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







108th CONGRESS
  1st Session
                                S. 1053

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2003

Ms. Snowe (for herself, Mr. Frist, Mr. Jeffords, Mr. Enzi, Ms. Collins, 
 Mr. Hagel, Mr. DeWine, and Mr. Gregg) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  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.

    This Act may be cited as the ``Genetic Information 
Nondiscrimination Act of 2003''.

         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)''.
            (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 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).
    (b) Limitations on Genetic Testing and the Collection of Genetic 
Information.--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 limit the authority of a health care professional, 
        who is providing health care services with respect to an 
        individual or who is acting on behalf of a group health plan or 
        a health insurance issuer, to request that such individual or a 
        family member of such individual undergo a genetic test. Such a 
        health care professional shall not require that such individual 
        or family member undergo a genetic test.
    ``(d) Compliance With Certain Confidentiality Standards With 
Respect to Genetic Information.--With respect to the use or disclosure 
of genetic information by a group health plan, or a health insurance 
issuer offering health insurance coverage in connection with a group 
health plan, such information shall be deemed to be protected health 
information for purposes of, and shall be subject to, the standards 
promulgated by the Secretary of Health and Human Services under--
            ``(1) part C of title XI of the Social Security Act (42 
        U.S.C. 1320d et seq.); or
            ``(2) section 264(c) of the Health Insurance Portability 
        and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 
        2033).
    ``(e) Collection of Genetic Information.--
            ``(1) Limitation on requesting or requiring genetic 
        information.--Except as provided in paragraph (2), 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 genetic information concerning an 
        individual or a family member of the individual (including 
        information about a request for or receipt of genetic 
        services).
            ``(2) Information needed for treatment, payment, and health 
        care operations.--Notwithstanding paragraph (1), a group health 
        plan, or a health insurance issuer offering health insurance 
        coverage in connection with a group health plan, that provides 
        health care items and services to an individual may request 
        genetic information concerning such individual or dependent for 
        purposes of treatment, payment, or health care operations in 
        accordance with the standards for protected health information 
        described in subsection (d) to the extent that the use of such 
        information is otherwise consistent with this section.
            ``(3) Failure to provide necessary information.--If an 
        individual or dependent refuses to provide the information 
        requested under paragraph (2), and such information is for 
        treatment, payment, or health care operations relating to the 
        individual, the group health plan or health insurance issuer 
        requesting such information shall not be required to provide 
        coverage for the items, services, or treatments with respect to 
        which the requested information relates in any action under 
        part 5.''.
    (c) 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--
                            ``(i) concerning--
                                    ``(I) the genetic tests of an 
                                individual;
                                    ``(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; and
                            ``(ii) that is used to predict risk of 
                        disease in asymptomatic or undiagnosed 
                        individuals.
                    ``(B) Exceptions.--The term `genetic information' 
                shall not include--
                            ``(i) information about the sex or age of 
                        the individual;
                            ``(ii) information derived from clinical 
                        and laboratory tests, such as the chemical, 
                        blood, or urine analyses of the individual 
                        including cholesterol tests, used to determine 
                        health status or detect illness or diagnose 
                        disease; and
                            ``(iii) information about physical exams of 
                        the individual.
            ``(7) Genetic services.--The term `genetic services' means 
        health services provided for genetic education and counseling.
            ``(8) Genetic test.--The term `genetic test' means the 
        analysis of human DNA, RNA, chromosomes, proteins, and 
        metabolites, that detect genotypes, mutations, or chromosomal 
        changes. Such term does not include information described in 
        paragraph (6)(B).''.
    (d) 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)''.
                    (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 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).''.
            (2) Limitations on genetic testing and the collection of 
        genetic information.--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 limit the authority of a health care professional, 
        who is providing health care services with respect to an 
        individual or who is acting on behalf of a group health plan or 
        a health insurance issuer, to request that such individual or a 
        family member of such individual undergo a genetic test. Such a 
        health care professional shall not require that such individual 
        or family member undergo a genetic test.
