[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1053 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                S. 1053

_______________________________________________________________________

                                 AN ACT


 
  To prohibit discrimination on the basis of genetic information with 
              respect to health insurance and employment.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Genetic 
Information Nondiscrimination Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
         TITLE I--GENETIC NONDISCRIMINATION IN HEALTH INSURANCE

Sec. 101. Amendments to Employee Retirement Income Security Act of 
                            1974.
Sec. 102. Amendments to the Public Health Service Act.
Sec. 103. Amendments to the Internal Revenue Code of 1986.
Sec. 104. Amendments to title XVIII of the Social Security Act relating 
                            to medigap.
Sec. 105. Privacy and confidentiality.
Sec. 106. Assuring coordination.
Sec. 107. Regulations; effective date.
TITLE II--PROHIBITING EMPLOYMENT DISCRIMINATION ON THE BASIS OF GENETIC 
                              INFORMATION

Sec. 201. Definitions.
Sec. 202. Employer practices.
Sec. 203. Employment agency practices.
Sec. 204. Labor organization practices.
Sec. 205. Training programs.
Sec. 206. Confidentiality of genetic information.
Sec. 207. Remedies and enforcement.
Sec. 208. Disparate impact.
Sec. 209. Construction.
Sec. 210. Medical information that is not genetic information.
Sec. 211. Regulations.
Sec. 212. Authorization of appropriations.
Sec. 213. Effective date.
                   TITLE III--MISCELLANEOUS PROVISION

Sec. 301. Severability.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Deciphering the sequence of the human genome and other 
        advances in genetics open major new opportunities for medical 
        progress. New knowledge about the genetic basis of illness will 
        allow for earlier detection of illnesses, often before symptoms 
        have begun. Genetic testing can allow individuals to take steps 
        to reduce the likelihood that they will contract a particular 
        disorder. New knowledge about genetics may allow for the 
        development of better therapies that are more effective against 
        disease or have fewer side effects than current treatments. 
        These advances give rise to the potential misuse of genetic 
        information to discriminate in health insurance and employment.
            (2) The early science of genetics became the basis of State 
        laws that provided for the sterilization of persons having 
        presumed genetic ``defects'' such as mental retardation, mental 
        disease, epilepsy, blindness, and hearing loss, among other 
        conditions. The first sterilization law was enacted in the 
        State of Indiana in 1907. By 1981, a majority of States adopted 
        sterilization laws to ``correct'' apparent genetic traits or 
        tendencies. Many of these State laws have since been repealed, 
        and many have been modified to include essential constitutional 
        requirements of due process and equal protection. However, the 
        current explosion in the science of genetics, and the history 
        of sterilization laws by the States based on early genetic 
        science, compels Congressional action in this area.
            (3) Although genes are facially neutral markers, many 
        genetic conditions and disorders are associated with particular 
        racial and ethnic groups and gender. Because some genetic 
        traits are most prevalent in particular groups, members of a 
        particular group may be stigmatized or discriminated against as 
        a result of that genetic information. This form of 
        discrimination was evident in the 1970s, which saw the advent 
        of programs to screen and identify carriers of sickle cell 
        anemia, a disease which afflicts African-Americans. Once again, 
        State legislatures began to enact discriminatory laws in the 
        area, and in the early 1970s began mandating genetic screening 
        of all African Americans for sickle cell anemia, leading to 
        discrimination and unnecessary fear. To alleviate some of this 
        stigma, Congress in 1972 passed the National Sickle Cell Anemia 
        Control Act, which withholds Federal funding from States unless 
        sickle cell testing is voluntary.
            (4) Congress has been informed of examples of genetic 
        discrimination in the workplace. These include the use of pre-
        employment genetic screening at Lawrence Berkeley Laboratory, 
        which led to a court decision in favor of the employees in that 
        case Norman-Bloodsaw v. Lawrence Berkeley Laboratory (135 F.3d 
        1260, 1269 (9th Cir. 1998)). Congress clearly has a compelling 
        public interest in relieving the fear of discrimination and in 
        prohibiting its actual practice in employment and health 
        insurance.
            (5) Federal law addressing genetic discrimination in health 
        insurance and employment is incomplete in both the scope and 
        depth of its protections. Moreover, while many States have 
        enacted some type of genetic non-discrimination law, these laws 
        vary widely with respect to their approach, application, and 
        level of protection. Congress has collected substantial 
        evidence that the American public and the medical community 
        find the existing patchwork of State and Federal laws to be 
        confusing and inadequate to protect them from discrimination. 
        Therefore Federal legislation establishing a national and 
        uniform basic standard is necessary to fully protect the public 
        from discrimination and allay their concerns about the 
        potential for discrimination, thereby allowing individuals to 
        take advantage of genetic testing, technologies, research, and 
        new therapies.

         TITLE I--GENETIC NONDISCRIMINATION IN HEALTH INSURANCE

SEC. 101. AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 
              1974.

