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(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 2008 in a legislative 
session in which such legislation may be 
considered, the date specified in this para-
graph is the first day of the first calendar 
quarter beginning after the close of the 
first legislative session of the State legisla-
ture that begins on or after July 1, 2008. 
For purposes of the previous sentence, in 
the case of a State that has a 2-year legis-
lative session, each year of such session 
shall be deemed to be a separate regular 
session of the State legislature. 
SEC. 105. PRIVACY AND CONFIDENTIALITY. 
(a) IN GENERAL.—Part C of title XI of the Social 
Security Act is amended by adding at the end the fol-
lowing new section: 
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‘‘APPLICATION OF HIPAA REGULATIONS TO GENETIC 
INFORMATION 
‘‘SEC. 1180. (a) IN GENERAL.—The Secretary shall 
revise the HIPAA privacy regulation (as defined in sub-
section (b)) so it is consistent with the following: 
‘‘(1) Genetic information shall be treated as 
health information described in section 1171(4)(B). 
‘‘(2) The use or disclosure by a covered entity 
that is a group health plan, health insurance issuer 
that issues health insurance coverage, or issuer of a 
medicare supplemental policy of protected health in-
formation that is genetic information about an indi-
vidual for underwriting purposes under the group 
health plan, health insurance coverage, or medicare 
supplemental policy shall not be a permitted use or 
disclosure. 
‘‘(b) DEFINITIONS.—For purposes of this section: 
‘‘(1) GENETIC
INFORMATION; GENETIC
TEST; 
FAMILY MEMBER.—The terms ‘genetic information’, 
‘genetic test’, and ‘family member’ have the mean-
ings given such terms in section 2791 of the Public 
Health Service Act (42 U.S.C. 300gg–91), as 
amended by the Genetic Information Nondiscrimina-
tion Act of 2008. 
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‘‘(2) GROUP
HEALTH
PLAN; HEALTH
INSUR-
ANCE COVERAGE; MEDICARE SUPPLEMENTAL POL-
ICY.—The terms ‘group health plan’ and ‘health in-
surance coverage’ have the meanings given such 
terms under section 2791 of the Public Health Serv-
ice Act (42 U.S.C. 300gg–91), and the term ‘medi-
care supplemental policy’ has the meaning given 
such term in section 1882(g). 
‘‘(3) HIPAA PRIVACY REGULATION.—The term 
‘HIPAA privacy regulation’ means the regulations 
promulgated by the Secretary under this part and 
section 264 of the Health Insurance Portability and 
Accountability Act of 1996 (42 U.S.C. 1320d–2 
note). 
‘‘(4) UNDERWRITING
PURPOSES.—The term 
‘underwriting purposes’ means, with respect to a 
group health plan, health insurance coverage, or a 
medicare supplemental policy— 
‘‘(A) rules for eligibility (including enroll-
ment and continued eligibility) for, or deter-
mination of, benefits under the plan, coverage, 
or policy; 
‘‘(B) the computation of premium or con-
tribution amounts under the plan, coverage, or 
policy; 
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‘‘(C) the application of any pre-existing 
condition exclusion under the plan, coverage, or 
policy; and 
‘‘(D) other activities related to the cre-
ation, renewal, or replacement of a contract of 
health insurance or health benefits. 
‘‘(c) PROCEDURE.—The revisions under subsection 
(a) shall be made by notice in the Federal Register pub-
lished not later than 60 days after the date of the enact-
ment of this section and shall be effective upon publica-
tion, without opportunity for any prior public comment, 
but may be revised, consistent with this section, after op-
portunity for public comment. 
‘‘(d) ENFORCEMENT.—In addition to any other sanc-
tions or remedies that may be available under law, a cov-
ered entity that is a group health plan, health insurance 
issuer, or issuer of a medicare supplemental policy and 
that violates the HIPAA privacy regulation (as revised 
under subsection (a) or otherwise) with respect to the use 
or disclosure of genetic information shall be subject to the 
penalties described in sections 1176 and 1177 in the same 
manner and to the same extent that such penalties apply 
to violations of this part.’’. 
(b) REGULATIONS; EFFECTIVE DATE.— 
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(1) REGULATIONS.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary 
of Health and Human Services shall issue final reg-
ulations to carry out the revision required by section 
1180(a) of the Social Security Act, as added by sub-
section (a). The Secretary has the sole authority to 
promulgate such regulations, but shall promulgate 
such regulations in consultation with the Secretaries 
of Labor and the Treasury. 
(2) EFFECTIVE DATE.—The amendment made 
by subsection (a) shall take effect on the date that 
is 18 months after the date of the enactment of this 
Act. 
SEC. 106. ASSURING COORDINATION. 
Except as provided in section 105(b)(1), the Sec-
retary of Health and Human Services, the Secretary of 
Labor, and the Secretary of the Treasury shall ensure, 
through the execution of an interagency memorandum of 
understanding among such Secretaries, that— 
(1) regulations, rulings, and interpretations 
issued by such Secretaries relating to the same mat-
ter over which two or more such Secretaries have re-
sponsibility under this title (and the amendments 
made by this title) are administered so as to have 
the same effect at all times; and 
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HR 1424 PCS
(2) coordination of policies relating to enforcing 
the same requirements through such Secretaries in 
order to have a coordinated enforcement strategy 
that avoids duplication of enforcement efforts and 
assigns priorities in enforcement. 
TITLE 
II—PROHIBITING 
EM-
PLOYMENT DISCRIMINATION 
ON THE BASIS OF GENETIC 
INFORMATION 
SEC. 201. DEFINITIONS. 
