142 
‘‘(2) GROUP HEALTH PLAN; HEALTH IN-
SURANCE
COVERAGE; 
MEDICARE
SUPPLE-
MENTAL POLICY.—The terms ‘group health 
plan’ and ‘health insurance coverage’ 
have the meanings given such terms 
under section 2791 of the Public Health 
Service Act (42 U.S.C. 300gg-91), and the 
term ‘medicare 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 Sec-
retary under this part and section 264 of 
the Health Insurance Portability and Ac-
countability 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 in-
surance coverage, or a medicare supple-
mental policy— 
‘‘(A) rules for eligibility (including 
enrollment and continued eligibility) 
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143 
for, or determination of, benefits 
under the plan, coverage, or policy; 
‘‘(B) the computation of premium 
or contribution amounts under the 
plan, coverage, or policy; 
‘‘(C) the application of any pre-ex-
isting condition exclusion under the 
plan, coverage, or policy; and 
‘‘(D) other activities related to the 
creation, 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 published not later than 60 
days after the date of the enactment 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 opportunity for public com-
ment.’’. 
SEC. 106. ASSURING COORDINATION. 
(a) IN GENERAL.—Except as provided in 
subsection (b), the Secretary of the Treasury, 
the Secretary of Health and Human Services, 
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144 
and the Secretary of Labor shall ensure, 
through the execution of an interagency 
memorandum of understanding among such 
Secretaries, that— 
(1) regulations, rulings, and interpre-
tations issued by such Secretaries relat-
ing to the same matter over which two or 
more such Secretaries have responsibility 
under this title (and the amendments 
made by this title) are administered so as 
to have the same effect at all times; and 
(2) coordination of policies relating to 
enforcing the same requirements through 
such Secretaries in order to have a co-
ordinated 
enforcement 
strategy 
that 
avoids duplication of enforcement efforts 
and assigns priorities in enforcement. 
(b) AUTHORITY
OF
THE SECRETARY.—The 
Secretary of Health and Human Services has 
the sole authority to promulgate regulations 
to implement the amendment made by section 
104. 
SEC. 107. REGULATIONS; EFFECTIVE DATE. 
(a) REGULATIONS.—Not later than 1 year 
after the date of enactment of this title, the 
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145 
Secretary of Labor, the Secretary of Health 
and Human Services, and the Secretary of the 
Treasury shall issue final regulations in an ac-
cessible format to carry out this title. 
(b) EFFECTIVE DATE.—Except as provided 
in section 103, the amendments made by this 
title shall take effect on the date that is 18 
months after the date of enactment of this 
Act. 
TITLE 
II—PROHIBITING 
EM-
PLOYMENT DISCRIMINATION 
ON THE BASIS OF GENETIC 
INFORMATION 
SEC. 201. DEFINITIONS. 
In this title: 
(1) COMMISSION.—The term ‘‘Commis-
sion’’ means the Equal Employment Op-
portunity Commission as created by sec-
tion 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 ‘‘em-
ployee’’ means— 
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146 
(i) an employee (including an 
applicant), as defined in section 
701(f) of the Civil Rights Act of 
1964 (42 U.S.C. 2000e(f)); 
(ii) a State employee (includ-
ing an applicant) described in 
section 304(a) of the Government 
Employee Rights Act of 1991 (42 
U.S.C. 2000e–16c(a)); 
(iii) a covered employee (in-
cluding an applicant), as defined 
in section 101 of the Congres-
sional Accountability Act of 1995 
(2 U.S.C. 1301); 
(iv) a covered employee (in-
cluding 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 ‘‘em-
ployer’’ means— 
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147 
(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 employee described in sec-
tion 304(a) of the Government 
Employee Rights Act of 1991; 
(iii) an employing office, as 
defined in section 101 of the Con-
gressional Accountability Act of 
1995; 
(iv) an employing office, as de-
fined 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 
ORGANIZATION.—The terms ‘‘employ-
ment agency’’ and ‘‘labor organiza-
tion’’ 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 ‘‘mem-
ber’’, with respect to a labor organiza-
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149 
(iii) the occurrence of a dis-
ease or disorder in family mem-
bers of the individual. 
(B) EXCEPTIONS.—The term ‘‘ge-
netic information’’ shall not include 
information about the sex or age of 
an individual. 
(5) GENETIC
MONITORING.—The term 
‘‘genetic monitoring’’ means the periodic 
examination of employees to evaluate ac-
quired modifications to their genetic ma-
terial, such as chromosomal damage or 
evidence 
of 
increased 
occurrence 
of 
mutations, that may have developed in 
the course of employment due to expo-
sure to toxic substances in the work-
place, in order to identify, evaluate, and 
respond to the effects of or control ad-
verse environmental exposures in the 
workplace. 
(6) GENETIC SERVICES.—The term ‘‘ge-
netic services’’ means— 
(A) a genetic test; 
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150 
(B) genetic counseling (such as 
obtaining, interpreting or assessing 
genetic information); or 
(C) genetic education. 
(7) GENETIC TEST.— 
(A) IN
GENERAL.—The term ‘‘ge-
netic test’’ means the analysis of 
human DNA, RNA, chromosomes, pro-
teins, or metabolites, that detects 
genotypes, 
mutations, 
or 
chromo-
somal changes. 
(B) EXCEPTION.—The term ‘‘genetic 
test’’ does not mean an analysis of 
proteins or metabolites that does not 
detect genotypes, mutations, or chro-
mosomal changes. 
SEC. 202. EMPLOYER PRACTICES. 
(a) USE OF GENETIC INFORMATION.—It shall 
be an unlawful employment practice for an 
employer— 
(1) to fail or refuse to hire or to dis-
charge any employee, or otherwise to dis-
criminate against any employee with re-
spect to the compensation, terms, condi-
tions, or privileges of employment of the 
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151 
employee, because of genetic information 
with respect to the employee (or informa-
tion about a request for 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 employer in any way 
that would deprive or tend to deprive 
any employee of employment opportuni-
ties or otherwise adversely affect the sta-
tus of the employee as an employee, be-
cause of genetic information with respect 
to the employee (or information about a 
request for or the receipt of genetic serv-
ices by such employee or family member 
of such employee). 
(b) ACQUISITION
OF
GENETIC
INFORMA-
TION.—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 (or information about a request for the 
receipt of genetic services by such employee 
or a family member of such employee) ex-
cept— 
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152 
(1) where an employer inadvertently 
requests or requires family medical his-
tory 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; 
(B) the employee provides prior, 
knowing, voluntary, and written au-
thorization; 
(C) only the employee (or family 
member if the family member is re-
ceiving genetic services) and the li-
censed health care professional or 
board certified genetic counselor in-
volved in providing such services re-
ceive individually identifiable infor-
mation concerning the results of such 
services; and 
(D) any individually identifiable 
genetic information provided under 
subparagraph (C) in connection with 
the services provided under subpara-
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153 
graph (A) is only available for pur-
poses of such services and shall not 
be disclosed to the employer except 
in aggregate terms that do not dis-
close the identity of specific employ-
ees; 
(3) where an employer requests or re-
quires 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 doc-
uments that are commercially and pub-
licly available (including newspapers, 
magazines, periodicals, and books, but 
not including medical databases or court 
records) that include family medical his-
tory; 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— 
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154 
(A) the employer provides written 
notice of the genetic monitoring to 
the employee; 
(B)(i) 
the 
employee 
provides 
prior, knowing, voluntary, and writ-
ten authorization; or 
(ii) the genetic monitoring is re-
quired by Federal or State law; 
(C) the employee is informed of 
individual monitoring results; 
(D) the monitoring is in compli-
ance with— 
(i) any Federal genetic moni-
toring regulations, including any 
such regulations that may be pro-
mulgated by the Secretary of 
Labor pursuant to the Occupa-
tional 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 
regulations, in the case of a State 
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155 
that is implementing genetic mon-
itoring regulations under the au-
thority of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 
651 et seq.); and 
(E) the employer, excluding any 
licensed health care professional or 
board certified 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 employees. 
(c) PRESERVATION OF PROTECTIONS.—In the 
case of information to which any of para-
graphs (1) through (5) of subsection (b) ap-
plies, such information may not be used in 
violation of paragraph (1) or (2) of subsection 
(a) or treated or disclosed in a manner that 
violates section 206. 
SEC. 203. EMPLOYMENT AGENCY PRACTICES. 
(a) USE OF GENETIC INFORMATION.—It shall 
be an unlawful employment practice for an 
employment agency— 
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158 
ceive individually identifiable infor-
mation concerning the results of such 
services; and 
(D) any individually identifiable 
genetic information provided under 
subparagraph (C) in connection with 
the services provided under subpara-
graph (A) is only available for pur-
poses of such services and shall not 
be disclosed to the employment agen-
cy except in aggregate terms that do 
not disclose the identity of specific 
individuals; 
(3) where an employment agency re-
quests or requires 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 an employment agency pur-
chases documents that are commercially 
and publicly available (including news-
papers, 
magazines, 
periodicals, 
and 
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159 
books, but not including medical data-
bases or court records) that include fam-
ily 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 employment agency pro-
vides written notice of the genetic 
monitoring to the individual; 
(B)(i) 
the 
individual 
provides 
prior, knowing, voluntary, and writ-
ten authorization; or 
(ii) the genetic monitoring is re-
quired by Federal or State law; 
(C) the individual is informed of 
individual monitoring results; 
(D) the monitoring is in compli-
ance with— 
(i) any Federal genetic moni-
toring regulations, including any 
such regulations that may be pro-
mulgated by the Secretary of 
Labor pursuant to the Occupa-
tional Safety and Health Act of 
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160 
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 
regulations, in the case of a State 
that is implementing genetic mon-
itoring regulations under the au-
thority of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 
651 et seq.); and 
(E) the employment agency, ex-
cluding any licensed health care pro-
fessional or board certified genetic 
counselor that is involved in the ge-
netic monitoring program, receives 
the results of the monitoring only in 
aggregate terms that do not disclose 
the identity of specific individuals. 
(c) PRESERVATION OF PROTECTIONS.—In the 
case of information to which any of para-
graphs (1) through (5) of subsection (b) ap-
plies, such information may not be used in 
violation of paragraph (1) or (2) of subsection 
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161 
(a) or treated or disclosed in a manner that 
violates section 206. 
SEC. 204. LABOR ORGANIZATION PRACTICES. 
(a) USE OF GENETIC INFORMATION.—It shall 
be an unlawful employment practice for a 
labor organization— 
(1) to exclude or to expel from the 
membership of the organization, or other-
wise to discriminate against, any member 
because of genetic information with re-
spect to the member (or information 
about a request for or the receipt of ge-
netic services by such member or family 
member of such member); 
(2) to limit, segregate, or classify the 
members of the organization, or fail or 
refuse to refer for employment any mem-
ber, in any way that would deprive or 
tend to deprive any member of employ-
ment opportunities, or otherwise ad-
versely affect the status of the member as 
an employee, because of genetic informa-
tion with respect to the member (or infor-
mation about a request for or the receipt 
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162 
of genetic services by such member or 
family member of such member); or 
(3) to cause or attempt to cause an 
employer to discriminate against a mem-
ber in violation of this title. 
(b) ACQUISITION
OF
GENETIC
INFORMA-
TION.—It shall be an unlawful employment 
practice for a labor organization to request, 
require, or purchase genetic information with 
respect to a member or a family member of 
the member (or information about a request 
for the receipt of genetic services by such 
member or a family member of such member) 
except— 
(1) where a labor organization inad-
vertently requests or requires family 
medical history of the member or family 
member of the member; 
(2) where— 
(A) health or genetic services are 
offered by the labor organization, in-
cluding such services offered as part 
of a bona fide wellness program; 
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163 
(B) the member provides prior, 
knowing, voluntary, and written au-
thorization; 
(C) only the member (or family 
member if the family member is re-
ceiving genetic services) and the li-
censed health care professional or 
board certified genetic counselor in-
volved in providing such services re-
ceive individually identifiable infor-
mation concerning the results of such 
services; and 
(D) any individually identifiable 
genetic information provided under 
subparagraph (C) in connection with 
the services provided under subpara-
graph (A) is only available for pur-
poses of such services and shall not 
be disclosed to the labor organization 
except in aggregate terms that do not 
disclose the identity of specific mem-
bers; 
(3) where a labor organization re-
quests or requires family medical history 
from the members to comply with the 
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164 
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 a labor organization pur-
chases documents that are commercially 
and publicly available (including news-
papers, 
magazines, 
periodicals, 
and 
books, but not including medical data-
bases or court records) that include fam-
ily 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 labor organization pro-
vides written notice of the genetic 
monitoring to the member; 
(B)(i) the member provides prior, 
knowing, voluntary, and written au-
thorization; or 
(ii) the genetic monitoring is re-
quired by Federal or State law; 
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165 
(C) the member is informed of in-
dividual monitoring results; 
(D) the monitoring is in compli-
ance with— 
(i) any Federal genetic moni-
toring regulations, including any 
such regulations that may be pro-
mulgated by the Secretary of 
Labor pursuant to the Occupa-
tional 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 
regulations, in the case of a State 
that is implementing genetic mon-
itoring regulations under the au-
thority of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 
651 et seq.); and 
(E) the labor organization, exclud-
ing any licensed health care profes-
sional 
or 
board 
certified 
genetic 
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166 
counselor that is involved in the ge-
netic monitoring program, receives 
the results of the monitoring only in 
aggregate terms that do not disclose 
the identity of specific members. 
(c) PRESERVATION OF PROTECTIONS.—In the 
case of information to which any of para-
graphs (1) through (5) of subsection (b) ap-
plies, such information may not be used in 
violation of paragraph (1) or (2) of subsection 
(a) or treated or disclosed in a manner that 
violates section 206. 
SEC. 205. TRAINING PROGRAMS. 
(a) USE OF GENETIC INFORMATION.—It shall 
be an unlawful employment practice for any 
employer, labor organization, or joint labor- 
management committee controlling appren-
ticeship or other training or retraining, in-
cluding on-the-job training programs— 
(1) to discriminate against any indi-
vidual because of genetic information 
with respect to the individual (or infor-
mation about a request for or the receipt 
of genetic services by such individual or 
a family member of such individual) in 
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167 
admission to, or employment in, any pro-
gram established to provide apprentice-
ship or other training or retraining; 
(2) to limit, segregate, or classify the 
applicants for or participants in such ap-
prenticeship or other training or retrain-
ing, or fail or refuse to refer for employ-
ment any individual, in any way that 
would deprive or tend to deprive any in-
dividual of employment opportunities, or 
otherwise adversely affect the status of 
the individual as an employee, because of 
genetic information with respect to the 
individual (or information about a re-
quest for or receipt of genetic services by 
such individual or family member of such 
individual); or 
(3) to cause or attempt to cause an 
employer to discriminate against an ap-
plicant for or a participant in such ap-
prenticeship or other training or retrain-
ing in violation of this title. 
(b) ACQUISITION
OF
GENETIC
INFORMA-
TION.—It shall be an unlawful employment 
practice for an employer, labor organization, 
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168 
or joint labor-management committee de-
scribed in subsection (a) to request, require, 
or purchase genetic information with respect 
to an individual or a family member of the in-
dividual (or information about a request for 
the receipt of genetic services by such indi-
vidual or a family member of such individual) 
except— 
(1) where the employer, labor organi-
zation, or joint labor-management com-
mittee inadvertently requests or requires 
family medical history of the individual 
or family member of the individual; 
(2) where— 
(A) health or genetic services are 
offered by the employer, labor organi-
zation, 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 au-
thorization; 
(C) only the individual (or family 
member if the family member is re-
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169 
ceiving genetic services) and the li-
censed health care professional or 
board certified genetic counselor in-
volved in providing such services re-
ceive individually identifiable infor-
mation concerning the results of such 
services; 
(D) any individually identifiable 
genetic information provided under 
subparagraph (C) in connection with 
the services provided under subpara-
graph (A) is only available for pur-
poses of such services and shall not 
be disclosed to the employer, labor 
organization, or joint labor-manage-
ment committee except in aggregate 
terms that do not disclose the iden-
tity of specific individuals; 
(3) where the employer, labor organi-
zation, or joint labor-management com-
mittee requests or requires family med-
ical history from the individual to comply 
with the certification provisions of sec-
tion 103 of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2613) or such re-
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170 
quirements under State family and med-
ical leave laws; 
(4) where the employer, labor organi-
zation, or joint labor-management com-
mittee purchases documents that are 
commercially and publicly available (in-
cluding newspapers, magazines, periodi-
cals, and books, but not including med-
ical databases or court records) that in-
clude 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 organiza-
tion, or joint labor-management com-
mittee provides written notice of the 
genetic monitoring to the individual; 
(B)(i) 
the 
individual 
provides 
prior, knowing, voluntary, and writ-
ten authorization; or 
(ii) the genetic monitoring is re-
quired by Federal or State law; 
(C) the individual is informed of 
individual monitoring results; 
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171 
(D) the monitoring is in compli-
ance with— 
(i) any Federal genetic moni-
toring regulations, including any 
such regulations that may be pro-
mulgated by the Secretary of 
Labor pursuant to the Occupa-
tional 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 
regulations, in the case of a State 
that is implementing genetic mon-
itoring regulations under the au-
thority of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 
651 et seq.); and 
(E) the employer, labor organiza-
tion, or joint labor-management com-
mittee, excluding any licensed health 
care professional or board certified 
genetic counselor that is involved in 
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172 
the genetic monitoring program, re-
ceives the results of the monitoring 
only in aggregate terms that do not 
disclose the identity of specific indi-
viduals. 