    (a) Prohibition of Health Discrimination on the Basis of Genetic 
Information or Genetic Services.--
            (1) No enrollment restriction for genetic services.--
        Section 702(a)(1)(F) of the Employee Retirement Income Security 
        Act of 1974 (29 U.S.C. 1182(a)(1)(F)) is amended by inserting 
        before the period the following: ``(including information about 
        a request for or receipt of genetic services by an individual 
        or family member of such individual)''.
            (2) No discrimination in group premiums based on genetic 
        information.--Section 702(b) of the Employee Retirement Income 
        Security Act of 1974 (29 U.S.C. 1182(b)) is amended--
                    (A) in paragraph (2)(A), by inserting before the 
                semicolon the following: ``except as provided in 
                paragraph (3)''; and
                    (B) by adding at the end the following:
            ``(3) No discrimination in group premiums based on genetic 
        information.--For purposes of this section, a group health 
        plan, or a health insurance issuer offering group health 
        insurance coverage in connection with a group health plan, 
        shall not adjust premium or contribution amounts for a group on 
        the basis of genetic information concerning an individual in 
        the group or a family member of the individual (including 
        information about a request for or receipt of genetic services 
        by an individual or family member of such individual).''.
    (b) Limitations on Genetic Testing.--Section 702 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1182) is amended by 
adding at the end the following:
    ``(c) Genetic Testing.--
            ``(1) Limitation on requesting or requiring genetic 
        testing.--A group health plan, or 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.--Nothing in this part shall be 
        construed to--
                    ``(A) limit the authority of a health care 
                professional who is providing health care services with 
                respect to an individual to request that such 
                individual or a family member of such individual 
                undergo a genetic test;
                    ``(B) limit the authority of a health care 
                professional who is employed by or affiliated with a 
                group health plan or a health insurance issuer and who 
                is providing health care services to an individual as 
                part of a bona fide wellness program to notify such 
                individual of the availability of a genetic test or to 
                provide information to such individual regarding such 
                genetic test; or
                    ``(C) authorize or permit a health care 
                professional to require that an individual undergo a 
                genetic test.
    ``(d) Application to All Plans.--The provisions of subsections 
(a)(1)(F), (b)(3), and (c) shall apply to group health plans and health 
insurance issuers without regard to section 732(a).''.
    (c) Remedies and Enforcement.--Section 502 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended by 
adding at the end the following:
    ``(n) Enforcement of Genetic Nondiscrimination Requirements.--
            ``(1) Injunctive relief for irreparable harm.--With respect 
        to any violation of subsection (a)(1)(F), (b)(3), or (c) of 
        section 702, a participant or beneficiary may seek relief under 
        subsection 502(a)(1)(B) prior to the exhaustion of available 
        administrative remedies under section 503 if it is demonstrated 
        to the court, by a preponderance of the evidence, that the 
        exhaustion of such remedies would cause irreparable harm to the 
        health of the participant or beneficiary. Any determinations 
        that already have been made under section 503 in such case, or 
        that are made in such case while an action under this paragraph 
        is pending, shall be given due consideration by the court in 
        any action under this subsection in such case.
            ``(2) Equitable relief for genetic nondiscrimination.--
                    ``(A) Reinstatement of benefits where equitable 
                relief has been awarded.--The recovery of benefits by a 
                participant or beneficiary under a civil action under 
                this section may include an administrative penalty 
                under subparagraph (B) and the retroactive 
                reinstatement of coverage under the plan involved to 
                the date on which the participant or beneficiary was 
                denied eligibility for coverage if--
                            ``(i) the civil action was commenced under 
                        subsection (a)(1)(B); and
                            ``(ii) the denial of coverage on which such 
                        civil action was based constitutes a violation 
                        of subsection (a)(1)(F), (b)(3), or (c) of 
                        section 702.
                    ``(B) Administrative penalty.--
                            ``(i) In general.--An administrator who 
                        fails to comply with the requirements of 
                        subsection (a)(1)(F), (b)(3), or (c) of section 
                        702 with respect to a participant or 
                        beneficiary may, in an action commenced under 
                        subsection (a)(1)(B), be personally liable in 
                        the discretion of the court, for a penalty in 
                        the amount not more than $100 for each day in 
                        the noncompliance period.
                            ``(ii) Noncompliance period.--For purposes 
                        of clause (i), the term `noncompliance period' 
                        means the period--
                                    ``(I) beginning on the date that a 
                                failure described in clause (i) occurs; 
                                and
                                    ``(II) ending on the date that such 
                                failure is corrected.
                            ``(iii) Payment to participant or 
                        beneficiary.--A penalty collected under this 
                        subparagraph shall be paid to the participant 
                        or beneficiary involved.
            ``(3) Secretarial enforcement authority.--
                    ``(A) General rule.--The Secretary has the 
                authority to impose a penalty on any failure of a group 
                health plan to meet the requirements of subsection 
                (a)(1)(F), (b)(3), or (c) of section 702.
                    ``(B) Amount.--
                            ``(i) In general.--The amount of the 
                        penalty imposed by subparagraph (A) shall be 
                        $100 for each day in the noncompliance period 
                        with respect to each individual to whom such 
                        failure relates.
                            ``(ii) Noncompliance period.--For purposes 
                        of this paragraph, the term `noncompliance 
                        period' means, with respect to any failure, the 
                        period--
                                    ``(I) beginning on the date such 
                                failure first occurs; and
                                    ``(II) ending on the date such 
                                failure is corrected.
                    ``(C) Minimum penalties where failure discovered.--
                Notwithstanding clauses (i) and (ii) of subparagraph 
                (D):
                            ``(i) In general.--In the case of 1 or more 
                        failures with respect to an individual--
                                    ``(I) which are not corrected 
                                before the date on which the plan 
                                receives a notice from the Secretary of 
                                such violation; and
                                    ``(II) which occurred or continued 
                                during the period involved;
                        the amount of penalty imposed by subparagraph 
                        (A) by reason of such failures with respect to 
                        such individual shall not be less than $2,500.
                            ``(ii) Higher minimum penalty where 
                        violations are more than de minimis.--To the 
                        extent violations for which any person is 
                        liable under this paragraph for any year are 
                        more than de minimis, clause (i) shall be 
                        applied by substituting `$15,000' for `$2,500' 
                        with respect 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 exercising 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--
                                    ``(I) such failure was due to 
                                reasonable cause and not to willful 
                                neglect; and
                                    ``(II) such failure is corrected 
                                during the 30-day period beginning on 
                                the first date the person otherwise 
                                liable for such penalty knew, or 
                                exercising reasonable diligence would 
                                have known, that such failure existed.
                            ``(iii) Overall limitation for 
                        unintentional failures.--In the case of 
                        failures which are due to reasonable cause and 
                        not to willful neglect, the penalty imposed 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 employer 
                                (or predecessor employer) during the 
                                preceding taxable year for group health 
                                plans; or
                                    ``(II) $500,000.
                    ``(E) Waiver by secretary.--In the case of a 
                failure which is due to reasonable cause and not to 
                willful neglect, the Secretary may waive part or all of 
                the penalty imposed by subparagraph (A) to the extent 
                that the payment of such penalty would be excessive 
                relative to the failure involved.''.
    (d) Definitions.--Section 733(d) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1191b(d)) is amended by adding at the 
end the following:
            ``(5) Family member.--The term `family member' means with 
        respect to an individual--
                    ``(A) the spouse of the individual;
                    ``(B) a dependent child of the individual, 
                including 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).
            ``(6) Genetic information.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `genetic information' means 
                information about--
                            ``(i) an individual's genetic tests;
                            ``(ii) the genetic tests of family members 
                        of the individual; or
                            ``(iii) the occurrence of a disease or 
                        disorder in family members of the individual.
                    ``(B) Exclusions.--The term `genetic information' 
                shall not include information about the sex or age of 
                an individual.
            ``(7) Genetic test.--
                    ``(A) In general.--The term `genetic test' means an 
                analysis of human DNA, RNA, chromosomes, proteins, or 
                metabolites, that detects genotypes, mutations, or 
                chromosomal changes.
                    ``(B) 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 reasonably be detected by 
                        a health care professional with appropriate 
                        training and expertise in the field of medicine 
                        involved.
            ``(8) Genetic services.--The term `genetic services' 
        means--
                    ``(A) a genetic test;
                    ``(B) genetic counseling (such as obtaining, 
                interpreting, or assessing genetic information); or
                    ``(C) genetic education.''.
    (e) Regulations and Effective Date.--
            (1) Regulations.--Not later than 1 year after the date of 
        enactment of this title, the Secretary of Labor shall issue 
        final regulations in an accessible format to carry out the 
        amendments made by this section.
            (2) Effective date.--The amendments made by this section 
        shall apply with respect to group health plans for plan years 
        beginning after the date that is 18 months after the date of 
        enactment of this title.

