HR 493 PCS
SEC. 102. AMENDMENTS TO THE PUBLIC HEALTH SERVICE 
ACT. 
(a) AMENDMENTS RELATING TO THE GROUP MAR-
KET.— 
(1) NO DISCRIMINATION IN GROUP PREMIUMS 
BASED
ON
GENETIC
INFORMATION.—Section 
2702(b) of the Public Health Service Act (42 U.S.C. 
300gg–1(b)) is amended— 
(A) in paragraph (2)(A), by inserting be-
fore the semicolon the following: ‘‘except as pro-
vided in paragraph (3)’’; and 
(B) by adding at the end the following: 
‘‘(3) NO
GROUP-BASED
DISCRIMINATION
ON 
BASIS OF GENETIC INFORMATION.—For purposes of 
this section, a group health plan, and health insur-
ance issuer offering group health insurance coverage 
in connection with a group health plan, may not ad-
just premium or contribution amounts for the group 
covered under such plan on the basis of genetic in-
formation.’’. 
(2) LIMITATIONS ON GENETIC TESTING; PROHI-
BITION ON COLLECTION OF GENETIC INFORMATION; 
APPLICATION TO ALL PLANS.—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.— 
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‘‘(1) LIMITATION ON REQUESTING OR REQUIR-
ING GENETIC TESTING.—A group health plan, and a 
health insurance issuer offering health insurance 
coverage in connection with a group health plan, 
shall not request or require an individual or a family 
member of such individual to undergo a genetic test. 
‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) 
shall not be construed to limit the authority of a 
health care professional who is providing health care 
services to an individual to request that such indi-
vidual undergo a genetic test. 
‘‘(3) RULE OF CONSTRUCTION REGARDING PAY-
MENT.— 
‘‘(A) IN GENERAL.—Nothing in paragraph 
(1) shall be construed to preclude a group 
health plan, or a health insurance issuer offer-
ing health insurance coverage in connection 
with a group health plan, from obtaining and 
using the results of a genetic test in making a 
determination regarding payment (as such term 
is defined for the purposes of applying the regu-
lations promulgated by the Secretary under 
part C of title XI of the Social Security Act and 
section 264 of the Health Insurance Portability 
and Accountability Act of 1996, as may be re-
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vised from time to time) consistent with sub-
section (a). 
‘‘(B) LIMITATION.—For purposes of sub-
paragraph (A), a group health plan, or a health 
insurance issuer offering health insurance cov-
erage in connection with a group health plan, 
may request only the minimum amount of in-
formation necessary to accomplish the intended 
purpose. 
‘‘(4) RESEARCH EXCEPTION.—Notwithstanding 
paragraph (1), a group health plan, or a health in-
surance issuer offering health insurance coverage in 
connection with a group health plan, may request, 
but not require, that a participant or beneficiary un-
dergo a genetic test if each of the following condi-
tions is met: 
‘‘(A) The request is made pursuant to re-
search that complies with part 46 of title 45, 
Code of Federal Regulations, or equivalent Fed-
eral regulations, and any applicable State or 
local law or regulations for the protection of 
human subjects in research. 
‘‘(B) The plan or issuer clearly indicates to 
each participant or beneficiary, or in the case of 
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a minor child, to the legal guardian of such 
beneficiary, to whom the request is made that— 
‘‘(i) compliance with the request is 
voluntary; and 
‘‘(ii) non-compliance will have no ef-
fect on enrollment status or premium or 
contribution amounts. 
‘‘(C) No genetic information collected or 
acquired under this paragraph shall be used for 
underwriting purposes. 
‘‘(D) The plan or issuer notifies the Sec-
retary in writing that the plan or issuer is con-
ducting activities pursuant to the exception pro-
vided for under this paragraph, including a de-
scription of the activities conducted. 
‘‘(E) The plan or issuer complies with such 
other conditions as the Secretary may by regu-
lation require for activities conducted under this 
paragraph. 
‘‘(d) PROHIBITION ON COLLECTION OF GENETIC IN-
FORMATION.— 
‘‘(1) IN GENERAL.—A group health plan, and a 
health insurance issuer offering health insurance 
coverage in connection with a group health plan, 
shall not request, require, or purchase genetic infor-
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mation for underwriting purposes (as defined in sec-
tion 2791). 
