[Congressional Record Volume 154, Number 65 (Wednesday, April 23, 2008)]
[Senate]
[Pages S3309-S3322]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4570. Mr. VITTER (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed by him to the bill S. 1315, to amend 
title 38, United States Code, to enhance life insurance benefits for 
disabled veterans, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title I, add the following:

     SEC. 109. TREATMENT OF STILLBORN CHILDREN AS INSURABLE 
                   DEPENDENTS UNDER SERVICEMEMBERS' GROUP LIFE 
                   INSURANCE.

       (a) Treatment.--Section 1965 is amended--
       (1) in paragraph (10), by adding at the end the following 
     new subparagraph:
       ``(C) The member's stillborn natural child.''; and
       (2) by adding at the end the following new paragraph:
       ``(11)(A) Except as provided in subparagraph (B), the term 
     `stillborn natural child' means a natural child--
       ``(i) whose death occurs before expulsion, extraction, or 
     delivery; and
       ``(ii) whose--
       ``(I) fetal weight is greater than 500 grams;
       ``(II) in the event fetal weight is unknown, duration in 
     utero exceeds 22 completed weeks of gestation; or
       ``(III) in the event neither fetal weight nor duration in 
     utero is known, body length (crown-to-heel) is 25 centimeters 
     or more.

[[Page S3310]]

       ``(B) The term does not include any fetus or child 
     extracted for purposes of an abortion.''.
       (b) Conforming Amendment.--Section 101(4)(A) is amended by 
     striking ``section 1965(10)(B)'' in the matter preceding 
     clause (i) and inserting ``subparagraph (B) or (C) of section 
     1965(10)''.
                                 ______
                                 
  SA 4571. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill S. 1315, to amend title 38, United States 
Code, to enhance life insurance benefits for disabled veterans, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title VI, add the following:

     SEC. 604. PAYMENTS TO INDIVIDUALS WHO SERVED DURING WORLD WAR 
                   II IN THE UNITED STATES MERCHANT MARINE.

       (a) Establishment of Compensation Fund.--Subchapter II of 
     chapter 5 of title 38, United States Code, is amended by 
     adding at the end the following new section:

     ``Sec. 532. Merchant Mariner Equity Compensation Fund

       ``(a) Compensation Fund.--(1) There is in the general fund 
     of the Treasury a fund to be known as the `Merchant Mariner 
     Equity Compensation Fund' (in this section referred to as the 
     `compensation fund').
       ``(2) Subject to the availability of appropriations for 
     such purpose, amounts in the fund shall be available to the 
     Secretary without fiscal year limitation to make payments to 
     eligible individuals in accordance with this section.
       ``(b) Eligible Individuals.--(1) An eligible individual is 
     an individual who--
       ``(A) before October 1, 2009, submits to the Secretary an 
     application containing such information and assurances as the 
     Secretary may require;
       ``(B) has not received benefits under the Servicemen's 
     Readjustment Act of 1944 (Public Law 78-346); and
       ``(C) has engaged in qualified service.
       ``(2) For purposes of paragraph (1), a person has engaged 
     in qualified service if, between December 7, 1941, and 
     December 31, 1946, the person--
       ``(A) was a member of the United States merchant marine 
     (including the Army Transport Service and the Naval Transport 
     Service) serving as a crewmember of a vessel that was--
       ``(i) operated by the War Shipping Administration or the 
     Office of Defense Transportation (or an agent of the 
     Administration or Office);
       ``(ii) operated in waters other than inland waters, the 
     Great Lakes, and other lakes, bays, and harbors of the United 
     States;
       ``(iii) under contract or charter to, or property of, the 
     Government of the United States; and
       ``(iv) serving the Armed Forces; and
       ``(B) while so serving, was licensed or otherwise 
     documented for service as a crewmember of such a vessel by an 
     officer or employee of the United States authorized to 
     license or document the person for such service.
       ``(c) Amount of Payments.--The Secretary shall make a 
     monthly payment out of the compensation fund in the amount of 
     $1,000 to an eligible individual. The Secretary shall make 
     such payments to eligible individuals in the order in which 
     the Secretary receives the applications of the eligible 
     individuals.
       ``(d) Authorization of Appropriations.--(1) There are 
     authorized to be appropriated to the compensation fund 
     amounts as follows:
       ``(A) For fiscal year 2009, $120,000,000.
       ``(B) For fiscal year 2010, $108,000,000.
       ``(C) For fiscal year 2011, $97,000,000.
       ``(D) For fiscal year 2012, $85,000,000.
       ``(E) For fiscal year 2013, $75,000,000.
       ``(2) Funds appropriated to carry out this section shall 
     remain available until expended.
       ``(e) Reports.--The Secretary shall include, in documents 
     submitted to Congress by the Secretary in support of the 
     President's budget for each fiscal year, detailed information 
     on the operation of the compensation fund, including the 
     number of applicants, the number of eligible individuals 
     receiving benefits, the amounts paid out of the compensation 
     fund, the administration of the compensation fund, and an 
     estimate of the amounts necessary to fully fund the 
     compensation fund for that fiscal year and each of the three 
     subsequent fiscal years.
       ``(f) Regulations.--The Secretary shall prescribe 
     regulations to carry out this section.''.
       (b) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall prescribe the 
     regulations required under section 532(f) of title 38, United 
     States Code, as added by subsection (a).
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item related to section 531 the following new item:

``532. Merchant Mariner Equity Compensation Fund.''.
                                 ______
                                 
  SA 4572. Mr. BURR (for himself, Mr. Vitter, Mr. Isakson, and Mr. 
Craig) proposed an amendment to the bill S. 1315, to amend title 38, 
United States Code, to enhance life insurance benefits for disabled 
veterans, and for other purposes; as follows:

       Strike section 401 and insert the following:

     SEC. 401. EXPANSION OF ELIGIBILITY FOR BENEFITS PROVIDED BY 
                   DEPARTMENT OF VETERANS AFFAIRS FOR CERTAIN 
                   SERVICE IN THE ORGANIZED MILITARY FORCES OF THE 
                   COMMONWEALTH OF THE PHILIPPINES AND THE 
                   PHILIPPINE SCOUTS.

       (a) Modification of Status of Certain Service.--
       (1) In general.--Section 107 is amended to read as follows:

     ``Sec. 107. Certain service with Philippine forces deemed to 
       be active service

       ``(a) In General.--Service described in subsection (b) 
     shall be deemed to have been active military, naval, or air 
     service for purposes of any law of the United States 
     conferring rights, privileges, or benefits upon any 
     individual by reason of the service of such individual or the 
     service of any other individual in the Armed Forces.
       ``(b) Service Described.--Service described in this 
     subsection is service--
       ``(1) before July 1, 1946, in the organized military forces 
     of the Government of the Commonwealth of the Philippines, 
     while such forces were in the service of the Armed Forces of 
     the United States pursuant to the military order of the 
     President dated July 26, 1941, including among such military 
     forces organized guerrilla forces under commanders appointed, 
     designated, or subsequently recognized by the Commander in 
     Chief, Southwest Pacific Area, or other competent authority 
     in the Army of the United States; or
       ``(2) in the Philippine Scouts under section 14 of the 
     Armed Forces Voluntary Recruitment Act of 1945 (59 Stat. 
     538).
       ``(c) Dependency and Indemnity Compensation for Certain 
     Recipients Residing Outside the United States.--(1) 
     Dependency and indemnity compensation provided under chapter 
     13 of this title to an individual described in paragraph (2) 
     shall be made at a rate of $0.50 for each dollar authorized.
       ``(2) An individual described in this paragraph is an 
     individual who resides outside the United States and is 
     entitled to dependency and indemnity compensation under 
     chapter 13 of this title based on service described in 
     subsection (b).
       ``(d) Exception on Pension and Death Pension for 
     Individuals Residing Outside the United States.--An 
     individual who resides outside the United States shall not, 
     while so residing, be entitled to a pension under subchapter 
     II or III of chapter 15 of this title based on service 
     described in subsection (b).
       ``(e) United States Defined.--In this section, the term 
     `United States' means the States, the District of Columbia, 
     Puerto Rico, Guam, American Samoa, the Virgin Islands, the 
     Commonwealth of the Northern Mariana Islands, and any other 
     possession or territory of the United States.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1 is amended by striking the item 
     related to section 107 and inserting the following new item:

``107. Certain service with Philippine forces deemed to be active 
              service.''.

