‘genetic information’ shall 

23 have the meanings given such terms 

24 in subsection (x).’’. 

25 (2) EFFECTIVE DATE.—The amendment 

26 made by paragraph (1) shall apply with 


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1 respect to a policy for policy years begin2 ning after the date that is 18 months after 

3 the date of enactment of this Act. 

4 (b) LIMITATIONS ON GENETIC TESTING.—

5 (1) IN GENERAL.—Section 1882 of the 

6 Social Security Act (42 U.S.C. 1395ss) is 

7 amended by adding at the end the fol8 lowing: 

9 ‘‘(x) LIMITATIONS ON GENETIC TESTING.—

10 ‘‘(1) GENETIC TESTING.—

11 ‘‘(A) LIMITATION ON REQUESTING OR

12 REQUIRING GENETIC TESTING.—An 

13 issuer of a medicare supplemental 

14 policy shall not request or require an 

15 individual or a family member of such 

16 individual to undergo a genetic test. 

17 ‘‘(B) RULE OF CONSTRUCTION.—

18 Nothing in this title shall be con19 strued to—

20 ‘‘(i) limit the authority of a 

21 health care professional who is 

22 providing health care services 

23 with respect to an individual to 

24 request that such individual or a 


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1 family member of such individual 

2 undergo a genetic test; 

3 ‘‘(ii) limit the authority of a 

4 health care professional who is 

5 employed by or affiliated with an 

6 issuer of a medicare supplemental 

7 policy and who is providing 

8 health care services to an indi9 vidual as part of a bona fide 

10 wellness program to notify such 

11 individual of the availability of a 

12 genetic test or to provide informa13 tion to such individual regarding 

14 such genetic test; or 

15 ‘‘(iii) authorize or permit a 

16 health care professional to require 

17 that an individual undergo a ge18 netic test. 

19 ‘‘(2) DEFINITIONS.—In this subsection: 

20 ‘‘(A) FAMILY MEMBER.—The term 

21 ‘family member’ means with respect to 

22 an individual—

23 ‘‘(i) the spouse of the indi24 vidual; 


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1 ‘‘(ii) a dependent child of the 

2 individual, including a child who 

3 is born to or placed for adoption 

4 with the individual; or 

5 ‘‘(iii) any other individuals re6 lated by blood to the individual or 

7 to the spouse or child described in 

8 clause (i) or (ii). 

9 ‘‘(B) GENETIC INFORMATION.—

10 ‘‘(i) IN GENERAL.—Except as 

11 provided in clause (ii), the term 

12 ‘genetic information’ means infor13 mation about—

14 ‘‘(I) an individual’s ge15 netic tests; 

16 ‘‘(II) the genetic tests of 

17 family members of the indi18 vidual; or 

19 ‘‘(III) the occurrence of a 

20 disease or disorder in family 

21 members of the individual. 

22 ‘‘(ii) EXCLUSIONS.—The term 

23 ‘genetic information’ shall not in24 clude information about the sex or 

25 age of an individual. 


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1 ‘‘(C) GENETIC TEST.—

2 ‘‘(i) IN GENERAL.—The term ‘ge3 netic test’ means an analysis of 

4 human DNA, RNA, chromosomes, 

5 proteins, or metabolites, that de6 tects genotypes, mutations, or 

7 chromosomal changes. 

8 ‘‘(ii) EXCEPTIONS.—The term 

9 ‘genetic test’ does not mean—

10 ‘‘(I) an analysis of proteins 

11 or metabolites that does not 

12 detect genotypes, mutations, or 

13 chromosomal changes; or 

14 ‘‘(II) an analysis of pro15 teins or metabolites that is di16 rectly related to a manifested 

17 disease, disorder, or patholog18 ical condition that could rea19 sonably be detected by a 

20 health care professional with 

21 appropriate training and ex22 pertise in the field of medicine 

23 involved. 

24 ‘‘(D) GENETIC SERVICES.—The term 

25 ‘genetic services’ means—


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1 ‘‘(i) a genetic test; 

2 ‘‘(ii) genetic counseling (such 

3 as obtaining, interpreting, or as4 sessing genetic information); or 

5 ‘‘(iii) genetic education. 

6 ‘‘(E) ISSUER OF A MEDICARE SUPPLE7 MENTAL POLICY.—The term ‘issuer of a 

8 medicare supplemental policy’ in9 cludes a third-party administrator or 

10 other person acting for or on behalf of 

11 such issuer.’’. 

12 (2) CONFORMING AMENDMENT.—Section 

13 1882(o) of the Social Security Act (42 

14 U.S.C. 1395ss(o)) is amended by adding at 

15 the end the following: 

16 ‘‘(4) The issuer of the medicare supple17 mental policy complies with subsection 

18 (s)(2)(E) and subsection (x).’’. 

19 (3) EFFECTIVE DATE.—The amendments 

20 made by this subsection shall apply with 

21 respect to an issuer of a medicare supple22 mental policy for policy years beginning 

23 on or after the date that is 18 months 

24 after the date of enactment of this Act. 

25 (c) TRANSITION PROVISIONS.—


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1 (1) IN GENERAL.—If the Secretary of 

2 Health and Human Services identifies a 

3 State as requiring a change to its statutes 

4 or regulations to conform its regulatory 

5 program to the changes made by this sec6 tion, the State regulatory program shall 

7 not be considered to be out of compliance 

8 with the requirements of section 1882 of 

9 the Social Security Act due solely to fail10 ure to make such change until the date 

11 specified in paragraph (4). 

12 (2) NAIC STANDARDS.—If, not later 

13 than June 30, 2008, the National Associa14 tion of Insurance Commissioners (in this 

15 subsection referred to as the ‘‘NAIC’’) 

16 modifies its NAIC Model Regulation relat17 ing to section 1882 of the Social Security 

18 Act (referred to in such section as the 1991 

19 NAIC Model Regulation, as subsequently 

20 modified) to conform to the amendments 

21 made by this section, such revised regula22 tion incorporating the modifications shall 

23 be considered to be the applicable NAIC 

24 model regulation (including the revised 

25 NAIC model regulation and the 1991 


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1 NAIC Model Regulation) for the purposes 

2 of such section. 

3 (3) SECRETARY STANDARDS.—If the 

4 NAIC does not make the modifications de5 scribed in paragraph (2) within the pe6 riod specified in such paragraph, the Sec7 retary of Health and Human Services 

8 shall, not later than October 1, 2008, 

9 make the modifications described in such 

10 paragraph and such revised regulation 

11 incorporating the modifications shall be 

12 considered to be the appropriate regula13 tion for the purposes of such section. 

14 (4) DATE SPECIFIED.—

15 (A) IN GENERAL.—Subject to sub16 paragraph (B), the date specified in 

17 this paragraph for a State is the ear18 lier of—

19 (i) the date the State changes 

20 its statutes or regulations to con21 form its regulatory program to the 

22 changes made by this section, or 

23 (ii) October 1, 2008. 


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1 (B) ADDITIONAL LEGISLATIVE ACTION

2 REQUIRED.—In the case of a State 

3 which the Secretary identifies as—

4 (i) requiring State legislation 

5 (other than legislation appro6 priating funds) to conform its reg7 ulatory program to the changes 

8 made in this section, but 

9 (ii) having a legislature which 

10 is not scheduled to meet in 2008 in 

11 a legislative session in which such 

12 legislation may be considered, the 

13 date specified in this paragraph is 

14 the first day of the first calendar 

15 quarter beginning after the close 

16 of the first legislative session of 

17 the State legislature that begins 

18 on or after July 1, 2008. For pur19 poses of the previous sentence, in 

20 the case of a State that has a 2- 

21 year legislative session, each year 

22 of such session shall be deemed to 

23 be a separate regular session of 

24 the State legislature. 


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1 SEC. 104. PRIVACY AND CONFIDENTIALITY. 

2 (a) APPLICABILITY.—Except as provided in 

3 subsection (d), the provisions of this section 

4 shall apply to group health plans and health 

5 insurance issuers that offers group health in6 surance coverage in connection with a group 

7 health plan, without regard to—

8 (1) section 732(a) of the Employee Re9 tirement Income Security Act of 1974 (29 

10 U.S.C. 1191a(a)); 

11 (2) section 9831(a)(2) of the Internal 

12 Revenue Code of 1986. 

13 (b) COMPLIANCE WITH CERTAIN CONFIDEN14 TIALITY STANDARDS WITH RESPECT TO GENETIC

15 INFORMATION.—

16 (1) IN GENERAL.—The regulations pro17 mulgated by the Secretary of Health and 

18 Human Services under part C of title XI of 

19 the Social Security Act (42 U.S.C. 1320d et 

20 seq.) and section 264 of the Health Insur21 ance Portability and Accountability Act of 

22 1996 (42 U.S.C. 1320d–2 note) shall apply 

23 to the use or disclosure of genetic infor24 mation by a group health plan or by a 

25 health insurance issuer that offers group 


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1 health insurance coverage in connection 

2 with a group health plan. 

3 (2) PROHIBITION ON UNDERWRITING AND

4 PREMIUM RATING.—Notwithstanding para5 graph (1), a group health plan or a health 

6 insurance issuer that offers group health 

7 insurance coverage in connection with a 

8 group health plan shall not use or dis9 close genetic information (including in10 formation about a request for or a receipt 

11 of genetic services by an individual or 

12 family member of such individual) for 

13 purposes of underwriting, determinations 

14 of eligibility to enroll, premium rating, or 

15 the creation, renewal or replacement of a 

16 plan, contract or coverage for health in17 surance or health benefits. 