SEC. 102. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

    (a) Amendments Relating to the Group Market.--
            (1) Prohibition of health discrimination on the basis of 
        genetic information or genetic services.--
                    (A) No enrollment restriction for genetic 
                services.--Section 2702(a)(1)(F) of the Public Health 
                Service Act (42 U.S.C. 300gg-1(a)(1)(F)) is amended by 
                inserting before the period the following: ``(including 
                information about a request for or receipt of genetic 
                services by an individual or family member of such 
                individual)''.
                    (B) 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--
                            (i) in paragraph (2)(A), by inserting 
                        before the semicolon the following: ``, except 
                        as provided in paragraph (3)''; and
                            (ii) by adding at the end the following:
            ``(3) No discrimination in group premiums based on genetic 
        information.--For purposes of this section, a group health 
        plan, or a health insurance issuer offering group health 
        insurance coverage in connection with a group health plan, 
        shall not adjust premium or contribution amounts for a group on 
        the basis of genetic information concerning an individual in 
        the group or a family member of the individual (including 
        information about a request for or receipt of genetic services 
        by an individual or family member of such individual).''.
            (2) Limitations on genetic testing.--Section 2702 of the 
        Public Health Service Act (42 U.S.C. 300gg-1) is amended by 
        adding at the end the following:
    ``(c) Genetic Testing.--
            ``(1) Limitation on requesting or requiring genetic 
        testing.--A group health plan, or 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.--Nothing in this part shall be 
        construed to--
                    ``(A) limit the authority of a health care 
                professional who is providing health care services with 
                respect to an individual to request that such 
                individual or a family member of such individual 
                undergo a genetic test;
                    ``(B) limit the authority of a health care 
                professional who is employed by or affiliated with a 
                group health plan or a health insurance issuer and who 
                is providing health care services to an individual as 
                part of a bona fide wellness program to notify such 
                individual of the availability of a genetic test or to 
                provide information to such individual regarding such 
                genetic test; or
                    ``(C) authorize or permit a health care 
                professional to require that an individual undergo a 
                genetic test.
    ``(d) Application to All Plans.--The provisions of subsections 
(a)(1)(F), (b)(3), and (c) shall apply to group health plans and health 
insurance issuers without regard to section 2721(a).''.
            (3) 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 described in 
                paragraph (1), notwithstanding the provisions of 
                paragraph (2)(C), the following provisions shall apply 
                with respect to an action under this subsection by the 
                Secretary with respect to any failure of a health 
                insurance issuer in connection with a group health 
                plan, to meet the requirements of subsection (a)(1)(F), 
                (b)(3), or (c) of section 2702.
                    ``(B) Amount.--
                            ``(i) In general.--The amount of the 
                        penalty imposed under this paragraph shall be 
                        $100 for each day in the noncompliance period 
                        with respect to each individual to whom such 
                        failure relates.
                            ``(ii) Noncompliance period.--For purposes 
                        of this paragraph, the term `noncompliance 
                        period' means, with respect to any failure, the 
                        period--
                                    ``(I) beginning on the date such 
                                failure first occurs; and
                                    ``(II) ending on the date such 
                                failure is corrected.
                    ``(C) Minimum penalties where failure discovered.--
                Notwithstanding clauses (i) and (ii) of subparagraph 
                (D):
                            ``(i) In general.--In the case of 1 or more 
                        failures with respect to an individual--
                                    ``(I) which are not corrected 
                                before the date on which the plan 
                                receives a notice from the Secretary of 
                                such violation; and
                                    ``(II) which occurred or continued 
                                during the period involved;
                        the amount of penalty imposed by subparagraph 
                        (A) by reason of such failures with respect to 
                        such individual shall not be less than $2,500.
                            ``(ii) Higher minimum penalty where 
                        violations are more than de minimis.--To the 
                        extent violations for which any person is 
                        liable under this paragraph for any year are 
                        more than de minimis, clause (i) shall be 
                        applied by substituting `$15,000' for `$2,500' 
                        with respect 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 exercising 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--
                                    ``(I) such failure was due to 
                                reasonable cause and not to willful 
                                neglect; and
                                    ``(II) such failure is corrected 
                                during the 30-day period beginning on 
                                the first date the person otherwise 
                                liable for such penalty knew, or 
                                exercising reasonable diligence would 
                                have known, that such failure existed.
                            ``(iii) Overall limitation for 
                        unintentional failures.--In the case of 
                        failures which are due to reasonable cause and 
                        not to willful neglect, the penalty imposed 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 employer 
                                (or predecessor employer) during the 
                                preceding taxable year for group health 
                                plans; or
                                    ``(II) $500,000.
                    ``(E) Waiver by secretary.--In the case of a 
                failure which is due to reasonable cause and not to 
                willful neglect, the Secretary may waive part or all of 
                the penalty imposed by subparagraph (A) to the extent 
                that the payment of such penalty would be excessive 
                relative to the failure involved.''.
            (4) Definitions.--Section 2791(d) of the Public Health 
        Service Act (42 U.S.C. 300gg-91(d)) is amended by adding at the 
        end the following:
            ``(15) Family member.--The term `family member' means with 
        respect to an individual--
                    ``(A) the spouse of the individual;
                    ``(B) a dependent child of the individual, 
                including 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).
            ``(16) Genetic information.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `genetic information' means 
                information about--
                            ``(i) an individual's genetic tests;
                            ``(ii) the genetic tests of family members 
                        of the individual; or
                            ``(iii) the occurrence of a disease or 
                        disorder in family members of the individual.
                    ``(B) Exclusions.--The term `genetic information' 
                shall not include information about the sex or age of 
                an individual.
            ``(17) Genetic test.--
                    ``(A) In general.--The term `genetic test' means an 
                analysis of human DNA, RNA, chromosomes, proteins, or 
                metabolites, that detects genotypes, mutations, or 
                chromosomal changes.
                    ``(B) 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 reasonably be detected by 
                        a health care professional with appropriate 
                        training and expertise in the field of medicine 
                        involved.
            ``(18) Genetic services.--The term `genetic services' 
        means--
                    ``(A) a genetic test;
                    ``(B) genetic counseling (such as obtaining, 
                interpreting, or assessing genetic information); or
                    ``(C) genetic education.''.
    (b) Amendment Relating to the 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 requirements) is amended--
                    (A) by redesignating such subpart as subpart 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 market may not establish rules for the 
eligibility (including continued eligibility) of any individual to 
enroll in individual health insurance coverage based on genetic 
information (including information about a request for or receipt of 
genetic services by an individual or family member of such individual).
    ``(b) Prohibition on Genetic Information in Setting Premium 
Rates.--A health insurance issuer offering health insurance coverage in 
the individual market 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 (including information 
about a request for or receipt of genetic services by an individual or 
family member of such individual).
    ``(c) Genetic Testing.--
            ``(1) Limitation on requesting or requiring 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 genetic test.
            ``(2) Rule of construction.--Nothing in this part shall be 
        construed to--
                    ``(A) limit the authority of a health care 
                professional who is providing health care services with 
                respect to an individual to request that such 
                individual or a family member of such individual 
                undergo a genetic test;
                    ``(B) limit the authority of a health care 
                professional who is employed by or affiliated with a 
                health insurance issuer and who is providing health 
                care services to an individual as part of a bona fide 
                wellness program to notify such individual of the 
                availability of a genetic test or to provide 
                information to such individual regarding such genetic 
                test; or
                    ``(C) authorize or permit a health care 
                professional to require that an individual undergo a 
                genetic test.''.
            (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 violations 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.''.
    (c) Elimination of Option of Non-Federal Governmental Plans To Be 
Excepted From Requirements 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 requirements 
                concerning genetic information.--The election described 
                in subparagraph (A) shall not be available with respect 
                to the provisions of subsections (a)(1)(F) and (c) of 
                section 2702 and the provisions of section 2702(b) to 
                the extent that such provisions apply to genetic 
                information (or information about a request for or the 
                receipt of genetic services by an individual or a 
                family member of such individual).''.
    (d) Regulations and Effective Date.--
            (1) Regulations.--Not later than 1 year after the date of 
        enactment of this title, the Secretary of Labor and the 
        Secretary of Health and Human Services (as the case may be) 
        shall issue final regulations in an accessible format to carry 
        out the amendments made by this section.
            (2) Effective date.--The amendments made by this section 
        shall apply--
                    (A) with respect to group health plans, and health 
                insurance coverage offered in connection with group 
                health plans, for plan years beginning after the date 
                that is 18 months after the date of enactment of this 
                title; and
                    (B) with respect to health insurance coverage 
                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 title.

