‘‘(i) IN
GENERAL.—Nothing in sub-
paragraph (A) shall be construed to pre-
clude an issuer of a medicare supplemental 
policy from obtaining and using the results 
of a genetic test in making a determination 
regarding payment (as such term is de-
fined for the purposes of applying the reg-
ulations promulgated by the Secretary 
under part C of title XI and section 264 
of the Health Insurance Portability and 
Accountability Act of 1996, as may be re-
vised from time to time) consistent with 
subsection (s)(2)(E). 
‘‘(ii) LIMITATION.—For purposes of 
clause (i), an issuer of a medicare supple-
mental policy may request only the min-
imum amount of information necessary to 
accomplish the intended purpose. 
‘‘(D) RESEARCH
EXCEPTION.—Notwith-
standing subparagraph (A), an issuer of a 
medicare supplemental policy may request, but 
not require, that an individual or a family mem-
ber of such individual undergo a genetic test if 
each of the following conditions is met:
‘‘(i) The request is made pursuant to 
research that complies with part 46 of title 
45, Code of Federal Regulations, or equiv-
alent Federal regulations, and any applica-
ble State or local law or regulations for the 
protection of human subjects in research. 
‘‘(ii) The issuer clearly indicates to 
each individual, or in the case of a minor 
child, to the legal guardian of such child, 
to whom the request is made that—
‘‘(I) compliance with the request 
is voluntary; and 
‘‘(II) non-compliance will have no 
effect on enrollment status or pre-
mium or contribution amounts. 
‘‘(iii) No genetic information collected 
or acquired under this subparagraph shall 
be used for underwriting, determination of 
eligibility to enroll or maintain enrollment 
status, premium rating, or the creation, re-
newal, or replacement of a plan, contract, 
or coverage for health insurance or health 
benefits. 
‘‘(iv) The issuer notifies the Secretary 
in writing that the issuer is conducting ac-
tivities pursuant to the exception provided 
for under this subparagraph, including a 
description of the activities conducted. 
‘‘(v) The issuer complies with such 
other conditions as the Secretary may by 
regulation require for activities conducted 
under this subparagraph. 
‘‘(2) PROHIBITION
ON
COLLECTION
OF
GE-
NETIC INFORMATION.—
‘‘(A) IN GENERAL.—An issuer of a medi-
care supplemental policy shall not request, re-
quire, or purchase genetic information for un-
derwriting purposes (as defined in paragraph 
(3)). 
‘‘(B) PROHIBITION
ON
COLLECTION
OF 
GENETIC
INFORMATION
PRIOR
TO
ENROLL-
MENT.—An issuer of a medicare supplemental 
policy shall not request, require, or purchase ge-
netic information with respect to any individual 
prior to such individual’s enrollment under the 
policy in connection with such enrollment. 
‘‘(C) INCIDENTAL
COLLECTION.—If an 
issuer of a medicare supplemental policy obtains 
genetic information incidental to the requesting, 
requiring, or purchasing of other information
concerning any individual, such request, re-
quirement, or purchase shall not be considered 
a violation of subparagraph (B) if such request, 
requirement, or purchase is not in violation of 
subparagraph (A). 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) FAMILY MEMBER.—The term ‘family 
member’ means with respect to an individual, 
any other individual who is a first-degree, sec-
ond-degree, third-degree, or fourth-degree rel-
ative of such individual. 
‘‘(B) GENETIC INFORMATION.—
‘‘(i) IN GENERAL.—The term ‘genetic 
information’ means, with respect to any in-
dividual, information about—
‘‘(I) such individual’s genetic 
tests, 
‘‘(II) the genetic tests of family 
members of such individual, and 
‘‘(III) subject to clause (iv), the 
manifestation of a disease or disorder 
in family members of such individual. 
‘‘(ii) INCLUSION
OF
GENETIC
SERV-
ICES.—Such term includes, with respect to 
any individual, any request for, or receipt
of, genetic services (including genetic serv-
ices received pursuant to participation in 
clinical research) by such individual or any 
family member of such individual. 
‘‘(iii) EXCLUSIONS.—The term ‘ge-
netic information’ shall not include infor-
mation about the sex or age of any indi-
vidual. 
‘‘(C) GENETIC TEST.—
‘‘(i) IN GENERAL.—The term ‘genetic 
test’ means an analysis of human DNA, 
RNA, chromosomes, proteins, or metabo-
lites, that detects genotypes, mutations, or 
chromosomal changes. 
