I 
109TH CONGRESS 
2D SESSION 
H. R. 6125 
To prohibit discrimination by group health plans and employers based on 
genetic information. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2006 
Mr. PAUL introduced the following bill; which was referred to the Committee 
on Government Reform, and in addition to the Committees on Education 
and the Workforce, 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 com-
mittee concerned 
A BILL 
To prohibit discrimination by group health plans and 
employers based on genetic information. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Taxpayer Protection 
from Genetic Discrimination Act of 2006’’. 
VerDate Aug 31 2005 
00:54 Sep 22, 2006
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6125.IH
H6125
CColeman on PROD1PC71 with BILLS
SEC. 2. NO DISCRIMINATION BY GROUP HEALTH PLANS 
BASED ON GENETIC INFORMATION. 
(a) NO DISCRIMINATION IN GROUP PREMIUMS.—A 
group health plan sponsored by a covered entity, or a 
health insurance issuer offering group health insurance 
coverage in connection with a group health plan sponsored 
by a covered entity, shall not adjust premium or contribu-
tion amounts for a group on the basis of genetic informa-
tion concerning an individual in the group or a family 
member of the individual (including information about a 
request for or receipt of genetic services by an individual 
or family member of such individual). 
(b) LIMITATION ON REQUESTING OR REQUIRING GE-
NETIC TESTING.— 
(1) IN GENERAL.—A group health plan spon-
sored by a covered entity, or a health insurance 
issuer offering health insurance coverage in connec-
tion with a group health plan sponsored by a covered 
entity, shall not request or require an individual or 
a family member of such individual to undergo a ge-
netic test. 
(2) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (1) shall be construed to— 
(A) limit the authority of a health care 
professional who is providing health care serv-
ices with respect to an individual to request 
VerDate Aug 31 2005 
00:54 Sep 22, 2006
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6125.IH
H6125
CColeman on PROD1PC71 with BILLS
that such individual or a family member of such 
individual undergo a genetic test; 
(B) limit the authority of a health care 
professional who is employed by or affiliated 
with a group health plan or a health insurance 
issuer and who is providing health care services 
to an individual as part of a bona fide wellness 
program to notify such individual of the avail-
ability of a genetic test or to provide informa-
tion to such individual regarding such genetic 
test; or 
(C) authorize or permit a health care pro-
fessional to require that an individual undergo 
a genetic test. 
SEC. 3. LIMITATION ON USE OF GENERIC INFORMATION IN 
EMPLOYMENT. 
(a) USE OF GENETIC INFORMATION.—It shall be an 
unlawful employment practice for any covered entity— 
(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 information about a request for 
VerDate Aug 31 2005 
00:54 Sep 22, 2006
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6125.IH
H6125
CColeman on PROD1PC71 with BILLS
or the receipt of genetic services by such employee 
or family member of such employee); or 
(2) to limit, segregate, or classify the employees 
of the covered entity in any way that would deprive 
or tend to deprive any employee of employment op-
portunities or otherwise adversely affect the status 
of the employee as an employee, because of genetic 
information with respect to the employee (or infor-
mation about a request for or the receipt of genetic 
services by such employee or family member of such 
employee). 
(b) ACQUISITION
OF GENETIC INFORMATION.—It 
shall be an unlawful employment practice for a covered 
entry to request, require, or purchase genetic information 
with respect to an employee or a family member of the 
employee (or information about a request for the receipt 
of genetic services by such employee or a family member 
of such employee) except— 
(1) where a covered entity inadvertently re-
quests or requires family medical history of the em-
ployee or family member of the employee; 
(2) where— 
(A) health or genetic services are offered 
by the covered entity, including such services 
offered as part of a bona fide wellness program; 
VerDate Aug 31 2005 
00:54 Sep 22, 2006
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6125.IH
H6125
CColeman on PROD1PC71 with BILLS
(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 covered entity except in aggregate terms 
that do not disclose the identity of specific em-
ployees; 
(3) where an covered entity 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 covered entity purchases docu-
ments that are commercially and publicly available 
VerDate Aug 31 2005 
00:54 Sep 22, 2006
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6125.IH
H6125
CColeman on PROD1PC71 with BILLS
(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 covered entity provides written no-
tice of the genetic monitoring to the employee; 
(B)(i) the employee provides prior, know-
ing, voluntary, and written authorization; or 
(ii) the genetic monitoring is required by 
Federal or State law; 
(C) the employee 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 
VerDate Aug 31 2005 
00:54 Sep 22, 2006
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6125.IH
H6125
CColeman on PROD1PC71 with BILLS
(ii) State genetic monitoring regula-
tions, in the case of a State that is imple-
menting genetic monitoring regulations 
under the authority of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.); and 
(E) the covered entity, excluding any li-
censed health care professional or board cer-
tified genetic counselor that is involved in the 
genetic monitoring program, receives the results 
of the monitoring only in aggregate terms that 
do not disclose the identity of specific employ-
ees. 