       (3) Effective date.--The amendments made by this subsection 
     shall apply with respect to the payment or provision of 
     benefits on or April 1, 2009. No benefits are payable or are 
     required to be provided by reason of such amendment for any 
     period before such date.
       (b) Pension and Death Pension Benefit Protection.--
     Notwithstanding any other provision of law, a veteran with 
     service described in section 107(b) of title 38, United 
     States Code (as added by subsection (a)), who is receiving 
     benefits under a Federal or federally assisted program as of 
     April 1, 2009, or a survivor of such veteran who is receiving 
     such benefits as that date, may not be required to apply for 
     or receive benefits under chapter 15 of such title if the 
     receipt of such benefits would--
       (1) make such veteran or survivor ineligible for any 
     Federal or federally assisted program for which such veteran 
     or survivor qualifies; or
       (2) reduce the amount of benefit such veteran or survivor 
     would receive from any Federal or federally assisted program 
     for which such veteran or survivor qualifies.
       (c) Increase in Specially Adapted Housing Benefits for 
     Disabled Veterans.--
       (1) In general.--Section 2102 is amended--
       (A) in subsection (b)(2), by striking ``$10,000'' and 
     inserting ``$11,000'';
       (B) in subsection (d)--
       (i) in paragraph (1), by striking ``$50,000'' and inserting 
     ``$55,000''; and
       (ii) in paragraph (2), by striking ``$10,000'' and 
     inserting ``$11,000''; and
       (C) by adding at the end the following new subsection:
       ``(e)(1) Effective on October 1 of each year (beginning in 
     2009), the Secretary shall increase the amounts described in 
     subsection (b)(2) and paragraphs (1) and (2) of subsection 
     (d) in accordance with this subsection.
       ``(2) The increase in amounts under paragraph (1) to take 
     effect on October 1 of a year shall be by an amount of such 
     amounts equal to the percentage by which--
       ``(A) the residential home cost-of-construction index for 
     the preceding calendar year, exceeds
       ``(B) the residential home cost-of-construction index for 
     the year preceding the year described in subparagraph (A).
       ``(3) The Secretary shall establish a residential home 
     cost-of-construction index for

[[Page S3311]]

     the purposes of this subsection. The index shall reflect a 
     uniform, national average change in the cost of residential 
     home construction, determined on a calendar year basis. The 
     Secretary may use an index developed in the private sector 
     that the Secretary determines is appropriate for purposes of 
     this subsection.''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on April 1, 2009, and shall apply with 
     respect to payments made in accordance with section 2102 of 
     title 38, United States Code, on or after that date.
       (d) Annual Adjustment of Amount of Burial and Funeral 
     Expenses for Deaths From Service-Connected Disability.--
     Section 2307 is amended--
       (1) by inserting ``(a)'' before ``In any case''; and
       (2) by adding at the end the following new subsection:
       ``(b) With respect to any fiscal year, the Secretary shall 
     provide a percentage increase (rounded to the nearest dollar) 
     in the amount authorized by subsection (a)(1) by the amount 
     equal to the percentage of such amount by which--
       ``(1) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(2) the Consumer Price Index for the 12-month period 
     preceding the 12-month period described in paragraph (1).''.
       (e) Increase in Assistance for Providing Automobiles or 
     Other Conveyances to Certain Disabled Veterans.--
       (1) In general.--Section 3902 is amended--
       (A) in subsection (a), by striking ``$11,000'' and 
     inserting ``$15,000''; and
       (B) by adding at the end the following new subsection:
       ``(e) Effective on October 1 of each year (beginning in 
     2009), the Secretary shall increase the amount described in 
     subsection (a) by a percentage of such amount equal to the 
     percentage by which--
       ``(1) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(2) the Consumer Price Index for the 12-month period 
     preceding the 12-month period described in paragraph (1).''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on April 1, 2009, and shall apply with 
     respect to payments made in accordance with section 3902 of 
     title 38, United States Code, on or after that date.
                                 ______
                                 
  SA 4573. Ms. SNOWE (for herself, Mr. Kennedy, and Mr. Enzi) submitted 
an amendment intended to be proposed by her to the bill H.R. 493, to 
prohibit discrimination on the basis of genetic information with 
respect to health insurance and employment; which was ordered to lie on 
the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Genetic 
     Information Nondiscrimination Act of 2008''.
       (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.

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 PROVISIONS

Sec. 301. Severability.
Sec. 302. Child labor protections.

     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) 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--
       (1) in paragraph (2)(A), by inserting before the semicolon 
     the following: ``except as provided in paragraph (3)''; and
       (2) by adding at the end the following:
       ``(3) No group-based discrimination on basis of genetic 
     information.--
       ``(A) In general.--For purposes of this section, a group 
     health plan, and a health insurance issuer offering group 
     health insurance coverage in connection with a group health 
     plan, may not adjust premium or contribution amounts for the 
     group covered under such plan on the basis of genetic 
     information.
       ``(B) Rule of construction.--Nothing in subparagraph (A) or 
     in paragraphs (1) and (2) of subsection (d) shall be 
     construed to limit the ability of a health insurance issuer 
     offering health insurance coverage in connection with a group 
     health plan to increase the premium for an employer based on 
     the manifestation of a disease or disorder of an individual 
     who is enrolled in the plan. In such case, the manifestation 
     of a disease or disorder in one individual cannot also be 
     used as genetic information about other group members and to 
     further increase the premium for the employer.''.
       (b) Limitations on Genetic Testing; Prohibition on 
     Collection of Genetic Information; Application to All 
     Plans.--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, and a health insurance issuer 
     offering health insurance coverage in connection with a

[[Page S3312]]