SEC. 103. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

    (a) Prohibition of Health Discrimination on the Basis of Genetic 
Information or Genetic Services.--
            (1) No enrollment restriction for genetic services.--
        Section 9802(a)(1)(F) of the Internal Revenue Code of 1986 is 
        amended by inserting before the period the following: 
        ``(including information about a request for or receipt of 
        genetic services by an individual or family member of such 
        individual)''.
            (2) No discrimination in group premiums based on genetic 
        information.--Section 9802(b) of the Internal Revenue Code of 
        1986 is amended--
                    (A) in paragraph (2)(A), by inserting before the 
                semicolon the following: ``, except as provided in 
                paragraph (3)''; and
                    (B) by adding at the end the following:
            ``(3) No discrimination in group premiums based on genetic 
        information.--For purposes of this section, a group health plan 
        shall not adjust premium or contribution amounts for a group on 
        the basis of genetic information concerning an individual in 
        the group or a family member of the individual (including 
        information about a request for or receipt of genetic services 
        by an individual or family member of such individual).''.
    (b) Limitations on Genetic Testing.--Section 9802 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following:
    ``(d) Genetic Testing and Genetic Services.--
            ``(1) Limitation on requesting or requiring genetic 
        testing.--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.--Nothing in this part shall be 
        construed to--
                    ``(A) limit the authority of a health care 
                professional who is providing health care services with 
                respect to an individual to request that such 
                individual or a family member of such individual 
                undergo a genetic test;
                    ``(B) limit the authority of a health care 
                professional who is employed by or affiliated with a 
                group health plan and who is providing health care 
                services to an individual as part of a bona fide 
                wellness program to notify such individual of the 
                availability of a genetic test or to provide 
                information to such individual regarding such genetic 
                test; or
                    ``(C) authorize or permit a health care 
                professional to require that an individual undergo a 
                genetic test.
    ``(e) Application to All Plans.--The provisions of subsections 
(a)(1)(F), (b)(3), and (d) shall apply to group health plans and health 
insurance issuers without regard to section 9831(a)(2).''.
    (c) Definitions.--Section 9832(d) of the Internal Revenue Code of 
1986 is amended by adding at the end the following:
            ``(6) Family member.--The term `family member' means with 
        respect to an individual--
                    ``(A) the spouse of the individual;
                    ``(B) a dependent child of the individual, 
                including 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).
            ``(7) Genetic services.--The term `genetic services' 
        means--
                    ``(A) a genetic test;
                    ``(B) genetic counseling (such as obtaining, 
                interpreting, or assessing genetic information); or
                    ``(C) genetic education.
            ``(8) Genetic information.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `genetic information' means 
                information about--
                            ``(i) an individual's genetic tests;
                            ``(ii) the genetic tests of family members 
                        of the individual; or
                            ``(iii) the occurrence of a disease or 
                        disorder in family members of the individual.
                    ``(B) Exclusions.--The term `genetic information' 
                shall not include information about the sex or age of 
                an individual.
            ``(9) Genetic test.--
                    ``(A) In general.--The term `genetic test' means an 
                analysis of human DNA, RNA, chromosomes, proteins, or 
                metabolites, that detects genotypes, mutations, or 
                chromosomal changes.
                    ``(B) 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 reasonably be detected by 
                        a health care professional with appropriate 
                        training and expertise in the field of medicine 
                        involved.''.
    (d) Regulations and Effective Date.--
            (1) Regulations.--Not later than 1 year after the date of 
        enactment of this title, the Secretary of the Treasury shall 
        issue final regulations in an accessible format to carry out 
        the amendments made by this section.
            (2) Effective date.--The amendments made by this section 
        shall apply with respect to group health plans for plan years 
        beginning after the date that is 18 months after the date of 
        enactment of this title.

SEC. 104. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SECURITY ACT RELATING 
              TO MEDIGAP.

