‘‘(B) RULE OF CONSTRUCTION.—Nothing 
in subparagraph (A) shall be construed to—
‘‘(i) permit an issuer to request (or 
require) the results of the services referred 
to in such subparagraph; or 
‘‘(ii) require that an issuer make pay-
ment for services described in such sub-
paragraph where the individual involved 
has refused to provide evidence of the per-
formance of such services pursuant to a re-
quest by the issuer in accordance with such 
subparagraph. 
‘‘(5) INFORMATION FOR PAYMENT OF OTHER 
CLAIMS.—With respect to the payment of claims for 
benefits other than genetic services, an issuer of a 
medicare supplemental policy may request that an 
individual provide protected genetic information so 
long as such information—
‘‘(A) is used solely for the payment of a 
claim; 
‘‘(B) is limited to information that is di-
rectly related to and necessary for the payment 
of such claim and the claim would otherwise be 
denied but for the protected genetic informa-
tion; and
‘‘(C) is used only by an individual (or indi-
viduals) within such issuer who needs access to 
such information for purposes of payment of a 
claim. 
‘‘(6) RULES OF CONSTRUCTION.—
‘‘(A) COLLECTION
OR
DISCLOSURE
AU-
THORIZED BY INDIVIDUAL.—The provisions of 
paragraphs (2) (regarding collection) and (3) 
shall not apply to an individual if the individual 
(or legal representative of the individual) pro-
vides prior, knowing, voluntary, and written au-
thorization for the collection or disclosure of 
protected genetic information. 
‘‘(B) DISCLOSURE
FOR
HEALTH
CARE 
TREATMENT.—Nothing in this section shall be 
construed to limit or restrict the disclosure of 
protected genetic information from a health 
care provider to another health care provider 
for the purpose of providing health care treat-
ment to the individual involved. 
‘‘(7) VIOLATION OF GENETIC DISCRIMINATION 
OR GENETIC DISCLOSURE PROVISIONS.—
‘‘(A) IN GENERAL.—In any action under 
this subsection against any administrator of a 
medicare supplemental policy (including any
third party administrator or other person acting 
for or on behalf of such policy) alleging a viola-
tion of this subsection, the court may award 
any appropriate legal or equitable relief. Such 
relief may include a requirement for the pay-
ment of attorney’s fees and costs, including the 
costs of expert witnesses. 
‘‘(B) CIVIL PENALTY.—In any action de-
scribed in subparagraph (A), the Secretary 
may, to vindicate the public interest, assess a 
civil penalty against the defendant in an 
amount—
‘‘(i) not exceeding $50,000 for a first 
violation, and 
‘‘(ii) not exceeding $100,000 for any 
subsequent violation. 
Any such relief awarded shall be paid into the 
general fund of the Treasury.’’. 
‘‘(8) SPECIAL RULE IN CASE OF GENETIC IN-
FORMATION.—This subsection (relating to genetic 
information or information about a request for, or 
the receipt of, genetic services by an individual or a 
family member of such individual) shall not be con-
strued to supersede any provision of State law which 
establishes, implements, or continues in effect a
standard, requirement, or remedy that more com-
pletely—
‘‘(A) protects the confidentiality of genetic 
information (including information about a re-
quest for, or the receipt of, genetic services by 
an individual or a family member of such indi-
vidual) or the privacy of an individual or a fam-
ily member of the individual with respect to ge-
netic information (including information about 
a request for, or the receipt of, genetic services 
by an individual or a family member of such in-
dividual) than does this subsection; or
‘‘(B) prohibits discrimination on the basis 
of genetic information than does this sub-
section. 
‘‘(9) DEFINITIONS.—In this subsection: 
‘‘(A) CONTROLLED
GROUP.—The term 
‘controlled group’ means any group treated as 
a single employer under subsection (b), (c), 
(m), or (o) of section 414 of the Internal Rev-
enue Code of 1986. 
‘‘(B) FAMILY MEMBER.—The term ‘family 
member’ means with respect to an individual—
‘‘(i) the spouse of the individual;
‘‘(ii) a dependent child of the indi-
vidual, including a child who is born to or 
placed for adoption with the individual; or 
‘‘(iii) any other individuals related by 
blood to the individual or to the spouse or 
child described in clause (i) or (ii). 
‘‘(C) GENETIC INFORMATION.—The term 
‘genetic information’ means information about 
genes, gene products, or inherited characteris-
tics that may derive from an individual or a 
family member of such individual (including in-
formation about a request for, or the receipt of, 
genetic services by such individual or family 
member of such individual). 