‘‘(2) PROHIBITION
ON
COLLECTION
OF
GE-
NETIC
INFORMATION
PRIOR
TO
ENROLLMENT.—A 
group health plan, and a health insurance issuer of-
fering health insurance coverage in connection with 
a group health plan, shall not request, require, or 
purchase genetic information with respect to any in-
dividual prior to such individual’s enrollment under 
the plan or coverage in connection with such enroll-
ment. 
‘‘(3) INCIDENTAL
COLLECTION.—If a group 
health plan, or a health insurance issuer offering 
health insurance coverage in connection with a group 
health plan, obtains genetic information incidental to 
the requesting, requiring, or purchasing of other in-
formation concerning any individual, such request, 
requirement, or purchase shall not be considered a 
violation of paragraph (2) if such request, require-
ment, or purchase is not in violation of paragraph 
(1). 
‘‘(e) APPLICATION TO ALL PLANS.—The provisions 
of subsections (a)(1)(F), (b)(3), (c) , and (d) and sub-
section (b)(1) and section 2701 with respect to genetic in-
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formation, shall apply to group health plans and health 
insurance issuers without regard to section 2721(a).’’. 
(3) APPLICATION TO GENETIC INFORMATION OF 
A
FETUS
OR
EMBRYO.—Such section is further 
amended by adding at the end the following: 
‘‘(f) GENETIC INFORMATION OF A FETUS OR EM-
BRYO.—Any reference in this part to genetic information 
concerning an individual or family member of an indi-
vidual shall— 
‘‘(1) with respect to such an individual or fam-
ily member of an individual who is a pregnant 
woman, include genetic information of any fetus car-
ried 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.’’. 
(4) DEFINITIONS.—Section 2791(d) of the Pub-
lic Health Service Act (42 U.S.C. 300gg–91(d)) is 
amended by adding at the end the following: 
‘‘(15) FAMILY
MEMBER.—The term ‘family 
member’ means, with respect to any individual— 
‘‘(A) a dependent (as such term is used for 
purposes of section 2701(f)(2)) of such indi-
vidual; and 
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‘‘(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). 
‘‘(16) 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. 
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‘‘(D) APPLICATION TO FAMILY MEMBERS 
COVERED UNDER SAME PLAN.—Information de-
scribed in clause (iii) of subparagraph (A) shall 
not be treated as genetic information to the ex-
tent that such information is taken into account 
only with respect to the individual in which 
such disease or disorder is manifested and not 
as genetic information with respect to any other 
individual. 
‘‘(17) 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— 
‘‘(i) an analysis of proteins or metabo-
lites that does not detect genotypes, 
mutations, or chromosomal changes; or 
‘‘(ii) an analysis of proteins or me-
tabolites that is directly related to a mani-
fested disease, disorder, or pathological 
condition that could reasonably be detected 
by a health care professional with appro-
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priate training and expertise in the field of 
medicine involved. 
‘‘(18) 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. 
‘‘(19) UNDERWRITING
PURPOSES.—The term 
‘underwriting purposes’ means, with respect to any 
group health plan, or health insurance coverage of-
fered in connection with a group health plan— 
‘‘(A) rules for, or determination of, eligi-
bility (including enrollment and continued eligi-
bility) for benefits under the plan or coverage; 
‘‘(B) the computation of premium or con-
tribution amounts under the plan or coverage; 
‘‘(C) the application of any pre-existing 
condition exclusion under the plan or coverage; 
and 
‘‘(D) other activities related to the cre-
ation, renewal, or replacement of a contract of 
health insurance or health benefits.’’. 
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(5) REMEDIES
AND
ENFORCEMENT.—Section 
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 de-
scribed in paragraph (1), notwithstanding the 
provisions of paragraph (2)(C), the succeeding 
subparagraphs of this paragraph shall apply 
with respect to an action under this subsection 
by the Secretary with respect to any failure of 
a health insurance issuer in connection with a 
group health plan, to meet the requirements of 
subsection (a)(1)(F), (b)(3), (c), or (d) of sec-
tion 2702 or section 2701 or 2702(b)(1) with 
respect to genetic information in connection 
with the plan. 
‘‘(B) AMOUNT.— 
‘‘(i) IN
GENERAL.—The amount of 
the penalty imposed under this paragraph 
shall be $100 for each day in the non-
compliance period with respect to each par-
ticipant or beneficiary to whom such fail-
ure relates. 
