I
107TH CONGRESS
1ST SESSION
H. R. 3266
To amend title 18, United States Code, to prohibit unauthorized trafficking
in personal DNA information, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 8, 2001
Ms. RIVERS introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To amend title 18, United States Code, to prohibit unauthor-
ized trafficking in personal DNA information, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. UNAUTHORIZED TRAFFICKING IN PERSONAL
DNA INFORMATION.
(a) IN GENERAL.—Chapter 13 of title 18, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 249. Unauthorized trafficking in personal DNA in-
formation
‘‘(a) PROHIBITED ACTIVITIES.—Whoever, without
the consent in a signed writing of an individual (or, in
the case of a minor, the parent or guardian of that indi-
vidual), knowingly distributes or possesses with intent to
distribute personal DNA information with respect to that
individual, except when specifically authorized by law,
shall be subject to the penalties provided in subsection (b)
and the civil remedies provided in subsection (c).
‘‘(b) PENALTIES.—Whoever violates this section shall
be fined in accordance with this title, or imprisoned not
more than 5 years, or both.
‘‘(c) CIVIL REMEDIES.—
‘‘(1) RIGHT OF ACTION.—
‘‘(A) IN GENERAL.—Any person aggrieved
by reason of the conduct prohibited by sub-
section (a) may commence a civil action for the
relief set forth in subparagraph (B).
‘‘(B) RELIEF.—In any action under sub-
paragraph (A), the court may award appro-
priate relief, including temporary, preliminary,
or permanent injunctive relief and compen-
satory and punitive damages, as well as the
costs of suit and reasonable fees for attorneys
and expert witnesses. With respect to compen-
satory damages, the plaintiff may elect, at any
time prior to the rendering of final judgment,
to recover, in lieu of actual damages, an award
of statutory damages in the amount of $50,000
per violation.
‘‘(2) ACTION BY ATTORNEY GENERAL OF THE
UNITED STATES.—
‘‘(A) IN GENERAL.—If the Attorney Gen-
eral of the United States has reasonable cause
to believe that any person or group of persons
is being, has been, or may be injured by con-
duct constituting a violation of this section, the
Attorney General may commence a civil action
in any appropriate United States district court.
‘‘(B) RELIEF.—In any action under sub-
paragraph (A), the court may award appro-
priate relief, including temporary, preliminary,
or permanent injunctive relief, and compen-
satory damages to persons aggrieved as de-
scribed in paragraph (1)(B). The court, to vin-
dicate the public interest, may also assess a
civil penalty against each respondent in an
amount not exceeding $50,000 for each viola-
tion.
‘‘(3) ACTIONS
BY
STATE
ATTORNEYS
GEN-
ERAL.—
‘‘(A) IN GENERAL.—If the Attorney Gen-
eral of a State has reasonable cause to believe
that any person or group of persons is being,
has been, or may be injured by conduct consti-
tuting a violation of this section, such Attorney
General may commence a civil action in the
name of such State, as parens patriae on behalf
of natural persons residing in such State, in
any appropriate United States District Court.
‘‘(B) RELIEF.—In any action under sub-
paragraph (A), the court may award appro-
priate relief, including temporary, preliminary
or permanent injunctive relief, compensatory
damages, and civil penalties as described in
paragraph (2)(B).
‘‘(d) NOT EXCLUSIVE OR PREEMPTIVE.—Nothing in
this section shall be construed to provide exclusive crimi-
nal penalties or civil remedies with respect to the conduct
prohibited by this section, or to preempt State or local
laws that may provide such penalties or remedies.
‘‘(e) DEFINITION.—As used in this section, the term
‘personal DNA information’ means, with respect to an
individual—
‘‘(1) any information about the sequence, com-
position, 
or 
other 
characteristic 
of 
the
deoxyribonucleic acid (DNA) of that individual; or
‘‘(2) any information about that individual de-
rived from an analysis of information specified in
paragraph (1).’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘249. Unauthorized trafficking in personal DNA information.’’.
Æ