(c) PRESERVATION OF PROTECTIONS.—In the 
case of information to which any of para-
graphs (1) through (5) of subsection (b) ap-
plies, such information may not be used in 
violation of paragraph (1) or (2) of subsection 
(a) or treated or disclosed in a manner that 
violates section 206. 
SEC. 206. CONFIDENTIALITY OF GENETIC INFORMATION. 
(a) TREATMENT OF INFORMATION AS PART OF 
CONFIDENTIAL MEDICAL RECORD.—If an em-
ployer, employment agency, labor organiza-
tion, or joint labor-management committee 
possesses genetic information about an em-
ployee or member (or information about a re-
quest for or receipt of genetic services by 
such employee or member or family member 
of such employee or member), such informa-
tion shall be maintained on separate forms 
and in separate medical files and be treated 
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173 
as a confidential medical record of the em-
ployee or member. 
(b) LIMITATION
ON DISCLOSURE.—An em-
ployer, employment agency, labor organiza-
tion, or joint labor-management committee 
shall not disclose genetic information con-
cerning an employee or member (or informa-
tion about a request for or receipt of genetic 
services by such employee or member or fam-
ily member of such employee or member) ex-
cept— 
(1) to the employee (or family mem-
ber if the family member is receiving the 
genetic services) or member of a labor or-
ganization at the request of the employee 
or member of such organization; 
(2) to an occupational or other health 
researcher if the research is conducted in 
compliance with the regulations and pro-
tections provided for under part 46 of 
title 45, Code of Federal Regulations; 
(3) in response to an order of a court, 
except that— 
(A) the employer, employment 
agency, labor organization, or joint 
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174 
labor-management 
committee 
may 
disclose only the genetic information 
expressly authorized by such order; 
and 
(B) if the court order was secured 
without the knowledge of the em-
ployee or member to whom the infor-
mation refers, the employer, employ-
ment agency, labor organization, or 
joint 
labor-management 
committee 
shall provide the employee or mem-
ber with adequate notice to challenge 
the court order; 
(4) to government officials who are 
investigating compliance with this title if 
the information is relevant to the inves-
tigation; or 
(5) to the extent that such disclosure 
is made in connection with the employ-
ee’s compliance 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. 
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175 
SEC. 207. REMEDIES AND ENFORCEMENT. 
(a) EMPLOYEES COVERED BY TITLE VII OF 
THE CIVIL RIGHTS ACT OF 1964.— 
(1) IN
GENERAL.—The powers, rem-
edies, and procedures provided in sec-
tions 705, 706, 707, 709, 710, and 711 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e– 
4 et seq.) to the Commission, the Attorney 
General, or any person, alleging a viola-
tion of title VII of that Act (42 U.S.C. 
2000e et seq.) shall be the powers, rem-
edies, and procedures this title provides 
to the Commission, the Attorney General, 
or any person, respectively, alleging an 
unlawful employment practice in viola-
tion of this title against an employee de-
scribed in section 201(2)(A)(i), except as 
provided in paragraphs (2) and (3). 
(2) COSTS
AND
FEES.—The powers, 
remedies, and procedures provided in 
subsections (b) and (c) of section 722 of 
the Revised Statutes (42 U.S.C. 1988), 
shall be powers, remedies, and proce-
dures this title provides to the Commis-
sion, the Attorney General, or any per-
son, alleging such a practice. 
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176 
(3) DAMAGES.—The powers, remedies, 
and procedures provided in section 1977A 
of the Revised Statutes (42 U.S.C. 1981a), 
including the limitations contained in 
subsection (b)(3) of such section 1977A, 
shall be powers, remedies, and proce-
dures this title provides to the Commis-
sion, the Attorney General, or any per-
son, alleging such a practice (not an em-
ployment practice specifically excluded 
from coverage under section 1977A(a)(1) 
of the Revised Statutes). 
(b) EMPLOYEES COVERED BY GOVERNMENT 
EMPLOYEE RIGHTS ACT OF 1991.— 
(1) IN
GENERAL.—The powers, rem-
edies, and procedures provided in sec-
tions 302 and 304 of the Government Em-
ployee Rights Act of 1991 (42 U.S.C. 
2000e–16b, 2000e–16c) to the Commission, 
or any person, alleging a violation of sec-
tion 302(a)(1) of that Act (42 U.S.C. 2000e– 
16b(a)(1)) shall be the powers, remedies, 
and procedures this title provides to the 
Commission, or any person, respectively, 
alleging an unlawful employment prac-
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177 
tice in violation of this title against an 
employee 
described 
in 
section 
201(2)(A)(ii), except as provided in para-
graphs (2) and (3). 
(2) COSTS
AND
FEES.—The powers, 
remedies, and procedures provided in 
subsections (b) and (c) of section 722 of 
the Revised Statutes (42 U.S.C. 1988), 
shall be powers, remedies, and proce-
dures this title provides to the Commis-
sion, or any person, alleging such a prac-
tice. 
(3) DAMAGES.—The powers, remedies, 
and procedures provided in section 1977A 
of the Revised Statutes (42 U.S.C. 1981a), 
including the limitations contained in 
subsection (b)(3) of such section 1977A, 
shall be powers, remedies, and proce-
dures this title provides to the Commis-
sion, or any person, alleging such a prac-
tice (not an employment practice specifi-
cally excluded from coverage under sec-
tion 1977A(a)(1) of the Revised Statutes). 
(c) EMPLOYEES COVERED BY CONGRESSIONAL 
ACCOUNTABILITY ACT OF 1995.— 
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178 
(1) IN
GENERAL.—The powers, rem-
edies, and procedures provided in the 
Congressional Accountability Act of 1995 
(2 U.S.C. 1301 et seq.) to the Board (as de-
fined in section 101 of that Act (2 U.S.C. 
1301)), or any person, alleging a violation 
of section 201(a)(1) of that Act (42 U.S.C. 
1311(a)(1)) shall be the powers, remedies, 
and procedures this title provides to that 
Board, or any person, alleging an unlaw-
ful employment practice in violation of 
this title against an employee described 
in section 201(2)(A)(iii), except as pro-
vided in paragraphs (2) and (3). 
(2) COSTS
AND
FEES.—The powers, 
remedies, and procedures provided in 
subsections (b) and (c) of section 722 of 
the Revised Statutes (42 U.S.C. 1988), 
shall be powers, remedies, and proce-
dures this title provides to that Board, or 
any person, alleging such a practice. 
(3) DAMAGES.—The powers, remedies, 
and procedures provided in section 1977A 
of the Revised Statutes (42 U.S.C. 1981a), 
including the limitations contained in 
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179 
subsection (b)(3) of such section 1977A, 
shall be powers, remedies, and proce-
dures this title provides to that Board, or 
any person, alleging such a practice (not 
an employment practice specifically ex-
cluded 
from 
coverage 
under 
section 
1977A(a)(1) of the Revised Statutes). 
(4) OTHER
APPLICABLE
PROVISIONS.— 
With respect to a claim alleging a prac-
tice described in paragraph (1), title III of 
the Congressional Accountability Act of 
1995 (2 U.S.C. 1381 et seq.) shall apply in 
the same manner as such title applies 
with respect to a claim alleging a viola-
tion of section 201(a)(1) of such Act (2 
U.S.C. 1311(a)(1)). 
(d) EMPLOYEES COVERED BY CHAPTER 5 OF 
TITLE 3, UNITED STATES CODE.— 
(1) IN
GENERAL.—The powers, rem-
edies, and procedures provided in chap-
ter 5 of title 3, United States Code, to the 
President, the Commission, the Merit Sys-
tems Protection Board, or any person, al-
leging a violation of section 411(a)(1) of 
that title, shall be the powers, remedies, 
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180 
and procedures this title provides to the 
President, the Commission, such Board, 
or any person, respectively, alleging an 
unlawful employment practice in viola-
tion of this title against an employee de-
scribed in section 201(2)(A)(iv), except as 
provided in paragraphs (2) and (3). 
(2) COSTS
AND
FEES.—The powers, 
remedies, and procedures provided in 
subsections (b) and (c) of section 722 of 
the Revised Statutes (42 U.S.C. 1988), 
shall be powers, remedies, and proce-
dures this title provides to the President, 
the Commission, such Board, or any per-
son, alleging such a practice. 
(3) DAMAGES.—The powers, remedies, 
and procedures provided in section 1977A 
of the Revised Statutes (42 U.S.C. 1981a), 
including the limitations contained in 
subsection (b)(3) of such section 1977A, 
shall be powers, remedies, and proce-
dures this title provides to the President, 
the Commission, such Board, or any per-
son, alleging such a practice (not an em-
ployment practice specifically excluded 
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181 
from coverage under section 1977A(a)(1) 
of the Revised Statutes). 
(e) EMPLOYEES COVERED BY SECTION 717 OF 
THE CIVIL RIGHTS ACT OF 1964.— 
(1) IN
GENERAL.—The powers, rem-
edies, and procedures provided in section 
717 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–16) to the Commission, the 
Attorney General, the Librarian of Con-
gress, or any person, alleging a violation 
of that section shall be the powers, rem-
edies, and procedures this title provides 
to the Commission, the Attorney General, 
the Librarian of Congress, or any person, 
respectively, alleging an unlawful em-
ployment practice in violation of this title 
against an employee or applicant de-
scribed in section 201(2)(A)(v), except as 
provided in paragraphs (2) and (3). 
(2) COSTS
AND
FEES.—The powers, 
remedies, and procedures provided in 
subsections (b) and (c) of section 722 of 
the Revised Statutes (42 U.S.C. 1988), 
shall be powers, remedies, and proce-
dures this title provides to the Commis-
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182 
sion, the Attorney General, the Librarian 
of Congress, or any person, alleging such 
a practice. 
(3) DAMAGES.—The powers, remedies, 
and procedures provided in section 1977A 
of the Revised Statutes (42 U.S.C. 1981a), 
including the limitations contained in 
subsection (b)(3) of such section 1977A, 
shall be powers, remedies, and proce-
dures this title provides to the Commis-
sion, the Attorney General, the Librarian 
of Congress, or any person, alleging such 
a practice (not an employment practice 
specifically 
excluded 
from 
coverage 
under section 1977A(a)(1) of the Revised 
Statutes). 
(f) DEFINITION.—In this section, the term 
‘‘Commission’’ means the Equal Employment 
Opportunity Commission. 
SEC. 208. DISPARATE IMPACT. 
(a) GENERAL RULE.—Notwithstanding any 
other provision of this Act, ‘‘disparate im-
pact’’, as that term is used in section 703(k) of 
the Civil Rights Act of 1964 (42 U.S.C. 2000e– 
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183 
2(k)), on the basis of genetic information does 
not establish a cause of action under this Act. 
(b) COMMISSION.—On the date that is 6 
years after the date of enactment of this Act, 
there shall be established a commission, to be 
known as the Genetic Nondiscrimination 
Study Commission (referred to in this section 
as the ‘‘Commission’’) to review the devel-
oping science of genetics and to make rec-
ommendations to Congress regarding wheth-
er to provide a disparate impact cause of ac-
tion under this Act. 
(c) MEMBERSHIP.— 
(1) 
IN
GENERAL.—The 
Commission 
shall be composed of 8 members, of 
which— 
(A) 1 member shall be appointed 
by the Majority Leader of the Senate; 
(B) 1 member shall be appointed 
by the Minority Leader of the Senate; 
(C) 1 member shall be appointed 
by the Chairman of the Committee on 
Health, Education, Labor, and Pen-
sions of the Senate; 
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184 
(D) 1 member shall be appointed 
by the ranking minority member of 
the Committee on Health, Education, 
Labor, and Pensions of the Senate; 
(E) 1 member shall be appointed 
by the Speaker of the House of Rep-
resentatives; 
(F) 1 member shall be appointed 
by the Minority Leader of the House 
of Representatives; 
(G) 1 member shall be appointed 
by the Chairman of the Committee on 
Education and the Workforce of the 
House of Representatives; and 
(H) 1 member shall be appointed 
by the ranking minority member of 
the Committee on Education and the 
Workforce of the House of Represent-
atives. 
(2) COMPENSATION AND EXPENSES.—The 
members of the Commission shall not re-
ceive compensation for the performance 
of services for the Commission, but shall 
be allowed travel expenses, including per 
diem in lieu of subsistence, at rates au-
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185 
thorized for employees of agencies under 
subchapter I of chapter 57 of title 5, 
United States Code, while away from 
their homes or regular places of business 
in the performance of services for the 
Commission. 
(d) ADMINISTRATIVE PROVISIONS.— 
(1) LOCATION.—The Commission shall 
be located in a facility maintained by the 
Equal Employment Opportunity Commis-
sion. 
(2) DETAIL
OF
GOVERNMENT
EMPLOY-
EES.—Any Federal Government employee 
may be detailed to the Commission with-
out reimbursement, and such detail shall 
be without interruption or loss of civil 
service status or privilege. 
(3) INFORMATION FROM FEDERAL AGEN-
CIES.—The Commission may secure di-
rectly from any Federal department or 
agency such information as the Commis-
sion considers necessary to carry out the 
provisions of this section. Upon request 
of the Commission, the head of such de-
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186 
partment or agency shall furnish such in-
formation to the Commission. 
(4) HEARINGS.—The Commission may 
hold such hearings, sit and act at such 
times and places, take such testimony, 
and receive such evidence as the Com-
mission considers advisable to carry out 
the objectives of this section, except that, 
to the extent possible, the Commission 
shall use existing data and research. 
(5) POSTAL
SERVICES.—The Commis-
sion may use the United States mails in 
the same manner and under the same 
conditions as other departments and 
agencies of the Federal Government. 
(e) REPORT.—Not later than 1 year after all 
of the members are appointed to the Commis-
sion under subsection (c)(1), the Commission 
shall submit to Congress a report that summa-
rizes the findings of the Commission and 
makes such recommendations for legislation 
as are consistent with this Act. 
(f) AUTHORIZATION
OF APPROPRIATIONS.— 
There are authorized to be appropriated to 
the Equal Employment Opportunity Commis-
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187 
sion such sums as may be necessary to carry 
out this section. 
SEC. 209. CONSTRUCTION. 
Nothing in this title shall be construed 
to— 
(1) limit the rights or protections of 
an individual under the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.), including coverage afforded to indi-
viduals under section 102 of such Act (42 
U.S.C. 12112), or under the Rehabilitation 
Act of 1973 (29 U.S.C. 701 et seq.); 
(2)(A) limit the rights or protections 
of an individual to bring an action under 
this title against an employer, employ-
ment agency, labor organization, or joint 
labor-management committee for a viola-
tion of this title; or 
(B) establish a violation under this 
title for an employer, employment agen-
cy, labor organization, or joint labor-man-
agement committee of a provision of the 
amendments made by title I; 
(3) limit the rights or protections of 
an individual under any other Federal or 
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188 
State statute that provides equal or 
greater protection to an individual than 
the rights or protections provided for 
under this title; 
(4) apply to the Armed Forces Reposi-
tory of Specimen Samples for the Identi-
fication of Remains; 
(5) limit or expand the protections, 
rights, or obligations of employees or em-
ployers under applicable workers’ com-
pensation laws; 
(6) limit the authority of a Federal de-
partment or agency to conduct or spon-
sor occupational or other health research 
that is conducted in compliance with the 
regulations contained in part 46 of title 
45, Code of Federal Regulations (or any 
corresponding or similar regulation or 
rule); and 
(7) limit the statutory or regulatory 
authority of the Occupational Safety and 
Health Administration or the Mine Safety 
and Health Administration to promulgate 
or enforce workplace safety and health 
laws and regulations. 