    (a) Nondiscrimination.--
            (1) In general.--Section 1882(s)(2) of the Social Security 
        Act (42 U.S.C. 1395ss(s)(2)) is amended by adding at the end 
        the following:
                    ``(E)(i) An issuer of a medicare supplemental 
                policy shall not deny or condition the issuance or 
                effectiveness of the policy, and shall not discriminate 
                in the pricing of the policy (including the adjustment 
                of premium rates) of an eligible individual on the 
                basis of genetic information concerning the individual 
                (or information about a request for, or the receipt of, 
                genetic services by such individual or family member of 
                such individual).
                    ``(ii) For purposes of clause (i), the terms 
                `family member', `genetic services', and `genetic 
                information' shall have the meanings given such terms 
                in subsection (v).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to a policy for policy years beginning 
        after the date that is 18 months after the date of enactment of 
        this Act.
    (b) Limitations on Genetic Testing.--
            (1) In general.--Section 1882 of the Social Security Act 
        (42 U.S.C. 1395ss) is amended by adding at the end the 
        following:
    ``(v) Limitations on Genetic Testing.--
            ``(1) Genetic testing.--
                    ``(A) Limitation on requesting or requiring genetic 
                testing.--An issuer of a medicare supplemental policy 
                shall not request or require an individual or a family 
                member of such individual to undergo a genetic test.
                    ``(B) Rule of construction.--Nothing in this title 
                shall be construed to--
                            ``(i) limit the authority of a health care 
                        professional who is providing health care 
                        services with respect to an individual to 
                        request that such individual or a family member 
                        of such individual undergo a genetic test;
                            ``(ii) limit the authority of a health care 
                        professional who is employed by or affiliated 
                        with an issuer of a medicare supplemental 
                        policy and who is providing health care 
                        services to an individual as part of a bona 
                        fide wellness program to notify such individual 
                        of the availability of a genetic test or to 
                        provide information to such individual 
                        regarding such genetic test; or
                            ``(iii) authorize or permit a health care 
                        professional to require that an individual 
                        undergo a genetic test.
            ``(2) Definitions.--In this subsection:
                    ``(A) Family member.--The term `family member' 
                means with respect to an individual--
                            ``(i) the spouse of the individual;
                            ``(ii) a dependent child of the individual, 
                        including a child who is born to or placed for 
                        adoption with the individual; or
                            ``(iii) any other individuals related by 
                        blood to the individual or to the spouse or 
                        child described in clause (i) or (ii).
                    ``(B) Genetic information.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the term `genetic information' 
                        means information about--
                                    ``(I) an individual's genetic 
                                tests;
                                    ``(II) the genetic tests of family 
                                members of the individual; or
                                    ``(III) the occurrence of a disease 
                                or disorder in family members of the 
                                individual.
                            ``(ii) Exclusions.--The term `genetic 
                        information' shall not include information 
                        about the sex or age of an individual.
                    ``(C) Genetic test.--
                            ``(i) In general.--The term `genetic test' 
                        means an analysis of human DNA, RNA, 
                        chromosomes, proteins, or metabolites, 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 
                                reasonably be detected by a health care 
                                professional with appropriate training 
                                and expertise in the field of medicine 
                                involved.
                    ``(D) Genetic services.--The term `genetic 
                services' means--
                            ``(i) a genetic test;
                            ``(ii) genetic counseling (such as 
                        obtaining, interpreting, or assessing genetic 
                        information); or
                            ``(iii) genetic education.
                    ``(E) Issuer of a medicare supplemental policy.--
                The term `issuer of a medicare 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 following:
            ``(4) The issuer of the medicare supplemental policy 
        complies with subsection (s)(2)(E) and subsection (v).''.
            (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 a change to its 
        statutes or regulations to conform its regulatory program to 
        the changes made by this section, the State regulatory program 
        shall not be considered to be out of compliance with the 
        requirements of section 1882 of the Social Security Act due 
        solely to failure to make such change until the date specified 
        in paragraph (4).
            (2) NAIC standards.--If, not later than June 30, 2004, the 
        National Association of Insurance Commissioners (in this 
        subsection referred to as the ``NAIC'') modifies its NAIC Model 
        Regulation relating to section 1882 of the Social Security Act 
        (referred to in such section as the 1991 NAIC Model Regulation, 
        as subsequently modified) to conform to the amendments made by 
        this section, such revised regulation incorporating the 
        modifications shall be considered to be the applicable NAIC 
        model regulation (including the revised NAIC model regulation 
        and the 1991 NAIC Model Regulation) for the purposes of such 
        section.
            (3) Secretary standards.--If the NAIC does not make the 
        modifications described in paragraph (2) within the period 
        specified in such paragraph, the Secretary of Health and Human 
        Services shall, not later than October 1, 2004, 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 subparagraph (B), the 
                date specified in this paragraph for a State is the 
                earlier of--
                            (i) the date the State changes its statutes 
                        or regulations to conform its regulatory 
                        program to the changes made by this section, or
                            (ii) October 1, 2004.
                    (B) Additional legislative action required.--In the 
                case of a State which the Secretary 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 2004 in a legislative 
                        session in which such legislation may be 
                        considered,
                the date specified in this paragraph is the first day 
                of the first calendar quarter beginning after the close 
                of the first legislative session of the State 
                legislature that begins on or after July 1, 2004. For 
                purposes of the previous sentence, in the case of a 
                State that has a 2-year legislative session, each year 
                of such session shall be deemed to be a separate 
                regular session of the State legislature.

SEC. 105. PRIVACY AND CONFIDENTIALITY.

    (a) Applicability.--Except as provided in subsection (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 Service 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 Information.--
            (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 premium 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 
        information about a request for or a receipt of genetic 
        services by an individual or family member of such individual) 
        for purposes of underwriting, determinations of eligibility to 
        enroll, premium rating, or the creation, renewal or replacement 
        of a plan, contract or coverage for health insurance or health 
        benefits.
    (c) Prohibition on Collection of Genetic Information.--
            (1) In general.--A group health plan, health insurance 
        issuer, or issuer of a medicare supplemental policy shall not 
        request, require, or purchase genetic information (including 
        information about a request for or a receipt of genetic 
        services by an individual or family member of such individual) 
        for purposes of underwriting, determinations of eligibility to 
        enroll, premium rating, or the creation, renewal or replacement 
        of a plan, contract or coverage for health insurance or health 
        benefits.
            (2) Limitation relating to the collection of genetic 
        information prior to enrollment.--A group health plan, health 
        insurance issuer, or issuer of a medicare supplemental policy 
        shall not request, require, or purchase genetic information 
        (including information about a request for or a receipt of 
        genetic services by an individual or family member of such 
        individual) concerning a participant, beneficiary, or enrollee 
        prior to the enrollment, and in connection with such 
        enrollment, of such individual 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 information incidental to the 
        requesting, requiring, or purchasing of other information 
        concerning a participant, beneficiary, or enrollee, such 
        request, requirement, or purchase shall not be considered a 
        violation of this subsection if--
                    (A) such request, requirement, or purchase is not 
                in violation of paragraph (1); and
                    (B) any genetic information (including information 
                about a request for or receipt of genetic services) 
                requested, required, or purchased is not used or 
                disclosed in violation of subsection (b).
    (d) Application of Confidentiality Standards.--The provisions of 
subsections (b) and (c) shall not apply--
            (1) to group health plans, health insurance issuers, or 
        issuers of medicare supplemental policies that are not 
        otherwise covered under the regulations promulgated by the 
        Secretary of Health and Human Services under part C of title XI 
        of the Social Security Act (42 U.S.C. 1320d et seq.) and 
        section 264 of the Health Insurance Portability and 
        Accountability Act of 1996 (42 U.S.C. 1320d-2 note); and
            (2) to genetic information that is not considered to be 
        individually-identifiable health information under the 
        regulations promulgated by the Secretary of Health and Human 
        Services under part C of title XI of the Social Security Act 
        (42 U.S.C. 1320d et seq.) and section 264 of the Health 
        Insurance Portability and Accountability Act of 1996 (42 U.S.C. 
        1320d-2 note).
    (e) Enforcement.--A group health plan, health insurance issuer, or 
issuer of a medicare supplemental policy that violates a provision of 
this section shall be subject to the penalties described in sections 
1176 and 1177 of the Social Security Act (42 U.S.C. 1320d-5 and 1320d-
6) in the same manner and to the same extent that such penalties apply 
to violations of part C of title XI of such Act.
    (f) Preemption.--
            (1) In general.--A provision or requirement under this 
        section or a regulation promulgated under this section shall 
        supersede any contrary provision of State law unless such 
        provision of State law imposes requirements, standards, or 
        implementation specifications that are more stringent than the 
        requirements, standards, or implementation specifications 
        imposed under this section or such regulations. No penalty, 
        remedy, or cause of action to enforce such a State law that is 
        more stringent shall be preempted by this section.
            (2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to establish a penalty, remedy, or cause of action 
        under State law if such penalty, remedy, or cause of action is 
        not otherwise 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 Services 
under part C of title XI of the Social Security Act (42 U.S.C. 1320d et 
seq.) and section 264 of the Health Insurance Portability and 
Accountability Act of 1996 (42 U.S.C. 1320d-2 note).
    (h) Definitions.--In this section:
            (1) Genetic information; genetic services.--The terms 
        ``family member'', ``genetic information'', ``genetic 
        services'', and ``genetic test'' have the meanings given such 
        terms in section 2791 of the Public Health Service Act (42 
        U.S.C. 300gg-91), as amended by this Act.
            (2) Group health plan; health 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 supplemental policy'' means an issuer 
        described in section 1882 of the Social Security Act (42 insert 
        1395ss).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 106. ASSURING COORDINATION.