‘‘(ii) EXCEPTIONS.—The term ‘genetic 
test’ does not mean—
‘‘(I) an analysis of proteins or 
metabolites that does not detect 
genotypes, mutations, or chromosomal 
changes; or 
‘‘(II) an analysis of proteins or 
metabolites that is directly related to 
a manifested disease, disorder, or 
pathological condition that could rea-
sonably be detected by a health care
tract of health insurance or health bene-
fits. 
‘‘(F) ISSUER
OF
A
MEDICARE
SUPPLE-
MENTAL POLICY.—The term ‘issuer of a medi-
care supplemental policy’ includes a third-party 
administrator or other person acting for or on 
behalf of such issuer.’’. 
(2) APPLICATION TO GENETIC INFORMATION OF 
A FETUS OR EMBRYO.—Section 1882(x) of such Act, 
as added by paragraph (1), is further amended by 
adding at the end the following: 
‘‘(4) GENETIC INFORMATION OF A FETUS OR 
EMBRYO.—Any reference in this section to genetic 
information concerning an individual or family mem-
ber of an individual shall—
‘‘(A) with respect to such an individual or 
family member of an individual who is a preg-
nant woman, include genetic information of any 
fetus carried by such pregnant woman; and 
‘‘(B) with respect to an individual or fam-
ily member utilizing an assisted reproductive 
technology, include genetic information of any 
embryo legally held by the individual or family 
member.’’.
(3) 
CONFORMING
AMENDMENT.—Section 
1882(o) of the Social Security Act (42 U.S.C. 
1395ss(o)) is amended by adding at the end the fol-
lowing: 
‘‘(4) The issuer of the medicare supplemental 
policy complies with subsection (s)(2)(E) and sub-
section (x).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to an issuer of a medi-
care supplemental policy for policy years beginning on or 
after the date that is 18 months after the date of enact-
ment of this Act. 
(d) TRANSITION PROVISIONS.—
(1) IN GENERAL.—If the Secretary of Health 
and Human Services identifies a State as requiring 
a change to its statutes or regulations to conform its 
regulatory program to the changes made by this sec-
tion, the State regulatory program shall not be con-
sidered to be out of compliance with the require-
ments of section 1882 of the Social Security Act due 
solely to failure to make such change until the date 
specified in paragraph (4). 
(2) NAIC STANDARDS.—If, not later than June 
30, 2008, the National Association of Insurance 
Commissioners (in this subsection referred to as the
‘‘NAIC’’) modifies its NAIC Model Regulation relat-
ing to section 1882 of the Social Security Act (re-
ferred to in such section as the 1991 NAIC Model 
Regulation, as subsequently modified) to conform to 
the amendments made by this section, such revised 
regulation incorporating the modifications shall be 
considered to be the applicable NAIC model regula-
tion (including the revised NAIC model regulation 
and the 1991 NAIC Model Regulation) for the pur-
poses of such section. 
(3) SECRETARY
STANDARDS.—If the NAIC 
does not make the modifications described in para-
graph (2) within the period specified in such para-
graph, the Secretary of Health and Human Services 
shall, not later than October 1, 2008, make the 
modifications described in such paragraph and such 
revised regulation incorporating the modifications 
shall be considered to be the appropriate regulation 
for the purposes of such section. 
(4) DATE SPECIFIED.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), the date specified in this paragraph 
for a State is the earlier of—
(i) the date the State changes its stat-
utes or regulations to conform its regu-
latory program to the changes made by 
this section, or 
(ii) October 1, 2008. 
(B) ADDITIONAL LEGISLATIVE ACTION RE-
QUIRED.—In the case of a State which the Sec-
retary identifies as—
(i) requiring State legislation (other 
than legislation appropriating funds) to 
conform its regulatory program to the 
changes made in this section, but 
(ii) having a legislature which is not 
scheduled to meet in 2008 in a legislative 
session in which such legislation may be 
considered, the date specified in this para-
graph is the first day of the first calendar 
quarter beginning after the close of the 
first legislative session of the State legisla-
ture that begins on or after July 1, 2008. 
For purposes of the previous sentence, in 
the case of a State that has a 2-year legis-
lative session, each year of such session 
shall be deemed to be a separate regular 
session of the State legislature.
SEC. 105. PRIVACY AND CONFIDENTIALITY. 
(a) IN GENERAL.—Part C of title XI of the Social 
Security Act is amended by adding at the end the fol-
lowing new section: 
‘‘APPLICATION OF HIPAA REGULATIONS TO GENETIC 
INFORMATION 
‘‘SEC. 1180. (a) IN GENERAL.—The Secretary shall 
revise the HIPAA privacy regulation (as defined in sub-
section (b)) so it is consistent with the following: 
‘‘(1) Genetic information shall be treated as 
health information described in section 1171(4)(B). 