18 (c) PROHIBITION ON COLLECTION OF GENETIC

19 INFORMATION.—

20 (1) IN GENERAL.—A group health plan 

21 or a health insurance issuer that offers 

22 group health insurance coverage in con23 nection with a group health plan shall 

24 not request, require, or purchase genetic 

25 information (including information about 


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1 a request for or a receipt of genetic serv2 ices by an individual or family member of 

3 such individual) for purposes of under4 writing, determinations of eligibility to 

5 enroll, premium rating, or the creation, 

6 renewal or replacement of a plan, con7 tract or coverage for health insurance or 

8 health benefits. 

9 (2) LIMITATION RELATING TO THE COL10 LECTION OF GENETIC INFORMATION PRIOR TO

11 ENROLLMENT.—A group health plan or a 

12 health insurance issuer that offers group 

13 health insurance coverage in connection 

14 with a group health plan shall not re15 quest, require, or purchase genetic infor16 mation (including information about a re17 quest for or a receipt of genetic services by 

18 an individual or family member of such 

19 individual) concerning a participant, 

20 beneficiary, or enrollee prior to the enroll21 ment, and in connection with such enroll22 ment, of such individual under the plan 

23 or coverage. 

24 (3) INCIDENTAL COLLECTION.—Where a 

25 group health plan obtains or a health inVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 surance issuer that offers group health in2 surance coverage in connection with a 

3 group health plan genetic information in4 cidental to the requesting, requiring, or 

5 purchasing of other information con6 cerning a participant, beneficiary, or en7 rollee, such request, requirement, or pur8 chase shall not be considered a violation 

9 of this subsection if—

10 (A) such request, requirement, or 

11 purchase is not in violation of para12 graph (1); and 

13 (B) any genetic information (in14 cluding information about a request 

15 for or receipt of genetic services) re16 quested, required, or purchased is not 

17 used or disclosed in violation of sub18 section (b). 

19 (d) APPLICATION OF CONFIDENTIALITY

20 STANDARDS.—The provisions of subsections (b) 

21 and (c) shall not apply—

22 (1) to group health plans or health in23 surance issuers that are not otherwise 

24 covered under the regulations promul25 gated by the Secretary of Health and 


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1 Human Services under part C of title XI of 

2 the Social Security Act (42 U.S.C. 1320d et 

3 seq.) and section 264 of the Health Insur4 ance Portability and Accountability Act of 

5 1996 (42 U.S.C. 1320d–2 note); and 

6 (2) to genetic information that is not 

7 considered to be individually-identifiable 

8 health information under the regulations 

9 promulgated by the Secretary of Health 

10 and Human Services under part C of title 

11 XI of the Social Security Act (42 U.S.C. 

12 1320d et seq.) and section 264 of the 

13 Health Insurance Portability and Ac14 countability Act of 1996 (42 U.S.C. 1320d–

15 2 note). 

16 (e) ENFORCEMENT.—A group health plan or 

17 a health insurance issuer that offers group 

18 health insurance coverage in connection with 

19 a group health plan that violates a provision 

20 of this section shall be subject to the penalties 

21 described in sections 1176 and 1177 of the So22 cial Security Act (42 U.S.C. 1320d–5 and 

23 1320d–6) in the same manner and to the same 

24 extent that such penalties apply to violations 

25 of part C of title XI of such Act. 


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1 (f) PREEMPTION.—

2 (1) IN GENERAL.—A provision or re3 quirement under this section or a regula4 tion promulgated under this section shall 

5 supersede any contrary provision of State 

6 law unless such provision of State law im7 poses requirements, standards, or imple8 mentation specifications that are more 

9 stringent than the requirements, stand10 ards, or implementation specifications im11 posed under this section or such regula12 tions. No penalty, remedy, or cause of ac13 tion to enforce such a State law that is 

14 more stringent shall be preempted by this 

15 section. 

16 (2) RULE OF CONSTRUCTION.—Nothing 

17 in paragraph (1) shall be construed to es18 tablish a penalty, remedy, or cause of ac19 tion under State law if such penalty, rem20 edy, or cause of action is not otherwise 

21 available under such State law. 

22 (g) COORDINATION WITH PRIVACY REGULA23 TIONS.—The Secretary shall implement and 

24 administer this section in a manner that is 

25 consistent with the implementation and adVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 ministration by the Secretary of the regula2 tions promulgated by the Secretary of Health 

3 and Human Services under part C of title XI 

4 of the Social Security Act (42 U.S.C. 1320d et 

5 seq.) and section 264 of the Health Insurance 

6 Portability and Accountability Act of 1996 (42 

7 U.S.C. 1320d–2 note). 

8 (h) DEFINITIONS.—In this section: 

9 (1) GENETIC INFORMATION; GENETIC

10 SERVICES.—The terms ‘‘family member’’, 

11 ‘‘genetic information’’, ‘‘genetic services’’, 

12 and ‘‘genetic test’’ have the meanings 

13 given such terms in section 2791 of the 

14 Public Health Service Act (42 U.S.C. 

15 300gg–91), as amended by this Act. 

16 (2) GROUP HEALTH PLAN; HEALTH INSUR17 ANCE ISSUER.—The terms ‘‘group health 

18 plan’’ and ‘‘health insurance issuer’’ in19 clude only those plans and issuers that 

20 are covered under the regulations de21 scribed in subsection (d)(1). 

22 (3) SECRETARY.—The term ‘‘Secretary’’

23 means the Secretary of Health and 

24 Human Services. 


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1 SEC. 104A. PRIVACY AND CONFIDENTIALITY. 

2 (a) PHSA PROVISIONS.—

3 (1) GROUP HEALTH PLANS.—

4 (A) IN GENERAL.—Title XXVII of 

5 the Public Health Service Act is 

6 amended by inserting after section 

7 2702 the following new section: 

8 ‘‘SEC. 2703. PRIVACY AND CONFIDENTIAL OF GENETIC IN9 FORMATION. 

10 ‘‘(a) COMPLIANCE WITH CERTAIN CONFIDEN11 TIALITY STANDARDS WITH RESPECT TO GENETIC

12 INFORMATION.—

13 ‘‘(1) IN GENERAL.—The regulations pro14 mulgated by the Secretary under part C of 

15 title XI of the Social Security Act (42 

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

17 Health Insurance Portability and Ac18 countability Act of 1996 (42 U.S.C. 1320d–

19 2 note) shall apply to the use or disclosure 

20 of genetic information by a group health 

21 plan or by an health insurance issuer in 

22 connection with health insurance cov23 erage offered in connection with a group 

24 health plan. 

25 ‘‘(2) PROHIBITION ON UNDERWRITING

26 AND PREMIUM RATING.—Notwithstanding 


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1 paragraph (1), a group health plan or a 

2 health insurance issuer (in connection 

3 with health insurance coverage offered in 

4 connection with a group health plan) 

5 shall not use or disclose genetic informa6 tion (including information about a re7 quest for or a receipt of genetic services by 

8 an individual or family member of such 

9 individual) for purposes of underwriting, 

10 determinations of eligibility to enroll, pre11 mium rating, or the creation, renewal or 

12 replacement of a plan, contract or cov13 erage for health insurance or health bene14 fits. 

15 ‘‘(b) PROHIBITION ON COLLECTION OF GE16 NETIC INFORMATION.—

17 ‘‘(1) IN GENERAL.—A group health plan 

18 or health insurance issuer (in connection 

19 with health insurance coverage offered in 

20 connection with a group health plan) 

21 shall not request, require, or purchase ge22 netic information (including information 

23 about a request for or a receipt of genetic 

24 services by an individual or family mem25 ber of such individual) for purposes of unVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 derwriting, determinations of eligibility to 

2 enroll, premium rating, or the creation, 

3 renewal or replacement of a plan, con4 tract or coverage for health insurance or 

5 health benefits. 

6 ‘‘(2) LIMITATION RELATING TO THE COL7 LECTION OF GENETIC INFORMATION PRIOR TO

8 ENROLLMENT.—A group health plan or 

9 health insurance issuer (in connection 

10 with health insurance coverage offered in 

11 connection with a group health plan) 

12 shall not request, require, or purchase ge13 netic information (including information 

14 about a request for or a receipt of genetic 

15 services by an individual or family mem16 ber of such individual) concerning a par17 ticipant, beneficiary, or enrollee prior to 

18 the enrollment, and in connection with 

19 such enrollment, of such individual under 

20 the plan or coverage. 

21 ‘‘(3) INCIDENTAL COLLECTION.—Where a 

22 group health plan or health insurance 

23 issuer (in connection with health insur24 ance coverage offered in connection with 

25 a group health plan) obtains genetic inVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 formation incidental to the requesting, re2 quiring, or purchasing of other informa3 tion concerning a participant or bene4 ficiary, such request, requirement, or pur5 chase shall not be considered a violation 

6 of this subsection if—

7 ‘‘(A) such request, requirement, or 

8 purchase is not in violation of para9 graph (1); and 

10 ‘‘(B) any genetic information (in11 cluding information about a request 

12 for or receipt of genetic services) re13 quested, required, or purchased is not 

14 used or disclosed in violation of sub15 section (a). 