(c) PRESERVATION OF PROTECTIONS.—In the case 
of information to which any of paragraphs (1) through 
(5) of subsection (b) applies, such information may not 
be used in violation of subsection (a) or section 2. 
SEC. 4. RELIEF. 
(a) CAUSE
OF ACTION.—Any employee or family 
member of an employee of a covered entity who has been 
adversely effected by a covered entity’s violation of section 
2 or 3 shall have a cause of action in Federal court for 
both compensatory and punitive damages. 
VerDate Aug 31 2005 
00:54 Sep 22, 2006
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6125.IH
H6125
CColeman on PROD1PC71 with BILLS
(b) LIMITATION ON PUNITIVE DAMAGES.—In such a 
case, punitive damages shall not exceed be 30 percent of 
compensatory damages. 
SEC. 5. DEFINITIONS. 
(a) COVERED ENTITY.—In this Act, the term ‘‘cov-
ered entity’’ refers to any agency or part of the Federal 
Government, any State or local entity that receives Fed-
eral funds, or a Federal contractor. 
(b) FAMILY MEMBER.—In this Act, the term ‘‘family 
member’’ means with respect to an individual— 
(1) the spouse of the individual; 
(2) a dependent child of the individual, includ-
ing a child who is born to or placed for adoption 
with the individual; and 
(3) all other individuals related by blood to the 
individual or the spouse or child described in para-
graph (1) or (2). 
(c) GENETIC INFORMATION.— 
(1) IN GENERAL.—In this Act the term ‘‘ge-
netic information’’ means, with respect to an indi-
vidual, information— 
(A) about an individual’s genetic tests; 
(B) about the genetic tests of family mem-
bers of the individual; or 
VerDate Aug 31 2005 
00:54 Sep 22, 2006
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6125.IH
H6125
CColeman on PROD1PC71 with BILLS
(C) about the occurrence of a disease or 
disorder in family members of the individual. 
(2) EXCLUSIONS.—Such term does not include 
information about the sex or age of an individual. 
(d) GENETIC TEST.— 
(1) IN GENERAL.—In this Act, the term ‘‘ge-
netic test’’ means an analysis of human DNA, RNA, 
chromosomes, proteins, or metabolites, that detects 
genotypes, mutations, or chromosomal changes. 
(2) EXCEPTIONS.—Such term does not in-
clude— 
(A) an analysis of proteins or metabolites 
that does not detect genotypes, mutations, or 
chromosomal changes; or 
(B) an analysis of proteins or metabolites 
that is directly related to a manifested disease, 
disorder, or pathological condition that could 
reasonably be detected by a health care profes-
sional with appropriate training and expertise 
in the field of medicine involved. 
(e) GENETIC SERVICES.—In this Act, the term ‘‘ge-
netic services’’ means— 
(1) a genetic test; 
(2) genetic counseling (such as obtaining, inter-
preting, or assessing genetic information); or 
VerDate Aug 31 2005 
00:54 Sep 22, 2006
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6125.IH
H6125
CColeman on PROD1PC71 with BILLS
(3) genetic education. 
Æ 
VerDate Aug 31 2005 
00:54 Sep 22, 2006
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H6125.IH
H6125
CColeman on PROD1PC71 with BILLS