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‘‘(ii) NONCOMPLIANCE PERIOD.—For 
purposes of this paragraph, the term ‘non-
compliance period’ means, with respect to 
any failure, the period— 
‘‘(I) beginning on the date such 
failure first occurs; and 
‘‘(II) ending on the date the fail-
ure is corrected. 
‘‘(C) MINIMUM PENALTIES WHERE FAIL-
URE DISCOVERED.—Notwithstanding clauses (i) 
and (ii) of subparagraph (D): 
‘‘(i) IN GENERAL.—In the case of 1 or 
more failures with respect to an indi-
vidual— 
‘‘(I) which are not corrected be-
fore the date on which the plan re-
ceives a notice from the Secretary of 
such violation; and 
‘‘(II) which occurred or continued 
during the period involved; 
the amount of penalty imposed by subpara-
graph (A) by reason of such failures with 
respect to such individual shall not be less 
than $2,500. 
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‘‘(ii) 
HIGHER
MINIMUM
PENALTY 
WHERE VIOLATIONS ARE MORE THAN DE 
MINIMIS.—To the extent violations for 
which any person is liable under this para-
graph for any year are more than de mini-
mis, clause (i) shall be applied by sub-
stituting ‘$15,000’ for ‘$2,500’ with re-
spect to such person. 
‘‘(D) LIMITATIONS.— 
‘‘(i) PENALTY NOT TO APPLY WHERE 
FAILURE
NOT
DISCOVERED
EXERCISING 
REASONABLE
DILIGENCE.—No 
penalty 
shall be imposed by subparagraph (A) on 
any failure during any period for which it 
is established to the satisfaction of the 
Secretary that the person otherwise liable 
for such penalty did not know, and exer-
cising reasonable diligence would not have 
known, that such failure existed. 
‘‘(ii) PENALTY
NOT
TO
APPLY
TO 
FAILURES
CORRECTED
WITHIN
CERTAIN 
PERIODS.—No penalty shall be imposed by 
subparagraph (A) on any failure if— 
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‘‘(I) such failure was due to rea-
sonable cause and not to willful ne-
glect; and 
‘‘(II) such failure is corrected 
during the 30-day period beginning on 
the first date the person otherwise lia-
ble for such penalty knew, or exer-
cising reasonable diligence would have 
known, that such failure existed. 
‘‘(iii) OVERALL LIMITATION FOR UN-
INTENTIONAL FAILURES.—In the case of 
failures which are due to reasonable cause 
and not to willful neglect, the penalty im-
posed by subparagraph (A) for failures 
shall not exceed the amount equal to the 
lesser of— 
‘‘(I) 10 percent of the aggregate 
amount paid or incurred by the em-
ployer (or predecessor employer) dur-
ing 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 reasonable cause 
and not to willful neglect, the Secretary may 
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waive part or all of the penalty imposed by sub-
paragraph (A) to the extent that the payment 
of such penalty would be excessive relative to 
the failure involved.’’. 
(b) AMENDMENT RELATING
TO
THE INDIVIDUAL 
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 re-
quirements) is amended— 
(A) by redesignating such subpart as sub-
part 2; and 
(B) by adding at the end the following: 
‘‘SEC. 2753. PROHIBITION OF HEALTH DISCRIMINATION ON 
THE BASIS OF GENETIC INFORMATION. 
‘‘(a) PROHIBITION ON GENETIC INFORMATION AS A 
CONDITION OF ELIGIBILITY.—A health insurance issuer 
offering health insurance coverage in the individual mar-
ket may not establish rules for the eligibility (including 
continued eligibility) of any individual to enroll in indi-
vidual health insurance coverage based on genetic infor-
mation. 
‘‘(b) PROHIBITION ON GENETIC INFORMATION IN 
SETTING PREMIUM RATES.—A health insurance issuer of-
fering health insurance coverage in the individual market 
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shall not adjust premium or contribution amounts for an 
individual on the basis of genetic information concerning 
the individual or a family member of the individual. 
‘‘(c) PROHIBITION ON GENETIC INFORMATION AS 
PREEXISTING CONDITION.—A health insurance issuer of-
fering health insurance coverage in the individual market 
may not, on the basis of genetic information, 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 REQUIR-
ING GENETIC TESTING.—A health insurance issuer 
offering health insurance coverage in the individual 
market shall not request or require an individual or 
a family member of such individual to undergo a ge-
netic test. 
‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) 
shall not be construed to limit the authority of a 
health care professional who is providing health care 
services to an individual to request that such indi-
vidual undergo a genetic test. 
‘‘(3) RULE OF CONSTRUCTION REGARDING PAY-
MENT.— 
‘‘(A) IN GENERAL.—Nothing in paragraph 
(1) shall be construed to preclude a health in-
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surance issuer offering health insurance cov-
erage in the individual market from obtaining 
and using the results of a genetic test in mak-
ing a determination regarding payment (as such 
term is defined for the purposes of applying the 
regulations promulgated by the Secretary under 
part C of title XI of the Social Security Act and 
section 264 of the Health Insurance Portability 
and Accountability Act of 1996, as may be re-
vised from time to time) consistent with sub-
section (a) and (c). 
‘‘(B) LIMITATION.—For purposes of sub-
paragraph (A), a health insurance issuer offer-
ing health insurance coverage in the individual 
market may request only the minimum amount 
of information necessary to accomplish the in-
tended purpose. 
‘‘(4) RESEARCH EXCEPTION.—Notwithstanding 
paragraph (1), a health insurance issuer offering 
health insurance coverage in the individual market 
may request, but not require, that an individual or 
a family member of such individual undergo a ge-
netic test if each of the following conditions is met: 
‘‘(A) The request is made pursuant to re-
search that complies with part 46 of title 45, 
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Code of Federal Regulations, or equivalent Fed-
eral regulations, and any applicable State or 
local law or regulations for the protection of 
human subjects in research. 
‘‘(B) 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 ef-
fect on enrollment status or premium or 
contribution amounts. 
‘‘(C) No genetic information collected or 
acquired under this paragraph shall be used for 
underwriting purposes. 
‘‘(D) The issuer notifies the Secretary in 
writing that the issuer is conducting activities 
pursuant to the exception provided for under 
this paragraph, including a description of the 
activities conducted. 
‘‘(E) The issuer complies with such other 
conditions as the Secretary may by regulation 
require for activities conducted under this para-
graph. 
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‘‘(e) PROHIBITION ON COLLECTION OF GENETIC IN-
FORMATION.— 
‘‘(1) IN GENERAL.—A health insurance issuer 
offering health insurance coverage in the individual 
market shall not request, require, or purchase ge-
netic information for underwriting purposes (as de-
fined in section 2791). 
‘‘(2) PROHIBITION
ON
COLLECTION
OF
GE-
NETIC
INFORMATION
PRIOR
TO
ENROLLMENT.—A 
health insurance issuer offering health insurance 
coverage in the individual market shall not request, 
require, or purchase genetic information with respect 
to any individual prior to such individual’s enroll-
ment under the plan in connection with such enroll-
ment. 
‘‘(3) INCIDENTAL COLLECTION.—If a health in-
surance issuer offering health insurance coverage in 
the individual market obtains genetic information in-
cidental to the requesting, requiring, or purchasing 
of other information concerning any individual, such 
request, requirement, or purchase shall not be con-
sidered a violation of paragraph (2) if such request, 
requirement, or purchase is not in violation of para-
graph (1). 
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‘‘(f) GENETIC INFORMATION OF A FETUS OR EM-
BRYO.—Any reference in this part to genetic information 
concerning an individual or family member of an indi-
vidual shall— 
‘‘(1) with respect to such an individual or fam-
ily member of an individual who is a pregnant 
woman, include genetic information of any fetus car-
ried 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.’’. 
(2) REMEDIES
AND
ENFORCEMENT.—Section 
2761(b) of the Public Health Service Act (42 U.S.C. 
300gg–61(b)) is amended to read as follows: 
‘‘(b) SECRETARIAL ENFORCEMENT AUTHORITY.— 
The Secretary shall have the same authority in relation 
to enforcement of the provisions 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 viola-
tions of genetic nondiscrimination provisions, in relation 
to the enforcement of the provisions of part A with respect 
to issuers of health insurance coverage in the small group 
market in the State.’’. 
