(b) ACQUISITION
OF GENETIC INFORMATION.—It 
shall be an unlawful employment practice for an employer, 
labor organization, or joint labor-management committee 
described in subsection (a) to request, require, or purchase 
genetic information with respect to an individual or a fam-
ily member of the individual (or information about a re-
quest for the receipt of genetic services by such individual 
or a family member of such individual) except— 
(1) where the employer, labor organization, or 
joint labor-management committee inadvertently re-
quests or requires family medical history of the indi-
vidual or family member of the individual; 
(2) where— 
(A) health or genetic services are offered 
by the employer, labor organization, or joint 
labor-management committee, including such 
services offered as part of a bona fide wellness 
program; 
(B) the individual provides prior, knowing, 
voluntary, and written authorization; 
(C) only the individual (or family member 
if the family member is receiving genetic serv-
ices) and the licensed health care professional 
or board certified genetic counselor involved in 
providing such services receive individually iden-
tifiable information concerning the results of 
such services; 
(D) any individually identifiable genetic in-
formation provided under subparagraph (C) in 
connection with the services provided under 
subparagraph (A) is only available for purposes 
of such services and shall not be disclosed to 
the employer, labor organization, or joint labor- 
management committee except in aggregate 
terms that do not disclose the identity of spe-
cific individuals; 
(3) where the employer, labor organization, or 
joint labor-management committee requests or re-
quires family medical history from the individual to 
comply with the certification provisions of section 
103 of the Family and Medical Leave Act of 1993 
(29 U.S.C. 2613) or such requirements under State 
family and medical leave laws; 
(4) where the employer, labor organization, or 
joint labor-management committee purchases docu-
ments that are commercially and publicly available 
(including newspapers, magazines, periodicals, and 
books, but not including medical databases or court 
records) that include family medical history; or
(5) where the information involved is to be used 
for genetic monitoring of the biological effects of 
toxic substances in the workplace, but only if— 
(A) the employer, labor organization, or 
joint labor-management committee provides 
written notice of the genetic monitoring to the 
individual; 
(B)(i) the individual provides prior, know-
ing, voluntary, and written authorization; or 
(ii) the genetic monitoring is required by 
Federal or State law; 
(C) the individual is informed of individual 
monitoring results; 
(D) the monitoring is in compliance with— 
(i) any Federal genetic monitoring 
regulations, including any such regulations 
that may be promulgated by the Secretary 
of Labor pursuant to the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.), the Federal Mine Safety and 
Health Act of 1977 (30 U.S.C. 801 et 
seq.), or the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.); or 
(ii) State genetic monitoring regula-
tions, in the case of a State that is imple-