     group health plan, shall not request or require an individual 
     or a family member of such individual to undergo a genetic 
     test.
       ``(2) Rule of construction.--Paragraph (1) shall not be 
     construed to limit the authority of a health care 
     professional who is providing health care services to an 
     individual to request that such individual undergo a genetic 
     test.
       ``(3) Rule of construction regarding payment.--
       ``(A) In general.--Nothing in paragraph (1) shall be 
     construed to preclude a group health plan, or a health 
     insurance issuer offering health insurance coverage in 
     connection with a group health plan, from obtaining and using 
     the results of a genetic test in making a determination 
     regarding payment (as such term is defined for the purposes 
     of applying the regulations promulgated by the Secretary of 
     Health and Human Services under part C of title XI of the 
     Social Security Act and section 264 of the Health Insurance 
     Portability and Accountability Act of 1996, as may be revised 
     from time to time) consistent with subsection (a).
       ``(B) Limitation.--For purposes of subparagraph (A), a 
     group health plan, or a health insurance issuer offering 
     health insurance coverage in connection with a group health 
     plan, may request only the minimum amount of information 
     necessary to accomplish the intended purpose.
       ``(4) Research exception.--Notwithstanding paragraph (1), a 
     group health plan, or a health insurance issuer offering 
     health insurance coverage in connection with a group health 
     plan, may request, but not require, that a participant or 
     beneficiary undergo a genetic test if each of the following 
     conditions is met:
       ``(A) The request is made, in writing, pursuant to research 
     that complies with part 46 of title 45, Code of Federal 
     Regulations, or equivalent Federal regulations, and any 
     applicable State or local law or regulations for the 
     protection of human subjects in research.
       ``(B) The plan or issuer clearly indicates to each 
     participant or beneficiary, or in the case of a minor child, 
     to the legal guardian of such beneficiary, to whom the 
     request is made that--
       ``(i) compliance with the request is voluntary; and
       ``(ii) non-compliance will have no effect on enrollment 
     status or premium or contribution amounts.
       ``(C) No genetic information collected or acquired under 
     this paragraph shall be used for underwriting purposes.
       ``(D) The plan or issuer notifies the Secretary in writing 
     that the plan or issuer is conducting activities pursuant to 
     the exception provided for under this paragraph, including a 
     description of the activities conducted.
       ``(E) The plan or issuer complies with such other 
     conditions as the Secretary may by regulation require for 
     activities conducted under this paragraph.
       ``(d) Prohibition on Collection of Genetic Information.--
       ``(1) In general.--A group health plan, and a health 
     insurance issuer offering health insurance coverage in 
     connection with a group health plan, shall not request, 
     require, or purchase genetic information for underwriting 
     purposes (as defined in section 733).
       ``(2) Prohibition on collection of genetic information 
     prior to enrollment.--A group health plan, and a health 
     insurance issuer offering health insurance coverage in 
     connection with a group health plan, shall not request, 
     require, or purchase genetic information with respect to any 
     individual prior to such individual's enrollment under the 
     plan or coverage in connection with such enrollment.
       ``(3) Incidental collection.--If a group health plan, or a 
     health insurance issuer offering health insurance coverage in 
     connection with a group health plan, obtains genetic 
     information incidental to the requesting, requiring, or 
     purchasing of other information concerning any individual, 
     such request, requirement, or purchase shall not be 
     considered a violation of paragraph (2) if such request, 
     requirement, or purchase is not in violation of paragraph 
     (1).
       ``(e) Application to All Plans.--The provisions of 
     subsections (a)(1)(F), (b)(3), (c), and (d), and subsection 
     (b)(1) and section 701 with respect to genetic information, 
     shall apply to group health plans and health insurance 
     issuers without regard to section 732(a).''.
       (c) Application to Genetic Information of a Fetus or 
     Embryo.--Such section is further amended by adding at the end 
     the following:
       ``(f) Genetic Information of a Fetus or Embryo.--Any 
     reference in this part to genetic information concerning an 
     individual or family member of an individual shall--
       ``(1) with respect to such an individual or family member 
     of an individual who is a pregnant woman, include genetic 
     information of any fetus carried by such pregnant woman; and
       ``(2) with respect to an individual or family member 
     utilizing an assisted reproductive technology, include 
     genetic information of any embryo legally held by the 
     individual or family member.''.
       (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) a dependent (as such term is used for purposes of 
     section 701(f)(2)) of such individual, and
       ``(B) any other individual who is a first-degree, second-
     degree, third-degree, or fourth-degree relative of such 
     individual or of an individual described in subparagraph (A).
       ``(6) Genetic information.--
       ``(A) In general.--The term `genetic information' means, 
     with respect to any individual, information about--
       ``(i) such individual's genetic tests,
       ``(ii) the genetic tests of family members of such 
     individual, and
       ``(iii) the manifestation of a disease or disorder in 
     family members of such individual.
       ``(B) Inclusion of genetic services and participation in 
     genetic research.--Such term includes, with respect to any 
     individual, any request for, or receipt of, genetic services, 
     or participation in clinical research which includes genetic 
     services, by such individual or any family member of such 
     individual.
       ``(C) Exclusions.--The term `genetic information' shall not 
     include information about the sex or age of any 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 (including obtaining, 
     interpreting, or assessing genetic information); or
       ``(C) genetic education.
       ``(9) Underwriting purposes.--The term `underwriting 
     purposes' means, with respect to any group health plan, or 
     health insurance coverage offered in connection with a group 
     health plan--
       ``(A) rules for, or determination of, eligibility 
     (including enrollment and continued eligibility) for benefits 
     under the plan or coverage;
       ``(B) the computation of premium or contribution amounts 
     under the plan or coverage;
       ``(C) the application of any pre-existing condition 
     exclusion under the plan or coverage; and
       ``(D) other activities related to the creation, renewal, or 
     replacement of a contract of health insurance or health 
     benefits.''.
       (e) ERISA Enforcement.--Section 502 of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1132) is 
     amended--
       (1) in subsection (a)(6), by striking ``(7), or (8)'' and 
     inserting ``(7), (8), or (9)'';
       (2) in subsection (b)(3), by striking ``The Secretary'' and 
     inserting ``Except as provided in subsections (c)(9) and 
     (a)(6) (with respect to collecting civil penalties under 
     subsection (c)(9)), the Secretary''; and
       (3) in subsection (c), by redesignating paragraph (9) as 
     paragraph (10), and by inserting after paragraph (8) the 
     following new paragraph:
       ``(9) Secretarial enforcement authority relating to use of 
     genetic information.--
       ``(A) General rule.--The Secretary may impose a penalty 
     against any plan sponsor of a group health plan, or any 
     health insurance issuer offering health insurance coverage in 
     connection with the plan, for any failure by such sponsor or 
     issuer to meet the requirements of subsection (a)(1)(F), 
     (b)(3), (c), or (d) of section 702 or section 701 or 
     702(b)(1) with respect to genetic information, in connection 
     with the plan.
       ``(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 participant or 
     beneficiary 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 the 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 a participant or beneficiary--

       ``(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 participant or 
     beneficiary 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

[[Page S3313]]

     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 plan sponsor (or predecessor plan sponsor) 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.
       ``(F) Definitions.--Terms used in this paragraph which are 
     defined in section 733 shall have the meanings provided such 
     terms in such section.''.
       (f) Regulations and Effective Date.--
       (1) Regulations.--The Secretary of Labor shall issue final 
     regulations not later than 12 months after the date of 
     enactment of this Act to carry out the amendments made by 
     this section.
       (2) Effective date.--The amendments made by this section 
     shall apply with respect to group health plans for plan years 
     beginning after the date that is 1 year after the date of 
     enactment of this Act.