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189 
SEC. 210. MEDICAL INFORMATION THAT IS NOT GENETIC 
INFORMATION. 
An employer, employment agency, labor 
organization, or joint labor-management com-
mittee shall not be considered to be in viola-
tion of this title based on the use, acquisition, 
or disclosure of medical information that is 
not genetic information about a manifested 
disease, disorder, or pathological condition of 
an employee or member, including a mani-
fested disease, disorder, or pathological con-
dition that has or may have a genetic basis. 
SEC. 211. REGULATIONS. 
Not later than 1 year after the date of en-
actment of this title, the Commission shall 
issue final regulations in an accessible format 
to carry out this title. 
SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated 
such sums as may be necessary to carry out 
this title (except for section 208). 
SEC. 213. EFFECTIVE DATE. 
This title takes effect on the date that is 
18 months after the date of enactment of this 
Act. 
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190 
TITLE III—MISCELLANEOUS 
PROVISION 
SEC. 301. SEVERABILITY. 
If any provision of this Act, an amend-
ment made by this Act, or the application of 
such provision or amendment to any person 
or circumstance is held to be unconstitu-
tional, the remainder of this Act, the amend-
ments made by this Act, and the application 
of such provisions to any person or cir-
cumstance shall not be affected thereby. 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as 
the ‘‘Genetic Information Nondiscrimination 
Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of con-
tents of this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
TITLE I—GENETIC NONDISCRIMINATION IN HEALTH 
INSURANCE 
Sec. 101. Amendments to Employee Retirement Income Security 
Act of 1974. 
Sec. 102. Amendments to the Public Health Service Act. 
Sec. 103. Amendments to title XVIII of the Social Security Act 
relating to medigap. 
Sec. 104. Privacy and confidentiality. 
Sec. 104A. Privacy and confidentiality. 
Sec. 105. Assuring coordination. 
Sec. 106. Relationship to title II with respect to enforcement. 
Sec. 107. Regulations; effective date. 
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191 
TITLE II—PROHIBITING EMPLOYMENT DISCRIMINATION 
ON THE BASIS OF GENETIC INFORMATION 
Sec. 201. Definitions. 
Sec. 202. Employer practices. 
Sec. 203. Employment agency practices. 
Sec. 204. Labor organization practices. 
Sec. 205. Training programs. 
Sec. 206. Confidentiality of genetic information. 
Sec. 207. Remedies and enforcement. 
Sec. 208. Disparate impact. 
Sec. 209. Construction. 
Sec. 210. Medical information that is not genetic information. 
Sec. 211. Regulations. 
Sec. 212. Authorization of appropriations. 
Sec. 213. Effective date. 
TITLE III—MISCELLANEOUS PROVISION 
Sec. 301. Severability. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Deciphering the sequence of the 
human genome and other advances in ge-
netics open major new opportunities for 
medical progress. New knowledge about 
the genetic basis of illness will allow for 
earlier detection of illnesses, often before 
symptoms have begun. Genetic testing can 
allow individuals to take steps to reduce 
the likelihood that they will contract a 
particular disorder. New knowledge about 
genetics may allow for the development of 
better therapies that are more effective 
against disease or have fewer side effects 
than current treatments. These advances 
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192 
give rise to the potential misuse of genetic 
information to discriminate in health in-
surance and employment. 
(2) The early science of genetics be-
came the basis of State laws that provided 
for the sterilization of persons having pre-
sumed genetic ‘‘defects’’ such as mental 
retardation, 
mental 
disease, 
epilepsy, 
blindness, and hearing loss, among other 
conditions. The first sterilization law was 
enacted in the State of Indiana in 1907. 
By 1981, a majority of States adopted ster-
ilization laws to ‘‘correct’’ apparent ge-
netic traits or tendencies. Many of these 
State laws have since been repealed, and 
many have been modified to include essen-
tial constitutional requirements of due 
process and equal protection. However, 
the current explosion in the science of ge-
netics, and the history of sterilization 
laws by the States based on early genetic 
science, compels Congressional action in 
this area. 
(3) Although genes are facially neu-
tral markers, many genetic conditions 
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193 
and disorders are associated with par-
ticular racial and ethnic groups and gen-
der. Because some genetic traits are most 
prevalent in particular groups, members 
of a particular group may be stigmatized 
or discriminated against as a result of 
that genetic information. This form of dis-
crimination was evident in the 1970s, 
which saw the advent of programs to 
screen and identify carriers of sickle cell 
anemia, a disease which afflicts African- 
Americans. Once again, State legislatures 
began to enact discriminatory laws in the 
area, and in the early 1970s began man-
dating genetic screening of all African 
Americans for sickle cell anemia, leading 
to discrimination and unnecessary fear. 
To alleviate some of this stigma, Congress 
in 1972 passed the National Sickle Cell 
Anemia Control Act, which withholds Fed-
eral funding from States unless sickle cell 
testing is voluntary. 
(4) Congress has been informed of ex-
amples of genetic discrimination in the 
workplace. These include the use of pre- 
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194 
employment genetic screening at Law-
rence Berkeley Laboratory, which led to a 
court decision in favor of the employees in 
that case Norman-Bloodsaw v. Lawrence 
Berkeley Laboratory (135 F.3d 1260, 1269 
(9th Cir. 1998)). Congress clearly has a 
compelling public interest in relieving the 
fear of discrimination and in prohibiting 
its actual practice in employment and 
health insurance. 
(5) Federal law addressing genetic 
discrimination in health insurance and 
employment is incomplete in both the 
scope and depth of its protections. More-
over, while many States have enacted 
some type of genetic non-discrimination 
law, these laws vary widely with respect to 
their approach, application, and level of 
protection. Congress has collected sub-
stantial evidence that the American pub-
lic and the medical community find the 
existing patchwork of State and Federal 
laws to be confusing and inadequate to 
protect them from discrimination. There-
fore Federal legislation establishing a na-
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195 
tional and uniform basic standard is nec-
essary to fully protect the public from dis-
crimination and allay their concerns 
about the potential for discrimination, 
thereby allowing individuals to take ad-
vantage of genetic testing, technologies, 
research, and new therapies. 
TITLE 
I—GENETIC 
NON-
DISCRIMINATION IN HEALTH 
INSURANCE 
SEC. 101. AMENDMENTS TO EMPLOYEE RETIREMENT IN-
COME SECURITY ACT OF 1974. 
(a) PROHIBITION
OF HEALTH DISCRIMINA-
TION ON THE BASIS OF GENETIC INFORMATION OR 
GENETIC SERVICES.— 
(1) NO
ENROLLMENT
RESTRICTION
FOR 
GENETIC SERVICES.—Section 702(a)(1)(F) of 
the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1182(a)(1)(F)) is 
amended by inserting before the period 
the following: ‘‘(including information 
about a request for or receipt of genetic 
services by an individual or family mem-
ber of such individual)’’. 
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196 
(2) NO DISCRIMINATION IN GROUP PRE-
MIUMS
BASED
ON
GENETIC
INFORMATION.— 
Section 702(b) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 
1182(b)) is amended— 
(A) in paragraph (2)(A), by insert-
ing before the semicolon the following: 
‘‘except as provided in paragraph (3)’’; 
and 
(B) by adding at the end the fol-
lowing: 
‘‘(3) NO DISCRIMINATION IN GROUP PRE-
MIUMS
BASED
ON
GENETIC
INFORMATION.— 
For purposes of this section, a group 
health plan, or a health insurance issuer 
offering group health insurance coverage 
in connection with a group health plan, 
shall not adjust premium or contribution 
amounts for a group on the basis of ge-
netic information concerning an indi-
vidual 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 mem-
ber of such individual).’’. 
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197 
(b) LIMITATIONS ON GENETIC TESTING.—Sec-
tion 702 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1182) is amend-
ed by adding at the end the following: 
‘‘(c) GENETIC TESTING.— 
‘‘(1) LIMITATION ON REQUESTING OR RE-
QUIRING GENETIC TESTING.—A group health 
plan, or a health insurance issuer offer-
ing health insurance coverage in connec-
tion with a group health plan, shall not 
request or require an individual or a fam-
ily member of such individual to undergo 
a genetic test. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing 
in this part shall be construed to— 
‘‘(A) limit the authority of a 
health care professional who is pro-
viding health care services with re-
spect to an individual to request 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 em-
ployed by or affiliated with a group 
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198 
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 no-
tify such individual of the availability 
of a genetic test or to provide informa-
tion to such individual regarding 
such genetic test; or 
‘‘(C) authorize or permit a health 
care professional to require that an 
individual undergo a genetic test. 
‘‘(d) APPLICATION TO ALL PLANS.—The pro-
visions of subsections (a)(1)(F), (b)(3), and (c) 
shall apply to group health plans and health 
insurance issuers without regard to section 
732(a).’’. 
(c) REMEDIES AND ENFORCEMENT.—Section 
502 of the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C. 1132) is amended by 
adding at the end the following: 
‘‘(n) 
ENFORCEMENT
OF
GENETIC
NON-
DISCRIMINATION REQUIREMENTS.— 
‘‘(1) INJUNCTIVE
RELIEF
FOR
IRREP-
ARABLE HARM.—With respect to any viola-
tion of subsection (a)(1)(F), (b)(3), or (c) of 
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199 
section 702, a participant or beneficiary 
may 
seek 
relief 
under 
subsection 
502(a)(1)(B) prior to the exhaustion of 
available administrative remedies under 
section 503 if it is demonstrated to the 
court, by a preponderance of the evidence, 
that the exhaustion of such remedies 
would cause irreparable harm to the 
health of the participant or beneficiary. 
Any determinations that already have 
been made under section 503 in such case, 
or that are made in such case while an 
action under this paragraph is pending, 
shall be given due consideration by the 
court in any action under this subsection 
in such case. 
‘‘(2) EQUITABLE
RELIEF
FOR
GENETIC 
NONDISCRIMINATION.— 
‘‘(A) REINSTATEMENT
OF
BENEFITS 
WHERE
EQUITABLE
RELIEF
HAS
BEEN 
AWARDED.—The recovery of benefits by 
a participant or beneficiary under a 
civil action under this section may in-
clude 
an 
administrative 
penalty 
under subparagraph (B) and the ret-
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200 
roactive reinstatement of coverage 
under the plan involved to the date on 
which the participant or beneficiary 
was denied eligibility for coverage if— 
‘‘(i) the civil action was com-
menced 
under 
subsection 
(a)(1)(B); and 
‘‘(ii) the denial of coverage on 
which such civil action was based 
constitutes a violation of sub-
section (a)(1)(F), (b)(3), or (c) of 
section 702. 
‘‘(B) ADMINISTRATIVE PENALTY.— 
‘‘(i) IN GENERAL.—An adminis-
trator who fails to comply with the 
requirements 
of 
subsection 
(a)(1)(F), (b)(3), or (c) of section 
702 with respect to a participant 
or beneficiary may, in an action 
commenced 
under 
subsection 
(a)(1)(B), be personally liable in 
the discretion of the court, for a 
penalty in the amount not more 
than $100 for each day in the non-
compliance period. 
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201 
‘‘(ii) NONCOMPLIANCE PERIOD.— 
For purposes of clause (i), the 
term 
‘noncompliance 
period’ 
means the period— 
‘‘(I) beginning on the date 
that a failure described in 
clause (i) occurs; and 
‘‘(II) ending on the date 
that such failure is corrected. 
‘‘(iii) PAYMENT TO PARTICIPANT 
OR
BENEFICIARY.—A penalty col-
lected under this subparagraph 
shall be paid to the participant or 
beneficiary involved. 
‘‘(3) SECRETARIAL
ENFORCEMENT
AU-
THORITY.— 
‘‘(A) 
GENERAL
RULE.—The 
Sec-
retary has the authority to impose a 
penalty on any failure of a group 
health plan to meet the requirements 
of subsection (a)(1)(F), (b)(3), or (c) of 
section 702. 
‘‘(B) AMOUNT.— 
‘‘(i) IN GENERAL.—The amount 
of the penalty imposed by sub-
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202 
paragraph (A) shall be $100 for 
each day in the noncompliance pe-
riod with respect to each indi-
vidual to whom such failure re-
lates. 
‘‘(ii) NONCOMPLIANCE PERIOD.— 
For purposes of this paragraph, 
the term ‘noncompliance period’ 
means, with respect to any failure, 
the period— 
‘‘(I) beginning on the date 
such failure first occurs; and 
‘‘(II) ending on the date 
such failure is corrected. 
‘‘(C) MINIMUM
PENALTIES
WHERE 
FAILURE
DISCOVERED.—Notwith-
standing clauses (i) and (ii) of sub-
paragraph (D): 
‘‘(i) IN GENERAL.—In the case of 
1 or more failures with respect to 
an individual— 
‘‘(I) which are not cor-
rected 
before 
the 
date 
on 
which the plan receives a no-
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203 
tice from the Secretary of such 
violation; and 
‘‘(II) which occurred or 
continued during the period 
involved; 
the amount of penalty imposed by 
subparagraph (A) by reason of 
such failures with respect to such 
individual shall not be less than 
$2,500. 
‘‘(ii) HIGHER MINIMUM PENALTY 
WHERE VIOLATIONS ARE MORE THAN 
DE
MINIMIS.—To the extent viola-
tions for which any person is lia-
ble under this paragraph for any 
year are more than de minimis, 
clause (i) shall be applied by sub-
stituting ‘$15,000’ for ‘$2,500’ with 
respect to such person. 
‘‘(D) LIMITATIONS.— 
‘‘(i) PENALTY
NOT
TO
APPLY 
WHERE FAILURE NOT DISCOVERED EX-
ERCISING REASONABLE DILIGENCE.— 
No penalty shall be imposed by 
subparagraph (A) on any failure 
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204 
during any period for which it is 
established to the satisfaction of 
the Secretary that the person oth-
erwise liable for such penalty did 
not know, and exercising reason-
able diligence would not have 
known, that such failure existed. 
‘‘(ii) PENALTY NOT TO APPLY TO 
FAILURES
CORRECTED
WITHIN
CER-
TAIN PERIODS.—No penalty shall be 
imposed by subparagraph (A) on 
any failure if— 
‘‘(I) such failure was due 
to reasonable cause and not to 
willful neglect; and 
‘‘(II) such failure is cor-
rected during the 30-day pe-
riod beginning on the first 
date the person otherwise lia-
ble for such penalty knew, or 
exercising 
reasonable 
dili-
gence would have known, that 
such failure existed. 
‘‘(iii) OVERALL LIMITATION FOR 
UNINTENTIONAL
FAILURES.—In the 
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205 
case of failures which are due to 
reasonable cause and not to will-
ful neglect, the penalty imposed by 
subparagraph 
(A) 
for 
failures 
shall not exceed the amount equal 
to the lesser of— 
‘‘(I) 10 percent of the ag-
gregate amount paid or in-
curred by the employer (or 
predecessor employer) during 
the preceding taxable year for 
group health plans; or 
‘‘(II) $500,000. 
‘‘(E) WAIVER BY SECRETARY.—In the 
case of a failure which is due to rea-
sonable cause and not to willful ne-
glect, the Secretary may waive part or 
all of the penalty imposed by subpara-
graph (A) to the extent that the pay-
ment of such penalty would be exces-
sive relative to the failure involved.’’. 
(d) DEFINITIONS.—Section 733(d) of the Em-
ployee Retirement Income Security Act of 1974 
(29 U.S.C. 1191b(d)) is amended by adding at 
the end the following: 
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206 
‘‘(5) FAMILY MEMBER.—The term ‘family 
member’ means with respect to an indi-
vidual— 
‘‘(A) the spouse of the individual; 
‘‘(B) a dependent child of the indi-
vidual, including a child who is born 
to or placed for adoption with the in-
dividual; and 
‘‘(C) all other individuals related 
by blood to the individual or the 
spouse or child described in subpara-
graph (A) or (B). 