    ``(d) Compliance With Certain Confidentiality Standards With 
Respect to Genetic Information.--With respect to the use or disclosure 
of genetic information by a group health plan, or a health insurance 
issuer offering health insurance coverage in connection with a group 
health plan, such information shall be deemed to be protected health 
information for purposes of, and shall be subject to, the standards 
promulgated by the Secretary of Health and Human Services under--
            ``(1) part C of title XI of the Social Security Act (42 
        U.S.C. 1320d et seq.); or
            ``(2) section 264(c) of the Health Insurance Portability 
        and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 
        2033).
    ``(e) Collection of Genetic Information.--
            ``(1) Limitation on requesting or requiring genetic 
        information.--Except as provided in paragraph (2), 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 genetic information concerning an 
        individual or a family member of the individual (including 
        information about a request for or receipt of genetic 
        services).
            ``(2) Information needed for treatment, payment, and health 
        care operations.--Notwithstanding paragraph (1), a group health 
        plan, or a health insurance issuer offering health insurance 
        coverage in connection with a group health plan, that provides 
        health care items and services to an individual may request 
        genetic information concerning such individual or dependent for 
        purposes of treatment, payment, or health care operations in 
        accordance with the standards for protected health information 
        described in subsection (d) to the extent that the use of such 
        information is otherwise consistent with this section.
            ``(3) Failure to provide necessary information.--If an 
        individual or dependent refuses to provide the information 
        requested under paragraph (2), and such information is for 
        treatment, payment, or health care operations relating to the 
        individual, the group health plan or health insurance issuer 
        requesting such information shall not be required to provide 
        coverage for the items, services, or treatments with respect to 
        which the requested information relates.''.
            (3) 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--
                            ``(i) concerning--
                                    ``(I) the genetic tests of an 
                                individual;
                                    ``(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; and
                            ``(ii) that is used to predict risk of 
                        disease in asymptomatic or undiagnosed 
                        individuals.
                    ``(B) Exceptions.--The term `genetic information' 
                shall not include--
                            ``(i) information about the sex or age of 
                        the individual;
                            ``(ii) information derived from clinical 
                        and laboratory tests, such as the chemical, 
                        blood, or urine analyses of the individual 
                        including cholesterol tests, used to determine 
                        health status or detect illness or diagnose 
                        disease; and
                            ``(iii) information about physical exams of 
                        the individual.
            ``(17) Genetic services.--The term `genetic services' means 
        health services provided for genetic education and counseling.
            ``(18) Genetic test.--The term `genetic test' means the 
        analysis of human DNA, RNA, chromosomes, proteins, and 
        metabolites, that detect genotypes, mutations, or chromosomal 
        changes. Such term does not include information described in 
        paragraph (16)(B).''.
    (b) Amendment Relating to the Individual Market.--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--
            (1) by redesignating such subpart as subpart 2; and
            (2) 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 use genetic information as a 
condition of eligibility of an individual to enroll in individual 
health insurance coverage (including information about a request for or 
receipt of genetic services).
    ``(b) Prohibition on Genetic Information in Setting Premium 
Rates.--For purposes of this section, 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).
    ``(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 limit the authority of a health care professional, 
        who is providing health care services with respect to an 
        individual or who is acting on behalf of a health insurance 
        issuer, to request that such individual or a family member of 
        such individual undergo a genetic test. Such a health care 
professional shall not require that such individual or family member 
undergo a genetic test.
    ``(d) Compliance With Certain Confidentiality Standards With 
Respect to Genetic Information.--With respect to the use or disclosure 
of genetic information by a health insurance issuer offering health 
insurance coverage in the individual market, such information shall be 
deemed to be protected health information for purposes of, and shall be 
subject to, the standards promulgated by the Secretary of Health and 
Human Services under--
            ``(1) part C of title XI of the Social Security Act (42 
        U.S.C. 1320d et seq.); or
            ``(2) section 264(c) of the Health Insurance Portability 
        and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 
        2033).
    ``(e) Collection of Genetic Information.--
            ``(1) Limitation on requesting or requiring genetic 
        information.--Except as provided in paragraph (2), a health 
        insurance issuer offering health insurance coverage in the 
        individual market shall not request or require genetic 
