[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4249 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4249

 To ensure the protection of human genetic information collected as a 
               result of diagnostic testing for COVID-19.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2020

  Mr. Tillis introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To ensure the protection of human genetic information collected as a 
               result of diagnostic testing for COVID-19.

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

SECTION 1. PROTECTION OF HUMAN GENETIC INFORMATION.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of Health and Human Services shall ensure that no person may 
collect, store, analyze, disseminate, or otherwise make use of, or 
benefit from, any human genetic information collected as a result of 
diagnostic testing for COVID-19, for any incidental use, or any reason 
other than such diagnostic or serologic testing, except with the 
express, written, informed consent of the individual being tested.
    (b) Enforcement.--Any person who violates subsection (a) shall be 
subject to a civil monetary penalty of not more than $100 for each such 
violation.
    (c) Definitions.--In this section--
            (1) the term ``genetic information'' has the meaning given 
        such term in section 160.103 of title 45, Code of Federal 
        Regulations (or any successor regulations); and
            (2) the term ``incidental'' means any action taken by any 
        person, directly or indirectly, to obtain genetic information 
        from an individual, for any purpose, other than the purpose 
        specifically authorized by the living individual from whom the 
        specimen has its biological origin or another designated 
        individual if the individual is a minor or is incapacitated, or 
        if the individual is deceased, the individual's next of kin.
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