‘‘(6) GENETIC INFORMATION.— 
‘‘(A) IN
GENERAL.—Except as pro-
vided in subparagraph (B), the term 
‘genetic information’ means informa-
tion about— 
‘‘(i) an individual’s genetic 
tests; 
‘‘(ii) the genetic tests of family 
members of the individual; or 
‘‘(iii) the occurrence of a dis-
ease or disorder in family mem-
bers of the individual. 
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207 
‘‘(B) EXCLUSIONS.—The term ‘ge-
netic information’ shall not include 
information about the sex or age of an 
individual. 
‘‘(7) GENETIC TEST.— 
‘‘(A) IN
GENERAL.—The term ‘ge-
netic 
test’ 
means 
an 
analysis 
of 
human DNA, RNA, chromosomes, pro-
teins, or metabolites, that detects 
genotypes, mutations, or chromosomal 
changes. 
‘‘(B) EXCEPTIONS.—The term ‘ge-
netic test’ does not mean— 
‘‘(i) an analysis of proteins or 
metabolites that does not detect 
genotypes, mutations, or chromo-
somal changes; or 
‘‘(ii) 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 professional with ap-
propriate training and expertise 
in the field of medicine involved. 
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208 
‘‘(8) GENETIC SERVICES.—The term ‘ge-
netic services’ means— 
‘‘(A) a genetic test; 
‘‘(B) genetic counseling (such as 
obtaining, interpreting, or assessing 
genetic information); or 
‘‘(C) genetic education.’’. 
(e) REGULATIONS AND EFFECTIVE DATE.— 
(1) REGULATIONS.—Not later than 1 
year after the date of enactment of this 
title, the Secretary of Labor shall issue 
final regulations in an accessible format 
to carry out the amendments made by this 
section. 
(2) EFFECTIVE DATE.—The amendments 
made by this section shall apply with re-
spect to group health plans for plan years 
beginning after the date that is 18 months 
after the date of enactment of this title. 
SEC. 102. AMENDMENTS TO THE PUBLIC HEALTH SERVICE 
ACT. 
(a) AMENDMENTS RELATING TO THE GROUP 
MARKET.— 
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209 
(1) PROHIBITION OF HEALTH DISCRIMINA-
TION ON THE BASIS OF GENETIC INFORMATION 
OR GENETIC SERVICES.— 
(A) NO
ENROLLMENT
RESTRICTION 
FOR
GENETIC
SERVICES.—Section 
2702(a)(1)(F) of the Public Health 
Service 
Act 
(42 
U.S.C. 
300gg– 
1(a)(1)(F)) is amended by inserting be-
fore the period the following: ‘‘(includ-
ing information about a request for or 
receipt of genetic services by an indi-
vidual or family member of such indi-
vidual)’’. 
(B) NO
DISCRIMINATION
IN
GROUP 
PREMIUMS BASED ON GENETIC INFORMA-
TION.—Section 2702(b) of the Public 
Health Service Act (42 U.S.C. 300gg– 
1(b)) is amended— 
(i) in paragraph (2)(A), by in-
serting before the semicolon the 
following: ‘‘, except as provided in 
paragraph (3)’’; and 
(ii) by adding at the end the 
following: 
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210 
‘‘(3) NO DISCRIMINATION IN GROUP PRE-
MIUMS
BASED
ON
GENETIC
INFORMATION.— 
For purposes of this section, a group 
health plan, or a health insurance issuer 
offering group health insurance coverage 
in connection with a group health plan, 
shall not adjust premium or contribution 
amounts for a group on the basis of ge-
netic information concerning an indi-
vidual 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 mem-
ber of such individual).’’. 
(2) LIMITATIONS ON GENETIC TESTING.— 
Section 2702 of the Public Health Service 
Act (42 U.S.C. 300gg–1) is amended by 
adding at the end the following: 
‘‘(c) GENETIC TESTING.— 
‘‘(1) LIMITATION ON REQUESTING OR RE-
QUIRING GENETIC TESTING.—A group health 
plan, or a health insurance issuer offer-
ing health insurance coverage in connec-
tion with a group health plan, shall not 
request or require an individual or a fam-
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211 
ily member of such individual to undergo 
a genetic test. 
‘‘(2) CERTAIN
RULES
OF
CONSTRUC-
TION.—Nothing in this part shall be con-
strued to— 
‘‘(A) limit the authority of a 
health care professional who is pro-
viding health care services with re-
spect to an individual to request 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 em-
ployed 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 no-
tify such individual of the availability 
of a genetic test or to provide informa-
tion to such individual regarding 
such genetic test; or 
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212 
‘‘(C) authorize or permit a health 
care professional to require that an 
individual undergo a genetic test. 
‘‘(3) RULE OF CONSTRUCTION REGARDING 
PAYMENT.— 
‘‘(A) IN GENERAL.—Subject to sub-
paragraph (B), nothing in paragraph 
(1) shall be construed to preclude a 
group health plan, or a health insur-
ance issuer offering health insurance 
coverage in connection with a group 
health plan, from conditioning pay-
ment on obtaining the results of a ge-
netic test or informing members of 
such policies. For purpose of the pre-
ceding sentence, the term ‘payment’ 
includes 
reimbursement, 
billing, 
claims management, claims adjudica-
tion, review of health care services 
with respect to medical necessity, cov-
erage under a health plan, appro-
priateness of care, or justification of 
charges, and utilization review (in-
cluding precertification, prior author-
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213 
ization, concurrent and retrospective 
review). 
‘‘(B) LIMITATION.—For purposes of 
subparagraph (A), a group health 
plan, or a health insurance issuer of-
fering health insurance coverage in 
connection with a group health plan, 
may 
request 
only 
the 
minimum 
amount of information necessary to 
accomplish the intended purpose. 
‘‘(d) APPLICATION TO ALL PLANS.—The pro-
visions of subsections (a)(1)(F), (b)(3), and (c) 
shall apply to group health plans and health 
insurance issuers without regard to section 
2721(a). 
‘‘(e) GENETIC INFORMATION OF A FETUS OR 
EMBRYO.—Any reference in this section to ge-
netic information concerning an individual or 
family member of an individual shall— 
‘‘(1) with respect to such an indi-
vidual or family member of an individual 
who is a pregnant woman, include genetic 
information of any fetus carried by such 
pregnant woman; and 
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214 
‘‘(2) with respect to an individual or 
family member utilizing an assisted re-
productive technology, include genetic in-
formation of any embryo legally held by 
the individual or family member.’’. 
(3) REMEDIES AND ENFORCEMENT.—Sec-
tion 2722(b) of the Public Health Service 
Act (42 U.S.C. 300gg–22(b)) is amended by 
adding at the end the following: 
‘‘(3) ENFORCEMENT AUTHORITY RELATING 
TO GENETIC DISCRIMINATION.— 
‘‘(A) GENERAL RULE.—In the cases 
described in paragraph (1), notwith-
standing the provisions of paragraph 
(2)(C), the following provisions shall 
apply with respect to an action under 
this subsection by the Secretary with 
respect to any failure of a health in-
surance issuer in connection with a 
group health plan, to meet the re-
quirements of subsection (a)(1)(F), 
(b)(3), or (c) of section 2702 or section 
2701 or 2702(b)(1) with respect to ge-
netic information. 
‘‘(B) AMOUNT.— 
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215 
‘‘(i) IN GENERAL.—The amount 
of the penalty imposed under this 
paragraph shall be $100 for each 
day in the noncompliance period 
with respect to each individual to 
whom such failure relates. 
‘‘(ii) NONCOMPLIANCE PERIOD.— 
For purposes of this paragraph, 
the term ‘noncompliance period’ 
means, with respect to any failure, 
the period— 
‘‘(I) beginning on the date 
such failure first occurs; and 
‘‘(II) ending on the date 
such failure is corrected. 
‘‘(C) MINIMUM
PENALTIES
WHERE 
FAILURE
DISCOVERED.—Notwith-
standing clauses (i) and (ii) of sub-
paragraph (D): 
‘‘(i) IN GENERAL.—In the case of 
1 or more failures with respect to 
an individual— 
‘‘(I) which are not cor-
rected 
before 
the 
date 
on 
which the plan receives a no-
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216 
tice from the Secretary of such 
violation; and 
‘‘(II) which occurred or 
continued during the period 
involved; 
the amount of penalty imposed by 
subparagraph (A) by reason of 
such failures with respect to such 
individual shall not be less than 
$2,500. 
‘‘(ii) HIGHER MINIMUM PENALTY 
WHERE VIOLATIONS ARE MORE THAN 
DE
MINIMIS.—To the extent viola-
tions for which any person is lia-
ble under this paragraph for any 
year are more than de minimis, 
clause (i) shall be applied by sub-
stituting ‘$15,000’ for ‘$2,500’ with 
respect to such person. 
‘‘(D) LIMITATIONS.— 
‘‘(i) PENALTY
NOT
TO
APPLY 
WHERE FAILURE NOT DISCOVERED EX-
ERCISING REASONABLE DILIGENCE.— 
No penalty shall be imposed by 
subparagraph (A) on any failure 
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217 
during any period for which it is 
established to the satisfaction of 
the Secretary that the person oth-
erwise liable for such penalty did 
not know, and exercising reason-
able diligence would not have 
known, that such failure existed. 
‘‘(ii) PENALTY NOT TO APPLY TO 
FAILURES
CORRECTED
WITHIN
CER-
TAIN PERIODS.—No penalty shall be 
imposed by subparagraph (A) on 
any failure if— 
‘‘(I) such failure was due 
to reasonable cause and not to 
willful neglect; and 
‘‘(II) such failure is cor-
rected during the 30-day pe-
riod beginning on the first 
date the person otherwise lia-
ble for such penalty knew, or 
exercising 
reasonable 
dili-
gence would have known, that 
such failure existed. 
‘‘(iii) OVERALL LIMITATION FOR 
UNINTENTIONAL
FAILURES.—In the 
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218 
case of failures which are due to 
reasonable cause and not to will-
ful neglect, the penalty imposed by 
subparagraph 
(A) 
for 
failures 
shall not exceed the amount equal 
to the lesser of— 
‘‘(I) 10 percent of the ag-
gregate amount paid or in-
curred by the employer (or 
predecessor employer) during 
the preceding taxable year for 
group health plans; or 
‘‘(II) $500,000. 
‘‘(E) WAIVER BY SECRETARY.—In the 
case of a failure which is due to rea-
sonable cause and not to willful ne-
glect, the Secretary may waive part or 
all of the penalty imposed by subpara-
graph (A) to the extent that the pay-
ment of such penalty would be exces-
sive relative to the failure involved.’’. 
(4) DEFINITIONS.—Section 2791(d) of 
the Public Health Service Act (42 U.S.C. 
300gg–91(d)) is amended by adding at the 
end the following: 
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219 
‘‘(15) FAMILY MEMBER.—The term ‘fam-
ily member’ means, with respect to any in-
dividual— 
‘‘(A) a dependent (as such term is 
used for purposes of section 2701(f)(2)) 
of such individual; and 
‘‘(B) any other individual who is a 
first-degree, second-degree, third-de-
gree, or fourth-degree relative of such 
individual or of an individual de-
scribed in subparagraph (A). 
‘‘(16) GENETIC INFORMATION.— 
‘‘(A) IN
GENERAL.—The term ‘ge-
netic information’ means information 
about— 
‘‘(i) an individual’s genetic 
tests; 
‘‘(ii) the genetic tests of family 
members of the individual; or 
‘‘(iii) the occurrence of a dis-
ease or disorder in family mem-
bers of the individual. 
‘‘(B) INCLUSION
OF
GENETIC
SERV-
ICES AND PARTICIPATION IN GENETIC RE-
SEARCH.—Such term includes, with re-
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220 
spect to any individual, any request 
for genetic services, receipt of genetic 
services, or participation in any clin-
ical research, or any other program, 
which includes genetic services, by 
such individual or any family member 
of such individual. 
‘‘(C) EXCLUSIONS.—The term ‘ge-
netic information’ shall not include 
information about the sex or age of an 
individual. 
‘‘(17) GENETIC TEST.— 
‘‘(A) IN
GENERAL.—The term ‘ge-
netic 
test’ 
means 
an 
analysis 
of 
human DNA, RNA, chromosomes, pro-
teins, or metabolites, that detects 
genotypes, mutations, or chromosomal 
changes. 
‘‘(B) EXCEPTIONS.—The term ‘ge-
netic test’ does not mean— 
‘‘(i) an analysis of proteins or 
metabolites that does not detect 
genotypes, mutations, or chromo-
somal changes; or 
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221 
‘‘(ii) 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 professional with ap-
propriate training and expertise 
in the field of medicine involved. 
‘‘(18) GENETIC SERVICES.—The term ‘ge-
netic services’ means— 
‘‘(A) a genetic test; 
‘‘(B) genetic counseling (such as 
obtaining, interpreting, or assessing 
genetic information); or 
‘‘(C) genetic education.’’. 
(b) AMENDMENT
RELATING
TO
THE
INDI-
VIDUAL MARKET.— 
(1) IN GENERAL.—The first subpart 3 of 
part B of title XXVII of the Public Health 
Service Act (42 U.S.C. 300gg–51 et seq.) 
(relating to other requirements) is amend-
ed— 
(A) by redesignating such subpart 
as subpart 2; and 
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222 
(B) by adding at the end the fol-
lowing: 
‘‘SEC. 2753. PROHIBITION OF HEALTH DISCRIMINATION ON 
THE BASIS OF GENETIC INFORMATION. 
‘‘(a) PROHIBITION ON GENETIC INFORMATION 
AS A CONDITION OF ELIGIBILITY.—A health in-
surance issuer offering health insurance cov-
erage in the individual market may not estab-
lish rules for the eligibility (including contin-
ued eligibility) of any individual to enroll in 
individual health insurance coverage based 
on genetic information (including information 
about a request for or receipt of genetic serv-
ices by an individual or family member of such 
individual). 
‘‘(b) PROHIBITION ON GENETIC INFORMATION 
IN SETTING PREMIUM RATES.—A health insur-
ance issuer offering health insurance coverage 
in the individual market shall not adjust pre-
mium or contribution amounts for an indi-
vidual on the basis of genetic information con-
cerning the individual or a family member of 
the individual (including information about a 
request for or receipt of genetic services by an 
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223 
individual or family member of such indi-
vidual). 
‘‘(c) PROHIBITION ON GENETIC INFORMATION 
AS PREEXISTING CONDITION.—A health insur-
ance issuer offering health insurance coverage 
in the individual market may not, on the basis 
of genetic information (including information 
about a request for or receipt of genetic serv-
ices by an individual or family member of such 
individual), impose any preexisting condition 
exclusion (as defined in section 2701(b)(1)(A)) 
with respect to such coverage. 
‘‘(d) GENETIC TESTING.— 
‘‘(1) LIMITATION ON REQUESTING OR RE-
QUIRING GENETIC TESTING.—A health insur-
ance issuer offering health insurance cov-
erage in the individual market shall not 
request or require an individual or a fam-
ily member of such individual to undergo 
a genetic test. 
‘‘(2) CERTAIN
RULES
OF
CONSTRUC-
TION.—Nothing in this part shall be con-
strued to— 
‘‘(A) limit the authority of a 
health care professional who is pro-
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224 
viding health care services with re-
spect to an individual to request 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 em-
ployed by or affiliated with a health 
insurance issuer and who is providing 
health care services to an individual 
as part of a bona fide wellness pro-
gram to notify such individual of the 
availability of a genetic test or to pro-
vide information to such individual 
regarding such genetic test; or 
‘‘(C) authorize or permit a health 
care professional to require that an 
individual undergo a genetic test. 
‘‘(3) RULE OF CONSTRUCTION REGARDING 
PAYMENT.— 
‘‘(A) IN GENERAL.—Subject to sub-
paragraph (B), nothing in paragraph 
(1) shall be construed to preclude a 
health 
insurance 
issuer 
offering 
health insurance coverage in the indi-
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225 
vidual market from conditioning pay-
ment on obtaining the results of a ge-
netic test or informing members of 
such policies. For purpose of the pre-
ceding sentence, the term ‘payment’ 
includes 
reimbursement, 
billing, 
claims management, claims adjudica-
tion, review of health care services 
with respect to medical necessity, cov-
erage under a health plan, appro-
priateness of care, or justification of 
charges, and utilization review (in-
cluding precertification, prior author-
ization, concurrent and retrospective 
review). 