        information concerning an individual or a family member of the 
        individual (including information about a request for or 
        receipt of genetic services).
            ``(2) Information needed for treatment, payment, and health 
        care operations.--Notwithstanding paragraph (1), a health 
        insurance issuer offering health insurance coverage in the 
        individual market that provides health care items and services 
        to an individual may request genetic information concerning 
        such individual or dependent for purposes of treatment, 
        payment, or health care operations in accordance with the 
        standards for protected health information described in 
        subsection (d) to the extent that the use of such information 
        is otherwise consistent with this section.
            ``(3) Failure to provide necessary information.--If an 
        individual or dependent refuses to provide the information 
        requested under paragraph (2), and such information is for 
        treatment, payment, or health care operations relating to the 
        individual, the health insurance issuer requesting such 
        information shall not be required to provide coverage for the 
        items, services, or treatments with respect to which the 
        requested information relates.''.
    (c) 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)''.
            (2) No discrimination in group premiums based on genetic 
        information.--Section 9802(b) of the Internal Revenue Code of 
        1986 is amended 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).''.
    (b) Limitations on Genetic Testing and the Collection of Genetic 
Information.--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 limit the authority of a health care professional, 
who is providing health care services with respect to an individual or 
who is acting on behalf of  a group health plan, to request that such 
individual or a family member of such individual undergo a genetic 
test. Such a health care professional shall not require that such 
individual or family member undergo a genetic test.
    ``(e) Compliance With Certain Confidentiality Standards With 
Respect to Genetic Information.--With respect to the use or disclosure 
of genetic information by a group health plan, such information shall 
be deemed to be protected health information for purposes of, and shall 
be subject to, the standards promulgated by the Secretary of Health and 
Human Services under--
            ``(1) part C of title XI of the Social Security Act (42 
        U.S.C. 1320d et seq.); or
            ``(2) section 264(c) of the Health Insurance Portability 
        and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 
        2033).
    ``(f) Collection of Genetic Information.--
            ``(1) Limitation on requesting or requiring genetic 
        information.--Except as provided in paragraph (2), a group 
        health plan shall not request or require genetic information 
        concerning an individual or a family member of the individual 
        (including information about a request for or receipt of 
        genetic services).
            ``(2) Information needed for treatment, payment, and health 
        care operations.--Notwithstanding paragraph (1), a group health 
        plan that provides health care items and services to an 
        individual may request genetic information concerning such 
        individual or dependent for purposes of treatment, payment, or 
        health care operations in accordance with the standards for 
        protected health information described in subsection (e) to the 
        extent that the use of such information is otherwise consistent 
        with this section.
            ``(3) Failure to provide necessary information.--If an 
        individual or dependent refuses to provide the information 
        requested under paragraph (2), and such information is for 
        treatment, payment, or health care operations relating to the 
        individual, the group health plan requesting such information 
        shall not be required to provide coverage for the items, 
        services, or treatments with respect to which the requested 
        information relates.''.
    (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 information.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `genetic information' means 
                information--
                            ``(i) concerning--
                                    ``(I) the genetic tests of an 
                                individual;
                                    ``(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; and
                            ``(ii) that is used to predict risk of 
                        disease in asymptomatic or undiagnosed 
                        individuals.
                    ``(B) Exceptions.--The term `genetic information' 
                shall not include--
                            ``(i) information about the sex or age of 
                        the individual;
                            ``(ii) information derived from clinical 
                        and laboratory tests, such as the chemical, 
                        blood, or urine analyses of the individual 
                        including cholesterol tests, used to determine 
                        health status or detect illness or diagnose 
                        disease; and
                            ``(iii) information about physical exams of 
                        the individual.
            ``(8) Genetic services.--The term `genetic services' means 
        health services provided for genetic education and counseling.
            ``(9) Genetic test.--The term `genetic test' means the 
        analysis of human DNA, RNA, chromosomes, proteins, and 
        metabolites, that detect genotypes, mutations, or chromosomal 
        changes. Such term does not include information described in 
        paragraph (7)(B).''.
    (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. ASSURING COORDINATION.