    (a) In General.--Except as provided in subsection (b), the 
Secretary of the Treasury, the Secretary of Health and Human Services, 
and the Secretary of Labor 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 matter over which two or 
        more such Secretaries have responsibility under this title (and 
        the amendments made by this title) are administered so as to 
        have the same effect at all times; and
            (2) coordination of policies relating to enforcing the same 
        requirements through such Secretaries in order to have a 
        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 105.

SEC. 107. REGULATIONS; EFFECTIVE DATE.

    (a) Regulations.--Not later than 1 year after the date of enactment 
of this title, the Secretary of Labor, the Secretary of Health and 
Human Services, and the Secretary of the Treasury shall issue final 
regulations in an accessible format to carry out this title.
    (b) Effective Date.--Except as provided in section 104, the 
amendments made by this title shall take effect on the date that is 18 
months after the date of enactment of this Act.

TITLE II--PROHIBITING EMPLOYMENT DISCRIMINATION ON THE BASIS OF GENETIC 
                              INFORMATION

SEC. 201. DEFINITIONS.

    In this title:
            (1) Commission.--The term ``Commission'' means the Equal 
        Employment Opportunity Commission 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 applicant), 
                        as defined in section 701(f) of the Civil 
                        Rights Act of 1964 (42 U.S.C. 2000e(f));
                            (ii) a State employee (including an 
                        applicant) described in section 304(a) of the 
                        Government Employee Rights Act of 1991 (42 
                        U.S.C. 2000e-16c(a));
                            (iii) a covered employee (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 employee 
                        described in section 304(a) of the Government 
                        Employee Rights Act of 1991;
                            (iii) an employing office, as defined in 
                        section 101 of the Congressional Accountability 
                        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 organization.--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 applicant for 
                membership in a labor organization.
            (3) Family member.--The term ``family member'' means with 
        respect to an individual--
                    (A) the spouse of the individual;
                    (B) a dependent child of the individual, including 
                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).
            (4) Genetic information.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``genetic information'' means information 
                about--
                            (i) an individual's genetic tests;
                            (ii) the genetic tests of family members of 
                        the individual; or
                            (iii) the occurrence of a disease or 
                        disorder in family members of the individual.
                    (B) Exceptions.--The term ``genetic information'' 
                shall not include information about the sex or age of 
                an individual.
            (5) Genetic monitoring.--The term ``genetic monitoring'' 
        means the periodic examination of employees to evaluate 
        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 effects of or control 
        adverse environmental exposures in the workplace.
            (6) Genetic services.--The term ``genetic services'' 
        means--
                    (A) a genetic test;
                    (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 detects genotypes, mutations, or 
                chromosomal changes.
                    (B) Exception.--The term ``genetic test'' does not 
                mean an analysis of proteins or metabolites that does 
                not detect genotypes, mutations, or 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 employee, 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
            (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 opportunities or otherwise adversely 
        affect the status of the employee as an employee, 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).
    (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 employee (or information about a request for the receipt of genetic 
services by such employee or a family member of such employee) except--
            (1) where 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;
                    (C) only the employee (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 identifiable information 
                concerning the results of such services; and
                    (D) any individually identifiable genetic 
                information 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 (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 provides written notice of the 
                genetic monitoring to the employee;
                    (B)(i) the employee provides prior, knowing, 
                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 regulations, 
                        in the case of a State that is implementing 
                        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 genetic counselor 
                that is involved in the genetic monitoring program, 
                receives the results of the monitoring only in 
                aggregate terms that do not disclose the identity of 
                specific employees;
    (c) Preservation of protections.--In the case of information to 
which any of 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 
section 206.

SEC. 203. EMPLOYMENT AGENCY PRACTICES.

    (a) Use of Genetic Information.--It shall be an unlawful employment 
practice for an employment agency--
            (1) to fail or refuse to refer for employment, or otherwise 
        to discriminate against, any individual because of genetic 
        information with respect to the individual (or information 
        about a request for or the receipt of genetic services by such 
        individual or family member of such individual);
            (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 
        respect to the individual (or information about a request 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 employment agency to request, require, or 
purchase genetic information with respect to an individual or a family 
member of the individual (or information about a 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 individual or family 
        member of the individual;
            (2) where--
                    (A) health or genetic services are offered by the 
                employment agency, including such services offered as 
                part of a bona fide wellness program;
                    (B) the individual provides prior, knowing, 
                voluntary, and written authorization;
                    (C) only the individual (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 identifiable information 
                concerning the results of such services; and
                    (D) any individually identifiable genetic 
                information 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 specific individuals;
            (3) where an employment agency requests or requires family 
        medical history from the individual to comply with the 
        certification provisions of section 103 of the Family and 
        Medical Leave Act of 1993 (29 U.S.C. 2613) or such requirements 
        under State family and medical leave laws;
            (4) where an employment agency purchases documents 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 employment agency provides written notice 
                of the genetic monitoring to the individual;
                    (B)(i) the individual provides prior, knowing, 
                voluntary, and written authorization; or
                    (ii) the genetic monitoring is required by Federal 
                or State law;
                    (C) the individual is informed of individual 
                monitoring results;
                    (D) the monitoring is in compliance with--
                            (i) any Federal genetic monitoring 
                        regulations, including any such regulations 
                        that may be promulgated by the Secretary of 
                        Labor pursuant to the Occupational Safety and 
                        Health Act of 1970 (29 U.S.C. 651 et seq.), the 
                        Federal Mine Safety and Health Act of 1977 (30 
                        U.S.C. 801 et seq.), or the Atomic Energy Act 
                        of 1954 (42 U.S.C. 2011 et seq.); or
                            (ii) State genetic monitoring regulations, 
                        in the case of a State that is implementing 
                        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 certified genetic 
                counselor that is involved in the genetic monitoring 
                program, receives the results of the monitoring only in 
                aggregate terms that do not disclose the identity of 
                specific individuals;
    (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 
section 206.

SEC. 204. LABOR ORGANIZATION PRACTICES.

    (a) Use of Genetic Information.--It shall be an unlawful employment 
practice for a labor organization--
            (1) to exclude or to expel from the membership of the 
        organization, or 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 employment any 
        member, in any way that would deprive or tend to deprive any 
        member of employment opportunities, or otherwise adversely 
        affect the status of the member as an employee, 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); 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 organization to request, require, or 
purchase genetic information with respect to a member or a family 
member of the member (or information about a request for the receipt of 
genetic services by such member or a family member of such member) 
except--
            (1) where a labor organization inadvertently requests or 
        requires family medical history of the member or family member 
        of the member;
            (2) where--
                    (A) health or genetic services are offered by the 
                labor organization, including such services offered as 
                part of a bona fide wellness program;
                    (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 identifiable information concerning the 
                results of such services; and
                    (D) any individually identifiable genetic 
                information 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 specific members;
            (3) where a labor organization requests or requires 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 documents that are 
        commercially and publicly available (including newspapers, 
        magazines, periodicals, and books, but not including medical 
        databases or court records) that include family medical 
        history; or
            (5) where the information involved is to be used for 
        genetic monitoring of the biological effects of toxic 
        substances in the workplace, but only if--
                    (A) the labor organization provides written notice 
                of the genetic monitoring to the member;
                    (B)(i) the member provides prior, knowing, 
                voluntary, and written authorization; or
                    (ii) the genetic monitoring is required by Federal 
                or State law;
                    (C) the member is informed of individual monitoring 
                results;
                    (D) the monitoring is in compliance with--
                            (i) any Federal genetic monitoring 
                        regulations, including any such regulations 
                        that may be promulgated by the Secretary of 
                        Labor pursuant to the Occupational Safety and 
                        Health Act of 1970 (29 U.S.C. 651 et seq.), the 
                        Federal Mine Safety and Health Act of 1977 (30 
                        U.S.C. 801 et seq.), or the Atomic Energy Act 
                        of 1954 (42 U.S.C. 2011 et seq.); or
                            (ii) State genetic monitoring regulations, 
                        in the case of a State that is implementing 
                        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 certified genetic 
                counselor that is involved in the genetic monitoring 
                program, receives the results of the monitoring only in 
                aggregate terms that do not disclose the identity of 
                specific 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) or (2) of 
subsection (a) or treated or disclosed in a manner that violates 
section 206.

