‘‘(i) a genetic test; 
‘‘(ii) genetic counseling (such as ob-
taining, interpreting, or assessing genetic 
information); or 
‘‘(iii) genetic education. 
‘‘(E) 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) 
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).’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply with respect to an 
issuer of a medicare supplemental policy for policy 
years beginning on or after the date that is 18 
months after the date of enactment of this Act. 
(c) TRANSITION PROVISIONS.— 
(1) IN GENERAL.—If the Secretary of Health 
and Human Services identifies a State as requiring 
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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 
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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 
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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. 104. PRIVACY AND CONFIDENTIALITY. 
(a) APPLICABILITY.—Except as provided in sub-
section (d), the provisions of this section shall apply to 
group health plans, health insurance issuers (including 
issuers in connection with group health plans or individual 
health coverage), and issuers of medicare supplemental 
policies, without regard to— 
(1) section 732(a) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1191a(a)); 
(2) section 2721(a) of the Public Health Serv-
ice Act (42 U.S.C. 300gg–21(a)); and 
(3) section 9831(a)(2) of the Internal Revenue 
Code of 1986. 
(b) COMPLIANCE WITH CERTAIN CONFIDENTIALITY 
STANDARDS WITH RESPECT
TO GENETIC INFORMA-
TION.— 
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(1) IN GENERAL.—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 Accountability Act 
of 1996 (42 U.S.C. 1320d–2 note) shall apply to the 
use or disclosure of genetic information. 
(2) PROHIBITION ON UNDERWRITING AND PRE-
MIUM RATING.—Notwithstanding paragraph (1), a 
group health plan, a health insurance issuer, or 
issuer of a medicare supplemental policy shall not 
use or disclose genetic information (including infor-
mation about a request for or a receipt of genetic 
services by an individual or family member of such 
individual) for purposes of underwriting, determina-
tions of eligibility to enroll, premium rating, or the 
creation, renewal or replacement of a plan, contract 
or coverage for health insurance or health benefits. 
(c) PROHIBITION ON COLLECTION OF GENETIC IN-
FORMATION.— 
(1) IN GENERAL.—A group health plan, health 
insurance issuer, or issuer of a medicare supple-
mental policy shall not request, require, or purchase 
genetic information (including information about a 
request for or a receipt of genetic services by an in-
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dividual or family member of such individual) for 
purposes of underwriting, determinations of eligi-
bility to enroll, premium rating, or the creation, re-
newal or replacement of a plan, contract or coverage 
for health insurance or health benefits. 
(2) LIMITATION
RELATING
TO
THE
COLLEC-
TION OF GENETIC INFORMATION PRIOR TO ENROLL-
MENT.—A group health plan, health insurance 
issuer, or issuer of a medicare supplemental policy 
shall not request, require, or purchase genetic infor-
mation (including information about a request for or 
a receipt of genetic services by an individual or fam-
ily member of such individual) concerning a partici-
pant, beneficiary, or enrollee prior to the enrollment, 
and in connection with such enrollment, of such indi-
vidual under the plan, coverage, or policy. 
(3) INCIDENTAL COLLECTION.—Where a group 
health plan, health insurance issuer, or issuer of a 
medicare supplemental policy obtains genetic infor-
mation incidental to the requesting, requiring, or 
purchasing of other information concerning a partic-
ipant, beneficiary, or enrollee, such request, require-
ment, or purchase shall not be considered a violation 
of this subsection if— 
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such penalty, remedy, or cause of action is not oth-
erwise available under such State law. 
(g) COORDINATION WITH PRIVACY REGULATIONS.— 
The Secretary shall implement and administer this section 
in a manner that is consistent with the implementation 
and administration by the Secretary of the regulations 
promulgated by the Secretary of Health and Human Serv-
ices under part C of title XI of the Social Security Act 
(42 U.S.C. 1320d et seq.) and section 264 of the Health 
Insurance Portability and Accountability Act of 1996 (42 
U.S.C. 1320d–2 note). 
(h) DEFINITIONS.—In this section: 
(1) GENETIC
INFORMATION; GENETIC
SERV-
ICES.—The terms ‘‘family member’’, ‘‘genetic infor-
mation’’, ‘‘genetic services’’, and ‘‘genetic test’’ have 
the meanings given such terms in section 2791 of 
the Public Health Service Act (42 U.S.C. 300gg– 
91), as amended by this Act. 
(2) GROUP HEALTH PLAN; HEALTH INSURANCE 
ISSUER.—The terms ‘‘group health plan’’ and 
‘‘health insurance issuer’’ include only those plans 
and issuers that are covered under the regulations 
described in subsection (d)(1). 
(3) ISSUER
OF
A
MEDICARE
SUPPLEMENTAL 
POLICY.—The term ‘‘issuer of a medicare supple-
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mental policy’’ means an issuer described in section 
1882 of the Social Security Act (42 U.S.C. 1395ss). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
SEC. 105. ASSURING COORDINATION. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the Secretary of the Treasury, the Secretary of Health 
and Human Services, and the Secretary of Labor shall en-
sure, through the execution of an interagency memo-
randum 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-
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. 
(b) AUTHORITY OF THE SECRETARY.—The Secretary 
of Health and Human Services has the sole authority to 
promulgate regulations to implement section 104. 
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SEC. 106. REGULATIONS; EFFECTIVE DATE. 
(a) REGULATIONS.—Not later than 1 year after the 
date of enactment of this title, the Secretary of Labor, 
the Secretary of Health and Human Services, and the Sec-
retary of the Treasury shall issue final regulations in an 
accessible format to carry out this title. 