‘‘(B) LIMITATION.—For purposes of 
subparagraph (A), a health insurance 
issuer offering health insurance cov-
erage in the individual market may 
request only the minimum amount of 
information necessary to accomplish 
the intended purpose. 
‘‘(e) GENETIC INFORMATION OF A FETUS OR 
EMBRYO.—Any reference in this section to ge-
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226 
netic information concerning an individual or 
family member of an individual shall— 
‘‘(1) with respect to such an indi-
vidual or family member of an individual 
who is a pregnant woman, include genetic 
information of any fetus carried by such 
pregnant woman; and 
‘‘(2) with respect to an individual or 
family member utilizing an assisted re-
productive technology, include genetic in-
formation of any embryo legally held by 
the individual or family member.’’. 
(2) REMEDIES AND ENFORCEMENT.—Sec-
tion 2761(b) of the Public Health Service 
Act (42 U.S.C. 300gg–61(b)) is amended to 
read as follows: 
‘‘(b) SECRETARIAL ENFORCEMENT AUTHOR-
ITY.—The Secretary shall have the same au-
thority in relation to enforcement of the provi-
sions of this part with respect to issuers of 
health insurance coverage in the individual 
market in a State as the Secretary has under 
section 2722(b)(2), and section 2722(b)(3) with 
respect to violations of genetic nondiscrimina-
tion provisions, in relation to the enforcement 
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227 
of the provisions of part A with respect to 
issuers of health insurance coverage in the 
small group market in the State.’’. 
(c) ELIMINATION
OF OPTION
OF NON-FED-
ERAL GOVERNMENTAL PLANS TO BE EXCEPTED 
FROM REQUIREMENTS CONCERNING GENETIC IN-
FORMATION.—Section 2721(b)(2) of the Public 
Health Service Act (42 U.S.C. 300gg–21(b)(2)) is 
amended— 
(1) in subparagraph (A), by striking 
‘‘If the plan sponsor’’ and inserting ‘‘Ex-
cept as provided in subparagraph (D), if 
the plan sponsor’’; and 
(2) by adding at the end the following: 
‘‘(D) ELECTION NOT APPLICABLE TO 
REQUIREMENTS CONCERNING GENETIC IN-
FORMATION.—The election described in 
subparagraph (A) shall not be avail-
able with respect to the provisions of 
subsections (a)(1)(F) and (c) of section 
2702 and the provisions of section 
2702(b) to the extent that such provi-
sions apply to genetic information (or 
information about a request for or the 
receipt of genetic services by an indi-
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228 
vidual or a family member of such in-
dividual).’’. 
(d) REGULATIONS AND EFFECTIVE DATE.— 
(1) REGULATIONS.—Not later than 1 
year after the date of enactment of this 
title, the Secretary of Labor and the Sec-
retary of Health and Human Services (as 
the case may be) shall issue final regula-
tions in an accessible format to carry out 
the amendments made by this section. 
(2) EFFECTIVE DATE.—The amendments 
made by this section shall apply— 
(A) with respect to group health 
plans, and health insurance coverage 
offered 
in 
connection 
with 
group 
health plans, for plan years beginning 
after the date that is 18 months after 
the date of enactment of this title; and 
(B) with respect to health insur-
ance coverage offered, sold, issued, re-
newed, in effect, or operated in the in-
dividual market after the date that is 
18 months after the date of enactment 
of this title. 
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229 
SEC. 103. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SE-
CURITY ACT RELATING TO MEDIGAP. 
(a) NONDISCRIMINATION.— 
(1) IN GENERAL.—Section 1882(s)(2) of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
1395ss(s)(2)) is amended by adding at the 
end the following: 
‘‘(E)(i) An issuer of a medicare 
supplemental policy shall not deny or 
condition the issuance or effectiveness 
of the policy, and shall not discrimi-
nate in the pricing of the policy (in-
cluding the adjustment of premium 
rates) of an eligible individual on the 
basis 
of 
genetic 
information 
con-
cerning the individual (or informa-
tion about a request for, or the receipt 
of, genetic services by such individual 
or family member of such individual). 
‘‘(ii) For purposes of clause (i), the 
terms ‘family member’, ‘genetic serv-
ices’, and ‘genetic information’ shall 
have the meanings given such terms 
in subsection (x).’’. 
(2) EFFECTIVE DATE.—The amendment 
made by paragraph (1) shall apply with 
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230 
respect to a policy for policy years begin-
ning after the date that is 18 months after 
the date of enactment of this Act. 
(b) LIMITATIONS ON GENETIC TESTING.— 
(1) IN
GENERAL.—Section 1882 of the 
Social Security Act (42 U.S.C. 1395ss) is 
amended by adding at the end the fol-
lowing: 
‘‘(x) LIMITATIONS ON GENETIC TESTING.— 
‘‘(1) GENETIC TESTING.— 
‘‘(A) LIMITATION ON REQUESTING OR 
REQUIRING
GENETIC
TESTING.—An 
issuer of a medicare supplemental 
policy shall not request or require an 
individual or a family member of such 
individual to undergo a genetic test. 
‘‘(B) 
RULE
OF
CONSTRUCTION.— 
Nothing in this title shall be con-
strued to— 
‘‘(i) limit the authority of a 
health care professional who is 
providing 
health 
care 
services 
with respect to an individual to 
request that such individual or a 
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231 
family member of such individual 
undergo a genetic test; 
‘‘(ii) limit the authority of a 
health care professional who is 
employed by or affiliated with an 
issuer of a medicare supplemental 
policy 
and 
who 
is 
providing 
health care services to an indi-
vidual as part of a bona fide 
wellness program to notify such 
individual of the availability of a 
genetic test or to provide informa-
tion to such individual regarding 
such genetic test; or 
‘‘(iii) authorize or permit a 
health care professional to require 
that an individual undergo a ge-
netic test. 
‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) FAMILY
MEMBER.—The term 
‘family member’ means with respect to 
an individual— 
‘‘(i) the spouse of the indi-
vidual; 
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234 
‘‘(i) a genetic test; 
‘‘(ii) genetic counseling (such 
as obtaining, interpreting, or as-
sessing genetic information); or 
‘‘(iii) genetic education. 
‘‘(E) ISSUER OF A MEDICARE SUPPLE-
MENTAL POLICY.—The term ‘issuer of a 
medicare 
supplemental 
policy’ 
in-
cludes a third-party administrator or 
other person acting for or on behalf of 
such issuer.’’. 
(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 following: 
‘‘(4) The issuer of the medicare supple-
mental policy complies with subsection 
(s)(2)(E) and subsection (x).’’. 
(3) EFFECTIVE DATE.—The amendments 
made by this subsection shall apply with 
respect to an issuer of a medicare supple-
mental policy for policy years beginning 
on or after the date that is 18 months 
after the date of enactment of this Act. 
(c) TRANSITION PROVISIONS.— 
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235 
(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 considered to be out of compliance 
with the requirements of section 1882 of 
the Social Security Act due solely to fail-
ure to make such change until the date 
specified in paragraph (4). 
(2) NAIC 
STANDARDS.—If, not later 
than June 30, 2008, the National Associa-
tion 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 (referred to in such section as the 1991 
NAIC Model Regulation, as subsequently 
modified) to conform to the amendments 
made by this section, such revised regula-
tion incorporating the modifications shall 
be considered to be the applicable NAIC 
model regulation (including the revised 
NAIC model regulation and the 1991 
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236 
NAIC Model Regulation) for the purposes 
of such section. 
(3) 
SECRETARY
STANDARDS.—If 
the 
NAIC does not make the modifications de-
scribed in paragraph (2) within the pe-
riod specified in such paragraph, the Sec-
retary of Health and Human Services 
shall, not later than October 1, 2008, 
make the modifications described in such 
paragraph and such revised regulation 
incorporating the modifications shall be 
considered to be the appropriate regula-
tion for the purposes of such section. 
(4) DATE SPECIFIED.— 
(A) IN
GENERAL.—Subject to sub-
paragraph (B), the date specified in 
this paragraph for a State is the ear-
lier of— 
(i) the date the State changes 
its statutes or regulations to con-
form its regulatory program to the 
changes made by this section, or 
(ii) October 1, 2008. 
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237 
(B) ADDITIONAL LEGISLATIVE ACTION 
REQUIRED.—In the case of a State 
which the Secretary identifies as— 
(i) requiring State legislation 
(other 
than 
legislation 
appro-
priating funds) to conform its reg-
ulatory 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 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, 2008. For pur-
poses 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. 
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238 
SEC. 104. PRIVACY AND CONFIDENTIALITY. 
(a) APPLICABILITY.—Except as provided in 
subsection (d), the provisions of this section 
shall apply to group health plans and health 
insurance issuers that offers group health in-
surance coverage in connection with a group 
health plan, without regard to— 
(1) section 732(a) of the Employee Re-
tirement Income Security Act of 1974 (29 
U.S.C. 1191a(a)); 
(2) section 9831(a)(2) of the Internal 
Revenue Code of 1986. 
(b) COMPLIANCE WITH CERTAIN CONFIDEN-
TIALITY STANDARDS WITH RESPECT TO GENETIC 
INFORMATION.— 
(1) IN GENERAL.—The regulations pro-
mulgated by the Secretary of Health and 
Human Services under part C of title XI of 
the Social Security Act (42 U.S.C. 1320d et 
seq.) and section 264 of the Health Insur-
ance Portability and Accountability Act of 
1996 (42 U.S.C. 1320d–2 note) shall apply 
to the use or disclosure of genetic infor-
mation by a group health plan or by a 
health insurance issuer that offers group 
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239 
health insurance coverage in connection 
with a group health plan. 
(2) PROHIBITION ON UNDERWRITING AND 
PREMIUM
RATING.—Notwithstanding para-
graph (1), a group health plan or a health 
insurance issuer that offers group health 
insurance coverage in connection with a 
group health plan shall not use or dis-
close genetic information (including in-
formation about a request for or a receipt 
of genetic services by an individual or 
family member of such individual) for 
purposes of underwriting, determinations 
of eligibility to enroll, premium rating, or 
the creation, renewal or replacement of a 
plan, contract or coverage for health in-
surance or health benefits. 
(c) PROHIBITION ON COLLECTION OF GENETIC 
INFORMATION.— 
(1) IN GENERAL.—A group health plan 
or a health insurance issuer that offers 
group health insurance coverage in con-
nection with a group health plan shall 
not request, require, or purchase genetic 
information (including information about 
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240 
a request for or a receipt of genetic serv-
ices by an individual or family member of 
such individual) for purposes of under-
writing, determinations of eligibility to 
enroll, premium rating, or the creation, 
renewal or replacement of a plan, con-
tract or coverage for health insurance or 
health benefits. 
(2) LIMITATION RELATING TO THE COL-
LECTION OF GENETIC INFORMATION PRIOR TO 
ENROLLMENT.—A group health plan or a 
health insurance issuer that offers group 
health insurance coverage in connection 
with a group health plan shall not re-
quest, require, or purchase genetic infor-
mation (including information about a re-
quest for or a receipt of genetic services by 
an individual or family member of such 
individual) 
concerning 
a 
participant, 
beneficiary, or enrollee prior to the enroll-
ment, and in connection with such enroll-
ment, of such individual under the plan 
or coverage. 
(3) INCIDENTAL COLLECTION.—Where a 
group health plan obtains or a health in-
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241 
surance issuer that offers group health in-
surance coverage in connection with a 
group health plan genetic information in-
cidental to the requesting, requiring, or 
purchasing of other information con-
cerning a participant, beneficiary, or en-
rollee, such request, requirement, or pur-
chase shall not be considered a violation 
of this subsection if— 
(A) such request, requirement, or 
purchase is not in violation of para-
graph (1); and 
(B) any genetic information (in-
cluding information about a request 
for or receipt of genetic services) re-
quested, required, or purchased is not 
used or disclosed in violation of sub-
section (b). 
(d) 
APPLICATION
OF
CONFIDENTIALITY 
STANDARDS.—The provisions of subsections (b) 
and (c) shall not apply— 
(1) to group health plans or health in-
surance issuers that are not otherwise 
covered under the regulations promul-
gated by the Secretary of Health and 
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242 
Human Services under part C of title XI of 
the Social Security Act (42 U.S.C. 1320d et 
seq.) and section 264 of the Health Insur-
ance Portability and Accountability Act of 
1996 (42 U.S.C. 1320d–2 note); and 
(2) to genetic information that is not 
considered to be individually-identifiable 
health information under the regulations 
promulgated by the Secretary of Health 
and Human Services under part C of title 
XI of the Social Security Act (42 U.S.C. 
1320d et seq.) and section 264 of the 
Health Insurance Portability and Ac-
countability Act of 1996 (42 U.S.C. 1320d– 
2 note). 
(e) ENFORCEMENT.—A group health plan or 
a health insurance issuer that offers group 
health insurance coverage in connection with 
a group health plan that violates a provision 
of this section shall be subject to the penalties 
described in sections 1176 and 1177 of the So-
cial Security Act (42 U.S.C. 1320d–5 and 
1320d–6) in the same manner and to the same 
extent that such penalties apply to violations 
of part C of title XI of such Act. 
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243 
(f) PREEMPTION.— 
(1) IN
GENERAL.—A provision or re-
quirement under this section or a regula-
tion promulgated under this section shall 
supersede any contrary provision of State 
law unless such provision of State law im-
poses requirements, standards, or imple-
mentation specifications that are more 
stringent than the requirements, stand-
ards, or implementation specifications im-
posed under this section or such regula-
tions. No penalty, remedy, or cause of ac-
tion to enforce such a State law that is 
more stringent shall be preempted by this 
section. 
(2) RULE
OF
CONSTRUCTION.—Nothing 
in paragraph (1) shall be construed to es-
tablish a penalty, remedy, or cause of ac-
tion under State law if such penalty, rem-
edy, or cause of action is not otherwise 
available under such State law. 
(g) COORDINATION WITH PRIVACY REGULA-
TIONS.—The Secretary shall implement and 
administer this section in a manner that is 
consistent with the implementation and ad-
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244 
ministration by the Secretary of the regula-
tions promulgated by the Secretary of Health 
and Human Services under part C of title XI 
of the Social Security Act (42 U.S.C. 1320d et 
seq.) and section 264 of the Health Insurance 
Portability and Accountability Act of 1996 (42 
U.S.C. 1320d–2 note). 
(h) DEFINITIONS.—In this section: 
(1) 
GENETIC
INFORMATION; 
GENETIC 
SERVICES.—The terms ‘‘family member’’, 
‘‘genetic information’’, ‘‘genetic services’’, 
and ‘‘genetic test’’ have the meanings 
given such terms in section 2791 of the 
Public Health Service Act (42 U.S.C. 
300gg–91), as amended by this Act. 
(2) GROUP HEALTH PLAN; HEALTH INSUR-
ANCE
ISSUER.—The terms ‘‘group health 
plan’’ and ‘‘health insurance issuer’’ in-
clude only those plans and issuers that 
are covered under the regulations de-
scribed in subsection (d)(1). 
(3) SECRETARY.—The term ‘‘Secretary’’ 
means 
the 
Secretary 
of 
Health 
and 
Human Services. 
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245 
SEC. 104A. PRIVACY AND CONFIDENTIALITY. 
(a) PHSA PROVISIONS.— 
(1) GROUP HEALTH PLANS.— 
(A) IN
GENERAL.—Title XXVII of 
the Public Health Service Act is 
amended by inserting after section 
2702 the following new section: 
‘‘SEC. 2703. PRIVACY AND CONFIDENTIAL OF GENETIC IN-
FORMATION. 
‘‘(a) COMPLIANCE WITH CERTAIN CONFIDEN-
TIALITY STANDARDS WITH RESPECT TO GENETIC 
INFORMATION.— 
‘‘(1) IN GENERAL.—The regulations pro-
mulgated by the Secretary under part C of 
title XI of the Social Security Act (42 
U.S.C. 1320d et seq.) and section 264 of the 
Health Insurance Portability and Ac-
countability Act of 1996 (42 U.S.C. 1320d– 
2 note) shall apply to the use or disclosure 
of genetic information by a group health 
plan or by an health insurance issuer in 
connection with health insurance cov-
erage offered in connection with a group 
health plan. 