‘‘(2) The use or disclosure by a covered entity 
that is a group health plan, health insurance issuer 
that issues health insurance coverage, or issuer of a 
medicare supplemental policy of protected health in-
formation that is genetic information about an indi-
vidual for underwriting purposes under the group 
health plan, health insurance coverage, or medicare 
supplemental policy shall not be a permitted use or 
disclosure. 
‘‘(b) DEFINITIONS.—For purposes of this section: 
‘‘(1) GENETIC
INFORMATION; GENETIC
TEST; 
FAMILY MEMBER.—The terms ‘genetic information’, 
‘genetic test’, and ‘family member’ have the mean-
ings given such terms in section 2791 of the Public 
Health Service Act (42 U.S.C. 300gg–91), as
amended by the Genetic Information Nondiscrimina-
tion Act of 2007. 
‘‘(2) GROUP
HEALTH
PLAN; HEALTH
INSUR-
ANCE COVERAGE; MEDICARE SUPPLEMENTAL POL-
ICY.—The terms ‘group health plan’ and ‘health in-
surance coverage’ have the meanings given such 
terms under section 2791 of the Public Health Serv-
ice Act (42 U.S.C. 300gg–91), and the term ‘medi-
care supplemental policy’ has the meaning given 
such term in section 1882(g). 
‘‘(3) HIPAA PRIVACY REGULATION.—The term 
‘HIPAA privacy regulation’ means the regulations 
promulgated by the Secretary under this part and 
section 264 of the Health Insurance Portability and 
Accountability Act of 1996 (42 U.S.C. 1320d–2 
note). 
‘‘(4) UNDERWRITING
PURPOSES.—The term 
‘underwriting purposes’ means, with respect to a 
group health plan, health insurance coverage, or a 
medicare supplemental policy—
‘‘(A) rules for eligibility (including enroll-
ment and continued eligibility) for, or deter-
mination of, benefits under the plan, coverage, 
or policy;
Civil Rights Act of 1964 (42 U.S.C. 
2000e(f)); 
(ii) a State employee (including an ap-
plicant) described in section 304(a) of the 
Government Employee Rights Act of 1991 
(42 U.S.C. 2000e–16c(a)); 
(iii) a covered employee (including an 
applicant), as defined in section 101 of the 
Congressional Accountability Act of 1995 
(2 U.S.C. 1301); 
(iv) a covered employee (including an 
applicant), as defined in section 411(c) of 
title 3, United States Code; or 
(v) an employee or applicant to which 
section 717(a) of the Civil Rights Act of 
1964 (42 U.S.C. 2000e–16(a)) applies. 
(B) EMPLOYER.—The term ‘‘employer’’ 
means—
(i) an employer (as defined in section 
701(b) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(b))); 
(ii) an entity employing a State em-
ployee described in section 304(a) of the 
Government Employee Rights Act of 1991;
(iii) an employing office, as defined in 
section 101 of the Congressional Account-
ability Act of 1995; 
(iv) an employing office, as defined in 
section 411(c) of title 3, United States 
Code; or 
(v) an entity to which section 717(a) 
of the Civil Rights Act of 1964 applies. 
(C) EMPLOYMENT AGENCY; LABOR ORGA-
NIZATION.—The terms ‘‘employment agency’’ 
and ‘‘labor organization’’ have the meanings 
given the terms in section 701 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e). 
(D) MEMBER.—The term ‘‘member’’, with 
respect to a labor organization, includes an ap-
plicant for membership in a labor organization. 
(3) FAMILY MEMBER.—The term ‘‘family mem-
ber’’ means, with respect to an individual—
(A) a dependent (as such term is used for 
purposes of section 701(f)(2) of the Employee 
Retirement Income Security Act of 1974) of 
such individual, and 
(B) any other individual who is a first-de-
gree, second-degree, third-degree, or fourth-de-
gree relative of such individual or of an indi-
vidual described in subparagraph (A). 
(4) GENETIC INFORMATION.—
(A) IN GENERAL.—The term ‘‘genetic in-
formation’’ means, with respect to any indi-
vidual, information about—
(i) such individual’s genetic tests, 
(ii) the genetic tests of family mem-
bers of such individual, and 
(iii) subject to subparagraph (D), the 
manifestation of a disease or disorder in 
family members of such individual. 
(B) INCLUSION OF GENETIC SERVICES.—
Such term includes, with respect to any indi-
vidual, any request for, or receipt of, genetic 
services (including genetic services received pur-
suant to participation in clinical research) by 
such individual or any family member of such 
individual. 
(C) EXCLUSIONS.—The term ‘‘genetic in-
formation’’ shall not include information about 
the sex or age of any individual. 