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

       (a) Amendments Relating to the Group Market.--
       (1) No discrimination in group premiums based on genetic 
     information.--Section 2702(b) of the Public Health Service 
     Act (42 U.S.C. 300gg-1(b)) is amended--
       (A) in paragraph (2)(A), by inserting before the semicolon 
     the following: ``except as provided in paragraph (3)''; and
       (B) by adding at the end the following:
       ``(3) No group-based discrimination on basis of genetic 
     information.--
       ``(A) In general.--For purposes of this section, a group 
     health plan, and health insurance issuer offering group 
     health insurance coverage in connection with a group health 
     plan, may not adjust premium or contribution amounts for the 
     group covered under such plan on the basis of genetic 
     information.
       ``(B) Rule of construction.--Nothing in subparagraph (A) or 
     in paragraphs (1) and (2) of subsection (d) shall be 
     construed to limit the ability of a health insurance issuer 
     offering health insurance coverage in connection with a group 
     health plan to increase the premium for an employer based on 
     the manifestation of a disease or disorder of an individual 
     who is enrolled in the plan. In such case, the manifestation 
     of a disease or disorder in one individual cannot also be 
     used as genetic information about other group members and to 
     further increase the premium for the employer.''.
       (2) Limitations on genetic testing; prohibition on 
     collection of genetic information; application to all 
     plans.--Section 2702 of the Public Health Service Act (42 
     U.S.C. 300gg-1) is amended by adding at the end the 
     following:
       ``(c) Genetic Testing.--
       ``(1) Limitation on requesting or requiring genetic 
     testing.--A group health plan, and a health insurance issuer 
     offering health insurance coverage in connection with a group 
     health plan, shall not request or require an individual or a 
     family member of such individual to undergo a genetic test.
       ``(2) Rule of construction.--Paragraph (1) shall not be 
     construed to limit the authority of a health care 
     professional who is providing health care services to an 
     individual to request that such individual undergo a genetic 
     test.
       ``(3) Rule of construction regarding payment.--
       ``(A) In general.--Nothing in paragraph (1) shall be 
     construed to preclude a group health plan, or a health 
     insurance issuer offering health insurance coverage in 
     connection with a group health plan, from obtaining and using 
     the results of a genetic test in making a determination 
     regarding payment (as such term is defined for the purposes 
     of applying the regulations promulgated by the Secretary 
     under part C of title XI of the Social Security Act and 
     section 264 of the Health Insurance Portability and 
     Accountability Act of 1996, as may be revised from time to 
     time) consistent with subsection (a).
       ``(B) Limitation.--For purposes of subparagraph (A), a 
     group health plan, or a health insurance issuer offering 
     health insurance coverage in connection with a group health 
     plan, may request only the minimum amount of information 
     necessary to accomplish the intended purpose.
       ``(4) Research exception.--Notwithstanding paragraph (1), a 
     group health plan, or a health insurance issuer offering 
     health insurance coverage in connection with a group health 
     plan, may request, but not require, that a participant or 
     beneficiary undergo a genetic test if each of the following 
     conditions is met:
       ``(A) The request is made pursuant to research that 
     complies with part 46 of title 45, Code of Federal 
     Regulations, or equivalent Federal regulations, and any 
     applicable State or local law or regulations for the 
     protection of human subjects in research.
       ``(B) The plan or issuer clearly indicates to each 
     participant or beneficiary, or in the case of a minor child, 
     to the legal guardian of such beneficiary, to whom the 
     request is made that--
       ``(i) compliance with the request is voluntary; and
       ``(ii) non-compliance will have no effect on enrollment 
     status or premium or contribution amounts.
       ``(C) No genetic information collected or acquired under 
     this paragraph shall be used for underwriting purposes.
       ``(D) The plan or issuer notifies the Secretary in writing 
     that the plan or issuer is conducting activities pursuant to 
     the exception provided for under this paragraph, including a 
     description of the activities conducted.
       ``(E) The plan or issuer complies with such other 
     conditions as the Secretary may by regulation require for 
     activities conducted under this paragraph.
       ``(d) Prohibition on Collection of Genetic Information.--
       ``(1) In general.--A group health plan, and a health 
     insurance issuer offering health insurance coverage in 
     connection with a group health plan, shall not request, 
     require, or purchase genetic information for underwriting 
     purposes (as defined in section 2791).
       ``(2) Prohibition on collection of genetic information 
     prior to enrollment.--A group health plan, and a health 
     insurance issuer offering health insurance coverage in 
     connection with a group health plan, shall not request, 
     require, or purchase genetic information with respect to any 
     individual prior to such individual's enrollment under the 
     plan or coverage in connection with such enrollment.
       ``(3) Incidental collection.--If a group health plan, or a 
     health insurance issuer offering health insurance coverage in 
     connection with a group health plan, obtains genetic 
     information incidental to the requesting, requiring, or 
     purchasing of other information concerning any individual, 
     such request, requirement, or purchase shall not be 
     considered a violation of paragraph (2) if such request, 
     requirement, or purchase is not in violation of paragraph 
     (1).
       ``(e) Application to All Plans.--The provisions of 
     subsections (a)(1)(F), (b)(3), (c) , and (d) and subsection 
     (b)(1) and section 2701 with respect to genetic information, 
     shall apply to group health plans and health insurance 
     issuers without regard to section 2721(a).''.
       (3) Application to genetic information of a fetus or 
     embryo.--Such section is further amended by adding at the end 
     the following:
       ``(f) Genetic Information of a Fetus or Embryo.--Any 
     reference in this part to genetic information concerning an 
     individual or family member of an individual shall--
       ``(1) with respect to such an individual or family member 
     of an individual who is a pregnant woman, include genetic 
     information of any fetus carried by such pregnant woman; and
       ``(2) with respect to an individual or family member 
     utilizing an assisted reproductive technology, include 
     genetic information of any embryo legally held by the 
     individual or family member.''.
       (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 any individual--
       ``(A) a dependent (as such term is used for purposes of 
     section 2701(f)(2)) of such individual; and
       ``(B) any other individual who is a first-degree, second-
     degree, third-degree, or fourth-degree relative of such 
     individual or of an individual described in subparagraph (A).
       ``(16) Genetic information.--
       ``(A) In general.--The term `genetic information' means, 
     with respect to any individual, information about--
       ``(i) such individual's genetic tests,
       ``(ii) the genetic tests of family members of such 
     individual, and
       ``(iii) the manifestation of a disease or disorder in 
     family members of such individual.
       ``(B) Inclusion of genetic services and participation in 
     genetic research.--Such term includes, with respect to any 
     individual, any request for, or receipt of, genetic services, 
     or participation in clinical research which includes genetic 
     services, by such individual or any family member of such 
     individual.
       ``(C) Exclusions.--The term `genetic information' shall not 
     include information about the sex or age of any individual.
       ``(17) Genetic test.--
       ``(A) In general.--The term `genetic test' means an 
     analysis of human DNA, RNA,

[[Page S3314]]

     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 (including obtaining, 
     interpreting, or assessing genetic information); or
       ``(C) genetic education.
       ``(19) Underwriting purposes.--The term `underwriting 
     purposes' means, with respect to any group health plan, or 
     health insurance coverage offered in connection with a group 
     health plan--
       ``(A) rules for, or determination of, eligibility 
     (including enrollment and continued eligibility) for benefits 
     under the plan or coverage;
       ``(B) the computation of premium or contribution amounts 
     under the plan or coverage;
       ``(C) the application of any pre-existing condition 
     exclusion under the plan or coverage; and
       ``(D) other activities related to the creation, renewal, or 
     replacement of a contract of health insurance or health 
     benefits.''.
       (5) Remedies and enforcement.--Section 2722(b) of the 
     Public Health Service Act (42 U.S.C. 300gg-22(b)) is amended 
     by adding at the end the following:
       ``(3) Enforcement authority relating to genetic 
     discrimination.--
       ``(A) General rule.--In the cases described in paragraph 
     (1), notwithstanding the provisions of paragraph (2)(C), the 
     succeeding subparagraphs of this paragraph shall apply with 
     respect to an action under this subsection by the Secretary 
     with respect to any failure of a health insurance issuer in 
     connection with a group health plan, to meet the requirements 
     of subsection (a)(1)(F), (b)(3), (c), or (d) of section 2702 
     or section 2701 or 2702(b)(1) with respect to genetic 
     information in connection with the plan.
       ``(B) Amount.--
       ``(i) In general.--The amount of the penalty imposed under 
     this paragraph shall be $100 for each day in the 
     noncompliance period with respect to each participant or 
     beneficiary 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 the 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.''.
       (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.--
       ``(1) In general.--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.
       ``(2) Rule of construction.--Nothing in paragraph (1) or in 
     paragraphs (1) and (2) of subsection (e) shall be construed 
     to preclude a health insurance issuer from establishing rules 
     for eligibility for an individual to enroll in individual 
     health insurance coverage based on the manifestation of a 
     disease or disorder in that individual, or in a family member 
     of such individual where such family member is covered under 
     the policy that covers such individual.
       ``(b) Prohibition on Genetic Information in Setting Premium 
     Rates.--
       ``(1) In general.--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.
       ``(2) Rule of construction.--Nothing in paragraph (1) or in 
     paragraphs (1) and (2) of subsection (e) shall be construed 
     to preclude a health insurance issuer from adjusting premium 
     or contribution amounts for an individual on the basis of a 
     manifestation of a disease or disorder in that individual, or 
     in a family member of such individual where such family 
     member is covered under the policy that covers such 
     individual. In such case, the manifestation of a disease or 
     disorder in one individual cannot also be used as genetic 
     information about other individuals covered under the policy 
     issued to such individual and to further increase premiums or 
     contribution amounts.
       ``(c) Prohibition on Genetic Information as Preexisting 
     Condition.--
       ``(1) In general.--A health insurance issuer offering 
     health insurance coverage in the individual market may not, 
     on the basis of genetic information, impose any preexisting 
     condition exclusion (as defined in section 2701(b)(1)(A)) 
     with respect to such coverage.
       ``(2) Rule of construction.--Nothing in paragraph (1) or in 
     paragraphs (1) and (2) of subsection (e) shall be construed 
     to preclude a health insurance issuer from imposing any 
     preexisting condition exclusion for an individual with 
     respect to health insurance coverage on the basis of a 
     manifestation of a disease or disorder in that individual.
       ``(d) 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.--Paragraph (1) shall not be 
     construed to limit the authority of a health care 
     professional who is providing health care services to an 
     individual to request that such individual undergo a genetic 
     test.
       ``(3) Rule of construction regarding payment.--
       ``(A) In general.--Nothing in paragraph (1) shall be 
     construed to preclude a health insurance issuer offering 
     health insurance coverage in the individual market from 
     obtaining and using the results of a genetic test in making a 
     determination regarding payment (as such term is defined for 
     the purposes of applying the regulations promulgated by the 
     Secretary under part C of title XI of the Social Security Act 
     and section 264 of the Health Insurance Portability and 
     Accountability Act of 1996, as may be revised from time to 
     time) consistent with subsection (a) and (c).
       ``(B) Limitation.--For purposes of subparagraph (A), a 
     health insurance issuer offering health insurance coverage in 
     the individual market may request only the minimum amount of 
     information necessary to accomplish the intended purpose.
       ``(4) Research exception.--Notwithstanding paragraph (1), a 
     health insurance issuer offering health insurance coverage in 
     the individual market may request, but not require, that an 
     individual or a family member of such individual undergo a 
     genetic test if each of the following conditions is met:
       ``(A) The request is made pursuant to research that 
     complies with part 46 of title 45, Code of Federal 
     Regulations, or equivalent Federal regulations, and any 
     applicable State or local law or regulations for the 
     protection of human subjects in research.
       ``(B) The issuer clearly indicates to each individual, or 
     in the case of a minor child, to the legal guardian of such 
     child, to whom the request is made that--
       ``(i) compliance with the request is voluntary; and