(b) EFFECTIVE DATE.—Except as provided in sec-
tion 103, the amendments made by this title shall take 
effect on the date that is 18 months after the date of en-
actment of this Act. 
TITLE 
II—PROHIBITING 
EM-
PLOYMENT DISCRIMINATION 
ON THE BASIS OF GENETIC 
INFORMATION 
SEC. 201. DEFINITIONS. 
In this title: 
(1) COMMISSION.—The term ‘‘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) the spouse of the individual; 
(B) a dependent child of the individual, in-
cluding a child who is born to or placed for 
adoption with the individual; and 
(C) all other individuals related by blood to 
the individual or the spouse or child described 
in subparagraph (A) or (B). 
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(4) GENETIC INFORMATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘genetic informa-
tion’’ means information about— 
(i) an individual’s genetic tests; 
(ii) the genetic tests of family mem-
bers of the individual; or 
(iii) the occurrence of a disease or dis-
order in family members of the individual. 
(B) EXCEPTIONS.—The term ‘‘genetic in-
formation’’ shall not include information about 
the sex or age of an 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; 
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(B) genetic counseling (such as obtaining, 
interpreting or assessing genetic information); 
or 
(C) genetic education. 
(7) GENETIC TEST.— 
(A) IN
GENERAL.—The term ‘‘genetic 
test’’ means the analysis of human DNA, RNA, 
chromosomes, proteins, or metabolites, that de-
tects genotypes, mutations, or chromosomal 
changes. 
(B) EXCEPTION.—The term ‘‘genetic test’’ 
does not mean an analysis of proteins or me-
tabolites that does not detect genotypes, 
mutations, or chromosomal changes. 
SEC. 202. EMPLOYER PRACTICES. 
(a) USE OF GENETIC INFORMATION.—It shall be an 
unlawful employment practice for an employer— 
(1) to fail or refuse to hire or to discharge any 
employee, or otherwise to discriminate against any 
employee with respect to the compensation, terms, 
conditions, or privileges of employment of the em-
ployee, because of genetic information with respect 
to the employee (or information about a request for 
or the receipt of genetic services by such employee 
or family member of such employee); or 
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(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 (or informa-
tion about a request for or the receipt of genetic 
services by such employee or family member of such 
employee). 
(b) ACQUISITION
OF GENETIC INFORMATION.—It 
shall be an unlawful employment practice for an employer 
to request, require, or purchase genetic information with 
respect to an employee or a family member of the em-
ployee (or information about a request for the receipt of 
genetic services by such employee or a family member of 
such employee) except— 
(1) where an employer inadvertently requests or 
requires family medical history of the employee or 
family member of the employee; 
(2) where— 
(A) health or genetic services are offered 
by the employer, including such services offered 
as part of a bona fide wellness program; 
(B) the employee provides prior, knowing, 
voluntary, and written authorization; 
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(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; 
(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; or 
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(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 
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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; 
(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) or (2) of subsection 
(a) or treated or disclosed in a manner that violates sec-
tion 206. 
SEC. 203. EMPLOYMENT AGENCY PRACTICES. 
(a) USE OF GENETIC INFORMATION.—It shall be an 
unlawful employment practice for an employment agen-
cy— 
(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 (or information about a request for or the re-
ceipt of genetic services by such individual or family 
member of such individual); 
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(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 information about a re-
quest for or the receipt of genetic services by such 
individual or family member of such individual); or 
(3) to cause or attempt to cause an employer to 
discriminate against an 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 (or information about a request for the 
receipt of genetic services by such individual or a family 
member of such 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-
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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; 
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(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 
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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 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) or (2) of subsection 
(a) or treated or disclosed in a manner that violates sec-
tion 206. 
SEC. 204. LABOR ORGANIZATION PRACTICES. 
(a) USE OF GENETIC INFORMATION.—It shall be an 
unlawful employment practice for a labor organization— 
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(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 (or information about a 
request for or the receipt of genetic services by such 
member or family member of such member); 
(2) to limit, segregate, or classify the members 
of the organization, or fail or refuse to refer for 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 in-
formation about a request for or the receipt of ge-
netic services by such member or family member of 
such 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 (or information about a request for the receipt 
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of genetic services by such member or a family member 
of such 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 
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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— 
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(a) or treated or disclosed in a manner that violates sec-
tion 206. 
SEC. 205. TRAINING PROGRAMS. 
(a) USE OF GENETIC INFORMATION.—It shall be an 
unlawful employment practice for any employer, labor or-
ganization, or joint labor-management committee control-
ling apprenticeship or other training or retraining, includ-
ing on-the-job training programs— 
(1) to discriminate against any individual be-
cause of genetic information with respect to the indi-
vidual (or information about a request for or the re-
ceipt of genetic services by such individual or a fam-
ily member of such individual) in admission to, or 
employment in, any program 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 
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 
information about a request for or receipt of genetic 
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services by such individual or family member of such 
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 (or information about a re-
quest for the receipt of genetic services by such individual 
or a family member of such 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; 
(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; or 
(5) where the information involved is to be used 
for genetic monitoring of the biological effects of 
toxic substances in the workplace, but only if— 
(A) the employer, labor 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; 
(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) or (2) of subsection 
(a) or treated or disclosed in a manner that violates sec-
tion 206. 
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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 (or information about a request for 
or receipt of genetic services by such employee or member 
or family member of such employee or member), such in-
formation shall be maintained on separate forms and in 
separate medical files and be treated as a confidential 
medical record of the employee or member. 
(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 (or information about 
a request for or receipt of genetic services by such em-
ployee or member or family member of such employee or 
member) except— 
(1) to the employee (or family member if the 
family member is receiving the genetic services) or 
member of a labor organization at the 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 
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