16 ‘‘(c) APPLICATION OF CONFIDENTIALITY

17 STANDARDS.—The provisions of subsections (a) 

18 and (b) shall not apply—

19 ‘‘(1) to group health plans or health 

20 insurance issuers that are not otherwise 

21 covered under the regulations promul22 gated by the Secretary under part C of 

23 title XI of the Social Security Act (42 

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

25 Health Insurance Portability and AcVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 countability Act of 1996 (42 U.S.C. 1320d–

2 2 note); and 

3 ‘‘(2) to genetic information that is not 

4 considered to be individually-identifiable 

5 health information under the regulations 

6 promulgated by the Secretary under part 

7 C of title XI of the Social Security Act (42 

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

9 Health Insurance Portability and Ac10 countability Act of 1996 (42 U.S.C. 1320d–

11 2 note). 

12 ‘‘(d) COORDINATION WITH PRIVACY REGULA13 TIONS.—The Secretary shall implement and 

14 administer this section in a manner that is 

15 consistent with the implementation and ad16 ministration by the Secretary of the regula17 tions promulgated by the Secretary under part 

18 C of title XI of the Social Security Act (42 

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

20 Health Insurance Portability and Account21 ability Act of 1996 (42 U.S.C. 1320d–2 note).’’. 

22 (B) APPLICATION TO SMALL GROUP

23 HEALTH PLANS.—Section 2721(a) of 

24 such Act (42 U.S.C. 300gg-21(a)) is 

25 amended by inserting ‘‘(other than 


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1 section 2703)’’ after ‘‘subparts 1 and 

2 3’’. 

3 (2) INDIVIDUAL HEALTH INSURANCE.—

4 Such title is further amended by inserting 

5 after section 2744 the following new sec6 tion: 

7 ‘‘SEC. 2744A. PRIVACY AND CONFIDENTIALITY OF GENETIC 

8 INFORMATION. 

9 ‘‘(a) COMPLIANCE WITH CERTAIN CONFIDEN10 TIALITY STANDARDS WITH RESPECT TO GENETIC

11 INFORMATION.—

12 ‘‘(1) IN GENERAL.—The regulations pro13 mulgated by the Secretary under part C of 

14 title XI of the Social Security Act (42 

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

16 Health Insurance Portability and Ac17 countability Act of 1996 (42 U.S.C. 1320d–

18 2 note) shall apply to the use or disclosure 

19 of genetic information by an health insur20 ance issuer in connection with individual 

21 health insurance coverage. 

22 ‘‘(2) PROHIBITION ON UNDERWRITING

23 AND PREMIUM RATING.—Notwithstanding 

24 paragraph (1), a health insurance issuer 

25 shall not use or disclose genetic informaVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 tion (including information about a re2 quest for or a receipt of genetic services by 

3 an individual or family member of such 

4 individual) for purposes of underwriting, 

5 determinations of eligibility to enroll, pre6 mium rating, or the creation, renewal or 

7 replacement of a plan, contract or cov8 erage for health insurance or health bene9 fits in the individual market. 

10 ‘‘(b) PROHIBITION ON COLLECTION OF GE11 NETIC INFORMATION.—

12 ‘‘(1) IN GENERAL.—A health insurance 

13 issuer shall not request, require, or pur14 chase genetic information (including in15 formation about a request for or a receipt 

16 of genetic services by an individual or 

17 family member of such individual) for 

18 purposes of underwriting, determinations 

19 of eligibility to enroll, premium rating, or 

20 the creation, renewal or replacement of a 

21 plan, contract or coverage for health in22 surance or health benefits in the indi23 vidual market. 

24 ‘‘(2) LIMITATION RELATING TO THE COL25 LECTION OF GENETIC INFORMATION PRIOR TO


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1 ENROLLMENT.—A health insurance issuer 

2 offering health insurance coverage in the 

3 individual market shall not request, re4 quire, or purchase genetic information 

5 (including information about a request 

6 for or a receipt of genetic services by an 

7 individual or family member of such indi8 vidual) concerning an enrollee prior to 

9 the enrollment, and in connection with 

10 such enrollment, of such individual under 

11 the coverage. 

12 ‘‘(3) INCIDENTAL COLLECTION.—Where a 

13 health insurance issuer obtains genetic 

14 information incidental to the requesting, 

15 requiring, or purchasing of other infor16 mation concerning an enrollee in the indi17 vidual market, such request, requirement, 

18 or purchase shall not be considered a vio19 lation of this subsection if—

20 ‘‘(A) such request, requirement, or 

21 purchase is not in violation of para22 graph (1); and 

23 ‘‘(B) any genetic information (in24 cluding information about a request 

25 for or receipt of genetic services) reVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 quested, required, or purchased is not 

2 used or disclosed in violation of sub3 section (a). 

4 ‘‘(c) APPLICATION OF CONFIDENTIALITY

5 STANDARDS.—The provisions of subsections (a) 

6 and (b) shall not apply—

7 ‘‘(1) to health insurance issuers that 

8 are not otherwise covered under the regu9 lations promulgated by the Secretary 

10 under part C of title XI of the Social Secu11 rity Act (42 U.S.C. 1320d et seq.) and sec12 tion 264 of the Health Insurance Port13 ability and Accountability Act of 1996 (42 

14 U.S.C. 1320d–2 note); and 

15 ‘‘(2) to genetic information that is not 

16 considered to be individually-identifiable 

17 health information under the regulations 

18 promulgated by the Secretary under part 

19 C of title XI of the Social Security Act (42 

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

21 Health Insurance Portability and Ac22 countability Act of 1996 (42 U.S.C. 1320d–

23 2 note). 

24 ‘‘(d) COORDINATION WITH PRIVACY REGULA25 TIONS.—The Secretary shall implement and 


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1 administer this section in a manner that is 

2 consistent with the implementation and ad3 ministration by the Secretary of the regula4 tions promulgated by the Secretary under part 

5 C of title XI of the Social Security Act (42 

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

7 Health Insurance Portability and Account8 ability Act of 1996 (42 U.S.C. 1320d–2 note).’’. 

9 (b) APPLICATION TO MEDICARE SUPPLE10 MENTAL POLICIES.—Section 1882 of the Social 

11 Security Act (42 U.S.C. 1395ss), as amended by 

12 section 103(b)(1), is amended by adding at the 

13 end the following new subsection: 

14 ‘‘(y) PRIVACY AND CONFIDENTIALITY OF GE15 NETIC INFORMATION.—

16 ‘‘(1) COMPLIANCE WITH CERTAIN CON17 FIDENTIALITY STANDARDS WITH RESPECT TO

18 GENETIC INFORMATION.—

19 ‘‘(A) IN GENERAL.—The regulations 

20 promulgated by the Secretary under 

21 part C of title XI of the Social Security 

22 Act (42 U.S.C. 1320d et seq.) and sec23 tion 264 of the Health Insurance Port24 ability and Accountability Act of 1996 

25 (42 U.S.C. 1320d–2 note) shall apply to 


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1 the use or disclosure of genetic infor2 mation by an issuer of a medicare 

3 supplemental policy. 

4 ‘‘(B) PROHIBITION ON UNDER5 WRITING AND PREMIUM RATING.—Not6 withstanding subparagraph (A), an 

7 issuer of a medicare supplemental 

8 policy shall not use or disclose genetic 

9 information (including information 

10 about a request for or a receipt of ge11 netic services by an individual or fam12 ily member of such individual) for 

13 purposes of underwriting, determina14 tions of eligibility to enroll, premium 

15 rating, or the creation, renewal or re16 placement of a plan, contract or cov17 erage for health insurance or health 

18 benefits in connection with such pol19 icy. 

20 ‘‘(2) PROHIBITION ON COLLECTION OF GE21 NETIC INFORMATION.—

22 ‘‘(A) IN GENERAL.—An issuer of a 

23 medicare supplemental policy shall 

24 not request, require, or purchase ge25 netic information (including informaVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 tion about a request for or a receipt of 

2 genetic services by an individual or 

3 family member of such individual) for 

4 purposes of underwriting, determina5 tions of eligibility to enroll, premium 

6 rating, or the creation, renewal or re7 placement of a plan, contract or cov8 erage for health insurance or health 

9 benefits in connection with such pol10 icy. 

11 ‘‘(B) LIMITATION RELATING TO THE

12 COLLECTION OF GENETIC INFORMATION

13 PRIOR TO ENROLLMENT.—An issuer of a 

14 medicare supplemental policy shall 

15 not request, require, or purchase ge16 netic information (including informa17 tion about a request for or a receipt of 

18 genetic services by an individual or 

19 family member of such individual) 

20 concerning an enrollee prior to the en21 rollment, and in connection with such 

22 enrollment, of such individual under 

23 the policy. 

24 ‘‘(C) INCIDENTAL COLLECTION.—

25 Where the issuer of a medicare suppleVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 mental policy obtains genetic informa2 tion incidental to the requesting, re3 quiring, or purchasing of other infor4 mation concerning an enrollee in con5 nection with such a policy, such re6 quest, requirement, or purchase shall 

7 not be considered a violation of this 

8 paragraph if—

9 ‘‘(i) such request, requirement, 

10 or purchase is not in violation of 

11 subparagraph (A); and 

12 ‘‘(ii) any genetic information 

13 (including information about a re14 quest for or receipt of genetic serv15 ices) requested, required, or pur16 chased is not used or disclosed in 

17 violation of paragraph (1). 

18 ‘‘(3) APPLICATION OF CONFIDENTIALITY

19 STANDARDS.—The provisions of para20 graphs (1) and (2) shall not apply—

21 ‘‘(A) to health insurance issuers 

22 that are not otherwise covered under 

23 the regulations promulgated by the 

24 Secretary under part C of title XI of 

25 the Social Security Act (42 U.S.C. 