[[Page S3315]]

       ``(ii) non-compliance will have no effect on enrollment 
     status or premium or contribution amounts.
       ``(C) No genetic information collected or acquired under 
     this paragraph shall be used for underwriting purposes.
       ``(D) The issuer notifies the Secretary in writing that the 
     issuer is conducting activities pursuant to the exception 
     provided for under this paragraph, including a description of 
     the activities conducted.
       ``(E) The issuer complies with such other conditions as the 
     Secretary may by regulation require for activities conducted 
     under this paragraph.
       ``(e) Prohibition on Collection of Genetic Information.--
       ``(1) In general.--A health insurance issuer offering 
     health insurance coverage in the individual market shall not 
     request, require, or purchase genetic information for 
     underwriting purposes (as defined in section 2791).
       ``(2) Prohibition on collection of genetic information 
     prior to enrollment.--A health insurance issuer offering 
     health insurance coverage in the individual market shall not 
     request, require, or purchase genetic information with 
     respect to any individual prior to such individual's 
     enrollment under the plan in connection with such enrollment.
       ``(3) Incidental collection.--If a health insurance issuer 
     offering health insurance coverage in the individual market 
     obtains genetic information incidental to the requesting, 
     requiring, or purchasing of other information concerning any 
     individual, such request, requirement, or purchase shall not 
     be considered a violation of paragraph (2) if such request, 
     requirement, or purchase is not in violation of paragraph 
     (1).
       ``(f) Genetic Information of a Fetus or Embryo.--Any 
     reference in this part to genetic information concerning an 
     individual or family member of an individual shall--
       ``(1) with respect to such an individual or family member 
     of an individual who is a pregnant woman, include genetic 
     information of any fetus carried by such pregnant woman; and
       ``(2) with respect to an individual or family member 
     utilizing an assisted reproductive technology, include 
     genetic information of any embryo legally held by the 
     individual or family member.''.
       (2) Remedies and enforcement.--Section 2761(b) of the 
     Public Health Service Act (42 U.S.C. 300gg-61(b)) is amended 
     to read as follows:
       ``(b) Secretarial Enforcement Authority.--The Secretary 
     shall have the same authority in relation to enforcement of 
     the provisions of this part with respect to issuers of health 
     insurance coverage in the individual market in a State as the 
     Secretary has under section 2722(b)(2), and section 
     2722(b)(3) with respect to 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), (b)(3), (c), and (d) of section 2702 
     and the provisions of sections 2701 and 2702(b) to the extent 
     that such provisions apply to genetic information.''.
       (d) Regulations and Effective Date.--
       (1) Regulations.--Not later than 12 months after the date 
     of enactment of this Act, the Secretary of Health and Human 
     Services shall issue final regulations 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 1 year 
     after the date of enactment of this Act; 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 1 year after the 
     date of enactment of this Act.

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

       (a) No Discrimination in Group Premiums Based on Genetic 
     Information.--Subsection (b) of section 9802 of the Internal 
     Revenue Code of 1986 is amended--
       (1) in paragraph (2)(A), by inserting before the semicolon 
     the following: ``except as provided in paragraph (3)''; and
       (2) by adding at the end the following:
       ``(3) No group-based discrimination on basis of genetic 
     information.--
       ``(A) In general.--For purposes of this section, a group 
     health plan may not adjust premium or contribution amounts 
     for the group covered under such plan on the basis of genetic 
     information.
       ``(B) Rule of construction.--Nothing in subparagraph (A) or 
     in paragraphs (1) and (2) of subsection (d) shall be 
     construed to limit the ability of a group health plan to 
     increase the premium for an employer based on the 
     manifestation of a disease or disorder of an individual who 
     is enrolled in the plan. In such case, the manifestation of a 
     disease or disorder in one individual cannot also be used as 
     genetic information about other group members and to further 
     increase the premium for the employer.''.
       (b) Limitations on Genetic Testing; Prohibition on 
     Collection of Genetic Information; Application to All 
     Plans.--Section 9802 of such Code is amended by redesignating 
     subsection (c) as subsection (f) and by inserting after 
     subsection (b) the following new subsections:
       ``(c) Genetic Testing.--
       ``(1) Limitation on requesting or requiring genetic 
     testing.--A group health plan may not request or require an 
     individual or a family member of such individual to undergo a 
     genetic test.
       ``(2) Rule of construction.--Paragraph (1) shall not be 
     construed to limit the authority of a health care 
     professional who is providing health care services to an 
     individual to request that such individual undergo a genetic 
     test.
       ``(3) Rule of construction regarding payment.--
       ``(A) In general.--Nothing in paragraph (1) shall be 
     construed to preclude a group health plan from obtaining and 
     using the results of a genetic test in making a determination 
     regarding payment (as such term is defined for the purposes 
     of applying the regulations promulgated by the Secretary of 
     Health and Human Services under part C of title XI of the 
     Social Security Act and section 264 of the Health Insurance 
     Portability and Accountability Act of 1996, as may be revised 
     from time to time) consistent with subsection (a).
       ``(B) Limitation.--For purposes of subparagraph (A), a 
     group health plan may request only the minimum amount of 
     information necessary to accomplish the intended purpose.
       ``(4) Research exception.--Notwithstanding paragraph (1), a 
     group health plan may request, but not require, that a 
     participant or beneficiary undergo a genetic test if each of 
     the following conditions is met:
       ``(A) The request is made pursuant to research that 
     complies with part 46 of title 45, Code of Federal 
     Regulations, or equivalent Federal regulations, and any 
     applicable State or local law or regulations for the 
     protection of human subjects in research.
       ``(B) The plan clearly indicates to each participant or 
     beneficiary, or in the case of a minor child, to the legal 
     guardian of such beneficiary, to whom the request is made 
     that--
       ``(i) compliance with the request is voluntary; and
       ``(ii) non-compliance will have no effect on enrollment 
     status or premium or contribution amounts.
       ``(C) No genetic information collected or acquired under 
     this paragraph shall be used for underwriting purposes.
       ``(D) The plan notifies the Secretary in writing that the 
     plan is conducting activities pursuant to the exception 
     provided for under this paragraph, including a description of 
     the activities conducted.
       ``(E) The plan complies with such other conditions as the 
     Secretary may by regulation require for activities conducted 
     under this paragraph.
       ``(d) Prohibition on Collection of Genetic Information.--
       ``(1) In general.--A group health plan shall not request, 
     require, or purchase genetic information for underwriting 
     purposes (as defined in section 9832).
       ``(2) Prohibition on collection of genetic information 
     prior to enrollment.--A group health plan shall not request, 
     require, or purchase genetic information with respect to any 
     individual prior to such individual's enrollment under the 
     plan or in connection with such enrollment.
       ``(3) Incidental collection.--If a group health plan 
     obtains genetic information incidental to the requesting, 
     requiring, or purchasing of other information concerning any 
     individual, such request, requirement, or purchase shall not 
     be considered a violation of paragraph (2) if such request, 
     requirement, or purchase is not in violation of paragraph 
     (1).
       ``(e) Application to All Plans.--The provisions of 
     subsections (a)(1)(F), (b)(3), (c), and (d) and subsection 
     (b)(1) and section 9801 with respect to genetic information, 
     shall apply to group health plans without regard to section 
     9831(a)(2).''.
       (c) Application to Genetic Information of a Fetus or 
     Embryo.--Such section is further amended by adding at the end 
     the following:
       ``(f) Genetic Information of a Fetus or Embryo.--Any 
     reference in this chapter to genetic information concerning 
     an individual or family member of an individual shall--
       ``(1) with respect to such an individual or family member 
     of an individual who is a pregnant woman, include genetic 
     information of any fetus carried by such pregnant woman; and
       ``(2) with respect to an individual or family member 
     utilizing an assisted reproductive technology, include 
     genetic information of any embryo legally held by the 
     individual or family member.''.
       (d) Definitions.--Subsection (d) of section 9832 of such 
     Code is amended by adding at the end the following:

[[Page S3316]]

       ``(6) Family member.--The term `family member' means, with 
     respect to any individual--
       ``(A) a dependent (as such term is used for purposes of 
     section 9801(f)(2)) of such individual, and
       ``(B) any other individual who is a first-degree, second-
     degree, third-degree, or fourth-degree relative of such 
     individual or of an individual described in subparagraph (A).
       ``(7) Genetic information.--
       ``(A) In general.--The term `genetic information' means, 
     with respect to any individual, information about--
       ``(i) such individual's genetic tests,
       ``(ii) the genetic tests of family members of such 
     individual, and
       ``(iii) the manifestation of a disease or disorder in 
     family members of such individual.
       ``(B) Inclusion of genetic services and participation in 
     genetic research.--Such term includes, with respect to any 
     individual, any request for, or receipt of, genetic services, 
     or participation in clinical research which includes genetic 
     services, by such individual or any family member of such 
     individual.
       ``(C) Exclusions.--The term `genetic information' shall not 
     include information about the sex or age of any individual.
       ``(8) 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.
       ``(9) Genetic services.--The term `genetic services' 
     means--
       ``(A) a genetic test;
       ``(B) genetic counseling (including obtaining, 
     interpreting, or assessing genetic information); or
       ``(C) genetic education.
       ``(10) Underwriting purposes.--The term `underwriting 
     purposes' means, with respect to any group health plan ,or 
     health insurance coverage offered in connection with a group 
     health plan--
       ``(A) rules for, or determination of, eligibility 
     (including enrollment and continued eligibility) for benefits 
     under the plan or coverage;
       ``(B) the computation of premium or contribution amounts 
     under the plan or coverage;
       ``(C) the application of any pre-existing condition 
     exclusion under the plan or coverage; and
       ``(D) other activities related to the creation, renewal, or 
     replacement of a contract of health insurance or health 
     benefits.''.
       (e) Enforcement.--
       (1) In general.--Subchapter C of chapter 100 of the 
     Internal Revenue Code of 1986 (relating to general 
     provisions) is amended by adding at the end the following new 
     section:

     ``SEC. 9834. ENFORCEMENT.

       ``For the imposition of tax on any failure of a group 
     health plan to meet the requirements of this chapter, see 
     section 4980D.''.
       (2) Conforming amendment.--The table of sections for 
     subchapter C of chapter 100 of such Code is amended by adding 
     at the end the following new item:

``Sec. 9834. Enforcement.''.

       (f) Regulations and Effective Date.--
       (1) Regulations.--The Secretary of the Treasury shall issue 
     final regulations or other guidance not later than 12 months 
     after the date of the enactment of this Act to carry out the 
     amendments made by this section.
       (2) Effective date.--The amendments made by this section 
     shall apply with respect to group health plans for plan years 
     beginning after the date that is 1 year after the date of the 
     enactment of this Act.

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

       (a) Nondiscrimination.--Section 1882(s)(2) of the Social 
     Security Act (42 U.S.C. 1395ss(s)(2)) is amended by adding at 
     the end the following:
       ``(E) An issuer of a medicare supplemental policy shall not 
     deny or condition the issuance or effectiveness of the policy 
     (including the imposition of any exclusion of benefits under 
     the policy based on a pre-existing condition) and shall not 
     discriminate in the pricing of the policy (including the 
     adjustment of premium rates) of an individual on the basis of 
     the genetic information with respect to such individual.
       ``(F) Rule of construction.--Nothing in subparagraph (E) or 
     in subparagraphs (A) or (B) of subsection (x)(2) shall be 
     construed to limit the ability of an issuer of a medicare 
     supplemental policy from, to the extent otherwise permitted 
     under this title--
       ``(i) denying or conditioning the issuance or effectiveness 
     of the policy or increasing the premium for an employer based 
     on the manifestation of a disease or disorder of an 
     individual who is covered under the policy; or
       ``(ii) increasing the premium for any policy issued to an 
     individual based on the manifestation of a disease or 
     disorder of an individual who is covered under the policy (in 
     such case, the manifestation of a disease or disorder in one 
     individual cannot also be used as genetic information about 
     other group members and to further increase the premium for 
     the employer).''.
       (b) Limitations on Genetic Testing and Genetic 
     Information.--
       (1) In general.--Section 1882 of the Social Security Act 
     (42 U.S.C. 1395ss) is amended by adding at the end the 
     following:
       ``(x) Limitations on Genetic Testing and Information.--
       ``(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.--Subparagraph (A) shall not be 
     construed to limit the authority of a health care 
     professional who is providing health care services to an 
     individual to request that such individual undergo a genetic 
     test.
       ``(C) Rule of construction regarding payment.--
       ``(i) In general.--Nothing in subparagraph (A) shall be 
     construed to preclude an issuer of a medicare supplemental 
     policy from obtaining and using the results of a genetic test 
     in making a determination regarding payment (as such term is 
     defined for the purposes of applying the regulations 
     promulgated by the Secretary under part C of title XI and 
     section 264 of the Health Insurance Portability and 
     Accountability Act of 1996, as may be revised from time to 
     time) consistent with subsection (s)(2)(E).
       ``(ii) Limitation.--For purposes of clause (i), an issuer 
     of a medicare supplemental policy may request only the 
     minimum amount of information necessary to accomplish the 
     intended purpose.
       ``(D) Research exception.--Notwithstanding subparagraph 
     (A), an issuer of a medicare supplemental policy may request, 
     but not require, that an individual or a family member of 
     such individual undergo a genetic test if each of the 
     following conditions is met:
       ``(i) The request is made pursuant to research that 
     complies with part 46 of title 45, Code of Federal 
     Regulations, or equivalent Federal regulations, and any 
     applicable State or local law or regulations for the 
     protection of human subjects in research.
       ``(ii) The issuer clearly indicates to each individual, or 
     in the case of a minor child, to the legal guardian of such 
     child, to whom the request is made that--

       ``(I) compliance with the request is voluntary; and
       ``(II) non-compliance will have no effect on enrollment 
     status or premium or contribution amounts.

       ``(iii) No genetic information collected or acquired under 
     this subparagraph shall be used for underwriting, 
     determination of eligibility to enroll or maintain enrollment 
     status, premium rating, or the creation, renewal, or 
     replacement of a plan, contract, or coverage for health 
     insurance or health benefits.
       ``(iv) The issuer notifies the Secretary in writing that 
     the issuer is conducting activities pursuant to the exception 
     provided for under this subparagraph, including a description 
     of the activities conducted.
       ``(v) The issuer complies with such other conditions as the 
     Secretary may by regulation require for activities conducted 
     under this subparagraph.
       ``(2) Prohibition on collection of genetic information.--
       ``(A) In general.--An issuer of a medicare supplemental 
     policy shall not request, require, or purchase genetic 
     information for underwriting purposes (as defined in 
     paragraph (3)).
       ``(B) Prohibition on collection of genetic information 
     prior to enrollment.--An issuer of a medicare supplemental 
     policy shall not request, require, or purchase genetic 
     information with respect to any individual prior to such 
     individual's enrollment under the policy in connection with 
     such enrollment.
       ``(C) Incidental collection.--If an issuer of a medicare 
     supplemental policy obtains genetic information incidental to 
     the requesting, requiring, or purchasing of other information 
     concerning any individual, such request, requirement, or 
     purchase shall not be considered a violation of subparagraph 
     (B) if such request, requirement, or purchase is not in 
     violation of subparagraph (A).
       ``(3) Definitions.--In this subsection:
       ``(A) Family member.--The term `family member' means with 
     respect to an individual, any other individual who is a 
     first-degree, second-degree, third-degree, or fourth-degree 
     relative of such individual.
       ``(B) Genetic information.--
       ``(i) In general.--The term `genetic information' means, 
     with respect to any individual, information about--

       ``(I) such individual's genetic tests,
       ``(II) the genetic tests of family members of such 
     individual, and
       ``(III) subject to clause (iv), the manifestation of a 
     disease or disorder in family members of such individual.