(5) GENETIC MONITORING.—The term ‘‘genetic 
monitoring’’ means the periodic examination of em-
ployees to evaluate acquired modifications to their
genetic material, such as chromosomal damage or 
evidence of increased occurrence of mutations, that 
may have developed in the course of employment due 
to exposure to toxic substances in the workplace, in 
order to identify, evaluate, and respond to the ef-
fects of or control adverse environmental exposures 
in the workplace. 
(6) GENETIC
SERVICES.—The term ‘‘genetic 
services’’ means—
(A) a genetic test; 
(B) genetic counseling (including obtain-
ing, interpreting, or assessing genetic informa-
tion); or 
(C) genetic education. 
(7) GENETIC TEST.—
(A) IN
GENERAL.—The term ‘‘genetic 
test’’ means an analysis of human DNA, RNA, 
chromosomes, proteins, or metabolites, that de-
tects genotypes, mutations, or chromosomal 
changes. 
(B) EXCEPTIONS.—The term ‘‘genetic 
test’’ does not mean an analysis of proteins or 
metabolites that does not detect genotypes, 
mutations, or chromosomal changes.
SEC. 202. EMPLOYER PRACTICES. 
(a) DISCRIMINATION BASED ON GENETIC INFORMA-
TION.—It shall be an unlawful employment practice for 
an employer—
(1) to fail or refuse to hire, or to discharge, any 
employee, or otherwise to discriminate against any 
employee with respect to the compensation, terms, 
conditions, or privileges of employment of the em-
ployee, because of genetic information with respect 
to the employee; or 
(2) to limit, segregate, or classify the employees 
of the employer in any way that would deprive or 
tend to deprive any employee of employment oppor-
tunities or otherwise adversely affect the status of 
the employee as an employee, because of genetic in-
formation with respect to the employee. 
(b) ACQUISITION
OF GENETIC INFORMATION.—It 
shall be an unlawful employment practice for an employer 
to request, require, or purchase genetic information with 
respect to an employee or a family member of the em-
ployee except—
(1) where an employer inadvertently requests or 
requires family medical history of the employee or 
family member of the employee; 
(2) where—
(4) where an employer purchases documents 
that are commercially and publicly available (includ-
ing newspapers, magazines, periodicals, and books, 
but not including medical databases or court 
records) that include family medical history; 
(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 provides written notice of 
the genetic monitoring to the employee; 
(B)(i) the employee provides prior, know-
ing, voluntary, and written authorization; or 
(ii) the genetic monitoring is required by 
Federal or State law; 
(C) the employee is informed of individual 
monitoring results; 
(D) the monitoring is in compliance with—
(i) any Federal genetic monitoring 
regulations, including any such regulations 
that may be promulgated by the Secretary 
of Labor pursuant to the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.), the Federal Mine Safety and 
Health Act of 1977 (30 U.S.C. 801 et
seq.), or the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.); or 
(ii) State genetic monitoring regula-
tions, in the case of a State that is imple-
menting genetic monitoring regulations 
under the authority of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.); and 
(E) the employer, excluding any licensed 
health care professional or board certified ge-
netic 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; or 
(6) where the employer conducts DNA analysis 
for law enforcement purposes as a forensic labora-
tory, includes such analysis in the Combined DNA 
Index System pursuant to section 210304 of the 
Violent Crime Control and Law Enforcement Act of 
1994 (42 U.S.C. 14132), and requests or requires 
genetic information of such employer’s employees, 
but only to the extent that such genetic information 
is used for analysis of DNA identification markers 
for quality control to detect sample contamination.
(c) PRESERVATION OF PROTECTIONS.—In the case 
of information to which any of paragraphs (1) through 
(6) of subsection (b) applies, 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 sec-
tion 206. 
SEC. 203. EMPLOYMENT AGENCY PRACTICES. 
(a) DISCRIMINATION BASED ON GENETIC INFORMA-
TION.—It shall be an unlawful employment practice for 
an employment agency—
(1) to fail or refuse to refer for employment, or 
otherwise to discriminate against, any individual be-
cause of genetic information with respect to the indi-
vidual; 
(2) to limit, segregate, or classify individuals or 
fail or refuse to refer for employment any individual 
in any way that would deprive or tend to deprive any 
individual of employment opportunities, or otherwise 
adversely affect the status of the individual as an 
employee, because of genetic information with re-
spect to the individual; or 
(3) to cause or attempt to cause an employer to 
discriminate against an individual in violation of this 
title.