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1 1320d et seq.) and section 264 of the 

2 Health Insurance Portability and Ac3 countability Act of 1996 (42 U.S.C. 

4 1320d–2 note); and 

5 ‘‘(B) to genetic information that is 

6 not considered to be individually-iden7 tifiable health information under the 

8 regulations promulgated by the Sec9 retary under part C of title XI of the 

10 Social Security Act (42 U.S.C. 1320d et 

11 seq.) and section 264 of the Health In12 surance Portability and Account13 ability Act of 1996 (42 U.S.C. 1320d–2 

14 note). 

15 ‘‘(4) COORDINATION WITH PRIVACY REGU16 LATIONS.—The Secretary shall implement 

17 and administer this subsection in a man18 ner that is consistent with the implemen19 tation and administration by the Sec20 retary of the regulations promulgated by 

21 the Secretary under part C of title XI of 

22 the Social Security Act (42 U.S.C. 1320d et 

23 seq.) and section 264 of the Health Insur24 ance Portability and Accountability Act of 

25 1996 (42 U.S.C. 1320d–2 note).’’. 


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1 SEC. 105. ASSURING COORDINATION. 

2 (a) IN GENERAL.—Except as provided in 

3 subsection (b), the Secretary of the Treasury, 

4 the Secretary of Health and Human Services, 

5 and the Secretary of Labor shall ensure, 

6 through the execution of an interagency memo7 randum of understanding among such Secre8 taries, that—

9 (1) regulations, rulings, and interpre10 tations issued by such Secretaries relating 

11 to the same matter over which two or 

12 more such Secretaries have responsibility 

13 under this title (and the amendments 

14 made by this title) are administered so as 

15 to have the same effect at all times; and 

16 (2) coordination of policies relating to 

17 enforcing the same requirements through 

18 such Secretaries in order to have a coordi19 nated enforcement strategy that avoids 

20 duplication of enforcement efforts and as21 signs priorities in enforcement. 

22 (b) AUTHORITY OF THE SECRETARY.—The 

23 Secretary of Health and Human Services has 

24 the sole authority to promulgate regulations to 

25 implement section 104. 


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1 SEC. 106. RELATIONSHIP TO TITLE II WITH RESPECT TO EN2 FORCEMENT. 

3 With respect to the relationship between 

4 title II and this title (and the amendments 

5 made by this title): 

6 (1) The genetic nondiscrimination re7 quirements and remedies of this title (and 

8 such amendments) are exclusive for—

9 (A) group health plans; 

10 (B) health or other insurance cov11 erage issued in connection with group 

12 heath plans; 

13 (C) individual health insurance 

14 coverage; and 

15 (D) and medicare supplemental 

16 policies. 

17 (2) Nothing in title II shall be con18 strued to establish a requirement or rem19 edy under such title with respect to group 

20 health plans, health or other insurance 

21 coverage issued in connection with group 

22 heath plans, individual health insurance 

23 coverage, or medicare supplemental poli24 cies, notwithstanding any provision of 

25 such title. 


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1 SEC. 107. REGULATIONS; EFFECTIVE DATE. 

2 (a) REGULATIONS.—Not later than 1 year 

3 after the date of enactment of this title, the 

4 Secretary of Labor, the Secretary of Health 

5 and Human Services, and the Secretary of the 

6 Treasury shall issue final regulations in an 

7 accessible format to carry out this title. 

8 (b) EFFECTIVE DATE.—Except as provided 

9 in section 103, the amendments made by this 

10 title shall take effect on the date that is 18 

11 months after the date of enactment of this Act. 

12 TITLE II—PROHIBITING EMPLOY13 MENT DISCRIMINATION ON 

14 THE BASIS OF GENETIC IN15 FORMATION 

16 SEC. 201. DEFINITIONS. 

17 In this title: 

18 (1) COMMISSION.—The term ‘‘Commis19 sion’’ means the Equal Employment Op20 portunity Commission as created by sec21 tion 705 of the Civil Rights Act of 1964 (42 

22 U.S.C. 2000e–4). 

23 (2) EMPLOYEE; EMPLOYER; EMPLOYMENT

24 AGENCY; LABOR ORGANIZATION; MEMBER.—

25 (A) IN GENERAL.—The term ‘‘em26 ployee’’ means—


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1 (i) an employee (including an 

2 applicant), as defined in section 

3 701(f) of the Civil Rights Act of 

4 1964 (42 U.S.C. 2000e(f)); 

5 (ii) a State employee (includ6 ing an applicant) described in sec7 tion 304(a) of the Government Em8 ployee Rights Act of 1991 (42 

9 U.S.C. 2000e–16c(a)); 

10 (iii) a covered employee (in11 cluding an applicant), as defined 

12 in section 101 of the Congressional 

13 Accountability Act of 1995 (2 

14 U.S.C. 1301); 

15 (iv) a covered employee (in16 cluding an applicant), as defined 

17 in section 411(c) of title 3, United 

18 States Code; or 

19 (v) an employee or applicant 

20 to which section 717(a) of the Civil 

21 Rights Act of 1964 (42 U.S.C. 

22 2000e–16(a)) applies. 

23 (B) EMPLOYER.—The term ‘‘em24 ployer’’ means—


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1 (i) an employer (as defined in 

2 section 701(b) of the Civil Rights 

3 Act of 1964 (42 U.S.C. 2000e(b)); 

4 (ii) an entity employing a 

5 State employee described in sec6 tion 304(a) of the Government Em7 ployee Rights Act of 1991; 

8 (iii) an employing office, as 

9 defined in section 101 of the Con10 gressional Accountability Act of 

11 1995; 

12 (iv) an employing office, as de13 fined in section 411(c) of title 3, 

14 United States Code; or 

15 (v) an entity to which section 

16 717(a) of the Civil Rights Act of 

17 1964 applies. 

18 (C) EMPLOYMENT AGENCY; LABOR

19 ORGANIZATION.—The terms ‘‘employ20 ment agency’’ and ‘‘labor organiza21 tion’’ have the meanings given the 

22 terms in section 701 of the Civil Rights 

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

24 (D) MEMBER.—The term ‘‘member’’, 

25 with respect to a labor organization, 


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1 includes an applicant for membership 

2 in a labor organization. 

3 (3) FAMILY MEMBER.—The term ‘‘family 

4 member’’ means with respect to an indi5 vidual—

6 (A) the spouse of the individual; 

7 (B) a dependent child of the indi8 vidual, including a child who is born 

9 to or placed for adoption with the in10 dividual; and 

11 (C) all other individuals related 

12 by blood to the individual or the 

13 spouse or child described in subpara14 graph (A) or (B). 

15 (4) GENETIC INFORMATION.—

16 (A) IN GENERAL.—Except as pro17 vided in subparagraph (B), the term 

18 ‘‘genetic information’’ means informa19 tion about—

20 (i) an individual’s genetic 

21 tests; 

22 (ii) the genetic tests of family 

23 members of the individual; or 


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1 (iii) the occurrence of a dis2 ease or disorder in family mem3 bers of the individual. 

4 (B) EXCEPTIONS.—The term ‘‘ge5 netic information’’ shall not include 

6 information about the sex or age of an 

7 individual. 

8 (5) GENETIC MONITORING.—The term 

9 ‘‘genetic monitoring’’ means the periodic 

10 examination of employees to evaluate ac11 quired modifications to their genetic ma12 terial, such as chromosomal damage or 

13 evidence of increased occurrence of 

14 mutations, that may have developed in the 

15 course of employment due to exposure to 

16 toxic substances in the workplace, in 

17 order to identify, evaluate, and respond to 

18 the effects of or control adverse environ19 mental exposures in the workplace. 

20 (6) GENETIC SERVICES.—The term ‘‘ge21 netic services’’ means—

22 (A) a genetic test; 

23 (B) genetic counseling (such as ob24 taining, interpreting or assessing ge25 netic information); or 


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1 (C) genetic education. 

2 (7) GENETIC TEST.—

3 (A) IN GENERAL.—The term ‘‘ge4 netic test’’ means the analysis of 

5 human DNA, RNA, chromosomes, pro6 teins, or metabolites, that detects 

7 genotypes, mutations, or chromosomal 

8 changes. 

9 (B) EXCEPTION.—The term ‘‘genetic 

10 test’’ does not mean an analysis of 

11 proteins or metabolites that does not 

12 detect genotypes, mutations, or chro13 mosomal changes. 

14 SEC. 202. EMPLOYER PRACTICES. 

15 (a) USE OF GENETIC INFORMATION.—It shall 

16 be an unlawful employment practice for an 

17 employer—

18 (1) to fail or refuse to hire or to dis19 charge any employee, or otherwise to dis20 criminate against any employee with re21 spect to the compensation, terms, condi22 tions, or privileges of employment of the 

23 employee, because of genetic information 

24 with respect to the employee (or informa25 tion about a request for or the receipt of 


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1 genetic services by such employee or fam2 ily member of such employee); or 

3 (2) to limit, segregate, or classify the 

4 employees of the employer in any way that 

5 would deprive or tend to deprive any em6 ployee of employment opportunities or oth7 erwise adversely affect the status of the 

8 employee as an employee, because of ge9 netic information with respect to the em10 ployee (or information about a request for 

11 or the receipt of genetic services by such 

12 employee or family member of such em13 ployee). 