       ``(ii) Inclusion of genetic services and participation in 
     genetic research.--Such term includes, with respect to any 
     individual, any request for, or receipt of, genetic services, 
     or participation in clinical research which includes genetic 
     services, by such individual or any family member of such 
     individual.

[[Page S3317]]

       ``(iii) Exclusions.--The term `genetic information' shall 
     not include information about the sex or age of any 
     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 (including obtaining, 
     interpreting, or assessing genetic information); or
       ``(iii) genetic education.
       ``(E) Underwriting purposes.--The term `underwriting 
     purposes' means, with respect to a medicare supplemental 
     policy--
       ``(i) rules for, or determination of, eligibility 
     (including enrollment and continued eligibility) for benefits 
     under the policy;
       ``(ii) the computation of premium or contribution amounts 
     under the policy;
       ``(iii) the application of any pre-existing condition 
     exclusion under the policy; and
       ``(iv) other activities related to the creation, renewal, 
     or replacement of a contract of health insurance or health 
     benefits.
       ``(F) 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) Application to genetic information of a fetus or 
     embryo.--Section 1882(x) of such Act, as added by paragraph 
     (1), is further amended by adding at the end the following:
       ``(4) Genetic information of a fetus or embryo.--Any 
     reference in this section to genetic information concerning 
     an individual or family member of an individual shall--
       ``(A) with respect to such an individual or family member 
     of an individual who is a pregnant woman, include genetic 
     information of any fetus carried by such pregnant woman; and
       ``(B) with respect to an individual or family member 
     utilizing an assisted reproductive technology, include 
     genetic information of any embryo legally held by the 
     individual or family member.''.
       (3) Conforming amendment.--Section 1882(o) of the Social 
     Security Act (42 U.S.C. 1395ss(o)) is amended by adding at 
     the end the following:
       ``(4) The issuer of the medicare supplemental policy 
     complies with subsection (s)(2)(E) and subsection (x).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to an issuer of a medicare 
     supplemental policy for policy years beginning on or after 
     the date that is 1 year after the date of enactment of this 
     Act.
       (d) Transition Provisions.--
       (1) In general.--If the Secretary of Health and Human 
     Services identifies a State as requiring a change to its 
     statutes or regulations to conform its regulatory program to 
     the changes made by this 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, 2008, 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, 2008, make 
     the modifications described in such paragraph and such 
     revised regulation incorporating the modifications shall be 
     considered to be the appropriate regulation for the purposes 
     of such section.
       (4) Date specified.--
       (A) In general.--Subject to 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, 2008.
       (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 
     2008 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, 2008. 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) In General.--Part C of title XI of the Social Security 
     Act is amended by adding at the end the following new 
     section:


       ``application of hipaa regulations to genetic information

       ``Sec. 1180.  (a) In General.--The Secretary shall revise 
     the HIPAA privacy regulation (as defined in subsection (b)) 
     so it is consistent with the following:
       ``(1) Genetic information shall be treated as health 
     information described in section 1171(4)(B).
       ``(2) The use or disclosure by a covered entity that is a 
     group health plan, health insurance issuer that issues health 
     insurance coverage, or issuer of a medicare supplemental 
     policy of protected health information that is genetic 
     information about an individual for underwriting purposes 
     under the group health plan, health insurance coverage, or 
     medicare supplemental policy shall not be a permitted use or 
     disclosure.
       ``(b) Definitions.--For purposes of this section:
       ``(1) Genetic information; genetic test; family member.--
     The terms `genetic information', `genetic test', and `family 
     member' have the meanings given such terms in section 2791 of 
     the Public Health Service Act (42 U.S.C. 300gg-91), as 
     amended by the Genetic Information Nondiscrimination Act of 
     2007.
       ``(2) Group health plan; health insurance coverage; 
     medicare supplemental policy.--The terms `group health plan' 
     and `health insurance coverage' have the meanings given such 
     terms under section 2791 of the Public Health Service Act (42 
     U.S.C. 300gg-91), and the term `medicare supplemental policy' 
     has the meaning given such term in section 1882(g).
       ``(3) HIPAA privacy regulation.--The term `HIPAA privacy 
     regulation' means the regulations promulgated by the 
     Secretary under this part and section 264 of the Health 
     Insurance Portability and Accountability Act of 1996 (42 
     U.S.C. 1320d-2 note).
       ``(4) Underwriting purposes.--The term `underwriting 
     purposes' means, with respect to a group health plan, health 
     insurance coverage, or a medicare supplemental policy--
       ``(A) rules for, or determination of, eligibility 
     (including enrollment and continued eligibility) for, or 
     determination of, benefits under the plan, coverage, or 
     policy;
       ``(B) the computation of premium or contribution amounts 
     under the plan, coverage, or policy;
       ``(C) the application of any pre-existing condition 
     exclusion under the plan, coverage, or policy; and
       ``(D) other activities related to the creation, renewal, or 
     replacement of a contract of health insurance or health 
     benefits.
       ``(c) Procedure.--The revisions under subsection (a) shall 
     be made by notice in the Federal Register published not later 
     than 60 days after the date of the enactment of this section 
     and shall be effective upon publication, without opportunity 
     for any prior public comment, but may be revised, consistent 
     with this section, after opportunity for public comment.
       ``(d) Enforcement.--In addition to any other sanctions or 
     remedies that may be available under law, a covered entity 
     that is a group health plan, health insurance issuer, or 
     issuer of a medicare supplemental policy and that violates 
     the HIPAA privacy regulation (as revised under subsection (a) 
     or otherwise) with respect to the use or disclosure of 
     genetic information shall be subject to the penalties 
     described in sections 1176 and 1177 in the same manner and to 
     the same extent that such penalties apply to violations of 
     this part.''.
       (b) Regulations; Effective Date.--
       (1) Regulations.--Not later than 12 months after the date 
     of the enactment of this Act, the Secretary of Health and 
     Human Services shall issue final regulations to carry out the 
     revision required by section 1180(a) of the Social Security 
     Act, as added by subsection (a). The Secretary has the sole 
     authority to promulgate such regulations, but shall 
     promulgate such regulations in consultation with the 
     Secretaries of Labor and the Treasury.
       (2) Effective date.--The amendment made by subsection (a) 
     shall take effect on the date that is 1 year after the date 
     of the enactment of this Act.

     SEC. 106. ASSURING COORDINATION.

       Except as provided in section 105(b)(1), the Secretary of 
     Health and Human Services, the Secretary of Labor, and the 
     Secretary of the Treasury shall ensure, through the execution 
     of an interagency memorandum of understanding among such 
     Secretaries, that--
       (1) regulations, rulings, and interpretations issued by 
     such Secretaries relating to the same 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.