(b) ACQUISITION
OF GENETIC INFORMATION.—It 
shall be an unlawful employment practice for an employ-
ment agency to request, require, or purchase genetic infor-
mation with respect to an individual or a family member 
of the individual except—
(1) where an employment agency inadvertently 
requests or requires family medical history of the in-
dividual or family member of the individual; 
(2) where—
(A) health or genetic services are offered 
by the employment agency, including such serv-
ices offered as part of a bona fide wellness pro-
gram; 
(B) the individual provides prior, knowing, 
voluntary, and written authorization; 
(C) only the individual (or family member 
if the family member is receiving genetic serv-
ices) and the licensed health care professional 
or board certified genetic counselor involved in 
providing such services receive individually iden-
tifiable information concerning the results of 
such services; and 
(D) any individually identifiable genetic in-
formation provided under subparagraph (C) in 
connection with the services provided under
subparagraph (A) is only available for purposes 
of such services and shall not be disclosed to 
the employment agency except in aggregate 
terms that do not disclose the identity of spe-
cific individuals; 
(3) where an employment agency requests or re-
quires 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 purchases 
documents that are commercially and publicly avail-
able (including newspapers, magazines, periodicals, 
and books, but not including medical databases or 
court records) that include family medical history; or 
(5) where the information involved is to be used 
for genetic monitoring of the biological effects of 
toxic substances in the workplace, but only if—
(A) the employment agency provides writ-
ten notice of the genetic monitoring to the indi-
vidual; 
(B)(i) the individual provides prior, know-
ing, voluntary, and written authorization; or
(ii) the genetic monitoring is required by 
Federal or State law; 
(C) the individual is informed of individual 
monitoring results; 
(D) the monitoring is in compliance with—
(i) any Federal genetic monitoring 
regulations, including any such regulations 
that may be promulgated by the Secretary 
of Labor pursuant to the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.), the Federal Mine Safety and 
Health Act of 1977 (30 U.S.C. 801 et 
seq.), or the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.); or 
(ii) State genetic monitoring regula-
tions, in the case of a State that is imple-
menting genetic monitoring regulations 
under the authority of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.); and 
(E) the employment agency, excluding any 
licensed health care professional or board cer-
tified genetic counselor that is involved in the 
genetic monitoring program, receives the results 
of the monitoring only in aggregate terms that
do not disclose the identity of specific individ-
uals. 
(c) PRESERVATION OF PROTECTIONS.—In the case 
of information to which any of paragraphs (1) through 
(5) of subsection (b) applies, such information may not 
be used in violation of paragraph (1), (2), or (3) of sub-
section (a) or treated or disclosed in a manner that vio-
lates section 206. 
SEC. 204. LABOR ORGANIZATION PRACTICES. 
(a) DISCRIMINATION BASED ON GENETIC INFORMA-
TION.—It shall be an unlawful employment practice for 
a labor organization—
(1) to exclude or to expel from the membership 
of the organization, or otherwise to discriminate 
against, any member because of genetic information 
with respect to the member; 
(2) to limit, segregate, or classify the members 
of the organization, or fail or refuse to refer for em-
ployment any member, in any way that would de-
prive or tend to deprive any member of employment 
opportunities, or otherwise adversely affect the sta-
tus of the member as an employee, because of ge-
netic information with respect to the member; or
(3) to cause or attempt to cause an employer to 
discriminate against a member in violation of this 
title. 
(b) ACQUISITION
OF GENETIC INFORMATION.—It 
shall be an unlawful employment practice for a labor orga-
nization to request, require, or purchase genetic informa-
tion with respect to a member or a family member of the 
member except—
(1) where a labor organization inadvertently re-
quests 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, including such serv-
ices offered as part of a bona fide wellness pro-
gram; 
(B) the member provides prior, knowing, 
voluntary, and written authorization; 
(C) only the member (or family member if 
the family member is receiving genetic services) 
and the licensed health care professional or 
board certified genetic counselor involved in 
providing such services receive individually iden-
tifiable information concerning the results of 
such services; and
(D) any individually identifiable genetic in-
formation provided under subparagraph (C) in 
connection with the services provided under 
subparagraph (A) is only available for purposes 
of such services and shall not be disclosed to 
the labor organization except in aggregate 
terms that do not disclose the identity of spe-
cific members; 
(3) where a labor organization requests or re-
quires family medical history from the members 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 a labor organization purchases docu-
ments that are commercially and publicly available 
(including newspapers, magazines, periodicals, and 
books, but not including medical databases or court 
records) that include family medical history; or 
(5) where the information involved is to be used 
for genetic monitoring of the biological effects of 
toxic substances in the workplace, but only if—
(A) the labor organization provides written 
notice of the genetic monitoring to the member;
(B)(i) the member provides prior, knowing, 
voluntary, and written authorization; or 
(ii) the genetic monitoring is required by 
Federal or State law; 
(C) the member is informed of individual 
monitoring results; 
(D) the monitoring is in compliance with—
(i) any Federal genetic monitoring 
regulations, including any such regulations 
that may be promulgated by the Secretary 
of Labor pursuant to the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.), the Federal Mine Safety and 
Health Act of 1977 (30 U.S.C. 801 et 
seq.), or the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.); or 
(ii) State genetic monitoring regula-
tions, in the case of a State that is imple-
menting genetic monitoring regulations 
under the authority of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.); and 
(E) the labor organization, excluding any 
licensed health care professional or board cer-
tified genetic counselor that is involved in the
genetic monitoring program, receives the results 
of the monitoring only in aggregate terms that 
do not disclose the identity of specific members. 