‘‘(2) PROHIBITION
ON
UNDERWRITING 
AND
PREMIUM
RATING.—Notwithstanding 
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246 
paragraph (1), a group health plan or a 
health insurance issuer (in connection 
with health insurance coverage offered in 
connection with a group health plan) 
shall not use or disclose genetic informa-
tion (including information about a re-
quest for or a receipt of genetic services by 
an individual or family member of such 
individual) for purposes of underwriting, 
determinations of eligibility to enroll, pre-
mium rating, or the creation, renewal or 
replacement of a plan, contract or cov-
erage for health insurance or health bene-
fits. 
‘‘(b) PROHIBITION
ON COLLECTION
OF GE-
NETIC INFORMATION.— 
‘‘(1) IN GENERAL.—A group health plan 
or health insurance issuer (in connection 
with health insurance coverage offered in 
connection with a group health plan) 
shall not request, require, or purchase ge-
netic information (including information 
about a request for or a receipt of genetic 
services by an individual or family mem-
ber of such individual) for purposes of un-
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248 
formation incidental to the requesting, re-
quiring, or purchasing of other informa-
tion concerning a participant or bene-
ficiary, such request, requirement, or pur-
chase shall not be considered a violation 
of this subsection if— 
‘‘(A) such request, requirement, or 
purchase is not in violation of para-
graph (1); and 
‘‘(B) any genetic information (in-
cluding information about a request 
for or receipt of genetic services) re-
quested, required, or purchased is not 
used or disclosed in violation of sub-
section (a). 
‘‘(c) 
APPLICATION
OF
CONFIDENTIALITY 
STANDARDS.—The provisions of subsections (a) 
and (b) shall not apply— 
‘‘(1) to group health plans or health 
insurance issuers that are not otherwise 
covered under the regulations promul-
gated by the Secretary under part C of 
title XI of the Social Security Act (42 
U.S.C. 1320d et seq.) and section 264 of the 
Health Insurance Portability and Ac-
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249 
countability Act of 1996 (42 U.S.C. 1320d– 
2 note); and 
‘‘(2) to genetic information that is not 
considered to be individually-identifiable 
health information under the regulations 
promulgated by the Secretary under part 
C of title XI of the Social Security Act (42 
U.S.C. 1320d et seq.) and section 264 of the 
Health Insurance Portability and Ac-
countability Act of 1996 (42 U.S.C. 1320d– 
2 note). 
‘‘(d) COORDINATION WITH PRIVACY REGULA-
TIONS.—The Secretary shall implement and 
administer this section in a manner that is 
consistent with the implementation and ad-
ministration by the Secretary of the regula-
tions promulgated by the Secretary under part 
C of title XI of the Social Security Act (42 
U.S.C. 1320d et seq.) and section 264 of the 
Health Insurance Portability and Account-
ability Act of 1996 (42 U.S.C. 1320d–2 note).’’. 
(B) APPLICATION
TO
SMALL
GROUP 
HEALTH
PLANS.—Section 
2721(a) 
of 
such Act (42 U.S.C. 300gg-21(a)) is 
amended by inserting ‘‘(other than 
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250 
section 2703)’’ after ‘‘subparts 1 and 
3’’. 
(2) INDIVIDUAL
HEALTH
INSURANCE.— 
Such title is further amended by inserting 
after section 2744 the following new sec-
tion: 
‘‘SEC. 2744A. PRIVACY AND CONFIDENTIALITY OF GENETIC 
INFORMATION. 
‘‘(a) COMPLIANCE WITH CERTAIN CONFIDEN-
TIALITY STANDARDS WITH RESPECT TO GENETIC 
INFORMATION.— 
‘‘(1) IN GENERAL.—The regulations pro-
mulgated by the Secretary under part C of 
title XI of the Social Security Act (42 
U.S.C. 1320d et seq.) and section 264 of the 
Health Insurance Portability and Ac-
countability Act of 1996 (42 U.S.C. 1320d– 
2 note) shall apply to the use or disclosure 
of genetic information by an health insur-
ance issuer in connection with individual 
health insurance coverage. 
‘‘(2) PROHIBITION
ON
UNDERWRITING 
AND
PREMIUM
RATING.—Notwithstanding 
paragraph (1), a health insurance issuer 
shall not use or disclose genetic informa-
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251 
tion (including information about a re-
quest for or a receipt of genetic services by 
an individual or family member of such 
individual) for purposes of underwriting, 
determinations of eligibility to enroll, pre-
mium rating, or the creation, renewal or 
replacement of a plan, contract or cov-
erage for health insurance or health bene-
fits in the individual market. 
‘‘(b) PROHIBITION
ON COLLECTION
OF GE-
NETIC INFORMATION.— 
‘‘(1) IN GENERAL.—A health insurance 
issuer shall not request, require, or pur-
chase genetic information (including in-
formation about a request for or a receipt 
of genetic services by an individual or 
family member of such individual) for 
purposes of underwriting, determinations 
of eligibility to enroll, premium rating, or 
the creation, renewal or replacement of a 
plan, contract or coverage for health in-
surance or health benefits in the indi-
vidual market. 
‘‘(2) LIMITATION RELATING TO THE COL-
LECTION OF GENETIC INFORMATION PRIOR TO 
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252 
ENROLLMENT.—A health insurance issuer 
offering health insurance coverage in the 
individual market shall not request, re-
quire, or purchase genetic information 
(including information about a request 
for or a receipt of genetic services by an 
individual or family member of such indi-
vidual) concerning an enrollee prior to 
the enrollment, and in connection with 
such enrollment, of such individual under 
the coverage. 
‘‘(3) INCIDENTAL COLLECTION.—Where a 
health insurance issuer obtains genetic 
information incidental to the requesting, 
requiring, or purchasing of other infor-
mation concerning an enrollee in the indi-
vidual market, such request, requirement, 
or purchase shall not be considered a vio-
lation of this subsection if— 
‘‘(A) such request, requirement, or 
purchase is not in violation of para-
graph (1); and 
‘‘(B) any genetic information (in-
cluding information about a request 
for or receipt of genetic services) re-
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253 
quested, required, or purchased is not 
used or disclosed in violation of sub-
section (a). 
‘‘(c) 
APPLICATION
OF
CONFIDENTIALITY 
STANDARDS.—The provisions of subsections (a) 
and (b) shall not apply— 
‘‘(1) to health insurance issuers that 
are not otherwise covered under the regu-
lations promulgated by the Secretary 
under part C of title XI of the Social Secu-
rity Act (42 U.S.C. 1320d et seq.) and sec-
tion 264 of the Health Insurance Port-
ability and Accountability Act of 1996 (42 
U.S.C. 1320d–2 note); and 
‘‘(2) to genetic information that is not 
considered to be individually-identifiable 
health information under the regulations 
promulgated by the Secretary under part 
C of title XI of the Social Security Act (42 
U.S.C. 1320d et seq.) and section 264 of the 
Health Insurance Portability and Ac-
countability Act of 1996 (42 U.S.C. 1320d– 
2 note). 
‘‘(d) COORDINATION WITH PRIVACY REGULA-
TIONS.—The Secretary shall implement and 
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254 
administer this section in a manner that is 
consistent with the implementation and ad-
ministration by the Secretary of the regula-
tions promulgated by the Secretary under part 
C of title XI of the Social Security Act (42 
U.S.C. 1320d et seq.) and section 264 of the 
Health Insurance Portability and Account-
ability Act of 1996 (42 U.S.C. 1320d–2 note).’’. 
(b) APPLICATION
TO
MEDICARE
SUPPLE-
MENTAL POLICIES.—Section 1882 of the Social 
Security Act (42 U.S.C. 1395ss), as amended by 
section 103(b)(1), is amended by adding at the 
end the following new subsection: 
‘‘(y) PRIVACY AND CONFIDENTIALITY OF GE-
NETIC INFORMATION.— 
‘‘(1) COMPLIANCE
WITH
CERTAIN
CON-
FIDENTIALITY STANDARDS WITH RESPECT TO 
GENETIC INFORMATION.— 
‘‘(A) IN GENERAL.—The regulations 
promulgated by the Secretary under 
part C of title XI of the Social Security 
Act (42 U.S.C. 1320d et seq.) and sec-
tion 264 of the Health Insurance Port-
ability and Accountability Act of 1996 
(42 U.S.C. 1320d–2 note) shall apply to 
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255 
the use or disclosure of genetic infor-
mation by an issuer of a medicare 
supplemental policy. 
‘‘(B) 
PROHIBITION
ON
UNDER-
WRITING
AND
PREMIUM
RATING.—Not-
withstanding subparagraph (A), an 
issuer of a medicare supplemental 
policy shall not use or disclose genetic 
information (including information 
about a request for or a receipt of ge-
netic services by an individual or fam-
ily member of such individual) for 
purposes of underwriting, determina-
tions of eligibility to enroll, premium 
rating, or the creation, renewal or re-
placement of a plan, contract or cov-
erage for health insurance or health 
benefits in connection with such pol-
icy. 
‘‘(2) PROHIBITION ON COLLECTION OF GE-
NETIC INFORMATION.— 
‘‘(A) IN GENERAL.—An issuer of a 
medicare supplemental policy shall 
not request, require, or purchase ge-
netic information (including informa-
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256 
tion about a request for or a receipt of 
genetic services by an individual or 
family member of such individual) for 
purposes of underwriting, determina-
tions of eligibility to enroll, premium 
rating, or the creation, renewal or re-
placement of a plan, contract or cov-
erage for health insurance or health 
benefits in connection with such pol-
icy. 
‘‘(B) LIMITATION
RELATING
TO
THE 
COLLECTION
OF
GENETIC
INFORMATION 
PRIOR TO ENROLLMENT.—An issuer of a 
medicare supplemental policy shall 
not request, require, or purchase ge-
netic information (including informa-
tion about a request for or a receipt of 
genetic services by an individual or 
family member of such individual) 
concerning an enrollee prior to the en-
rollment, and in connection with such 
enrollment, of such individual under 
the policy. 
‘‘(C) 
INCIDENTAL
COLLECTION.— 
Where the issuer of a medicare supple-
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257 
mental policy obtains genetic informa-
tion incidental to the requesting, re-
quiring, or purchasing of other infor-
mation concerning an enrollee in con-
nection with such a policy, such re-
quest, requirement, or purchase shall 
not be considered a violation of this 
paragraph if— 
‘‘(i) such request, requirement, 
or purchase is not in violation of 
subparagraph (A); and 
‘‘(ii) any genetic information 
(including information about a re-
quest for or receipt of genetic serv-
ices) requested, required, or pur-
chased is not used or disclosed in 
violation of paragraph (1). 
‘‘(3) APPLICATION
OF
CONFIDENTIALITY 
STANDARDS.—The 
provisions 
of 
para-
graphs (1) and (2) shall not apply— 
‘‘(A) to health insurance issuers 
that are not otherwise covered under 
the regulations promulgated by the 
Secretary under part C of title XI of 
the Social Security Act (42 U.S.C. 
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258 
1320d et seq.) and section 264 of the 
Health Insurance Portability and Ac-
countability Act of 1996 (42 U.S.C. 
1320d–2 note); and 
‘‘(B) to genetic information that is 
not considered to be individually-iden-
tifiable health information under the 
regulations promulgated by the Sec-
retary under part C of title XI of the 
Social Security Act (42 U.S.C. 1320d et 
seq.) and section 264 of the Health In-
surance 
Portability 
and 
Account-
ability Act of 1996 (42 U.S.C. 1320d–2 
note). 
‘‘(4) COORDINATION WITH PRIVACY REGU-
LATIONS.—The Secretary shall implement 
and administer this subsection in a man-
ner that is consistent with the implemen-
tation and administration by the Sec-
retary of the regulations promulgated by 
the Secretary under part C of title XI of 
the Social Security Act (42 U.S.C. 1320d et 
seq.) and section 264 of the Health Insur-
ance Portability and Accountability Act of 
1996 (42 U.S.C. 1320d–2 note).’’. 
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259 
SEC. 105. ASSURING COORDINATION. 
(a) IN GENERAL.—Except as provided in 
subsection (b), the Secretary of the Treasury, 
the Secretary of Health and Human Services, 
and the Secretary of Labor shall ensure, 
through the execution of an interagency memo-
randum of understanding among such Secre-
taries, that— 
(1) regulations, rulings, and interpre-
tations issued by such Secretaries relating 
to the same matter over which two or 
more such Secretaries have responsibility 
under this title (and the amendments 
made by this title) are administered so as 
to have the same effect at all times; and 
(2) coordination of policies relating to 
enforcing the same requirements through 
such Secretaries in order to have a coordi-
nated enforcement strategy that avoids 
duplication of enforcement efforts and as-
signs priorities in enforcement. 
(b) AUTHORITY
OF
THE
SECRETARY.—The 
Secretary of Health and Human Services has 
the sole authority to promulgate regulations to 
implement section 104. 
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260 
SEC. 106. RELATIONSHIP TO TITLE II WITH RESPECT TO EN-
FORCEMENT. 
With respect to the relationship between 
title II and this title (and the amendments 
made by this title): 
(1) The genetic nondiscrimination re-
quirements and remedies of this title (and 
such amendments) are exclusive for— 
(A) group health plans; 
(B) health or other insurance cov-
erage issued in connection with group 
heath plans; 
(C) individual health insurance 
coverage; and 
(D) and medicare supplemental 
policies. 
(2) Nothing in title II shall be con-
strued to establish a requirement or rem-
edy under such title with respect to group 
health plans, health or other insurance 
coverage issued in connection with group 
heath plans, individual health insurance 
coverage, or medicare supplemental poli-
cies, notwithstanding any provision of 
such title. 
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261 
SEC. 107. REGULATIONS; EFFECTIVE DATE. 
(a) REGULATIONS.—Not later than 1 year 
after the date of enactment of this title, the 
Secretary of Labor, the Secretary of Health 
and Human Services, and the Secretary of the 
Treasury shall issue final regulations in an 
accessible format to carry out this title. 
(b) EFFECTIVE DATE.—Except as provided 
in section 103, the amendments made by this 
title shall take effect on the date that is 18 
months after the date of enactment of this Act. 
TITLE II—PROHIBITING EMPLOY-
MENT 
DISCRIMINATION 
ON 
THE BASIS OF GENETIC IN-
FORMATION 
SEC. 201. DEFINITIONS. 
In this title: 
(1) COMMISSION.—The term ‘‘Commis-
sion’’ means the Equal Employment Op-
portunity Commission as created by sec-
tion 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 ‘‘em-
ployee’’ means— 
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262 
(i) an employee (including an 
applicant), as defined in section 
701(f) of the Civil Rights Act of 
1964 (42 U.S.C. 2000e(f)); 
(ii) a State employee (includ-
ing an applicant) described in sec-
tion 304(a) of the Government Em-
ployee Rights Act of 1991 (42 
U.S.C. 2000e–16c(a)); 
(iii) a covered employee (in-
cluding an applicant), as defined 
in section 101 of the Congressional 
Accountability 
Act 
of 
1995 
(2 
U.S.C. 1301); 
(iv) a covered employee (in-
cluding 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 
‘‘em-
ployer’’ means— 
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263 
(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 employee described in sec-
tion 304(a) of the Government Em-
ployee Rights Act of 1991; 
(iii) an employing office, as 
defined in section 101 of the Con-
gressional Accountability Act of 
1995; 
(iv) an employing office, as de-
fined 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 
ORGANIZATION.—The 
terms 
‘‘employ-
ment agency’’ and ‘‘labor organiza-
tion’’ 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, 
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264 
includes an applicant for membership 
in a labor organization. 
(3) FAMILY MEMBER.—The term ‘‘family 
member’’ means with respect to an indi-
vidual— 
(A) the spouse of the individual; 
(B) a dependent child of the indi-
vidual, including a child who is born 
to or placed for adoption with the in-
dividual; and 
(C) all other individuals related 
by blood to the individual or the 
spouse or child described in subpara-
graph (A) or (B). 
(4) GENETIC INFORMATION.— 
(A) IN
GENERAL.—Except as pro-
vided in subparagraph (B), the term 
‘‘genetic information’’ means informa-
tion about— 
(i) 
an 
individual’s 
genetic 
tests; 
(ii) the genetic tests of family 
members of the individual; or 
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265 
(iii) the occurrence of a dis-
ease or disorder in family mem-
bers of the individual. 