‘‘(D) GENETIC SERVICES.—The term ‘ge-
netic services’ means health services, including 
genetic tests, provided to obtain, assess, or in-
terpret genetic information for diagnostic and 
therapeutic purposes, and for genetic education 
and counseling. 
‘‘(E) GENETIC TEST.—The term ‘genetic 
test’ means the analysis of human DNA, RNA, 
chromosomes, proteins, or metabolites that de-
tects genotypes, mutations, or chromosomal 
changes.
‘‘(F) ISSUER
OF
A
MEDICARE
SUPPLE-
MENTAL POLICY.—The term ‘issuer of a medi-
care supplemental policy’ includes a third-party 
administrator or other person acting for or on 
behalf of such issuer. 
‘‘(G) 
PROTECTED
GENETIC
INFORMA-
TION.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the term ‘protected ge-
netic information’ means—
‘‘(I) information about an indi-
vidual’s genetic tests; 
‘‘(II) information about genetic 
tests of family members of the indi-
vidual; and 
‘‘(III) information about the oc-
currence of a disease or disorder in 
family members.’’. 
‘‘(ii) LIMITATIONS.—The term ‘pro-
tected genetic information’ shall not in-
clude—
‘‘(I) information about the sex or 
age of the individual; 
‘‘(II) information about chemical, 
blood, or urine analyses of the indi-
vidual, unless these analyses are ge-
netic tests; or 
‘‘(III) information about physical 
exams of the individual, and other in-
formation that indicates the current 
health status of the individual.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
1882(o) of the Social Security Act (42 U.S.C. 
1395ss(o)) is amended by adding at the end the fol-
lowing: 
‘‘(4) The issuer of the medicare supplemental 
policy complies with subsection (s)(2)(E) and sub-
section (v).’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply with respect to an 
issuer of a medicare supplemental policy for policy 
years beginning after October 1, 2005. 
(c) TRANSITION PROVISIONS.—
(1) IN GENERAL.—If the Secretary of Health 
and Human Services identifies a State as requiring 
a change to its statutes or regulations to conform its 
regulatory program to the changes made by this sec-
tion, the State regulatory program shall not be con-
sidered to be out of compliance with the require-
ments of section 1882 of the Social Security Act due
solely to failure to make such change until the date 
specified in paragraph (4). 
(2) NAIC STANDARDS.—If, not later than June 
30, 2005, the National Association of Insurance 
Commissioners (in this subsection referred to as the 
‘‘NAIC’’) modifies its NAIC Model Regulation relat-
ing to section 1882 of the Social Security Act (re-
ferred to in such section as the 1991 NAIC Model 
Regulation, as subsequently modified) to conform to 
the amendments made by this section, such revised
regulation incorporating the modifications shall be 
considered to be the applicable NAIC model regula-
tion (including the revised NAIC model regulation 
and the 1991 NAIC Model Regulation) for the pur-
poses of such section. 
(3) SECRETARY
STANDARDS.—If the NAIC 
does not make the modifications described in para-
graph (2) within the period specified in such para-
graph, the Secretary of Health and Human Services 
shall, not later than October 1, 2005, make the 
modifications described in such paragraph and such 
revised regulation incorporating the modifications 
shall be considered to be the appropriate regulation 
for the purposes of such section. 
(4) DATE SPECIFIED.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), the date specified in this paragraph 
for a State is the earlier of—
(i) the date the State changes its stat-
utes or regulations to conform its regu-
latory program to the changes made by 
this section, or 
(ii) October 1, 2005. 
(B) ADDITIONAL LEGISLATIVE ACTION RE-
QUIRED.—In the case of a State which the Sec-
retary identifies as—
(i) requiring State legislation (other 
than legislation appropriating funds) to 
conform its regulatory program to the 
changes made in this section, but 
(ii) having a legislature which is not 
scheduled to meet in 2005 in a legislative 
session in which such legislation may be 
considered, 
the date specified in this paragraph is the first 
day of the first calendar quarter beginning after 
the close of the first legislative session of the 
State legislature that begins on or after July 1, 
2005. For purposes of the previous sentence, in 
the case of a State that has a 2-year legislative
session, each year of such session shall be 
deemed to be a separate regular session of the 
State legislature. 
TITLE II—PROHIBITION OF EM-
PLOYMENT DISCRIMINATION 
ON 
THE 
BASIS 
OF 
PRO-
TECTED GENETIC INFORMA-
TION 
SEC. 201. DEFINITIONS. 