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(c) ELIMINATION
OF OPTION
OF NON-FEDERAL 
GOVERNMENTAL PLANS TO BE EXCEPTED FROM RE-
QUIREMENTS CONCERNING GENETIC INFORMATION.— 
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 ‘‘Except as provided in 
subparagraph (D), if the plan sponsor’’; and 
(2) by adding at the end the following: 
‘‘(D) ELECTION NOT APPLICABLE TO RE-
QUIREMENTS CONCERNING GENETIC INFORMA-
TION.—The election described in subparagraph 
(A) shall not be available with respect to the 
provisions of subsections (a)(1)(F), (b)(3), (c), 
and (d) of section 2702 and the provisions of 
sections 2701 and 2702(b) to the extent that 
such provisions apply to genetic information.’’. 
(d) REGULATIONS AND EFFECTIVE DATE.— 
(1) REGULATIONS.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Health and Human Services shall issue final regula-
tions to carry out the amendments made by this sec-
tion. 
(2) EFFECTIVE DATE.—The amendments made 
by this section shall apply— 
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(A) with respect to group health plans, and 
health insurance coverage offered in connection 
with group health plans, for plan years begin-
ning after the date that is 18 months after the 
date of enactment of this Act; and 
(B) with respect to health insurance cov-
erage offered, sold, issued, renewed, in effect, or 
operated in the individual market after the date 
that is 18 months after the date of enactment 
of this Act. 
SEC. 103. AMENDMENTS TO THE INTERNAL REVENUE CODE 
OF 1986. 
(a) NO
DISCRIMINATION
IN
GROUP
PREMIUMS 
BASED ON GENETIC INFORMATION.—Subsection (b) of 
section 9802 of the Internal Revenue Code of 1986 is 
amended— 
(1) in paragraph (2)(A), by inserting before the 
semicolon the following: ‘‘except as provided in para-
graph (3)’’; and 
(2) by adding at the end the following: 
‘‘(3) NO
GROUP-BASED
DISCRIMINATION
ON 
BASIS OF GENETIC INFORMATION.—For purposes of 
this section, a group health plan may not adjust pre-
mium or contribution amounts for the group covered 
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under such plan on the basis of genetic informa-
tion.’’. 
(b) LIMITATIONS ON GENETIC TESTING; PROHIBI-
TION ON COLLECTION OF GENETIC INFORMATION; APPLI-
CATION TO ALL PLANS.—Section 9802 of such Code is 
amended by redesignating subsection (c) as subsection (f) 
and by inserting after subsection (b) the following new 
subsections: 
‘‘(c) GENETIC TESTING.— 
‘‘(1) LIMITATION ON REQUESTING OR REQUIR-
ING GENETIC TESTING.—A group health plan may 
not request or require an individual or a family 
member of such individual to undergo a genetic test. 
‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) 
shall not be construed to limit the authority of a 
health care professional who is providing health care 
services to an individual to request that such indi-
vidual undergo a genetic test. 
‘‘(3) RULE OF CONSTRUCTION REGARDING PAY-
MENT.— 
‘‘(A) IN GENERAL.—Nothing in paragraph 
(1) shall be construed to preclude a group 
health plan from obtaining and using the re-
sults of a genetic test in making a determina-
tion regarding payment (as such term is defined 
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for the purposes of applying the regulations 
promulgated by the Secretary of Health and 
Human Services under part C of title XI of the 
Social Security Act and section 264 of the 
Health Insurance Portability and Accountability 
Act of 1996, as may be revised from time to 
time) consistent with subsection (a). 
‘‘(B) LIMITATION.—For purposes of sub-
paragraph (A), a group health plan may re-
quest only the minimum amount of information 
necessary to accomplish the intended purpose. 
‘‘(4) RESEARCH EXCEPTION.—Notwithstanding 
paragraph (1), a group health plan may request, but 
not require, that a participant or beneficiary under-
go a genetic test if each of the following conditions 
is met: 
‘‘(A) The request is made pursuant to re-
search that complies with part 46 of title 45, 
Code of Federal Regulations, or equivalent Fed-
eral regulations, and any applicable State or 
local law or regulations for the protection of 
human subjects in research. 
‘‘(B) The plan clearly indicates to each 
participant or beneficiary, or in the case of a 
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minor child, to the legal guardian of such bene-
ficiary, to whom the request is made that— 
‘‘(i) compliance with the request is 
voluntary; and 
‘‘(ii) non-compliance will have no ef-
fect on enrollment status or premium or 
contribution amounts. 