(c) PRESERVATION OF PROTECTIONS.—In the case 
of information to which any of paragraphs (1) through 
(5) of subsection (b) applies, such information may not 
be used in violation of paragraph (1), (2), or (3) of sub-
section (a) or treated or disclosed in a manner that vio-
lates section 206. 
SEC. 205. TRAINING PROGRAMS. 
(a) DISCRIMINATION BASED ON GENETIC INFORMA-
TION.—It shall be an unlawful employment practice for 
any employer, labor organization, or joint labor-manage-
ment committee controlling apprenticeship or other train-
ing or retraining, including on-the-job training pro-
grams—
(1) to discriminate against any individual be-
cause of genetic information with respect to the indi-
vidual in admission to, or employment in, any pro-
gram established to provide apprenticeship or other 
training or retraining; 
(2) to limit, segregate, or classify the applicants 
for or participants in such apprenticeship or other 
training or retraining, or fail or refuse to refer for 
employment any individual, in any way that would
(4) where the employer, labor organization, or 
joint labor-management committee purchases docu-
ments that are commercially and publicly available 
(including newspapers, magazines, periodicals, and 
books, but not including medical databases or court 
records) that include family medical history; 
(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 organization, or 
joint labor-management committee provides 
written notice of the genetic monitoring to the 
individual; 
(B)(i) the individual provides prior, know-
ing, voluntary, and written authorization; or 
(ii) the genetic monitoring is required by 
Federal or State law; 
(C) the individual is informed of individual 
monitoring results; 
(D) the monitoring is in compliance with—
(i) any Federal genetic monitoring 
regulations, including any such regulations 
that may be promulgated by the Secretary 
of Labor pursuant to the Occupational 
Safety and Health Act of 1970 (29 U.S.C.
651 et seq.), the Federal Mine Safety and 
Health Act of 1977 (30 U.S.C. 801 et 
seq.), or the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.); or 
(ii) State genetic monitoring regula-
tions, in the case of a State that is imple-
menting genetic monitoring regulations 
under the authority of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.); and 
(E) the employer, labor organization, or 
joint labor-management committee, excluding 
any licensed health care professional or board 
certified genetic counselor that is involved in 
the genetic monitoring program, receives the re-
sults of the monitoring only in aggregate terms 
that do not disclose the identity of specific indi-
viduals; or 
(6) where the employer conducts DNA analysis 
for law enforcement purposes as a forensic labora-
tory, includes such analysis in the Combined DNA 
Index System pursuant to section 210304 of the 
Violent Crime Control and Law Enforcement Act of 
1994 (42 U.S.C. 14132), and requests or requires 
genetic information of such employer’s apprentices
or trainees, but only to the extent that such genetic 
information is used for analysis of DNA identifica-
tion markers for quality control to detect sample 
contamination. 
(c) PRESERVATION OF PROTECTIONS.—In the case 
of information to which any of paragraphs (1) through 
(6) of subsection (b) applies, such information may not 
be used in violation of paragraph (1), (2), or (3) of sub-
section (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 CON-
FIDENTIAL MEDICAL RECORD.—If an employer, employ-
ment agency, labor organization, or joint labor-manage-
ment committee possesses genetic information about an 
employee or member, such information shall be main-
tained on separate forms and in separate medical files and 
be treated as a confidential medical record of the employee 
or member. An employer, employment agency, labor orga-
nization, or joint labor-management committee shall be 
considered to be in compliance with the maintenance of 
information requirements of this subsection with respect 
to genetic information subject to this subsection that is 
maintained with and treated as a confidential medical
record under section 102(d)(3)(B) of the Americans With 
Disabilities Act (42 U.S.C. 12112(d)(3)(B)). 