In this title: 
(1) 
EMPLOYEE; 
EMPLOYER; 
EMPLOYMENT 
AGENCY; 
LABOR
ORGANIZATION; 
MEMBER.—The 
terms ‘‘employee’’, ‘‘employer’’, ‘‘employment agen-
cy’’, and ‘‘labor organization’’ have the meanings 
given such terms in section 701 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e), except that the 
terms ‘‘employee’’ and ‘‘employer’’ shall also include 
the meanings given such terms in section 717 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e–16). The 
terms ‘‘employee’’ and ‘‘member’’ include an appli-
cant for employment and an applicant for member-
ship in a labor organization, respectively. 
(2) FAMILY MEMBER.—The term ‘‘family mem-
ber’’ means with respect to an individual—
(A) the spouse of the individual;
(B) a dependent child of the individual, in-
cluding a child who is born to or placed for 
adoption with the individual; or 
(C) any other individuals related by blood 
to the individual or to the spouse or child de-
scribed in subparagraph (A) or (B). 
(3) GENETIC MONITORING.—The term ‘‘genetic 
monitoring’’ means the periodic examination of em-
ployees to evaluate acquired modifications to their 
genetic material, such as chromosomal damage or 
evidence of increased occurrence of mutations, that 
may have developed in the course of employment due 
to exposure to toxic substances in the workplace, in 
order to identify, evaluate, and respond to the ef-
fects of or control adverse environmental exposures 
in the workplace. 
(4) GENETIC
SERVICES.—The term ‘‘genetic 
services’’ means health services, including genetic 
tests, provided to obtain, assess, or interpret genetic 
information for diagnostic and therapeutic purposes, 
and for genetic education and counseling. 
(5) GENETIC TEST.—The term ‘‘genetic test’’ 
means the analysis of human DNA, RNA, chro-
mosomes, proteins, or metabolites that detects 
genotypes, mutations, or chromosomal changes.
(6) PROTECTED GENETIC INFORMATION.—
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘protected genetic 
information’’ means—
(i) information about an individual’s 
genetic tests; 
(ii) information about genetic tests of 
family members of the individual; and 
(iii) information about the occurrence 
of a disease or disorder in family members. 
(B) LIMITATIONS.—The term ‘‘protected 
genetic information’’ shall not include—
(i) information about the sex or age of 
the individual; 
(ii) information about chemical, blood, 
or urine analyses of the individual, unless 
these analyses are genetic tests; or 
(iii) information about physical exams 
of the individual, and other information 
that indicates the current health status of 
the individual. 
SEC. 202. EMPLOYER PRACTICES. 
(a) IN GENERAL.—It shall be an unlawful employ-
ment practice for an employer (or a worker’s compensa-
tion insurance issuer acting on the employer’s behalf)—
(1) to fail or refuse to hire or to discharge any 
individual, or otherwise to discriminate against any 
individual with respect to the compensation, terms, 
conditions, or privileges of employment of the indi-
vidual, because of protected genetic information with 
respect to the individual or information about a re-
quest for or the receipt of genetic services by such 
individual or family member of such individual; 
(2) to limit, segregate, or classify the employees 
of the employer in any way that would deprive or 
tend to deprive any individual of employment oppor-
tunities or otherwise adversely affect the status of 
the individual as an employee, because of protected 
genetic information with respect to the individual, or 
information about a request for or the receipt of ge-
netic services by such individual or family member 
of such individual; or 
(3) to request, require, collect or purchase pro-
tected genetic information with respect to an indi-
vidual or a family member of the individual except—
(A) where used for genetic monitoring of 
biological effects of toxic substances in the 
workplace, but only if—
(i) the employee has provided prior, 
knowing, voluntary, and written authoriza-
tion;
(ii) the employee is informed of indi-
vidual monitoring results; 
(iii) the monitoring conforms to any 
genetic monitoring regulations that may be 
promulgated by the Secretary of Labor 
pursuant to the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 651 et 
seq.) or the Federal Mine Safety and 
Health Act of 1977 (30 U.S.C. 801 et 
seq.); and 
(iv) the employer, excluding any li-
censed health care professional that is in-
volved in the genetic monitoring program, 
receives the results of the monitoring only 
in aggregate terms that do not disclose the 
identity of specific employees; 
(B) where health or genetic services are of-
fered by the employer and the employee pro-
vides prior, knowing, voluntary, and written au-
thorization, and only the employee or family 
member of such employee receives the results of 
such services; or
(C) with respect to an applicant who has 
been given a conditional offer of employment or 
to an employee, an employer may request, re-
quire, collect or purchase the information de-
scribed in section 201(6)(C), if—
(i) the request or requirement is con-
sistent with the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et 
seq.) or the Rehabilitation Act of 1973 (29 
U.S.C. 701 et seq.); and 
(ii)(I) the information obtained is to 
be used exclusively to assess whether fur-
ther medical evaluation is needed to diag-
nose a current disease, or medical condi-
tion or disorder; 
(II) such current disease, or medical 
condition or disorder could prevent the ap-
plicant or employee from performing the 
essential functions of the position desired 
or held; and 
(III) the information described in 
such section will not be disclosed to per-
sons other than medical personnel involved 
in or responsible for assessing whether fur-
ther medical evaluation is needed to diag-
nose a current disease, or medical condi-
tion or disorder, except as otherwise per-
mitted by this title. 