‘‘(C) No genetic information collected or 
acquired under this paragraph shall be used for 
underwriting purposes. 
‘‘(D) The plan notifies the Secretary in 
writing that the plan is conducting activities 
pursuant to the exception provided for under 
this paragraph, including a description of the 
activities conducted. 
‘‘(E) The plan complies with such other 
conditions as the Secretary may by regulation 
require for activities conducted under this para-
graph. 
‘‘(d) PROHIBITION ON COLLECTION OF GENETIC IN-
FORMATION.— 
‘‘(1) IN GENERAL.—A group health plan shall 
not request, require, or purchase genetic information 
for underwriting purposes (as defined in section 
9832). 
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‘‘(2) PROHIBITION
ON
COLLECTION
OF
GE-
NETIC
INFORMATION
PRIOR
TO
ENROLLMENT.—A 
group health plan shall not request, require, or pur-
chase genetic information with respect to any indi-
vidual prior to such individual’s enrollment under 
the plan or in connection with such enrollment. 
‘‘(3) INCIDENTAL
COLLECTION.—If a group 
health plan obtains genetic information incidental to 
the requesting, requiring, or purchasing of other in-
formation concerning any individual, such request, 
requirement, or purchase shall not be considered a 
violation of paragraph (2) if such request, require-
ment, or purchase is not in violation of paragraph 
(1). 
‘‘(e) APPLICATION TO ALL PLANS.—The provisions 
of subsections (a)(1)(F), (b)(3), (c), and (d) and sub-
section (b)(1) and section 9801 with respect to genetic in-
formation, shall apply to group health plans without re-
gard to section 9831(a)(2).’’. 
(c) APPLICATION TO GENETIC INFORMATION OF A 
FETUS OR EMBRYO.—Such section is further amended by 
adding at the end the following: 
‘‘(f) GENETIC INFORMATION OF A FETUS OR EM-
BRYO.—Any reference in this chapter to genetic informa-
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‘‘(8) 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— 
‘‘(i) an analysis of proteins or metabo-
lites that does not detect genotypes, 
mutations, or chromosomal changes, or 
‘‘(ii) an analysis of proteins or me-
tabolites that is directly related to a mani-
fested disease, disorder, or pathological 
condition that could reasonably be detected 
by a health care professional with appro-
priate training and expertise in the field of 
medicine involved. 
‘‘(9) 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. 
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‘‘(10) UNDERWRITING
PURPOSES.—The term 
‘underwriting purposes’ means, with respect to any 
group health plan ,or health insurance coverage of-
fered in connection with a group health plan— 
‘‘(A) rules for, or determination of, eligi-
bility (including enrollment and continued eligi-
bility) for benefits under the plan or coverage; 
‘‘(B) the computation of premium or con-
tribution amounts under the plan or coverage; 
‘‘(C) the application of any pre-existing 
condition exclusion under the plan or coverage; 
and 
‘‘(D) other activities related to the cre-
ation, renewal, or replacement of a contract of 
health insurance or health benefits.’’. 
(e) ENFORCEMENT.— 
(1) IN
GENERAL.—Subchapter C of chapter 
100 of the Internal Revenue Code of 1986 (relating 
to general provisions) is amended by adding at the 
end the following new section: 
‘‘SEC. 9834. ENFORCEMENT. 
‘‘For the imposition of tax on any failure of a group 
health plan to meet the requirements of this chapter, see 
section 4980D.’’. 
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(2) CONFORMING AMENDMENT.—The table of 
sections for subchapter C of chapter 100 of such 
Code is amended by adding at the end the following 
new item: 
‘‘Sec. 9834. Enforcement.’’. 
(f) REGULATIONS AND EFFECTIVE DATE.— 
(1) REGULATIONS.—The Secretary of the 
Treasury shall issue final regulations or other guid-
ance not later than 1 year after the date of the en-
actment of this Act to carry out the amendments 
made by this section. 
(2) EFFECTIVE DATE.—The amendments made 
by this section shall apply with respect to group 
health plans for plan years beginning after the date 
that is 18 months after the date of the enactment 
of this Act. 
SEC. 104. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SE-
CURITY ACT RELATING TO MEDIGAP. 