(b) LIMITATION ON DISCLOSURE.—An employer, em-
ployment agency, labor organization, or joint labor-man-
agement committee shall not disclose genetic information 
concerning an employee or member except—
(1) to the employee or member of a labor orga-
nization (or family member if the family member is 
receiving the genetic services) at the written request 
of the employee or member of such organization; 
(2) to an occupational or other health re-
searcher if the research is conducted in compliance 
with the regulations and protections provided for 
under part 46 of title 45, Code of Federal Regula-
tions; 
(3) in response to an order of a court, except 
that—
(A) the employer, employment agency, 
labor organization, or joint labor-management 
committee may disclose only the genetic infor-
mation expressly 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, em-
ployment agency, labor organization, or joint
labor-management committee shall inform the 
employee or member of the court order and any 
genetic information that was disclosed pursuant 
to such order; 
(4) to government officials who are inves-
tigating compliance with this title if the information 
is relevant to the investigation; or 
(5) to the extent that such disclosure is made 
in connection with the employee’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. 
(c) RELATIONSHIP TO HIPAA REGULATIONS.—With 
respect to 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), this 
title does not prohibit a covered entity under such regula-
tions from any use or disclosure of health information that 
is authorized for the covered entity under such regula-
tions. The previous sentence does not affect the authority 
of such Secretary to modify such regulations.
SEC. 207. REMEDIES AND ENFORCEMENT. 
(a) EMPLOYEES COVERED BY TITLE VII OF THE 
CIVIL RIGHTS ACT OF 1964.—
(1) IN GENERAL.—The powers, remedies, 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 At-
torney General, 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 Commission, the Attorney General, 
or any person, respectively, alleging an unlawful em-
ployment practice in violation of this title against an 
employee described 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 of the United 
States (42 U.S.C. 1988), shall be powers, remedies, 
and procedures this title provides to the Commis-
sion, the Attorney General, or any person, alleging 
such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding the limitations contained in subsection (b)(3)
of such section 1977A, shall be powers, remedies, 
and procedures this title provides to the Commis-
sion, the Attorney General, or any person, alleging 
such a practice (not an employment practice specifi-
cally 
excluded 
from 
coverage 
under 
section 
1977A(a)(1) of the Revised Statutes of the United 
States). 
(b) EMPLOYEES COVERED
BY GOVERNMENT EM-
PLOYEE RIGHTS ACT OF 1991.—
(1) IN GENERAL.—The powers, remedies, 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 person, 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, re-
spectively, alleging an unlawful employment practice 
in violation of this title against an employee de-
scribed in section 201(2)(A)(ii), 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 of the United 
States (42 U.S.C. 1988), shall be powers, remedies,
and procedures this title provides to the Commis-
sion, or any person, alleging such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding the limitations contained in subsection (b)(3) 
of such section 1977A, shall be powers, remedies, 
and procedures this title provides to the Commis-
sion, or any person, alleging such a practice (not an 
employment practice specifically excluded from cov-
erage under section 1977A(a)(1) of the Revised 
Statutes of the United States). 
(c) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.—
(1) IN GENERAL.—The powers, remedies, and 
procedures provided in the Congressional Account-
ability Act of 1995 (2 U.S.C. 1301 et seq.) to the 
Board (as defined 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 unlawful employment practice in violation of this 
title against an employee described in section
201(2)(A)(iii), 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 of the United 
States (42 U.S.C. 1988), shall be powers, remedies, 
and procedures this title provides to that Board, or 
any person, alleging such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding 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 employ-
ment practice specifically excluded from coverage 
under section 1977A(a)(1) of the Revised Statutes 
of the United States). 
(4) OTHER APPLICABLE PROVISIONS.—With re-
spect to a claim alleging a practice described in 
paragraph (1), title III of the Congressional Ac-
countability 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 violation 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, remedies, and 
procedures provided in chapter 5 of title 3, United 
States Code, to the President, the Commission, the 
Merit Systems 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, remedies, 
and procedures provided in subsections (b) and (c) 
of section 722 of the Revised Statutes of the United 
States (42 U.S.C. 1988), shall be powers, remedies, 
and procedures this title provides to the President, 
the Commission, such Board, or any person, alleging 
such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding 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 employment practice specifi-
cally 
excluded 
from 
coverage 
under 
section 
1977A(a)(1) of the Revised Statutes of the United 
States). 