    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.

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; and member.--The terms--
                    (A) ``employee'', ``employer'', ``employment 
                agency'', and ``labor organization'' have the meanings 
                given such terms in section 701 of the Civil Rights Act 
                of 1964 (42 U.S.C. 2000e); and
                    (B) ``employee'' and ``member'', as used with 
                respect to a labor organization, include an applicant 
                for employment and an applicant for membership in a 
                labor organization, respectively.
            (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--
                            (i) concerning--
                                    (I) the genetic tests of an 
                                individual;
                                    (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; and
                            (ii) that is used to predict risk of 
                        disease in asymptomatic or undiagnosed 
                        individuals.
                    (B) Exceptions.--The term ``genetic information'' 
                shall not include--
                            (i) information about the sex or age of the 
                        individual;
                            (ii) information derived from clinical and 
                        laboratory tests, such as the chemical, blood, 
                        or urine analyses of the individual including 
                        cholesterol tests, used to determine health 
                        status or detect illness or diagnose disease; 
                        and
                            (iii) information about physical exams of 
                        the 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 
        health services provided for genetic education and counseling.
            (7) Genetic test.--The term ``genetic test'' means the 
        analysis of human DNA, RNA, chromosomes, proteins, and 
        metabolites, that detect genotypes, mutations, or chromosomal 
        changes. Such term does not include information described in 
        paragraph (4)(B).

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 
        individual, or otherwise to discriminate against any individual 
        with respect to the compensation, terms, conditions, or 
        privileges of employment of the 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); or
            (2) to limit, segregate, or classify the employees of the 
        employer 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).
    (b) Limitation on Collection of Genetic Information.--It shall be 
an unlawful employment practice for an employer to intentionally 
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 of such employee) except--
            (1) 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, 
                State, or local law;
                    (C) the employee is informed of individual 
                monitoring results;
                    (D) the monitoring conforms to any Federal or State 
                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.) or the Federal Mine 
Safety and Health Act of 1977 (30 U.S.C. 801 et seq.); and
                    (E) the employer, excluding any licensed or 
                certified health care professional 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;
            (2) where--
                    (A) health or genetic services are offered by the 
                employer;
                    (B) the employee provides prior, knowing, 
                voluntary, and written authorization; and
                    (C) only the employee (or family member if the 
                family member is receiving genetic services) and the 
                licensed or certified health care professionals 
                involved in providing such services receive 
                individually identifiable information concerning the 
                results of such services; or
            (3) where the request or requirement is necessary to comply 
        with Federal, State, or local law.
    (c) Limitation.--In the case of genetic information to which 
paragraph (1), (2), or (3) of subsection (b) applies, such information 
may not be used in violation of paragraph (1) or (2) of subsection (a).
    (d) Exception.--
            (1) In general.--An employer shall not be considered to 
        engage in an employment practice that is unlawful under this 
        title because of its disparate impact, on the basis that the 
        employer applies a qualification standard, test, or other 
        selection criterion that screens out or tends to screen out, or 
        otherwise denies a job benefit to, an individual, if the 
        standard, test, or other selection criterion is shown to be 
        job-related with respect to the employment position involved 
        and consistent with business necessity.
            (2) Qualification standard.--In this subsection, the term 
        ``qualification standard'' may include a requirement that an 
        individual shall not pose a direct threat to the health or 
        safety of other individuals in the workplace.
    (e) Rule of Construction Relating to Group Health Plans.--Nothing 
in this section shall be construed to prohibit a group health plan (as 
such term is defined in section 733(a) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1191b(a))), or a health 
insurance issuer offering group health insurance coverage in connection 
with a group health plan, from making a request described in subsection 
(b) if such request is consistent with the provisions of part 7 of 
subtitle B of title I of the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1181 et seq.), title XXVII of the Public Health Service 
(42 U.S.C. 300gg et seq.), and chapter 100 of the Internal Revenue Code 
of 1986.