(a) NONDISCRIMINATION.—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) An issuer of a medicare supplemental 
policy shall not deny or condition the issuance 
or effectiveness of the policy (including the im-
position of any exclusion of benefits under the 
policy based on a pre-existing condition) and 
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shall not discriminate in the pricing of the pol-
icy (including the adjustment of premium rates) 
of an individual on the basis of the genetic in-
formation with respect to such individual.’’. 
(b) LIMITATIONS ON GENETIC TESTING AND GE-
NETIC INFORMATION.— 
(1) IN GENERAL.—Section 1882 of the Social 
Security Act (42 U.S.C. 1395ss) is amended by add-
ing at the end the following: 
‘‘(x) LIMITATIONS ON GENETIC TESTING AND IN-
FORMATION.— 
‘‘(1) GENETIC TESTING.— 
‘‘(A) LIMITATION ON REQUESTING OR RE-
QUIRING
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.—Subpara-
graph (A) shall not be construed to limit the 
authority of a health care professional who is 
providing health care services to an individual 
to request that such individual undergo a ge-
netic test. 
‘‘(C) RULE OF CONSTRUCTION REGARDING 
PAYMENT.— 
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‘‘(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: 
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‘‘(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-
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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 
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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 
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professional with appropriate training 
and expertise in the field of medicine 
involved. 
‘‘(D) GENETIC SERVICES.—The term ‘ge-
netic services’ means— 
‘‘(i) a genetic test; 
‘‘(ii) genetic counseling (including ob-
taining, interpreting, or assessing genetic 
information); or 
‘‘(iii) genetic education. 
‘‘(E) 
UNDERWRITING
PURPOSES.—The 
term ‘underwriting purposes’ means, with re-
spect to a medicare supplemental policy— 
‘‘(i) rules for, or determination of, eli-
gibility (including enrollment and contin-
ued eligibility) for benefits under the pol-
icy; 
‘‘(ii) the computation of premium or 
contribution amounts under the policy; 
‘‘(iii) the application of any pre-exist-
ing condition exclusion under the policy; 
and 
‘‘(iv) other activities related to the 
creation, renewal, or replacement of a con-
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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.’’. 
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(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 
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‘‘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-
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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. 
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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 
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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; 
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‘‘(B) the computation of premium or con-
tribution amounts under the plan, coverage, or 
policy; 
‘‘(C) the application of any pre-existing 
condition exclusion under the plan, coverage, or 
policy; and 
‘‘(D) other activities related to the cre-
ation, renewal, or replacement of a contract of 
health insurance or health benefits. 
‘‘(c) PROCEDURE.—The revisions under subsection 
(a) shall be made by notice in the Federal Register pub-
lished not later than 60 days after the date of the enact-
ment of this section and shall be effective upon publica-
tion, without opportunity for any prior public comment, 
but may be revised, consistent with this section, after op-
portunity for public comment. 
‘‘(d) ENFORCEMENT.—In addition to any other sanc-
tions or remedies that may be available under law, a cov-
ered entity that is a group health plan, health insurance 
issuer, or issuer of a medicare supplemental policy and 
that violates the HIPAA privacy regulation (as revised 
under subsection (a) or otherwise) with respect to the use 
or disclosure of genetic information shall be subject to the 
penalties described in sections 1176 and 1177 in the same 
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manner and to the same extent that such penalties apply 
to violations of this part.’’. 
(b) REGULATIONS; EFFECTIVE DATE.— 
(1) REGULATIONS.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary 
of Health and Human Services shall issue final reg-
ulations to carry out the revision required by section 
1180(a) of the Social Security Act, as added by sub-
section (a). The Secretary has the sole authority to 
promulgate such regulations, but shall promulgate 
such regulations in consultation with the Secretaries 
of Labor and the Treasury. 
(2) EFFECTIVE DATE.—The amendment made 
by subsection (a) shall take effect on the date that 
is 18 months after the date of the enactment of this 
Act. 
SEC. 106. ASSURING COORDINATION. 
Except as provided in section 105(b)(1), the Sec-
retary of Health and Human Services, the Secretary of 
Labor, and the Secretary of the Treasury shall ensure, 
through the execution of an interagency memorandum of 
understanding among such Secretaries, that— 
(1) regulations, rulings, and interpretations 
issued by such Secretaries relating to the same mat-
ter over which two or more such Secretaries have re-
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sponsibility 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 coordinated enforcement strategy 
that avoids duplication of enforcement efforts and 
assigns priorities in enforcement. 