14 (b) ACQUISITION OF GENETIC INFORMA15 TION.—It shall be an unlawful employment 

16 practice for an employer to request, require, or 

17 purchase genetic information with respect to 

18 an employee or a family member of the em19 ployee (or information about a request for the 

20 receipt of genetic services by such employee or 

21 a family member of such employee) except—

22 (1) where an employer inadvertently 

23 requests or requires family medical his24 tory of the employee or family member of 

25 the employee; 


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1 (2) where—

2 (A) health or genetic services are 

3 offered by the employer, including 

4 such services offered as part of a bona 

5 fide wellness program; 

6 (B) the employee provides prior, 

7 knowing, voluntary, and written au8 thorization; 

9 (C) only the employee (or family 

10 member if the family member is re11 ceiving genetic services) and the li12 censed health care professional or 

13 board certified genetic counselor in14 volved in providing such services re15 ceive individually identifiable infor16 mation concerning the results of such 

17 services; and 

18 (D) any individually identifiable 

19 genetic information provided under 

20 subparagraph (C) in connection with 

21 the services provided under subpara22 graph (A) is only available for pur23 poses of such services and shall not be 

24 disclosed to the employer except in agVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 gregate terms that do not disclose the 

2 identity of specific employees; 

3 (3) where an employer requests or re4 quires family medical history from the 

5 employee to comply with the certification 

6 provisions of section 103 of the Family 

7 and Medical Leave Act of 1993 (29 U.S.C. 

8 2613) or such requirements under State 

9 family and medical leave laws; 

10 (4) where an employer purchases doc11 uments that are commercially and pub12 licly available (including newspapers, 

13 magazines, periodicals, and books, but 

14 not including medical databases or court 

15 records) that include family medical his16 tory; or 

17 (5) where the information involved is 

18 to be used for genetic monitoring of the bi19 ological effects of toxic substances in the 

20 workplace, but only if—

21 (A) the employer provides written 

22 notice of the genetic monitoring to the 

23 employee; 


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1 (B)(i) the employee provides prior, 

2 knowing, voluntary, and written au3 thorization; or 

4 (ii) the genetic monitoring is re5 quired by Federal or State law; 

6 (C) the employee is informed of in7 dividual monitoring results; 

8 (D) the monitoring is in compli9 ance with—

10 (i) any Federal genetic moni11 toring regulations, including any 

12 such regulations that may be pro13 mulgated by the Secretary of 

14 Labor pursuant to the Occupa15 tional Safety and Health Act of 

16 1970 (29 U.S.C. 651 et seq.), the 

17 Federal Mine Safety and Health 

18 Act of 1977 (30 U.S.C. 801 et seq.), 

19 or the Atomic Energy Act of 1954 

20 (42 U.S.C. 2011 et seq.); or 

21 (ii) State genetic monitoring 

22 regulations, in the case of a State 

23 that is implementing genetic mon24 itoring regulations under the au25 thority of the Occupational Safety 


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1 and Health Act of 1970 (29 U.S.C. 

2 651 et seq.); and 

3 (E) the employer, excluding any li4 censed health care professional or 

5 board certified genetic counselor that 

6 is involved in the genetic monitoring 

7 program, receives the results of the 

8 monitoring only in aggregate terms 

9 that do not disclose the identity of spe10 cific employees. 

11 (c) PRESERVATION OF PROTECTIONS.—In the 

12 case of information to which any of para13 graphs (1) through (5) of subsection (b) ap14 plies, such information may not be used in vio15 lation of paragraph (1) or (2) of subsection (a) 

16 or treated or disclosed in a manner that vio17 lates section 206. 

18 SEC. 203. EMPLOYMENT AGENCY PRACTICES. 

19 (a) USE OF GENETIC INFORMATION.—It shall 

20 be an unlawful employment practice for an 

21 employment agency—

22 (1) to fail or refuse to refer for employ23 ment, or otherwise to discriminate 

24 against, any individual because of genetic 

25 information with respect to the individual 


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1 (or information about a request for or the 

2 receipt of genetic services by such indi3 vidual or family member of such indi4 vidual); 

5 (2) to limit, segregate, or classify indi6 viduals or fail or refuse to refer for em7 ployment any individual in any way that 

8 would deprive or tend to deprive any indi9 vidual of employment opportunities, or 

10 otherwise adversely affect the status of the 

11 individual as an employee, because of ge12 netic information with respect to the indi13 vidual (or information about a request for 

14 or the receipt of genetic services by such 

15 individual or family member of such indi16 vidual); or 

17 (3) to cause or attempt to cause an 

18 employer to discriminate against an indi19 vidual in violation of this title. 

20 (b) ACQUISITION OF GENETIC INFORMA21 TION.—It shall be an unlawful employment 

22 practice for an employment agency to request, 

23 require, or purchase genetic information with 

24 respect to an individual or a family member 

25 of the individual (or information about a reVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00272 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 quest for the receipt of genetic services by such 

2 individual or a family member of such indi3 vidual) except—

4 (1) where an employment agency inad5 vertently requests or requires family med6 ical history of the individual or family 

7 member of the individual; 

8 (2) where—

9 (A) health or genetic services are 

10 offered by the employment agency, in11 cluding such services offered as part 

12 of a bona fide wellness program; 

13 (B) the individual provides prior, 

14 knowing, voluntary, and written au15 thorization; 

16 (C) only the individual (or family 

17 member if the family member is re18 ceiving genetic services) and the li19 censed health care professional or 

20 board certified genetic counselor in21 volved in providing such services re22 ceive individually identifiable infor23 mation concerning the results of such 

24 services; and 


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1 (D) any individually identifiable 

2 genetic information provided under 

3 subparagraph (C) in connection with 

4 the services provided under subpara5 graph (A) is only available for pur6 poses of such services and shall not be 

7 disclosed to the employment agency 

8 except in aggregate terms that do not 

9 disclose the identity of specific indi10 viduals; 

11 (3) where an employment agency re12 quests or requires family medical history 

13 from the individual to comply with the 

14 certification provisions of section 103 of 

15 the Family and Medical Leave Act of 1993 

16 (29 U.S.C. 2613) or such requirements 

17 under State family and medical leave 

18 laws; 

19 (4) where an employment agency pur20 chases documents that are commercially 

21 and publicly available (including news22 papers, magazines, periodicals, and 

23 books, but not including medical data24 bases or court records) that include fam25 ily medical history; or 


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1 (5) where the information involved is 

2 to be used for genetic monitoring of the bi3 ological effects of toxic substances in the 

4 workplace, but only if—

5 (A) the employment agency pro6 vides written notice of the genetic 

7 monitoring to the individual; 

8 (B)(i) the individual provides 

9 prior, knowing, voluntary, and writ10 ten authorization; or 

11 (ii) the genetic monitoring is re12 quired by Federal or State law; 

13 (C) the individual is informed of 

14 individual monitoring results; 

15 (D) the monitoring is in compli16 ance with—

17 (i) any Federal genetic moni18 toring regulations, including any 

19 such regulations that may be pro20 mulgated by the Secretary of 

21 Labor pursuant to the Occupa22 tional Safety and Health Act of 

23 1970 (29 U.S.C. 651 et seq.), the 

24 Federal Mine Safety and Health 

25 Act of 1977 (30 U.S.C. 801 et seq.), 


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1 or the Atomic Energy Act of 1954 

2 (42 U.S.C. 2011 et seq.); or 

3 (ii) State genetic monitoring 

4 regulations, in the case of a State 

5 that is implementing genetic mon6 itoring regulations under the au7 thority of the Occupational Safety 

8 and Health Act of 1970 (29 U.S.C. 

9 651 et seq.); and 

10 (E) the employment agency, ex11 cluding any licensed health care pro12 fessional or board certified genetic 

13 counselor that is involved in the ge14 netic monitoring program, receives 

15 the results of the monitoring only in 

16 aggregate terms that do not disclose 

17 the identity of specific individuals. 

18 (c) PRESERVATION OF PROTECTIONS.—In the 

19 case of information to which any of para20 graphs (1) through (5) of subsection (b) ap21 plies, such information may not be used in vio22 lation of paragraph (1) or (2) of subsection (a) 

23 or treated or disclosed in a manner that vio24 lates section 206. 


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1 SEC. 204. LABOR ORGANIZATION PRACTICES. 

2 (a) USE OF GENETIC INFORMATION.—It shall 

3 be an unlawful employment practice for a 

4 labor organization—

5 (1) to exclude or to expel from the 

6 membership of the organization, or other7 wise to discriminate against, any member 

8 because of genetic information with re9 spect to the member (or information about 

10 a request for or the receipt of genetic serv11 ices by such member or family member of 

12 such member); 

13 (2) to limit, segregate, or classify the 

14 members of the organization, or fail or 

15 refuse to refer for employment any mem16 ber, in any way that would deprive or 

17 tend to deprive any member of employ18 ment opportunities, or otherwise adversely 

19 affect the status of the member as an em20 ployee, because of genetic information 

21 with respect to the member (or informa22 tion about a request for or the receipt of 

23 genetic services by such member or family 

24 member of such member); or 


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1 (3) to cause or attempt to cause an 

2 employer to discriminate against a mem3 ber in violation of this title. 