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); or
            (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).
    (b) Limitation on Collection of Genetic Information.--It shall be 
an unlawful employment practice for an employment agency--
            (1) to intentionally request, require, or purchase genetic 
        information with respect to an employee or family member of the 
        employee (or information about a request for or the receipt of 
        genetic services by such employee or family member of such 
        employee), except that the provisions of section 202(b) shall 
        apply with respect to employment agencies and employees (and 
        the family members of the employees) under this paragraph in 
        the same manner and to the same extent as such provisions apply 
        to employers and employees (and the family members of the 
        employees) under section 202(b); or
            (2) to cause or attempt to cause an employer to 
        discriminate against an individual in violation of this title.
    (c) Limitation and Exception.--Subsections (c) and (d) of section 
202 shall apply with respect to employment agencies and employees (and 
the family members of the employees) under this section in the same 
manner and to the same extent as such provisions apply to employers and 
employees (and the family members of the employees) under section 202.

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 
        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); or
            (2) to limit, segregate, or classify the members of the 
        organization, 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).
    (b) Limitation on Collection of Genetic Information.--It shall be 
an unlawful employment practice for a labor organization--
            (1) to intentionally request, require, or purchase genetic 
        information with respect to an individual who is a member of a 
        labor organization or a family member of the individual (or 
information about a request for or the receipt of genetic services by 
such individual or family member of such individual) except that the 
provisions of section 202(b) shall apply with respect to labor 
organizations and such individuals (and their family members) under 
this paragraph in the same manner and to the same extent as such 
provisions apply to employers and employees (and the family members of 
the employees) under section 202(b); or
            (2) to cause or attempt to cause an employer to 
        discriminate against an individual in violation of this title.
    (c) Limitation and Exception.--Subsections (c) and (d) of section 
202 shall apply with respect to labor organizations and individuals who 
are members of labor organizations (and the family members of the 
individuals) under this section in the same manner and to the same 
extent as such provisions apply to employers and employees (and the 
family members of the employees) under section 202.

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; or
            (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).
    (b) Limitation on Collection of Genetic Information.--It shall be 
an unlawful employment practice for an employer, labor organization, or 
joint labor-management committee described in subsection (a)--
            (1) to intentionally request, require, or purchase genetic 
        information with respect to an individual who is an applicant 
        for or a participant in such apprenticeship or other training 
        or retraining (or information about a request for or the 
        receipt of genetic services by such individual or family member 
        of such individual) except that the provisions of section 
        202(b) shall apply with respect to such employers, labor 
        organizations, and joint labor-management committees and to 
        such individuals (and their family members) under this 
        paragraph in the same manner and to the same extent as such 
        provisions apply to employers and employees (and their family 
        members) under section 202(b); or
            (2) 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.
    (c) Limitation and Exception.--Subsections (c) and (d) of section 
202 shall apply with respect to employers, labor organizations, and 
joint labor-management committees described in subsection (a) and to 
individuals who are applicants for or participants in apprenticeship or 
other training or retraining (and the family members of the 
individuals) under this section in the same manner and  to the same 
extent as the provisions apply to employers and to employees (and the 
family members of the employees) under section 202.

SEC. 206. CONFIDENTIALITY OF GENETIC INFORMATION.

    (a) Treatment of Information as Part of Confidential Medical 
Record.--
            (1) In general.--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 treated and maintained as 
        part of the employee's or member's confidential medical 
        records.
            (2) 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--
                    (A) to the employee (or family member if the family 
                member is receiving the genetic services) or member at 
                the request of the employee or member;
                    (B) 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 (or any 
                corresponding similar regulation or rule);
                    (C) under legal compulsion of a Federal or State 
                court order, except that if the court order was secured 
                without the knowledge of the individual to whom the 
                information refers, the employer shall provide the 
                individual with adequate notice to challenge the court 
                order;
                    (D) to government officials who are investigating 
                compliance with this title if the information is 
                relevant to the investigation;
                    (E) to the extent that such disclosure is necessary 
                to comply with Federal, State, or local law; or
                    (F) as otherwise provided for in this title.
    (b) Rule of Construction Relating to Group Health Plans.--Nothing 
in this section shall be construed to prohibit a group health plan (as 
such term is defined in section 733(a) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1191b(a))), or a health 
insurance issuer offering group health insurance coverage in connection 
with a group health plan, from using or disclosing information 
described in subsection (a) if such use of disclosure is consistent 
with the provisions of part 7 of subtitle B of title I of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.), title 
XXVII of the Public Health Service (42 U.S.C. 300gg et seq.), and 
chapter 100 of the Internal Revenue Code of 1986.