SEC. 205. TRAINING PROGRAMS.

    (a) Use of Genetic Information.--It shall be an unlawful employment 
practice for any employer, labor organization, or joint labor-
management committee controlling apprenticeship or other training or 
retraining, including on-the-job training programs--
            (1) to discriminate against any individual because of 
        genetic information with respect to the individual (or 
        information about a request for or the receipt of genetic 
        services by such individual or a family 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 employment opportunities, or otherwise 
        adversely affect the status of the individual as an employee, 
        because of genetic information with respect to the individual 
        (or information about a request for or receipt of genetic 
        services by such individual or family member of such 
        individual); or
            (3) to cause or attempt to cause an employer to 
        discriminate against an applicant for or a participant in such 
        apprenticeship or other training or retraining 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 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 the employer, labor organization, or joint labor-
        management committee inadvertently requests or requires family 
        medical history of the individual or family member of the 
        individual;
            (2) where--
                    (A) health or genetic services are offered by the 
                employer, labor organization, or joint labor-management 
                committee, including such services offered as part of a 
                bona fide wellness program;
                    (B) the individual provides prior, knowing, 
                voluntary, and written authorization;
                    (C) only the individual (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 identifiable information 
                concerning the results of such services;
                    (D) any individually identifiable genetic 
                information 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 specific individuals;
            (3) where the employer, labor organization, or joint labor-
        management committee requests or requires family medical 
        history from the individual to comply with the certification 
        provisions of section 103 of the Family and Medical Leave Act 
        of 1993 (29 U.S.C. 2613) or such requirements under State 
        family and medical leave laws;
            (4) where the employer, labor organization, or joint labor-
        management committee purchases documents 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, knowing, 
                voluntary, and written authorization; or
                    (ii) the genetic monitoring is required by Federal 
                or State law;
                    (C) the individual is informed of individual 
                monitoring results;
                    (D) the monitoring is in compliance with--
                            (i) any Federal genetic monitoring 
                        regulations, including any such regulations 
                        that may be promulgated by the Secretary of 
                        Labor pursuant to the Occupational Safety and 
                        Health Act of 1970 (29 U.S.C. 651 et seq.), the 
                        Federal Mine Safety and Health Act of 1977 (30 
                        U.S.C. 801 et seq.), or the Atomic Energy Act 
                        of 1954 (42 U.S.C. 2011 et seq.); or
                            (ii) State genetic monitoring regulations, 
                        in the case of a State that is implementing 
                        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 results of the monitoring only in 
                aggregate terms that do not disclose the identity of 
                specific individuals;
    (c) Preservation of protections.--In the case of information to 
which any of 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 
section 206.

SEC. 206. CONFIDENTIALITY OF GENETIC INFORMATION.

    (a) Treatment of Information as Part of Confidential Medical 
Record.--If an employer, employment agency, labor organization, or 
joint labor-management 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 information 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, employment agency, 
labor organization, or joint labor-management committee shall not 
disclose genetic information concerning 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) 
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 researcher if the 
        research is conducted in compliance with the regulations and 
        protections provided for under part 46 of title 45, Code of 
        Federal Regulations;
            (3) in response to an order of a court, except that--
                    (A) the employer, employment agency, labor 
                organization, or joint labor-management committee may 
                disclose only the genetic information 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, employment agency, 
                labor organization, or joint labor-management committee 
                shall provide the employee or member with adequate 
                notice to challenge the court order;
            (4) to government officials who are investigating 
        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.

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 Attorney 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 employment 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 (42 U.S.C. 1988), shall be powers, remedies, 
        and procedures this title provides to the Commission, the 
        Attorney General, or any person, alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of 
        such section 1977A, shall be powers, remedies, and procedures 
        this title provides to the Commission, the Attorney General, or 
        any person, alleging such a practice (not an employment 
        practice specifically excluded from coverage under section 
        1977A(a)(1) of the Revised Statutes).
    (b) Employees Covered by Government Employee Rights Act of 1991.--
            (1) In general.--The powers, remedies, and procedures 
        provided in sections 302 and 304 of the Government Employee 
        Rights Act of 1991 (42 U.S.C. 2000e-16b, 2000e-16c) to the 
        Commission, or any person, alleging a violation of section 
        302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be the 
        powers, remedies, and procedures this title provides to the 
        Commission, or any person, respectively, alleging an unlawful 
        employment practice in violation of this title against an 
        employee described in section 201(2)(A)(ii), except as provided 
        in paragraphs (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures 
        provided in subsections (b) and (c) of section 722 of the 
        Revised Statutes (42 U.S.C. 1988), shall be powers, remedies, 
        and procedures this title provides to the Commission, or any 
        person, alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of 
        such section 1977A, shall be powers, remedies, and procedures 
        this title provides to the Commission, or any person, alleging 
        such a practice (not an employment practice specifically 
        excluded from coverage under section 1977A(a)(1) of the Revised 
        Statutes).
    (c) Employees Covered by Congressional Accountability Act of 
1995.--
            (1) In general.--The powers, remedies, and procedures 
        provided in the Congressional Accountability Act of 1995 (2 
        U.S.C. 1301 et seq.) to the Board (as defined in section 101 of 
        that Act (2 U.S.C. 1301)), or any person, alleging a violation 
        of section 201(a)(1) of that Act (42 U.S.C. 1311(a)(1)) shall 
        be the powers, remedies, and procedures this title provides to 
        that Board, or any person, alleging an unlawful employment 
        practice in violation of this title against an employee 
        described in section 201(2)(A)(iii), except as provided in 
        paragraphs (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures 
        provided in subsections (b) and (c) of section 722 of the 
        Revised Statutes (42 U.S.C. 1988), shall be powers, remedies, 
        and procedures this title provides to that Board, or any 
        person, alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of 
        such section 1977A, shall be powers, remedies, and procedures 
        this title provides to that Board, or any person, alleging such 
        a practice (not an employment practice specifically excluded 
        from coverage under section 1977A(a)(1) of the Revised 
        Statutes).
            (4) Other applicable provisions.--With respect to a claim 
        alleging a practice described in paragraph (1), title III of 
        the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et 
        seq.) shall apply in the same manner as such title applies with 
        respect to a claim alleging a violation of section 201(a)(1) of 
        such Act (2 U.S.C. 1311(a)(1)).
    (d) Employees Covered by Chapter 5 of title 3, United States 
Code.--
            (1) In general.--The powers, remedies, and procedures 
        provided in chapter 5 of title 3, United States Code, to the 
        President, the Commission, the Merit Systems Protection Board, 
        or any person, alleging a violation of section 411(a)(1) of 
        that title, shall be the powers, remedies, and procedures this 
        title provides to the President, the Commission, such Board, or 
        any person, respectively, alleging an unlawful employment 
        practice in violation of this title against an employee 
        described in section 201(2)(A)(iv), except as provided in 
        paragraphs (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures 
        provided in subsections (b) and (c) of section 722 of the 
        Revised Statutes (42 U.S.C. 1988), shall be powers, remedies, 
        and procedures this title provides to the President, the 
        Commission, such Board, or any person, alleging such a 
        practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of 
        such section 1977A, shall be powers, remedies, and procedures 
        this title provides to the President, the Commission, such 
        Board, or any person, alleging such a practice (not an 
        employment practice specifically excluded from coverage under 
        section 1977A(a)(1) of the Revised Statutes).
    (e) Employees Covered by Section 717 of the Civil Rights Act of 
1964.--
            (1) In general.--The powers, remedies, and procedures 
        provided in section 717 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e-16) to the Commission, the Attorney General, the 
        Librarian of Congress, or any person, alleging a violation of 
        that section shall be the powers, remedies, and procedures this 
        title provides to the Commission, the Attorney General, the 
        Librarian of Congress, or any person, respectively, alleging an 
        unlawful employment practice in violation of this title against 
        an employee or applicant described in section 201(2)(A)(v), 
        except as provided in paragraphs (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures 
        provided in subsections (b) and (c) of section 722 of the 
        Revised Statutes (42 U.S.C. 1988), shall be powers, remedies, 
        and procedures this title provides to the Commission, the 
        Attorney General, the Librarian of Congress, or any person, 
        alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of 
        such section 1977A, shall be powers, remedies, and procedures 
        this title provides to the Commission, the Attorney General, 
        the Librarian of Congress, or any person, alleging such a 
        practice (not an employment practice specifically excluded from 
        coverage under section 1977A(a)(1) of the Revised Statutes).
    (f) Definition.--In this section, the term ``Commission'' means the 
Equal Employment Opportunity Commission.