4 (b) ACQUISITION OF GENETIC INFORMA5 TION.—It shall be an unlawful employment 

6 practice for a labor organization to request, 

7 require, or purchase genetic information with 

8 respect to a member or a family member of the 

9 member (or information about a request for 

10 the receipt of genetic services by such member 

11 or a family member of such member) except—

12 (1) where a labor organization inad13 vertently requests or requires family med14 ical history of the member or family mem15 ber of the member; 

16 (2) where—

17 (A) health or genetic services are 

18 offered by the labor organization, in19 cluding such services offered as part 

20 of a bona fide wellness program; 

21 (B) the member provides prior, 

22 knowing, voluntary, and written au23 thorization; 

24 (C) only the member (or family 

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1 ceiving genetic services) and the li2 censed health care professional or 

3 board certified genetic counselor in4 volved in providing such services re5 ceive individually identifiable infor6 mation concerning the results of such 

7 services; and 

8 (D) any individually identifiable 

9 genetic information provided under 

10 subparagraph (C) in connection with 

11 the services provided under subpara12 graph (A) is only available for pur13 poses of such services and shall not be 

14 disclosed to the labor organization ex15 cept in aggregate terms that do not 

16 disclose the identity of specific mem17 bers; 

18 (3) where a labor organization re19 quests or requires family medical history 

20 from the members to comply with the cer21 tification provisions of section 103 of the 

22 Family and Medical Leave Act of 1993 (29 

23 U.S.C. 2613) or such requirements under 

24 State family and medical leave laws; 


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1 (4) where a labor organization pur2 chases documents that are commercially 

3 and publicly available (including news4 papers, magazines, periodicals, and 

5 books, but not including medical data6 bases or court records) that include fam7 ily medical history; or 

8 (5) where the information involved is 

9 to be used for genetic monitoring of the bi10 ological effects of toxic substances in the 

11 workplace, but only if—

12 (A) the labor organization pro13 vides written notice of the genetic 

14 monitoring to the member; 

15 (B)(i) the member provides prior, 

16 knowing, voluntary, and written au17 thorization; or 

18 (ii) the genetic monitoring is re19 quired by Federal or State law; 

20 (C) the member is informed of in21 dividual monitoring results; 

22 (D) the monitoring is in compli23 ance with—

24 (i) any Federal genetic moni25 toring regulations, including any 


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1 such regulations that may be pro2 mulgated by the Secretary of 

3 Labor pursuant to the Occupa4 tional Safety and Health Act of 

5 1970 (29 U.S.C. 651 et seq.), the 

6 Federal Mine Safety and Health 

7 Act of 1977 (30 U.S.C. 801 et seq.), 

8 or the Atomic Energy Act of 1954 

9 (42 U.S.C. 2011 et seq.); or 

10 (ii) State genetic monitoring 

11 regulations, in the case of a State 

12 that is implementing genetic mon13 itoring regulations under the au14 thority of the Occupational Safety 

15 and Health Act of 1970 (29 U.S.C. 

16 651 et seq.); and 

17 (E) the labor organization, exclud18 ing any licensed health care profes19 sional or board certified genetic coun20 selor that is involved in the genetic 

21 monitoring program, receives the re22 sults of the monitoring only in aggre23 gate terms that do not disclose the 

24 identity of specific members. 


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1 (c) PRESERVATION OF PROTECTIONS.—In the 

2 case of information to which any of para3 graphs (1) through (5) of subsection (b) ap4 plies, such information may not be used in vio5 lation of paragraph (1) or (2) of subsection (a) 

6 or treated or disclosed in a manner that vio7 lates section 206. 

8 SEC. 205. TRAINING PROGRAMS. 

9 (a) USE OF GENETIC INFORMATION.—It shall 

10 be an unlawful employment practice for any 

11 employer, labor organization, or joint labor12 management committee controlling appren13 ticeship or other training or retraining, in14 cluding on-the-job training programs—

15 (1) to discriminate against any indi16 vidual because of genetic information 

17 with respect to the individual (or informa18 tion about a request for or the receipt of 

19 genetic services by such individual or a 

20 family member of such individual) in ad21 mission to, or employment in, any pro22 gram established to provide apprentice23 ship or other training or retraining; 

24 (2) to limit, segregate, or classify the 

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1 prenticeship or other training or retrain2 ing, or fail or refuse to refer for employ3 ment any individual, in any way that 

4 would deprive or tend to deprive any indi5 vidual of employment opportunities, or 

6 otherwise adversely affect the status of the 

7 individual as an employee, because of ge8 netic information with respect to the indi9 vidual (or information about a request for 

10 or receipt of genetic services by such indi11 vidual or family member of such indi12 vidual); or 

13 (3) to cause or attempt to cause an 

14 employer to discriminate against an ap15 plicant for or a participant in such ap16 prenticeship or other training or retrain17 ing in violation of this title. 

18 (b) ACQUISITION OF GENETIC INFORMA19 TION.—It shall be an unlawful employment 

20 practice for an employer, labor organization, 

21 or joint labor-management committee de22 scribed in subsection (a) to request, require, or 

23 purchase genetic information with respect to 

24 an individual or a family member of the indi25 vidual (or information about a request for the 


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1 receipt of genetic services by such individual 

2 or a family member of such individual) ex3 cept—

4 (1) where the employer, labor organi5 zation, or joint labor-management com6 mittee inadvertently requests or requires 

7 family medical history of the individual 

8 or family member of the individual; 

9 (2) where—

10 (A) health or genetic services are 

11 offered by the employer, labor organi12 zation, or joint labor-management 

13 committee, including such services of14 fered as part of a bona fide wellness 

15 program; 

16 (B) the individual provides prior, 

17 knowing, voluntary, and written au18 thorization; 

19 (C) only the individual (or family 

20 member if the family member is re21 ceiving genetic services) and the li22 censed health care professional or 

23 board certified genetic counselor in24 volved in providing such services re25 ceive individually identifiable inforVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00284 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 mation concerning the results of such 

2 services; 

3 (D) any individually identifiable 

4 genetic information provided under 

5 subparagraph (C) in connection with 

6 the services provided under subpara7 graph (A) is only available for pur8 poses of such services and shall not be 

9 disclosed to the employer, labor orga10 nization, or joint labor-management 

11 committee except in aggregate terms 

12 that do not disclose the identity of spe13 cific individuals; 

14 (3) where the employer, labor organi15 zation, or joint labor-management com16 mittee requests or requires family medical 

17 history from the individual to comply with 

18 the certification provisions of section 103 

19 of the Family and Medical Leave Act of 

20 1993 (29 U.S.C. 2613) or such requirements 

21 under State family and medical leave 

22 laws; 

23 (4) where the employer, labor organi24 zation, or joint labor-management com25 mittee purchases documents that are comVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00285 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 mercially and publicly available (includ2 ing newspapers, magazines, periodicals, 

3 and books, but not including medical 

4 databases or court records) that include 

5 family medical history; or 

6 (5) where the information involved is 

7 to be used for genetic monitoring of the bi8 ological effects of toxic substances in the 

9 workplace, but only if—

10 (A) the employer, labor organiza11 tion, or joint labor-management com12 mittee provides written notice of the 

13 genetic monitoring to the individual; 

14 (B)(i) the individual provides 

15 prior, knowing, voluntary, and writ16 ten authorization; or 

17 (ii) the genetic monitoring is re18 quired by Federal or State law; 

19 (C) the individual is informed of 

20 individual monitoring results; 

21 (D) the monitoring is in compli22 ance with—

23 (i) any Federal genetic moni24 toring regulations, including any 

25 such regulations that may be proVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 mulgated by the Secretary of 

2 Labor pursuant to the Occupa3 tional Safety and Health Act of 

4 1970 (29 U.S.C. 651 et seq.), the 

5 Federal Mine Safety and Health 

6 Act of 1977 (30 U.S.C. 801 et seq.), 

7 or the Atomic Energy Act of 1954 

8 (42 U.S.C. 2011 et seq.); or 

9 (ii) State genetic monitoring 

10 regulations, in the case of a State 

11 that is implementing genetic mon12 itoring regulations under the au13 thority of the Occupational Safety 

14 and Health Act of 1970 (29 U.S.C. 

15 651 et seq.); and 

16 (E) the employer, labor organiza17 tion, or joint labor-management com18 mittee, excluding any licensed health 

19 care professional or board certified 

20 genetic counselor that is involved in 

21 the genetic monitoring program, re22 ceives the results of the monitoring 

23 only in aggregate terms that do not 

24 disclose the identity of specific indi25 viduals. 


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1 (c) PRESERVATION OF PROTECTIONS.—In the 

2 case of information to which any of para3 graphs (1) through (5) of subsection (b) ap4 plies, such information may not be used in vio5 lation of paragraph (1) or (2) of subsection (a) 

6 or treated or disclosed in a manner that vio7 lates section 206. 

8 SEC. 206. CONFIDENTIALITY OF GENETIC INFORMATION. 

9 (a) TREATMENT OF INFORMATION AS PART OF

10 CONFIDENTIAL MEDICAL RECORD.—If an em11 ployer, employment agency, labor organiza12 tion, or joint labor-management committee 

13 possesses genetic information about an em14 ployee or member (or information about a re15 quest for or receipt of genetic services by such 

16 employee or member or family member of such 

17 employee or member), such information shall 

18 be maintained on separate forms and in sepa19 rate medical files and be treated as a con20 fidential medical record of the employee or 

21 member. 