SEC. 207. ENFORCEMENT.

    The powers, remedies, and procedures set forth in sections 705, 
706, 707, 709, and 710 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e-4, 2000e-5, 2000e-6, 2000e-8, and 2000e-9) shall be the powers, 
remedies, and procedures that this title provides to the Commission, to 
the Attorney General, or to any person alleging an unlawful employment 
practice in violation of section 202 (other than subsection (e) of such 
section), 203, 204, 205, or 206(a) or the regulations promulgated under 
section 210, concerning employment.

SEC. 208. AMENDMENT TO THE REVISED STATUTES.

    (a) Right of Recovery.--Section 1977A(a) of the Revised Statutes 
(42 U.S.C. 1981a(a)) is amended by adding at the end the following:
            ``(4) Genetic information.--In an action brought by a 
        complaining party under the powers, remedies, and procedures 
        set forth in section 706 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e-5), as authorized under section 207 of the Genetic 
        Information Nondiscrimination Act of 2003, against a respondent 
        who is engaging (or has engaged) in an intentional unlawful 
        employment practice prohibited by section 202 (other than 
        subsection (e) of such section), 203, 204, 205 or 206(a) of 
        such Genetic Information Nondiscrimination Act of 2003 against 
        an individual (other than an action involving an employment 
        practice that is allegedly unlawful because of its disparate 
        impact), the complaining party may recover compensatory and 
        punitive damages as permitted under subsection (b), in addition 
        to any relief otherwise provided for under section 706(g) of 
        the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(g)), from the 
        respondent.''.
    (b) Conforming Amendments.--Section 1977A(d) of the Revised 
Statutes (42 U.S.C. 1981a(d)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(C) in the case of a person seeking to bring an 
                action under subsection (a)(4) ,the Equal Employment 
                Opportunity Commission, the Attorney General, or a 
                person who may bring an action or proceeding under 
                title II of the Genetic Information Nondiscrimination 
                Act of 2003.''; and
            (2) in paragraph (2), by striking ``or the discrimination 
        or the violation described in paragraph (2),'' and inserting 
        ``the discrimination or the violation described in paragraph 
        (2), or the intentional unlawful employment practice described 
        in paragraph (4),''.

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.), except that an individual 
        may not bring an action against an employer, employment agency, 
        labor organization, or joint labor-management committee 
        pursuant to this title and also pursuant to the Americans with 
        Disabilities Act of 1990 or the Rehabilitation Act of 1973, if 
        the actions are predicated on the same facts or a common 
        occurrence;
            (2) 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, except that 
        an individual may not bring an action against such an employer, 
        employment agency, labor organization, or joint labor-
        management committee, with respect to a group health plan or a 
        health insurance issuer offering health insurance coverage in 
        connection with a group health plan, under this title if the 
        action is based on a violation 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 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
            (6) 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. 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. 211. SEVERABILITY.

    If any provision of this title, an amendment made by this title, or 
the application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this 
title, the amendments made by this title, and the application of such 
provisions to any person or circumstance shall not be affected thereby.

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title.

SEC. 213. EFFECTIVE DATE.

    (a) In General.--This title takes effect on the date that is 18 
months after the date of enactment of this Act.
    (b) Enforcement.--Notwithstanding subsection (a), no enforcement 
action shall be commenced under section 207 until the date on which the 
Commission issues final regulations under section 210.
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