(b) LIMITATION.—In the case of protected genetic in-
formation to which subparagraph (A), (B), or (C) of sub-
section (a)(3) applies, such information may not be used 
in violation of paragraph (1) or (2) of subsection (a). 
SEC. 203. EMPLOYMENT AGENCY PRACTICES. 
It shall be an unlawful employment practice for an 
employment agency—
(1) to fail or refuse to refer for employment, or 
otherwise to discriminate against, any individual be-
cause of protected genetic information with respect 
to the individual (or information about a request for 
or the receipt of genetic services by such individual 
or family member of such individual); 
(2) to limit, segregate, or classify individuals or 
fail or refuse to refer for employment any individual 
in any way that would deprive or tend to deprive any 
individual of employment opportunities or would 
limit the employment opportunities or otherwise ad-
versely affect the status of the individual as an em-
ployee, because of protected genetic information with 
respect to the individual (or information about a re-
quest for or the receipt of genetic services by such 
individual or family member of such individual); 
(3) to request, require, collect or purchase pro-
tected genetic information with respect to an indi-
vidual (or information about a request for or the re-
ceipt of genetic services by such individual or family 
member of such individual); or 
(4) to cause or attempt to cause an employer to 
discriminate against an individual in violation of this 
title. 
SEC. 204. LABOR ORGANIZATION PRACTICES. 
It shall be an unlawful employment practice for a 
labor organization—
(1) to exclude or to expel from the membership 
of the organization, or otherwise to discriminate 
against, any individual because of protected genetic 
information with respect to the individual (or infor-
mation about a request for or the receipt of genetic 
services by such individual or family member of such 
individual); 
(2) to limit, segregate, or classify the members 
of the organization, or fail or refuse to refer for em-
ployment any individual, in any way that would de-
prive or tend to deprive any individual of employ-
ment opportunities, or would limit the employment
opportunities or otherwise adversely affect the status 
of the individual as an employee, because of pro-
tected genetic information with respect to the indi-
vidual (or information about a request for or the re-
ceipt of genetic services by such individual or family 
member of such individual); 
(3) to request, require, collect or purchase pro-
tected genetic information with respect to an indi-
vidual (or information about a request for or the re-
ceipt of genetic services by such individual or family 
member of such individual); or 
(4) to cause or attempt to cause an employer to 
discriminate against an individual in violation of this 
title. 
SEC. 205. TRAINING PROGRAMS. 
It shall be an unlawful employment practice for any 
employer, labor organization, or joint labor-management 
committee controlling apprenticeship or other training or 
retraining, including on-the-job training programs—
(1) to discriminate against any individual be-
cause of protected genetic information with respect 
to the individual (or information about a request for 
or the receipt of genetic services by such individual), 
in admission to, or employment in, any program es-
tablished to provide apprenticeship or other training 
or retraining; 
(2) to limit, segregate, or classify the members 
of the organization, or fail or refuse to refer for em-
ployment any individual, in any way that would de-
prive or tend to deprive any individual of employ-
ment opportunities, or would limit the employment 
opportunities or otherwise adversely affect the status 
of the individual as an employee, because of pro-
tected genetic information with respect to the indi-
vidual (or information about a request for or receipt 
of genetic services by such individual or family mem-
ber of such individual); 
(3) to request, require, collect or purchase pro-
tected genetic information with respect to an indi-
vidual (or information about a request for or receipt 
of genetic services by such individual or family mem-
ber of such individual); or 
(4) to cause or attempt to cause an employer to 
discriminate against an individual in violation of this 
title. 
SEC. 206. MAINTENANCE AND DISCLOSURE OF PROTECTED 
GENETIC INFORMATION. 