22 (b) LIMITATION ON DISCLOSURE.—An em23 ployer, employment agency, labor organiza24 tion, or joint labor-management committee 

25 shall not disclose genetic information conVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 cerning an employee or member (or informa2 tion about a request for or receipt of genetic 

3 services by such employee or member or family 

4 member of such employee or member) except—

5 (1) to the employee (or family member 

6 if the family member is receiving the ge7 netic services) or member of a labor orga8 nization at the request of the employee or 

9 member of such organization; 

10 (2) to an occupational or other health 

11 researcher if the research is conducted in 

12 compliance with the regulations and pro13 tections provided for under part 46 of title 

14 45, Code of Federal Regulations; 

15 (3) in response to an order of a court, 

16 except that—

17 (A) the employer, employment 

18 agency, labor organization, or joint 

19 labor-management committee may dis20 close only the genetic information ex21 pressly authorized by such order; and 

22 (B) if the court order was secured 

23 without the knowledge of the employee 

24 or member to whom the information 

25 refers, the employer, employment 


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1 agency, labor organization, or joint 

2 labor-management committee shall 

3 provide the employee or member with 

4 adequate notice to challenge the court 

5 order; 

6 (4) to government officials who are in7 vestigating compliance with this title if 

8 the information is relevant to the inves9 tigation; or 

10 (5) to the extent that such disclosure 

11 is made in connection with the employee’s 

12 compliance with the certification provi13 sions of section 103 of the Family and 

14 Medical Leave Act of 1993 (29 U.S.C. 2613) 

15 or such requirements under State family 

16 and medical leave laws. 

17 (c) RELATIONSHIP TO HIPAA REGULATION.—

18 (1) IN GENERAL.—In the case of an en19 tity that is subject to the regulations pro20 mulgated by the Secretary of Health and 

21 Human Services under part C of title XI of 

22 the Social Security Act (42 U.S.C. 1320d et 

23 seq.) and section 264 of the Health Insur24 ance Portability and Accountability Act of 

25 1996 (42 U.S.C. 1320d–2 note), the entity is 


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1 not subject to the provisions of this title 

2 that regulate the use and disclosure of in3 formation to which such regulation ap4 plies. 

5 (2) RULE OF CONSTRUCTION.—Nothing 

6 in paragraph (1) shall affect the applica7 tion of protections under this title against 

8 discrimination in hiring, firing, pro9 motion, or job placement and other un10 lawful employment practices that do not 

11 relate to the matters to which the regula12 tions referred to in paragraph (1) apply. 

13 SEC. 207. REMEDIES AND ENFORCEMENT. 

14 (a) EMPLOYEES COVERED BY TITLE VII OF

15 THE CIVIL RIGHTS ACT OF 1964.—

16 (1) IN GENERAL.—The powers, rem17 edies, and procedures provided in sections 

18 705, 706, 707, 709, 710, and 711 of the Civil 

19 Rights Act of 1964 (42 U.S.C. 2000e–4 et 

20 seq.) to the Commission, the Attorney Gen21 eral, or any person, alleging a violation of 

22 title VII of that Act (42 U.S.C. 2000e et 

23 seq.) shall be the powers, remedies, and 

24 procedures this title provides to the Com25 mission, the Attorney General, or any perVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 son, respectively, alleging an unlawful 

2 employment practice in violation of this 

3 title against an employee described in sec4 tion 201(2)(A)(i), except as provided in 

5 paragraphs (2) and (3). 

6 (2) COSTS AND FEES.—The powers, rem7 edies, and procedures provided in sub8 sections (b) and (c) of section 722 of the 

9 Revised Statutes (42 U.S.C. 1988), shall be 

10 powers, remedies, and procedures this 

11 title provides to the Commission, the At12 torney General, or any person, alleging 

13 such a practice. 

14 (3) DAMAGES.—The powers, remedies, 

15 and procedures provided in section 1977A 

16 of the Revised Statutes (42 U.S.C. 1981a), 

17 including the limitations contained in 

18 subsection (b)(3) of such section 1977A, 

19 shall be powers, remedies, and procedures 

20 this title provides to the Commission, the 

21 Attorney General, or any person, alleging 

22 such a practice (not an employment prac23 tice specifically excluded from coverage 

24 under section 1977A(a)(1) of the Revised 

25 Statutes). 


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1 (b) EMPLOYEES COVERED BY GOVERNMENT

2 EMPLOYEE RIGHTS ACT OF 1991.—

3 (1) IN GENERAL.—The powers, rem4 edies, and procedures provided in sections 

5 302 and 304 of the Government Employee 

6 Rights Act of 1991 (42 U.S.C. 2000e–16b, 

7 2000e–16c) to the Commission, or any per8 son, alleging a violation of section 

9 302(a)(1) of that Act (42 U.S.C. 2000e–

10 16b(a)(1)) shall be the powers, remedies, 

11 and procedures this title provides to the 

12 Commission, or any person, respectively, 

13 alleging an unlawful employment prac14 tice in violation of this title against an 

15 employee described in section 

16 201(2)(A)(ii), except as provided in para17 graphs (2) and (3). 

18 (2) COSTS AND FEES.—The powers, rem19 edies, and procedures provided in sub20 sections (b) and (c) of section 722 of the 

21 Revised Statutes (42 U.S.C. 1988), shall be 

22 powers, remedies, and procedures this 

23 title provides to the Commission, or any 

24 person, alleging such a practice. 


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1 (3) DAMAGES.—The powers, remedies, 

2 and procedures provided in section 1977A 

3 of the Revised Statutes (42 U.S.C. 1981a), 

4 including the limitations contained in 

5 subsection (b)(3) of such section 1977A, 

6 shall be powers, remedies, and procedures 

7 this title provides to the Commission, or 

8 any person, alleging such a practice (not 

9 an employment practice specifically ex10 cluded from coverage under section 

11 1977A(a)(1) of the Revised Statutes). 

12 (c) EMPLOYEES COVERED BY CONGRESSIONAL

13 ACCOUNTABILITY ACT OF 1995.—

14 (1) IN GENERAL.—The powers, rem15 edies, and procedures provided in the 

16 Congressional Accountability Act of 1995 

17 (2 U.S.C. 1301 et seq.) to the Board (as de18 fined in section 101 of that Act (2 U.S.C. 

19 1301)), or any person, alleging a violation 

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

21 1311(a)(1)) shall be the powers, remedies, 

22 and procedures this title provides to that 

23 Board, or any person, alleging an unlaw24 ful employment practice in violation of 

25 this title against an employee described in 


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1 section 201(2)(A)(iii), except as provided 

2 in paragraphs (2) and (3). 

3 (2) COSTS AND FEES.—The powers, rem4 edies, and procedures provided in sub5 sections (b) and (c) of section 722 of the 

6 Revised Statutes (42 U.S.C. 1988), shall be 

7 powers, remedies, and procedures this 

8 title provides to that Board, or any per9 son, alleging such a practice. 

10 (3) DAMAGES.—The powers, remedies, 

11 and procedures provided in section 1977A 

12 of the Revised Statutes (42 U.S.C. 1981a), 

13 including the limitations contained in 

14 subsection (b)(3) of such section 1977A, 

15 shall be powers, remedies, and procedures 

16 this title provides to that Board, or any 

17 person, alleging such a practice (not an 

18 employment practice specifically excluded 

19 from coverage under section 1977A(a)(1) 

20 of the Revised Statutes). 

21 (4) OTHER APPLICABLE PROVISIONS.—

22 With respect to a claim alleging a prac23 tice described in paragraph (1), title III of 

24 the Congressional Accountability Act of 

25 1995 (2 U.S.C. 1381 et seq.) shall apply in 


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1 the same manner as such title applies 

2 with respect to a claim alleging a viola3 tion of section 201(a)(1) of such Act (2 

4 U.S.C. 1311(a)(1)). 

5 (d) EMPLOYEES COVERED BY CHAPTER 5 OF

6 TITLE 3, UNITED STATES CODE.—

7 (1) IN GENERAL.—The powers, rem8 edies, and procedures provided in chapter 

9 5 of title 3, United States Code, to the 

10 President, the Commission, the Merit Sys11 tems Protection Board, or any person, al12 leging a violation of section 411(a)(1) of 

13 that title, shall be the powers, remedies, 

14 and procedures this title provides to the 

15 President, the Commission, such Board, or 

16 any person, respectively, alleging an un17 lawful employment practice in violation 

18 of this title against an employee described 

19 in section 201(2)(A)(iv), except as provided 

20 in paragraphs (2) and (3). 

21 (2) COSTS AND FEES.—The powers, rem22 edies, and procedures provided in sub23 sections (b) and (c) of section 722 of the 

24 Revised Statutes (42 U.S.C. 1988), shall be 

25 powers, remedies, and procedures this 


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1 title provides to the President, the Com2 mission, such Board, or any person, alleg3 ing such a practice. 

4 (3) DAMAGES.—The powers, remedies, 

5 and procedures provided in section 1977A 

6 of the Revised Statutes (42 U.S.C. 1981a), 

7 including the limitations contained in 

8 subsection (b)(3) of such section 1977A, 

9 shall be powers, remedies, and procedures 

10 this title provides to the President, the 

11 Commission, such Board, or any person, 

12 alleging such a practice (not an employ13 ment practice specifically excluded from 

14 coverage under section 1977A(a)(1) of the 

15 Revised Statutes). 

16 (e) EMPLOYEES COVERED BY SECTION 717 OF

17 THE CIVIL RIGHTS ACT OF 1964.—

18 (1) IN GENERAL.—The powers, rem19 edies, and procedures provided in section 

20 717 of the Civil Rights Act of 1964 (42 

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

22 Attorney General, the Librarian of Con23 gress, or any person, alleging a violation 

24 of that section shall be the powers, rem25 edies, and procedures this title provides to 


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1 the Commission, the Attorney General, the 

2 Librarian of Congress, or any person, re3 spectively, alleging an unlawful employ4 ment practice in violation of this title 

5 against an employee or applicant de6 scribed in section 201(2)(A)(v), except as 

7 provided in paragraphs (2) and (3). 