TITLE 
II—PROHIBITING 
EM-
PLOYMENT DISCRIMINATION 
ON THE BASIS OF GENETIC 
INFORMATION 
SEC. 201. DEFINITIONS. 
In this title: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Equal Employment Opportunity Commis-
sion as created by section 705 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e–4). 
(2) 
EMPLOYEE; 
EMPLOYER; 
EMPLOYMENT 
AGENCY; LABOR ORGANIZATION; MEMBER.— 
(A) IN GENERAL.—The term ‘‘employee’’ 
means— 
(i) an employee (including an appli-
cant), as defined in section 701(f) of the 
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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; 
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(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-
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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 
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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. 
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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— 
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(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 authorization; 
(C) only the employee (or family member 
if the family member is receiving genetic serv-
ices) and the licensed health care professional 
or board certified genetic counselor involved in 
providing such services receive individually iden-
tifiable information concerning the results of 
such services; and 
(D) any individually identifiable genetic in-
formation provided under subparagraph (C) in 
connection with the services provided under 
subparagraph (A) is only available for purposes 
of such services and shall not be disclosed to 
the employer except in aggregate terms that do 
not disclose the identity of specific employees; 
(3) where an employer requests or requires 
family medical history from the employee to comply 
with the certification provisions of section 103 of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 
2613) or such requirements under State family and 
medical leave laws; 
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(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 
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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. 
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(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. 
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(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 
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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 
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(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 
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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 
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(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 
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(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; 
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(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 
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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 
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deprive or tend to deprive any individual of employ-
ment opportunities, or otherwise adversely affect the 
status of the individual as an employee, because of 
genetic information with respect to the individual; or 
(3) to cause or attempt to cause an employer to 
discriminate against an applicant for or a partici-
pant in such apprenticeship or other training or re-
training in violation of this title. 
(b) ACQUISITION
OF GENETIC INFORMATION.—It 
shall be an unlawful employment practice for an employer, 
labor organization, or joint labor-management committee 
described in subsection (a) to request, require, or purchase 
genetic information with respect to an individual or a fam-
ily member of the individual except— 
(1) where the employer, labor organization, or 
joint labor-management committee inadvertently re-
quests or requires family medical history of the indi-
vidual or family member of the individual; 
(2) where— 
(A) health or genetic services are offered 
by the employer, labor organization, or joint 
labor-management committee, including such 
services offered as part of a bona fide wellness 
program; 
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(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 employer, labor organization, or joint labor- 
management committee except in aggregate 
terms that do not disclose the identity of spe-
cific individuals; 
(3) where the employer, labor organization, or 
joint labor-management committee 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; 
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(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. 
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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 
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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 
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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 
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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. 
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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) 
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(F) 1 member shall be appointed by the 
Minority Leader of the House of Representa-
tives; 
(G) 1 member shall be appointed by the 
Chairman of the Committee on Education and 
Labor of the House of Representatives; and 
(H) 1 member shall be appointed by the 
ranking minority member of the Committee on 
Education and Labor of the House of Rep-
resentatives. 
(2) 
COMPENSATION
AND
EXPENSES.—The 
members of the Commission shall not receive com-
pensation for the performance of services for the 
Commission, but shall be allowed travel expenses, in-
cluding 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 Commission. 
(d) ADMINISTRATIVE PROVISIONS.— 
(1) LOCATION.—The Commission shall be lo-
cated in a facility maintained by the Equal Employ-
ment Opportunity Commission. 
(2) DETAIL
OF
GOVERNMENT
EMPLOYEES.— 
Any Federal Government employee may be detailed 
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to the Commission without reimbursement, and such 
detail shall be without interruption or loss of civil 
service status or privilege. 
(3) INFORMATION FROM FEDERAL AGENCIES.— 
The Commission may secure directly from any Fed-
eral department or agency such information as the 
Commission considers necessary to carry out the 
provisions of this section. Upon request of the Com-
mission, the head of such department or agency 
shall furnish such information 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 Commission 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 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 Commission under sub-
section (c)(1), the Commission shall submit to Congress 
a report that summarizes the findings of the Commission 
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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 
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(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-
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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. 
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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-
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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: 
LORRAINE C. MILLER, 
Clerk. 
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Calendar No. 125 
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. 
APRIL 30, 2007 
Read the second time and placed on the calendar 
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