SEC. 208. DISPARATE IMPACT.

    (a) General Rule.--Notwithstanding any other provision of this Act, 
``disparate impact'', as that term is used in section 703(k) of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e-d(k)), on the basis of 
genetic information does not establish a cause of action under this 
Act.
    (b) Commission.--On the date that is 6 years after the date of 
enactment of this Act, there shall be established a commission, to be 
known as the Genetic Nondiscrimination Study Commission (referred to in 
this section as the ``Commission'') to review the developing science of 
genetics and to make recommendations to Congress regarding whether to 
provide a disparate impact cause of action under this Act.
    (c) Membership.--
            (1) In general.--The Commission shall be composed of 8 
        members, of which--
                    (A) 1 member shall be appointed by the Majority 
                Leader of the Senate;
                    (B) 1 member shall be appointed by the Minority 
                Leader of the Senate;
                    (C) 1 member shall be appointed by the Chairman of 
                the Committee on Health, Education, Labor, and Pensions 
                of the Senate;
                    (D) 1 member shall be appointed by the ranking 
                minority member of the Committee on Health, Education, 
                Labor, and Pensions of the Senate;
                    (E) 1 member shall be appointed by the Speaker of 
                the House of Representatives;
                    (F) 1 member shall be appointed by the Minority 
                Leader of the House of Representatives;
                    (G) 1 member shall be appointed by the Chairman of 
                the Committee on Education and the Workforce of the 
                House of Representatives; and
                    (H) 1 member shall be appointed by the ranking 
                minority member of the Committee on Education and the 
                Workforce of the House of Representatives.
            (2) Compensation and expenses.--The members of the 
        Commission shall not receive compensation for the performance 
        of services for the Commission, but shall be allowed travel 
        expenses, including per diem in lieu of subsistence, at rates 
        authorized for employees of agencies under subchapter I of 
        chapter 57 of title 5, United States Code, while away from 
        their homes or regular places of business in the performance of 
        services for the Commission.
    (d) Administrative Provisions.--
            (1) Location.--The Commission shall be located in a 
        facility maintained by the Equal Employment Opportunity 
        Commission.
            (2) Detail of government employees.--Any Federal Government 
        employee may be detailed 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 Federal department or agency such 
        information as the Commission considers necessary to carry out 
        the provisions of this section. Upon request of the Commission, 
        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 subsection (c)(1), the Commission 
shall submit to Congress a report that summarizes the findings of the 
Commission and makes such recommendations for legislation as are 
consistent with this Act.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Equal Employment Opportunity Commission such sums 
as may be necessary to carry out this section.

SEC. 209. CONSTRUCTION.

    Nothing in this title shall be construed to--
            (1) limit the rights or protections of an individual under 
        the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.), including coverage afforded to 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 individual 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
            (B) establish a violation under this title for an employer, 
        employment agency, labor organization, or joint labor-
        management committee of a provision of the amendments made by 
        title I;
            (3) limit the rights or protections of an individual under 
        any other Federal or State statute that provides equal or 
        greater protection to an individual than the rights or 
        protections provided for under this title;
            (4) apply to the Armed Forces Repository of Specimen 
        Samples for the Identification of Remains;
            (5) limit or expand the protections, rights, or obligations 
        of employees or employers under applicable workers' 
        compensation laws;
            (6) limit the authority of a Federal department or agency 
        to conduct or sponsor occupational or other health research 
        that is conducted in compliance with the regulations contained 
        in part 46 of title 45, Code of Federal Regulations (or any 
        corresponding or similar regulation or rule); and
            (7) limit the statutory or regulatory authority of the 
        Occupational Safety and Health Administration or the Mine 
        Safety and Health Administration to promulgate or enforce 
        workplace safety and health laws and regulations.

SEC. 210. MEDICAL INFORMATION THAT IS NOT GENETIC INFORMATION.

    An employer, employment agency, labor organization, or joint labor-
management committee shall not be considered to be in violation of this 
title based on the use, acquisition, or disclosure of medical 
information that is not genetic information about a manifested disease, 
disorder, or pathological condition of an employee or member, including 
a manifested disease, disorder, or pathological condition that has or 
may have a genetic basis.

SEC. 211. REGULATIONS.

    Not later than 1 year after the date of enactment of this title, 
the Commission shall issue final regulations in an accessible format to 
carry out this title.

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title (except for section 208).

SEC. 213. EFFECTIVE DATE.

    This title takes effect on the date that is 18 months after the 
date of enactment of this Act.

                   TITLE III--MISCELLANEOUS PROVISION

SEC. 301. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, 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 Senate October 14, 2003.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                                S. 1053

_______________________________________________________________________

                                 AN ACT

  To prohibit discrimination on the basis of genetic information with 
              respect to health insurance and employment.