8 (2) COSTS AND FEES.—The powers, rem9 edies, and procedures provided in sub10 sections (b) and (c) of section 722 of the 

11 Revised Statutes (42 U.S.C. 1988), shall be 

12 powers, remedies, and procedures this 

13 title provides to the Commission, the At14 torney General, the Librarian of Congress, 

15 or any person, alleging such a practice. 

16 (3) DAMAGES.—The powers, remedies, 

17 and procedures provided in section 1977A 

18 of the Revised Statutes (42 U.S.C. 1981a), 

19 including the limitations contained in 

20 subsection (b)(3) of such section 1977A, 

21 shall be powers, remedies, and procedures 

22 this title provides to the Commission, the 

23 Attorney General, the Librarian of Con24 gress, or any person, alleging such a prac25 tice (not an employment practice specifiVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 cally excluded from coverage under sec2 tion 1977A(a)(1) of the Revised Statutes). 

3 (f) DEFINITION.—In this section, the term 

4 ‘‘Commission’’ means the Equal Employment 

5 Opportunity Commission. 

6 SEC. 208. DISPARATE IMPACT. 

7 (a) GENERAL RULE.—Notwithstanding any 

8 other provision of this Act, ‘‘disparate impact’’, 

9 as that term is used in section 703(k) of the 

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

11 on the basis of genetic information does not es12 tablish a cause of action under this Act. 

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

14 years after the date of enactment of this Act, 

15 there shall be established a commission, to be 

16 known as the Genetic Nondiscrimination 

17 Study Commission (referred to in this section 

18 as the ‘‘Commission’’) to review the developing 

19 science of genetics and to make recommenda20 tions to Congress regarding whether to provide 

21 a disparate impact cause of action under this 

22 Act. 

23 (c) MEMBERSHIP.—


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1 (1) IN GENERAL.—The Commission 

2 shall be composed of 8 members, of 

3 which—

4 (A) 1 member shall be appointed 

5 by the Majority Leader of the Senate; 

6 (B) 1 member shall be appointed 

7 by the Minority Leader of the Senate; 

8 (C) 1 member shall be appointed 

9 by the Chairman of the Committee on 

10 Health, Education, Labor, and Pen11 sions of the Senate; 

12 (D) 1 member shall be appointed 

13 by the ranking minority member of the 

14 Committee on Health, Education, 

15 Labor, and Pensions of the Senate; 

16 (E) 1 member shall be appointed 

17 by the Speaker of the House of Rep18 resentatives; 

19 (F) 1 member shall be appointed 

20 by the Minority Leader of the House of 

21 Representatives; 

22 (G) 1 member shall be appointed 

23 by the Chairman of the Committee on 

24 Education and the Workforce of the 

25 House of Representatives; and 


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1 (H) 1 member shall be appointed 

2 by the ranking minority member of the 

3 Committee on Education and the 

4 Workforce of the House of Representa5 tives. 

6 (2) COMPENSATION AND EXPENSES.—The 

7 members of the Commission shall not re8 ceive compensation for the performance of 

9 services for the Commission, but shall be 

10 allowed travel expenses, including per 

11 diem in lieu of subsistence, at rates au12 thorized for employees of agencies under 

13 subchapter I of chapter 57 of title 5, 

14 United States Code, while away from their 

15 homes or regular places of business in the 

16 performance of services for the Commis17 sion. 

18 (d) ADMINISTRATIVE PROVISIONS.—

19 (1) LOCATION.—The Commission shall 

20 be located in a facility maintained by the 

21 Equal Employment Opportunity Commis22 sion. 

23 (2) DETAIL OF GOVERNMENT EMPLOY24 EES.—Any Federal Government employee 

25 may be detailed to the Commission withVerDate Aug 31 2005 04:41 Mar 30, 2007 Jkt 059200 PO 00000 Frm 00301 Fmt 6652 Sfmt 6204 E:\BILLS\H493.RH H493

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1 out reimbursement, and such detail shall 

2 be without interruption or loss of civil 

3 service status or privilege. 

4 (3) INFORMATION FROM FEDERAL AGEN5 CIES.—The Commission may secure di6 rectly from any Federal department or 

7 agency such information as the Commis8 sion considers necessary to carry out the 

9 provisions of this section. Upon request of 

10 the Commission, the head of such depart11 ment or agency shall furnish such infor12 mation to the Commission. 

13 (4) HEARINGS.—The Commission may 

14 hold such hearings, sit and act at such 

15 times and places, take such testimony, 

16 and receive such evidence as the Commis17 sion considers advisable to carry out the 

18 objectives of this section, except that, to 

19 the extent possible, the Commission shall 

20 use existing data and research. 

21 (5) POSTAL SERVICES.—The Commission 

22 may use the United States mails in the 

23 same manner and under the same condi24 tions as other departments and agencies 

25 of the Federal Government. 


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

2 of the members are appointed to the Commis3 sion under subsection (c)(1), the Commission 

4 shall submit to Congress a report that summa5 rizes the findings of the Commission and 

6 makes such recommendations for legislation 

7 as are consistent with this Act. 

8 (f) AUTHORIZATION OF APPROPRIATIONS.—

9 There are authorized to be appropriated to the 

10 Equal Employment Opportunity Commission 

11 such sums as may be necessary to carry out 

12 this section. 

13 SEC. 209. CONSTRUCTION. 

14 Nothing in this title shall be construed 

15 to—

16 (1) limit the rights or protections of 

17 an individual under the Americans with 

18 Disabilities Act of 1990 (42 U.S.C. 12101 et 

19 seq.), including coverage afforded to indi20 viduals under section 102 of such Act (42 

21 U.S.C. 12112), or under the Rehabilitation 

22 Act of 1973 (29 U.S.C. 701 et seq.); 

23 (2)(A) limit the rights or protections of 

24 an individual to bring an action under 

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1 ment agency, labor organization, or joint 

2 labor-management committee for a viola3 tion of this title; or 

4 (B) establish a violation under this 

5 title for an employer, employment agency, 

6 labor organization, or joint labor-man7 agement committee of a provision of the 

8 amendments made by title I; 

9 (3) limit the rights or protections of 

10 an individual under any other Federal or 

11 State statute that provides equal or great12 er protection to an individual than the 

13 rights or protections provided for under 

14 this title; 

15 (4) apply to the Armed Forces Reposi16 tory of Specimen Samples for the Identi17 fication of Remains; 

18 (5) limit or expand the protections, 

19 rights, or obligations of employees or em20 ployers under applicable workers’ com21 pensation laws; 

22 (6) limit the authority of a Federal de23 partment or agency to conduct or sponsor 

24 occupational or other health research 

25 that is conducted in compliance with the 


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1 regulations contained in part 46 of title 

2 45, Code of Federal Regulations (or any 

3 corresponding or similar regulation or 

4 rule); and 

5 (7) limit the statutory or regulatory 

6 authority of the Occupational Safety and 

7 Health Administration or the Mine Safety 

8 and Health Administration to promulgate 

9 or enforce workplace safety and health 

10 laws and regulations. 

11 SEC. 210. MEDICAL INFORMATION THAT IS NOT GENETIC 

12 INFORMATION. 

13 An employer, employment agency, labor or14 ganization, or joint labor-management com15 mittee shall not be considered to be in viola16 tion of this title based on the use, acquisition, 

17 or disclosure of medical information that is 

18 not genetic information about a manifested 

19 disease, disorder, or pathological condition of 

20 an employee or member, including a mani21 fested disease, disorder, or pathological condi22 tion that has or may have a genetic basis. 

23 SEC. 211. REGULATIONS. 

24 Not later than 1 year after the date of en25 actment of this title, the Commission shall 


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1 issue final regulations in an accessible format 

2 to carry out this title. 

3 SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated 

5 such sums as may be necessary to carry out 

6 this title (except for section 208). 

7 SEC. 213. EFFECTIVE DATE. 

8 This title takes effect on the date that is 18 

9 months after the date of enactment of this Act. 

10 TITLE III—MISCELLANEOUS 

11 PROVISION 

12 SEC. 301. SEVERABILITY. 

13 If any provision of this Act, an amendment 

14 made by this Act, or the application of such 

15 provision or amendment to any person or cir16 cumstance is held to be unconstitutional, the 

17 remainder of this Act, the amendments made 

18 by this Act, and the application of such provi19 sions to any person or circumstance shall not 

20 be affected thereby. 


hmoore on PROD1PC68 with HMBILLS

hmoore on PROD1PC68 with HMBILLS
Union Calendar No. 46 

110TH CONGRESS 

1ST SESSION H. R. 493 

[Report No. 110

–28, Parts I, II, and III] 

A BILL 

To prohibit discrimination on the basis of genetic 

employment. information with respect to health insurance and 

MARCH 29, 2007 

Reported from the Committee on Energy and Commerce 

dered to be printed the Whole House on the State of the Union and orwith an amendment; committed to the Committee of 


hmoore on PROD1PC68 with HMBILLS