(B) EXCEPTIONS.—The term ‘‘ge-
netic information’’ shall not include 
information about the sex or age of an 
individual. 
(5) GENETIC
MONITORING.—The term 
‘‘genetic monitoring’’ means the periodic 
examination of employees to evaluate ac-
quired modifications to their genetic ma-
terial, 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 effects of or control adverse environ-
mental exposures in the workplace. 
(6) GENETIC SERVICES.—The term ‘‘ge-
netic services’’ means— 
(A) a genetic test; 
(B) genetic counseling (such as ob-
taining, interpreting or assessing ge-
netic information); or 
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266 
(C) genetic education. 
(7) GENETIC TEST.— 
(A) IN
GENERAL.—The term ‘‘ge-
netic test’’ means the analysis of 
human DNA, RNA, chromosomes, pro-
teins, or metabolites, that detects 
genotypes, mutations, or chromosomal 
changes. 
(B) EXCEPTION.—The term ‘‘genetic 
test’’ does not mean an analysis of 
proteins or metabolites that does not 
detect genotypes, mutations, or chro-
mosomal changes. 
SEC. 202. EMPLOYER PRACTICES. 
(a) USE OF GENETIC INFORMATION.—It shall 
be an unlawful employment practice for an 
employer— 
(1) to fail or refuse to hire or to dis-
charge any employee, or otherwise to dis-
criminate against any employee with re-
spect to the compensation, terms, condi-
tions, or privileges of employment of the 
employee, because of genetic information 
with respect to the employee (or informa-
tion about a request for or the receipt of 
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267 
genetic services by such employee or fam-
ily member of such employee); or 
(2) to limit, segregate, or classify the 
employees of the employer in any way that 
would deprive or tend to deprive any em-
ployee of employment opportunities or oth-
erwise adversely affect the status of the 
employee as an employee, because of ge-
netic information with respect to the em-
ployee (or information about a request for 
or the receipt of genetic services by such 
employee or family member of such em-
ployee). 
(b) ACQUISITION
OF
GENETIC
INFORMA-
TION.—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 (or information about a request for the 
receipt of genetic services by such employee or 
a family member of such employee) except— 
(1) where an employer inadvertently 
requests or requires family medical his-
tory of the employee or family member of 
the employee; 
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268 
(2) where— 
(A) health or genetic services are 
offered by the employer, including 
such services offered as part of a bona 
fide wellness program; 
(B) the employee provides prior, 
knowing, voluntary, and written au-
thorization; 
(C) only the employee (or family 
member if the family member is re-
ceiving genetic services) and the li-
censed health care professional or 
board certified genetic counselor in-
volved in providing such services re-
ceive individually identifiable infor-
mation concerning the results of such 
services; and 
(D) any individually identifiable 
genetic information provided under 
subparagraph (C) in connection with 
the services provided under subpara-
graph (A) is only available for pur-
poses of such services and shall not be 
disclosed to the employer except in ag-
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269 
gregate terms that do not disclose the 
identity of specific employees; 
(3) where an employer requests or re-
quires 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 doc-
uments that are commercially and pub-
licly available (including newspapers, 
magazines, periodicals, and books, but 
not including medical databases or court 
records) that include family medical his-
tory; or 
(5) where the information involved is 
to be used for genetic monitoring of the bi-
ological effects of toxic substances in the 
workplace, but only if— 
(A) the employer provides written 
notice of the genetic monitoring to the 
employee; 
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270 
(B)(i) the employee provides prior, 
knowing, voluntary, and written au-
thorization; or 
(ii) the genetic monitoring is re-
quired by Federal or State law; 
(C) the employee is informed of in-
dividual monitoring results; 
(D) the monitoring is in compli-
ance with— 
(i) any Federal genetic moni-
toring regulations, including any 
such regulations that may be pro-
mulgated 
by 
the 
Secretary 
of 
Labor pursuant to the Occupa-
tional 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 
regulations, in the case of a State 
that is implementing genetic mon-
itoring regulations under the au-
thority of the Occupational Safety 
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271 
and Health Act of 1970 (29 U.S.C. 
651 et seq.); and 
(E) the employer, excluding any li-
censed health care professional or 
board certified 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 spe-
cific employees. 
(c) PRESERVATION OF PROTECTIONS.—In the 
case of information to which any of para-
graphs (1) through (5) of subsection (b) ap-
plies, such information may not be used in vio-
lation of paragraph (1) or (2) of subsection (a) 
or treated or disclosed in a manner that vio-
lates section 206. 
SEC. 203. EMPLOYMENT AGENCY PRACTICES. 
(a) USE OF GENETIC INFORMATION.—It shall 
be an unlawful employment practice for an 
employment agency— 
(1) to fail or refuse to refer for employ-
ment, 
or 
otherwise 
to 
discriminate 
against, any individual because of genetic 
information with respect to the individual 
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272 
(or information about a request for or the 
receipt of genetic services by such indi-
vidual or family member of such indi-
vidual); 
(2) to limit, segregate, or classify indi-
viduals or fail or refuse to refer for em-
ployment any individual in any way that 
would deprive or tend to deprive any indi-
vidual of employment opportunities, or 
otherwise adversely affect the status of the 
individual as an employee, because of ge-
netic information with respect to the indi-
vidual (or information about a request for 
or the receipt of genetic services by such 
individual or family member of such indi-
vidual); or 
(3) to cause or attempt to cause an 
employer to discriminate against an indi-
vidual in violation of this title. 
(b) ACQUISITION
OF
GENETIC
INFORMA-
TION.—It shall be an unlawful employment 
practice for an employment agency to request, 
require, or purchase genetic information with 
respect to an individual or a family member 
of the individual (or information about a re-
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273 
quest for the receipt of genetic services by such 
individual or a family member of such indi-
vidual) except— 
(1) where an employment agency inad-
vertently requests or requires family med-
ical history of the individual or family 
member of the individual; 
(2) where— 
(A) health or genetic services are 
offered by the employment agency, in-
cluding such services offered as part 
of a bona fide wellness program; 
(B) the individual provides prior, 
knowing, voluntary, and written au-
thorization; 
(C) only the individual (or family 
member if the family member is re-
ceiving genetic services) and the li-
censed health care professional or 
board certified genetic counselor in-
volved in providing such services re-
ceive individually identifiable infor-
mation concerning the results of such 
services; and 
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274 
(D) any individually identifiable 
genetic information provided under 
subparagraph (C) in connection with 
the services provided under subpara-
graph (A) is only available for pur-
poses of such services and shall not be 
disclosed to the employment agency 
except in aggregate terms that do not 
disclose the identity of specific indi-
viduals; 
(3) where an employment agency re-
quests or requires 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 an employment agency pur-
chases documents that are commercially 
and publicly available (including news-
papers, 
magazines, 
periodicals, 
and 
books, but not including medical data-
bases or court records) that include fam-
ily medical history; or 
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275 
(5) where the information involved is 
to be used for genetic monitoring of the bi-
ological effects of toxic substances in the 
workplace, but only if— 
(A) the employment agency pro-
vides written notice of the genetic 
monitoring to the individual; 
(B)(i) 
the 
individual 
provides 
prior, knowing, voluntary, and writ-
ten authorization; or 
(ii) the genetic monitoring is re-
quired by Federal or State law; 
(C) the individual is informed of 
individual monitoring results; 
(D) the monitoring is in compli-
ance with— 
(i) any Federal genetic moni-
toring regulations, including any 
such regulations that may be pro-
mulgated 
by 
the 
Secretary 
of 
Labor pursuant to the Occupa-
tional 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.), 
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276 
or the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.); or 
(ii) State genetic monitoring 
regulations, in the case of a State 
that is implementing genetic mon-
itoring regulations under the au-
thority of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 
651 et seq.); and 
(E) the employment agency, ex-
cluding any licensed health care pro-
fessional or board certified genetic 
counselor that is involved in the ge-
netic monitoring program, receives 
the results of the monitoring only in 
aggregate terms that do not disclose 
the identity of specific individuals. 
(c) PRESERVATION OF PROTECTIONS.—In the 
case of information to which any of para-
graphs (1) through (5) of subsection (b) ap-
plies, such information may not be used in vio-
lation of paragraph (1) or (2) of subsection (a) 
or treated or disclosed in a manner that vio-
lates section 206. 
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277 
SEC. 204. LABOR ORGANIZATION PRACTICES. 
(a) USE OF GENETIC INFORMATION.—It shall 
be an unlawful employment practice for a 
labor organization— 
(1) to exclude or to expel from the 
membership of the organization, or other-
wise to discriminate against, any member 
because of genetic information with re-
spect to the member (or information about 
a request for or the receipt of genetic serv-
ices by such member or family member of 
such member); 
(2) to limit, segregate, or classify the 
members of the organization, or fail or 
refuse to refer for employment any mem-
ber, in any way that would deprive or 
tend to deprive any member of employ-
ment opportunities, or otherwise adversely 
affect the status of the member as an em-
ployee, because of genetic information 
with respect to the member (or informa-
tion about a request for or the receipt of 
genetic services by such member or family 
member of such member); or 
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278 
(3) to cause or attempt to cause an 
employer to discriminate against a mem-
ber in violation of this title. 
(b) ACQUISITION
OF
GENETIC
INFORMA-
TION.—It shall be an unlawful employment 
practice for a labor organization to request, 
require, or purchase genetic information with 
respect to a member or a family member of the 
member (or information about a request for 
the receipt of genetic services by such member 
or a family member of such member) except— 
(1) where a labor organization inad-
vertently requests or requires family med-
ical history of the member or family mem-
ber of the member; 
(2) where— 
(A) health or genetic services are 
offered by the labor organization, in-
cluding such services offered as part 
of a bona fide wellness program; 
(B) the member provides prior, 
knowing, voluntary, and written au-
thorization; 
(C) only the member (or family 
member if the family member is re-
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279 
ceiving genetic services) and the li-
censed health care professional or 
board certified genetic counselor in-
volved in providing such services re-
ceive individually identifiable infor-
mation concerning the results of such 
services; and 
(D) any individually identifiable 
genetic information provided under 
subparagraph (C) in connection with 
the services provided under subpara-
graph (A) is only available for pur-
poses of such services and shall not be 
disclosed to the labor organization ex-
cept in aggregate terms that do not 
disclose the identity of specific mem-
bers; 
(3) where a labor organization re-
quests or requires family medical history 
from the members to comply with the cer-
tification 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; 
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280 
(4) where a labor organization pur-
chases documents that are commercially 
and publicly available (including news-
papers, 
magazines, 
periodicals, 
and 
books, but not including medical data-
bases or court records) that include fam-
ily medical history; or 
(5) where the information involved is 
to be used for genetic monitoring of the bi-
ological effects of toxic substances in the 
workplace, but only if— 
(A) the labor organization pro-
vides written notice of the genetic 
monitoring to the member; 
(B)(i) the member provides prior, 
knowing, voluntary, and written au-
thorization; or 
(ii) the genetic monitoring is re-
quired by Federal or State law; 
(C) the member is informed of in-
dividual monitoring results; 
(D) the monitoring is in compli-
ance with— 
(i) any Federal genetic moni-
toring regulations, including any 
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281 
such regulations that may be pro-
mulgated 
by 
the 
Secretary 
of 
Labor pursuant to the Occupa-
tional 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 
regulations, in the case of a State 
that is implementing genetic mon-
itoring regulations under the au-
thority of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 
651 et seq.); and 
(E) the labor organization, exclud-
ing any licensed health care profes-
sional or board certified genetic coun-
selor that is involved in the genetic 
monitoring program, receives the re-
sults of the monitoring only in aggre-
gate terms that do not disclose the 
identity of specific members. 
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282 
(c) PRESERVATION OF PROTECTIONS.—In the 
case of information to which any of para-
graphs (1) through (5) of subsection (b) ap-
plies, such information may not be used in vio-
lation of paragraph (1) or (2) of subsection (a) 
or treated or disclosed in a manner that vio-
lates section 206. 
SEC. 205. TRAINING PROGRAMS. 
(a) USE OF GENETIC INFORMATION.—It shall 
be an unlawful employment practice for any 
employer, labor organization, or joint labor- 
management committee controlling appren-
ticeship or other training or retraining, in-
cluding on-the-job training programs— 
(1) to discriminate against any indi-
vidual because of genetic information 
with respect to the individual (or informa-
tion about a request for or the receipt of 
genetic services by such individual or a 
family member of such individual) in ad-
mission to, or employment in, any pro-
gram established to provide apprentice-
ship or other training or retraining; 
(2) to limit, segregate, or classify the 
applicants for or participants in such ap-
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283 
prenticeship or other training or retrain-
ing, or fail or refuse to refer for employ-
ment any individual, in any way that 
would deprive or tend to deprive any indi-
vidual of employment opportunities, or 
otherwise adversely affect the status of the 
individual as an employee, because of ge-
netic information with respect to the indi-
vidual (or information about a request for 
or receipt of genetic services by such indi-
vidual or family member of such indi-
vidual); or 
(3) to cause or attempt to cause an 
employer to discriminate against an ap-
plicant for or a participant in such ap-
prenticeship or other training or retrain-
ing in violation of this title. 
(b) ACQUISITION
OF
GENETIC
INFORMA-
TION.—It shall be an unlawful employment 
practice for an employer, labor organization, 
or joint labor-management committee de-
scribed in subsection (a) to request, require, or 
purchase genetic information with respect to 
an individual or a family member of the indi-
vidual (or information about a request for the 
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284 
receipt of genetic services by such individual 
or a family member of such individual) ex-
cept— 
(1) where the employer, labor organi-
zation, or joint labor-management com-
mittee inadvertently requests or requires 
family medical history of the individual 
or family member of the individual; 
(2) where— 
(A) health or genetic services are 
offered by the employer, labor organi-
zation, or joint labor-management 
committee, including such services of-
fered as part of a bona fide wellness 
program; 
(B) the individual provides prior, 
knowing, voluntary, and written au-
thorization; 
(C) only the individual (or family 
member if the family member is re-
ceiving genetic services) and the li-
censed health care professional or 
board certified genetic counselor in-
volved in providing such services re-
ceive individually identifiable infor-
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285 
mation concerning the results of such 
services; 
(D) any individually identifiable 
genetic information provided under 
subparagraph (C) in connection with 
the services provided under subpara-
graph (A) is only available for pur-
poses of such services and shall not be 
disclosed to the employer, labor orga-
nization, or joint labor-management 
committee except in aggregate terms 
that do not disclose the identity of spe-
cific individuals; 
(3) where the employer, labor organi-
zation, or joint labor-management com-
mittee requests or requires 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 organi-
zation, or joint labor-management com-
mittee purchases documents that are com-
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286 
mercially and publicly available (includ-
ing 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 bi-
ological effects of toxic substances in the 
workplace, but only if— 
(A) the employer, labor organiza-
tion, or joint labor-management com-
mittee provides written notice of the 
genetic monitoring to the individual; 
(B)(i) 
the 
individual 
provides 
prior, knowing, voluntary, and writ-
ten authorization; or 
(ii) the genetic monitoring is re-
quired by Federal or State law; 
(C) the individual is informed of 
individual monitoring results; 
(D) the monitoring is in compli-
ance with— 
(i) any Federal genetic moni-
toring regulations, including any 
such regulations that may be pro-
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287 
mulgated 
by 
the 
Secretary 
of 
Labor pursuant to the Occupa-
tional 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 
regulations, in the case of a State 
that is implementing genetic mon-
itoring regulations under the au-
thority of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 
651 et seq.); and 
(E) the employer, labor organiza-
tion, or joint labor-management com-
mittee, excluding any licensed health 
care professional or board certified 
genetic counselor that is involved in 
the genetic monitoring program, re-
ceives the results of the monitoring 
only in aggregate terms that do not 
disclose the identity of specific indi-
viduals. 
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288 
(c) PRESERVATION OF PROTECTIONS.—In the 
case of information to which any of para-
graphs (1) through (5) of subsection (b) ap-
plies, such information may not be used in vio-
lation of paragraph (1) or (2) of subsection (a) 
or treated or disclosed in a manner that vio-
lates section 206. 
SEC. 206. CONFIDENTIALITY OF GENETIC INFORMATION. 