(a) MAINTENANCE OF PROTECTED GENETIC INFOR-
MATION.—If an employer (or a worker’s compensation in-
surance issuer acting on the employer’s behalf) possesses 
protected genetic information about an employee (or infor-
mation about a request for or receipt of genetic services 
by such employee or family member of such employee), 
such information shall be treated and maintained as part 
of the employee’s confidential medical records.
(b) DISCLOSURE OF PROTECTED GENETIC INFORMA-
TION.—An employer (or a worker’s compensation insur-
ance issuer acting on the employer’s behalf) shall not dis-
close protected genetic information (or information about 
a request for or receipt of genetic services by such em-
ployee or family member of such employee) except—
(1) to the employee who is the subject of the in-
formation at the request of the employee; 
(2) to an occupational or other health re-
searcher if the research is conducted in compliance 
with the regulations and protections provided for 
under part 46 of title 45, Code of Federal Regula-
tions; 
(3) under legal compulsion of a Federal court 
order, except that if the court order was secured 
without the knowledge of the individual to whom the 
information refers, the employer (or a worker’s com-
pensation insurance issuer acting on the employer’s 
behalf) shall provide the individual with adequate
notice to challenge the court order unless the court 
order also imposes confidentiality requirements; and 
(4) to government officials who are inves-
tigating compliance with this title if the information 
is relevant to the investigation. 
SEC. 207. CIVIL ACTION. 
(a) IN GENERAL.—One or more employees, members 
of a labor organization, or participants in training pro-
grams or a labor organization may bring an action in a 
Federal or State court of competent jurisdiction against 
an employer (or a worker’s compensation insurance issuer 
acting on the employer’s behalf), employment agency, 
labor organization, or joint labor-management committee 
or training program who commits a violation of this title. 
(b) ENFORCEMENT BY THE EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION.—
(1) IN GENERAL.—The powers, remedies, and 
procedures set forth in sections 705, 706, 707, 709, 
710, and 717 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–4, 2000e–5, 2000e–6, 2000e–8, 
2000e–9, and 2000e–16) shall be the powers, rem-
edies, and procedures provided to the Equal Employ-
ment Opportunity Commission to enforce this title. 
The Commission may promulgate regulations to im-
plement these powers, remedies, and procedures.
(2) EXHAUSTION
OF
REMEDIES.—Nothing in 
this subsection shall be construed to require that an 
individual exhaust the administrative remedies avail-
able through the Equal Employment Opportunity 
Commission prior to commencing a civil action 
under this section, except that if an individual files 
a charge of discrimination with the Commission that 
alleges a violation of this title, the individual shall 
exhaust 
the 
administrative 
remedies 
available 
through the Commission prior to commencing a civil 
action under this section. 
(c) REMEDY.—A Federal or State court may award 
any appropriate legal or equitable relief under this section. 
Such relief may include a requirement for the payment 
of attorney’s fees and costs, including the cost of experts. 
SEC. 208. EXCEPTIONS; RULES OF CONSTRUCTION. 
(a) TREATMENT
OF CERTAIN TESTS.—The con-
ducting of metabolic tests that are not intended to reveal 
protected genetic information shall not be considered a 
violation of 203(a)(3), 204(3), 205(3), or 206(3) regard-
less of the results of the tests. Test results that are pro-
tected genetic information shall be subject to the applica-
ble provisions of this title. 
(b) RULES OF CONSTRUCTION.—Nothing in this title 
shall be construed to—
(1) limit the rights or protections of an indi-
vidual under the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.), including coverage 
afforded to individuals under section 102 of such 
Act; 
(2) limit the rights or protections of an indi-
vidual under the Rehabilitation Act of 1973 (29 
U.S.C. 701 et seq.); 
(3) limit the rights or protections of an indi-
vidual under any other Federal or State statute that 
provides equal or greater protection to an individual 
than the rights accorded under this title; 
(4) apply to the Armed Forces Repository of 
Specimen Samples for the Identification of Remains; 
or 
(5) limit the statutory or regulatory authority 
of the Occupational Safety and Health Administra-
tion or the Mine Safety and Health Administration 
to promulgate or enforce workplace safety and 
health laws and regulations. 
SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this title. 
SEC. 210. EFFECTIVE DATE. 
This title shall become effective on October 1, 2005.
TITLE III—MISCELLANEOUS 
PROVISIONS 
SEC. 301. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act, the amendments made 
by the remainder of this Act, and the application of the 
remainder of this Act and the amendments made thereby 
to any person or circumstance shall not be affected by 
such holding.
Æ