In this title: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Equal Employment Opportunity Commis-
sion as created by section 705 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e–4). 
(2) 
EMPLOYEE; 
EMPLOYER; 
EMPLOYMENT 
AGENCY; LABOR ORGANIZATION; MEMBER.— 
(A) IN GENERAL.—The term ‘‘employee’’ 
means— 
(i) an employee (including an appli-
cant), as defined in section 701(f) of the 
Civil Rights Act of 1964 (42 U.S.C. 
2000e(f)); 
(ii) a State employee (including an ap-
plicant) described in section 304(a) of the 
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Government Employee Rights Act of 1991 
(42 U.S.C. 2000e–16c(a)); 
(iii) a covered employee (including an 
applicant), as defined in section 101 of the 
Congressional Accountability Act of 1995 
(2 U.S.C. 1301); 
(iv) a covered employee (including an 
applicant), as defined in section 411(c) of 
title 3, United States Code; or 
(v) an employee or applicant to which 
section 717(a) of the Civil Rights Act of 
1964 (42 U.S.C. 2000e–16(a)) applies. 
(B) EMPLOYER.—The term ‘‘employer’’ 
means— 
(i) an employer (as defined in section 
701(b) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(b))); 
(ii) an entity employing a State em-
ployee described in section 304(a) of the 
Government Employee Rights Act of 1991; 
(iii) an employing office, as defined in 
section 101 of the Congressional Account-
ability Act of 1995; 
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HR 1424 PCS
(iv) an employing office, as defined in 
section 411(c) of title 3, United States 
Code; or 
(v) an entity to which section 717(a) 
of the Civil Rights Act of 1964 applies. 
(C) EMPLOYMENT AGENCY; LABOR ORGA-
NIZATION.—The terms ‘‘employment agency’’ 
and ‘‘labor organization’’ have the meanings 
given the terms in section 701 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e). 
(D) MEMBER.—The term ‘‘member’’, with 
respect to a labor organization, includes an ap-
plicant for membership in a labor organization. 
(3) FAMILY MEMBER.—The term ‘‘family mem-
ber’’ means, with respect to an individual— 
(A) a dependent (as such term is used for 
purposes of section 701(f)(2) of the Employee 
Retirement Income Security Act of 1974) of 
such individual, and 
(B) any other individual who is a first-de-
gree, second-degree, third-degree, or fourth-de-
gree relative of such individual or of an indi-
vidual described in subparagraph (A). 
(4) GENETIC INFORMATION.— 
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(A) IN GENERAL.—The term ‘‘genetic in-
formation’’ means, with respect to any indi-
vidual, information about— 
(i) such individual’s genetic tests, 
(ii) the genetic tests of family mem-
bers of such individual, and 
(iii) subject to subparagraph (D), the 
manifestation of a disease or disorder in 
family members of such individual. 
(B) INCLUSION OF GENETIC SERVICES.— 
Such term includes, with respect to any indi-
vidual, any request for, or receipt of, genetic 
services (including genetic services received pur-
suant to participation in clinical research) by 
such individual or any family member of such 
individual. 
(C) EXCLUSIONS.—The term ‘‘genetic in-
formation’’ shall not include information about 
the sex or age of any individual. 
(5) 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 
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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. 
(6) GENETIC
SERVICES.—The term ‘‘genetic 
services’’ means— 
(A) a genetic test; 
(B) genetic counseling (including obtain-
ing, interpreting, or assessing genetic informa-
tion); or 
(C) genetic education. 
(7) GENETIC TEST.— 
(A) IN
GENERAL.—The term ‘‘genetic 
test’’ means an analysis of human DNA, RNA, 
chromosomes, proteins, or metabolites, that de-
tects genotypes, mutations, or chromosomal 
changes. 
(B) EXCEPTIONS.—The term ‘‘genetic 
test’’ does not mean an analysis of proteins or 
metabolites that does not detect genotypes, 
mutations, or chromosomal changes. 
SEC. 202. EMPLOYER PRACTICES. 
(a) DISCRIMINATION BASED ON GENETIC INFORMA-
TION.—It shall be an unlawful employment practice for 
an employer— 
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(1) to fail or refuse to hire, or to discharge, any 
employee, or otherwise to discriminate against any 
employee with respect to the compensation, terms, 
conditions, or privileges of employment of the em-
ployee, because of genetic information with respect 
to the employee; or 
(2) to limit, segregate, or classify the employees 
of the employer in any way that would deprive or 
tend to deprive any employee of employment oppor-
tunities or otherwise adversely affect the status of 
the employee as an employee, because of genetic in-
formation with respect to the employee. 
(b) ACQUISITION
OF GENETIC INFORMATION.—It 
shall be an unlawful employment practice for an employer 
to request, require, or purchase genetic information with 
respect to an employee or a family member of the em-
ployee except— 
(1) where an employer inadvertently requests or 
requires family medical history of the employee or 
family member of the employee; 
(2) where— 
(A) health or genetic services are offered 
by the employer, including such services offered 
as part of a bona fide wellness program; 
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(B) the employee provides prior, knowing, 
voluntary, and written authorization; 
(C) only the employee (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; and 
(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 except in aggregate terms that do 
not disclose the identity of specific employees; 
(3) where an employer requests or requires 
family medical history from the employee to comply 
with the certification provisions of section 103 of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 
2613) or such requirements under State family and 
medical leave laws; 
(4) where an employer purchases documents 
that are commercially and publicly available (includ-
ing newspapers, magazines, periodicals, and books, 
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