(a) TREATMENT OF INFORMATION AS PART OF 
CONFIDENTIAL
MEDICAL
RECORD.—If an em-
ployer, employment agency, labor organiza-
tion, or joint labor-management committee 
possesses genetic information about an em-
ployee or member (or information about a re-
quest for or receipt of genetic services by such 
employee or member or family member of such 
employee or member), such information shall 
be maintained on separate forms and in sepa-
rate medical files and be treated as a con-
fidential medical record of the employee or 
member. 
(b) LIMITATION
ON DISCLOSURE.—An em-
ployer, employment agency, labor organiza-
tion, or joint labor-management committee 
shall not disclose genetic information con-
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289 
cerning an employee or member (or informa-
tion about a request for or receipt of genetic 
services by such employee or member or family 
member of such employee or member) except— 
(1) to the employee (or family member 
if the family member is receiving the ge-
netic services) or member of a labor orga-
nization at the request of the employee or 
member of such organization; 
(2) to an occupational or other health 
researcher if the research is conducted in 
compliance with the regulations and pro-
tections provided for under part 46 of title 
45, Code of Federal Regulations; 
(3) in response to an order of a court, 
except that— 
(A) 
the 
employer, 
employment 
agency, labor organization, or joint 
labor-management committee may dis-
close only the genetic information ex-
pressly authorized by such order; and 
(B) if the court order was secured 
without the knowledge of the employee 
or member to whom the information 
refers, 
the 
employer, 
employment 
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290 
agency, labor organization, or joint 
labor-management 
committee 
shall 
provide the employee or member with 
adequate notice to challenge the court 
order; 
(4) to government officials who are in-
vestigating compliance with this title if 
the information is relevant to the inves-
tigation; or 
(5) to the extent that such disclosure 
is made in connection with the employee’s 
compliance with the certification provi-
sions 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. 
(c) RELATIONSHIP TO HIPAA REGULATION.— 
(1) IN GENERAL.—In the case of an en-
tity that is subject to the regulations pro-
mulgated by the Secretary of Health and 
Human Services under part C of title XI of 
the Social Security Act (42 U.S.C. 1320d et 
seq.) and section 264 of the Health Insur-
ance Portability and Accountability Act of 
1996 (42 U.S.C. 1320d–2 note), the entity is 
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291 
not subject to the provisions of this title 
that regulate the use and disclosure of in-
formation to which such regulation ap-
plies. 
(2) RULE
OF
CONSTRUCTION.—Nothing 
in paragraph (1) shall affect the applica-
tion of protections under this title against 
discrimination in hiring, firing, pro-
motion, or job placement and other un-
lawful employment practices that do not 
relate to the matters to which the regula-
tions referred to in paragraph (1) apply. 
SEC. 207. REMEDIES AND ENFORCEMENT. 
(a) EMPLOYEES COVERED BY TITLE VII OF 
THE CIVIL RIGHTS ACT OF 1964.— 
(1) IN
GENERAL.—The powers, rem-
edies, and procedures provided in sections 
705, 706, 707, 709, 710, and 711 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e–4 et 
seq.) to the Commission, the Attorney Gen-
eral, or any person, alleging a violation of 
title VII of that Act (42 U.S.C. 2000e et 
seq.) shall be the powers, remedies, and 
procedures this title provides to the Com-
mission, the Attorney General, or any per-
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292 
son, respectively, alleging an unlawful 
employment practice in violation of this 
title against an employee described in sec-
tion 201(2)(A)(i), except as provided in 
paragraphs (2) and (3). 
(2) COSTS AND FEES.—The powers, rem-
edies, and procedures provided in sub-
sections (b) and (c) of section 722 of the 
Revised Statutes (42 U.S.C. 1988), shall be 
powers, remedies, and procedures this 
title provides to the Commission, the At-
torney General, or any person, alleging 
such a practice. 
(3) DAMAGES.—The powers, remedies, 
and procedures provided in section 1977A 
of the Revised Statutes (42 U.S.C. 1981a), 
including the limitations contained in 
subsection (b)(3) of such section 1977A, 
shall be powers, remedies, and procedures 
this title provides to the Commission, the 
Attorney General, or any person, alleging 
such a practice (not an employment prac-
tice specifically excluded from coverage 
under section 1977A(a)(1) of the Revised 
Statutes). 
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293 
(b) EMPLOYEES COVERED
BY GOVERNMENT 
EMPLOYEE RIGHTS ACT OF 1991.— 
(1) IN
GENERAL.—The powers, rem-
edies, and procedures provided in sections 
302 and 304 of the Government Employee 
Rights Act of 1991 (42 U.S.C. 2000e–16b, 
2000e–16c) to the Commission, or any per-
son, 
alleging 
a 
violation 
of 
section 
302(a)(1) of that Act (42 U.S.C. 2000e– 
16b(a)(1)) shall be the powers, remedies, 
and procedures this title provides to the 
Commission, or any person, respectively, 
alleging an unlawful employment prac-
tice in violation of this title against an 
employee 
described 
in 
section 
201(2)(A)(ii), except as provided in para-
graphs (2) and (3). 
(2) COSTS AND FEES.—The powers, rem-
edies, and procedures provided in sub-
sections (b) and (c) of section 722 of the 
Revised Statutes (42 U.S.C. 1988), shall be 
powers, remedies, and procedures this 
title provides to the Commission, or any 
person, alleging such a practice. 
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294 
(3) DAMAGES.—The powers, remedies, 
and procedures provided in section 1977A 
of the Revised Statutes (42 U.S.C. 1981a), 
including the limitations contained in 
subsection (b)(3) of such section 1977A, 
shall be powers, remedies, and procedures 
this title provides to the Commission, or 
any person, alleging such a practice (not 
an employment practice specifically ex-
cluded 
from 
coverage 
under 
section 
1977A(a)(1) of the Revised Statutes). 
(c) EMPLOYEES COVERED BY CONGRESSIONAL 
ACCOUNTABILITY ACT OF 1995.— 
(1) IN
GENERAL.—The powers, rem-
edies, and procedures provided in the 
Congressional Accountability Act of 1995 
(2 U.S.C. 1301 et seq.) to the Board (as de-
fined in section 101 of that Act (2 U.S.C. 
1301)), or any person, alleging a violation 
of section 201(a)(1) of that Act (42 U.S.C. 
1311(a)(1)) shall be the powers, remedies, 
and procedures this title provides to that 
Board, or any person, alleging an unlaw-
ful employment practice in violation of 
this title against an employee described in 
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295 
section 201(2)(A)(iii), except as provided 
in paragraphs (2) and (3). 
(2) COSTS AND FEES.—The powers, rem-
edies, and procedures provided in sub-
sections (b) and (c) of section 722 of the 
Revised Statutes (42 U.S.C. 1988), shall be 
powers, remedies, and procedures this 
title provides to that Board, or any per-
son, alleging such a practice. 
(3) DAMAGES.—The powers, remedies, 
and procedures provided in section 1977A 
of the Revised Statutes (42 U.S.C. 1981a), 
including the limitations contained in 
subsection (b)(3) of such section 1977A, 
shall be powers, remedies, and procedures 
this title provides to that Board, or any 
person, alleging such a practice (not an 
employment practice specifically excluded 
from coverage under section 1977A(a)(1) 
of the Revised Statutes). 
(4) OTHER
APPLICABLE
PROVISIONS.— 
With respect to a claim alleging a prac-
tice described in paragraph (1), title III of 
the Congressional Accountability Act of 
1995 (2 U.S.C. 1381 et seq.) shall apply in 
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296 
the same manner as such title applies 
with respect to a claim alleging a viola-
tion of section 201(a)(1) of such Act (2 
U.S.C. 1311(a)(1)). 
(d) EMPLOYEES COVERED BY CHAPTER 5 OF 
TITLE 3, UNITED STATES CODE.— 
(1) IN
GENERAL.—The powers, rem-
edies, and procedures provided in chapter 
5 of title 3, United States Code, to the 
President, the Commission, the Merit Sys-
tems Protection Board, or any person, al-
leging a violation of section 411(a)(1) of 
that title, shall be the powers, remedies, 
and procedures this title provides to the 
President, the Commission, such Board, or 
any person, respectively, alleging an un-
lawful employment practice in violation 
of this title against an employee described 
in section 201(2)(A)(iv), except as provided 
in paragraphs (2) and (3). 
(2) COSTS AND FEES.—The powers, rem-
edies, and procedures provided in sub-
sections (b) and (c) of section 722 of the 
Revised Statutes (42 U.S.C. 1988), shall be 
powers, remedies, and procedures this 
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297 
title provides to the President, the Com-
mission, such Board, or any person, alleg-
ing such a practice. 
(3) DAMAGES.—The powers, remedies, 
and procedures provided in section 1977A 
of the Revised Statutes (42 U.S.C. 1981a), 
including the limitations contained in 
subsection (b)(3) of such section 1977A, 
shall be powers, remedies, and procedures 
this title provides to the President, the 
Commission, such Board, or any person, 
alleging such a practice (not an employ-
ment practice specifically excluded from 
coverage under section 1977A(a)(1) of the 
Revised Statutes). 
(e) EMPLOYEES COVERED BY SECTION 717 OF 
THE CIVIL RIGHTS ACT OF 1964.— 
(1) IN
GENERAL.—The powers, rem-
edies, and procedures provided in section 
717 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–16) to the Commission, the 
Attorney General, the Librarian of Con-
gress, or any person, alleging a violation 
of that section shall be the powers, rem-
edies, and procedures this title provides to 
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299 
cally excluded from coverage under sec-
tion 1977A(a)(1) of the Revised Statutes). 
(f) DEFINITION.—In this section, the term 
‘‘Commission’’ means the Equal Employment 
Opportunity Commission. 
SEC. 208. DISPARATE IMPACT. 
(a) GENERAL RULE.—Notwithstanding any 
other provision of this Act, ‘‘disparate impact’’, 
as that term is used in section 703(k) of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e–2(k)), 
on the basis of genetic information does not es-
tablish a cause of action under this Act. 
(b) COMMISSION.—On the date that is 6 
years after the date of enactment of this Act, 
there shall be established a commission, to be 
known as the Genetic Nondiscrimination 
Study Commission (referred to in this section 
as the ‘‘Commission’’) to review the developing 
science of genetics and to make recommenda-
tions to Congress regarding whether to provide 
a disparate impact cause of action under this 
Act. 
(c) MEMBERSHIP.— 
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300 
(1) 
IN
GENERAL.—The 
Commission 
shall be composed of 8 members, of 
which— 
(A) 1 member shall be appointed 
by the Majority Leader of the Senate; 
(B) 1 member shall be appointed 
by the Minority Leader of the Senate; 
(C) 1 member shall be appointed 
by the Chairman of the Committee on 
Health, Education, Labor, and Pen-
sions of the Senate; 
(D) 1 member shall be appointed 
by the ranking minority member of the 
Committee 
on 
Health, 
Education, 
Labor, and Pensions of the Senate; 
(E) 1 member shall be appointed 
by the Speaker of the House of Rep-
resentatives; 
(F) 1 member shall be appointed 
by the Minority Leader of the House of 
Representatives; 
(G) 1 member shall be appointed 
by the Chairman of the Committee on 
Education and the Workforce of the 
House of Representatives; and 
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301 
(H) 1 member shall be appointed 
by the ranking minority member of the 
Committee on Education and the 
Workforce of the House of Representa-
tives. 
(2) COMPENSATION AND EXPENSES.—The 
members of the Commission shall not re-
ceive compensation for the performance of 
services for the Commission, but shall be 
allowed travel expenses, including per 
diem in lieu of subsistence, at rates au-
thorized for employees of agencies under 
subchapter I of chapter 57 of title 5, 
United States Code, while away from their 
homes or regular places of business in the 
performance of services for the Commis-
sion. 
(d) ADMINISTRATIVE PROVISIONS.— 
(1) LOCATION.—The Commission shall 
be located in a facility maintained by the 
Equal Employment Opportunity Commis-
sion. 
(2) DETAIL
OF
GOVERNMENT
EMPLOY-
EES.—Any Federal Government employee 
may be detailed to the Commission with-
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302 
out reimbursement, and such detail shall 
be without interruption or loss of civil 
service status or privilege. 
(3) INFORMATION FROM FEDERAL AGEN-
CIES.—The Commission may secure di-
rectly from any Federal department or 
agency such information as the Commis-
sion considers necessary to carry out the 
provisions of this section. Upon request of 
the Commission, the head of such depart-
ment or agency shall furnish such infor-
mation to the Commission. 
(4) HEARINGS.—The Commission may 
hold such hearings, sit and act at such 
times and places, take such testimony, 
and receive such evidence as the Commis-
sion considers advisable to carry out the 
objectives of this section, except that, to 
the extent possible, the Commission shall 
use existing data and research. 
(5) POSTAL SERVICES.—The Commission 
may use the United States mails in the 
same manner and under the same condi-
tions as other departments and agencies 
of the Federal Government. 
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303 
(e) REPORT.—Not later than 1 year after all 
of the members are appointed to the Commis-
sion under subsection (c)(1), the Commission 
shall submit to Congress a report that summa-
rizes the findings of the Commission and 
makes such recommendations for legislation 
as are consistent with this Act. 
(f) AUTHORIZATION
OF APPROPRIATIONS.— 
There are authorized to be appropriated to the 
Equal Employment Opportunity Commission 
such sums as may be necessary to carry out 
this section. 
SEC. 209. CONSTRUCTION. 
Nothing in this title shall be construed 
to— 
(1) limit the rights or protections of 
an individual under the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.), including coverage afforded to indi-
viduals under section 102 of such Act (42 
U.S.C. 12112), or under the Rehabilitation 
Act of 1973 (29 U.S.C. 701 et seq.); 
(2)(A) limit the rights or protections of 
an individual to bring an action under 
this title against an employer, employ-
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304 
ment agency, labor organization, or joint 
labor-management committee for a viola-
tion of this title; or 
(B) establish a violation under this 
title for an employer, employment agency, 
labor organization, or joint labor-man-
agement committee of a provision of the 
amendments made by title I; 
(3) limit the rights or protections of 
an individual under any other Federal or 
State statute that provides equal or great-
er protection to an individual than the 
rights or protections provided for under 
this title; 
(4) apply to the Armed Forces Reposi-
tory of Specimen Samples for the Identi-
fication of Remains; 
(5) limit or expand the protections, 
rights, or obligations of employees or em-
ployers under applicable workers’ com-
pensation laws; 
(6) limit the authority of a Federal de-
partment or agency to conduct or sponsor 
occupational or other health research 
that is conducted in compliance with the 
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305 
regulations contained in part 46 of title 
45, Code of Federal Regulations (or any 
corresponding or similar regulation or 
rule); and 
(7) limit the statutory or regulatory 
authority of the Occupational Safety and 
Health Administration or the Mine Safety 
and Health Administration to promulgate 
or enforce workplace safety and health 
laws and regulations. 
SEC. 210. MEDICAL INFORMATION THAT IS NOT GENETIC 
INFORMATION. 
An employer, employment agency, labor or-
ganization, or joint labor-management com-
mittee shall not be considered to be in viola-
tion of this title based on the use, acquisition, 
or disclosure of medical information that is 
not genetic information about a manifested 
disease, disorder, or pathological condition of 
an employee or member, including a mani-
fested disease, disorder, or pathological condi-
tion that has or may have a genetic basis. 
SEC. 211. REGULATIONS. 
Not later than 1 year after the date of en-
actment of this title, the Commission shall 
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306 
issue final regulations in an accessible format 
to carry out this title. 
SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated 
such sums as may be necessary to carry out 
this title (except for section 208). 
SEC. 213. EFFECTIVE DATE. 
This title takes effect on the date that is 18 
months after the date of enactment of this Act. 
TITLE III—MISCELLANEOUS 
PROVISION 
SEC. 301. SEVERABILITY. 
If any provision of this Act, an amendment 
made by this Act, or the application of such 
provision or amendment to any person or cir-
cumstance is held to be unconstitutional, the 
remainder of this Act, the amendments made 
by this Act, and the application of such provi-
sions to any person or circumstance shall not 
be affected thereby. 
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Union Calendar No. 46 
110TH CONGRESS 
1ST SESSION 
H. R. 493 
[Report No. 110–28, Parts I, II, and III] 
A BILL 
To prohibit discrimination on the basis of genetic 
information with respect to health insurance and 
employment. 
MARCH 29, 2007 
Reported from the Committee on Energy and Commerce 
with an amendment; committed to the Committee of 
the Whole House on the State of the Union and or-
dered to be printed 
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