(e) EMPLOYEES COVERED BY SECTION 717 OF THE 
CIVIL RIGHTS ACT OF 1964.—
(1) IN GENERAL.—The powers, remedies, 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 
Congress, or any person, alleging a violation of that 
section shall be the powers, remedies, and proce-
dures this title provides to the Commission, the At-
torney General, the Librarian of Congress, or any 
person, respectively, alleging an unlawful employ-
ment practice in violation of this title against an em-
ployee 
or 
applicant 
described 
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 of the United
States (42 U.S.C. 1988), shall be powers, remedies, 
and procedures this title provides to the Commis-
sion, the Attorney General, the Librarian of Con-
gress, or any person, alleging such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding the limitations contained in subsection (b)(3) 
of such section 1977A, shall be powers, remedies, 
and procedures this title provides to the Commis-
sion, the Attorney General, the Librarian of Con-
gress, or any person, alleging such a practice (not an 
employment practice specifically excluded from cov-
erage under section 1977A(a)(1) of the Revised 
Statutes of the United States). 
(f) DEFINITION.—In this section, the term ‘‘Commis-
sion’’ means the Equal Employment Opportunity Commis-
sion. 
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 informa-
tion 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 estab-
lished a commission, to be known as the Genetic Non-
discrimination Study Commission (referred to in this sec-
tion as the ‘‘Commission’’) to review the developing 
science of genetics and to make recommendations to Con-
gress regarding whether to provide a disparate impact 
cause of action 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, Edu-
cation, Labor, and Pensions 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 Representatives;
100
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 Employ-
ment Opportunity Commission such sums as may be nec-
essary to carry out this section. 
SEC. 209. CONSTRUCTION. 
(a) IN GENERAL.—Nothing in this title shall be con-
strued to—
(1) limit the rights or protections of an indi-
vidual under any other Federal or State statute that 
provides equal or greater protection to an individual 
than the rights or protections provided for under 
this title, including the protections of an individual 
under the Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.) (including coverage af-
forded to individuals 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 indi-
vidual to bring an action under this title against an 
employer, employment agency, labor organization, or 
joint labor-management committee for a violation of 
this title; or
101
(B) provide for enforcement of, or penalties for 
violation of, any requirement or prohibition applica-
ble to any employer, employment agency, labor orga-
nization, or joint labor-management committee the 
enforcement of which, or penalties for which, are 
provided under the amendments made by title I; 
(3) apply to the Armed Forces Repository of 
Specimen Samples for the Identification of Remains; 
(4) limit or expand the protections, rights, or 
obligations of employees or employers under applica-
ble workers’ compensation laws; 
(5) limit the authority of a Federal department 
or agency to conduct or sponsor occupational or 
other health research that is conducted in compli-
ance with the regulations contained in part 46 of 
title 45, Code of Federal Regulations (or any cor-
responding or similar regulation or rule); 
(6) limit the statutory or regulatory authority 
of the Occupational Safety and Health Administra-
tion or the Mine Safety and Health Administration 
to promulgate or enforce workplace safety and 
health laws and regulations; or 
(7) require any specific benefit for an employee 
or member or a family member of an employee or 
member under any group health plan or health in-
102
surance issuer offering group health insurance cov-
erage in connection with a group health plan. 
(b) GENETIC INFORMATION OF A FETUS OR EM-
BRYO.—Any reference in this title to genetic information 
concerning an individual or family member of an indi-
vidual shall—
(1) with respect to such an individual 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 reproductive tech-
nology, include genetic information of any embryo le-
gally held by the individual or family member. 
SEC. 210. MEDICAL INFORMATION THAT IS NOT GENETIC 
INFORMATION. 
An employer, employment agency, labor organization, 
or joint labor-management committee shall not be consid-
ered to be in violation of this title based on the use, acqui-
sition, or disclosure of medical information that is not ge-
netic information about a manifested disease, disorder, or 
pathological condition of an employee or member, includ-
ing a manifested disease, disorder, or pathological condi-
tion that has or may have a genetic basis.
103
SEC. 211. REGULATIONS. 
Not later than 1 year after the date of enactment 
of this title, the Commission shall issue final regulations 
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 sec-
tion 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 
PROVISIONS 
SEC. 301. GUARANTEE AGENCY COLLECTION RETENTION. 
Clause (ii) of section 428(c)(6)(A) of the Higher 
Education Act of 1965 (20 U.S.C. 1078(c)(6)(A)) is 
amended to read as follows: 
‘‘(ii) an amount equal to 23 percent of 
such payments for use in accordance with sec-
tion 422B, except that beginning October 1, 
2007, and ending September 30, 2008, this 
subparagraph shall be applied by substituting 
‘22 percent’ for ‘23 percent’.’’. 
SEC. 302. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amend-
104
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act, the amendments made 
by this Act, and the application of such provisions to any 
person or circumstance shall not be affected thereby. 
Passed the House of Representatives April 25, 2007. 
Attest:
Clerk.
110TH CONGRESS 
1ST SESSION 
H. R. 493
AN ACT 
To prohibit discrimination on the basis of genetic 
information with respect to health insurance and 
employment.