[[Page S3318]]

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) a dependent (as such term is used for purposes of 
     section 701(f)(2) of the Employee Retirement Income Security 
     Act of 1974) of such individual, and
       (B) any other individual who is a first-degree, second-
     degree, third-degree, or fourth-degree relative of such 
     individual or of an individual described in subparagraph (A).
       (4) Genetic information.--
       (A) In general.--The term ``genetic information'' means, 
     with respect to any individual, information about--
       (i) such individual's genetic tests,
       (ii) the genetic tests of family members of such 
     individual, and
       (iii) the manifestation of a disease or disorder in family 
     members of such individual.
       (B) Inclusion of genetic services and participation in 
     genetic research.--Such term includes, with respect to any 
     individual, any request for, or receipt of, genetic services, 
     or participation in clinical research which includes genetic 
     services, by such individual or any family member of such 
     individual.
       (C) Exclusions.--The term ``genetic information'' shall not 
     include information about the sex or age of any 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 (including obtaining, interpreting, 
     or assessing genetic information); or
       (C) genetic education.
       (7) Genetic test.--
       (A) In general.--The term ``genetic test'' means an 
     analysis of human DNA, RNA, chromosomes, proteins, or 
     metabolites, that detects genotypes, mutations, or 
     chromosomal changes.
       (B) Exceptions.--The term ``genetic test'' does not mean an 
     analysis of proteins or metabolites that does not detect 
     genotypes, mutations, or chromosomal changes.

     SEC. 202. EMPLOYER PRACTICES.

       (a) Discrimination Based on 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
       (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.
       (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 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 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;
       (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; or
       (6) where the employer conducts DNA analysis for law 
     enforcement purposes as a forensic laboratory, and such 
     analysis is included in the Combined DNA Index System 
     pursuant to section 210304 of the Violent Crime Control and 
     Law Enforcement Act of 1994 (42 U.S.C. 14132), and requests 
     or requires genetic information of such employer's employees, 
     but only to the extent that such genetic information is used 
     for analysis of DNA identification markers for quality 
     control to detect sample contamination.
       (c) Preservation of Protections.--In the case of 
     information to which any of paragraphs (1) through (6) of 
     subsection (b) applies, such information may not be used in 
     violation of paragraph (1) or (2) of subsection (a) or 
     treated or disclosed in a manner that violates section 206.

     SEC. 203. EMPLOYMENT AGENCY PRACTICES.

       (a) Discrimination Based on 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;
       (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
       (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 
     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 wellness program;
       (B) the individual provides prior, knowing, voluntary, and 
     written authorization;

[[Page S3319]]

       (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), (2), or (3) of subsection (a) or 
     treated or disclosed in a manner that violates section 206.

     SEC. 204. LABOR ORGANIZATION PRACTICES.

       (a) Discrimination Based on 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;
       (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
       (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 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 
     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), (2), or (3) of subsection (a) or 
     treated or disclosed in a manner that violates section 206.

     SEC. 205. TRAINING PROGRAMS.

       (a) Discrimination Based on 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 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
       (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 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 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 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;
       (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--

[[Page S3320]]

       (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; or
       (6) where the employer conducts DNA analysis for law 
     enforcement purposes as a forensic laboratory, and such 
     analysis is included in the Combined DNA Index System 
     pursuant to section 210304 of the Violent Crime Control and 
     Law Enforcement Act of 1994 (42 U.S.C. 14132), and requests 
     or requires genetic information of such employer's 
     apprentices or trainees, but only to the extent that such 
     genetic information is used for analysis of DNA 
     identification markers for quality control to detect sample 
     contamination.
       (c) Preservation of Protections.--In the case of 
     information to which any of paragraphs (1) through (6) of 
     subsection (b) applies, such information may not be used in 
     violation of paragraph (1), (2), or (3) of 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, 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. An employer, 
     employment agency, labor organization, or joint labor-
     management committee shall be considered to be in compliance 
     with the maintenance of information requirements of this 
     subsection with respect to genetic information subject to 
     this subsection that is maintained with and treated as a 
     confidential medical record under section 102(d)(3)(B) of the 
     Americans With Disabilities Act (42 U.S.C. 12112(d)(3)(B)).
       (b) Limitation on Disclosure.--An employer, employment 
     agency, labor organization, or joint labor-management 
     committee shall not disclose genetic information concerning 
     an employee or member except--
       (1) to the employee or member of a labor organization (or 
     family member if the family member is receiving the genetic 
     services) at the written request of the employee or member of 
     such organization;
       (2) to an occupational or other health 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 inform the employee or 
     member of the court order and any genetic information that 
     was disclosed pursuant to such order;
       (4) to government officials who are investigating 
     compliance with this title if the information is relevant to 
     the investigation;
       (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; or
       (6) to a Federal, State, or local public health agency only 
     with regard to information that is described in section 
     201(4)(A)(iii) and that concerns a contagious disease that 
     presents an imminent hazard of death or life-threatening 
     illness, and that the employee whose family member or family 
     members is or are the subject of a disclosure under this 
     paragraph is notified of such disclosure.
       (c) Relationship to HIPAA Regulations.--With respect to the 
     regulations promulgated by the Secretary of Health and Human 
     Services under part C of title XI of the Social Security Act 
     (42 U.S.C. 1320d et seq.) and section 264 of the Health 
     Insurance Portability and Accountability Act of 1996 (42 
     U.S.C. 1320d-2 note), this title does not prohibit a covered 
     entity under such regulations from any use or disclosure of 
     health information that is authorized for the covered entity 
     under such regulations. The previous sentence does not affect 
     the authority of such Secretary to modify such regulations.

     SEC. 207. REMEDIES AND ENFORCEMENT.

       (a) Employees Covered by Title VII of the Civil Rights Act 
     of 1964.--
       (1) In general.--The powers, procedures, and remedies 
     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, procedures, and remedies 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 of the United States (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 of the United States 
     (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 of the United States).
       (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 of the United States (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 of the United States 
     (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 of the United 
     States).
       (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 of the United States (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 of the United States 
     (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 of the United States).
       (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).

[[Page S3321]]

       (2) Costs and fees.--The powers, remedies, and procedures 
     provided in subsections (b) and (c) of section 722 of the 
     Revised Statutes of the United States (42 U.S.C. 1988), shall 
     be powers, remedies, and procedures this title provides to 
     the 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 of the United States 
     (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 of the United States).
       (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 of the United States (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 of the United States 
     (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 of the United States).
       (f) Prohibition Against Retaliation.--No person shall 
     discriminate against any individual because such individual 
     has opposed any act or practice made unlawful by this title 
     or because such individual made a charge, testified, 
     assisted, or participated in any manner in an investigation, 
     proceeding, or hearing under this title. The remedies and 
     procedures otherwise provided for under this section shall be 
     available to aggrieved individuals with respect to violations 
     of this subsection.
       (g) 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-2(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 Labor of the House of 
     Representatives; and
       (H) 1 member shall be appointed by the ranking minority 
     member of the Committee on Education and Labor of the House 
     of 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.

       (a) In General.--Nothing in this title shall be construed 
     to--
       (1) 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, including the 
     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) provide for enforcement of, or penalties for violation 
     of, any requirement or prohibition applicable to any 
     employer, employment agency, labor organization, or joint 
     labor-management committee subject to enforcement for a 
     violation under--
       (i) the amendments made by title I of this Act;
       (ii)(I) subsection (a) of section 701 of the Employee 
     Retirement Income Security Act of 1974 as such section 
     applies with respect to genetic information pursuant to 
     subsection (b)(1)(B) of such section;
       (II) section 702(a)(1)(F) of such Act; or
       (III) section 702(b)(1) of such Act as such section applies 
     with respect to genetic information as a health status-
     related factor;
       (iii)(I) subsection (a) of section 2701 of the Public 
     Health Service Act as such section applies with respect to 
     genetic information pursuant to subsection (b)(1)(B) of such 
     section;
       (II) section 2702(a)(1)(F) of such Act; or
       (III) section 2702(b)(1) of such Act as such section 
     applies with respect to genetic information as a health 
     status-related factor; or
       (iv)(I) subsection (a) of section 9801 of the Internal 
     Revenue Code of 1986 as such section applies with respect to 
     genetic information pursuant to subsection (b)(1)(B) of such 
     section;
       (II) section 9802(a)(1)(F) of such Act; or
       (III) section 9802(b)(1) of such Act as such section 
     applies with respect to genetic information as a health 
     status-related factor;
       (3) apply to the Armed Forces Repository of Specimen 
     Samples for the Identification of Remains;
       (4) limit or expand the protections, rights, or obligations 
     of employees or employers under applicable workers' 
     compensation laws;
       (5) limit the authority of a Federal department or agency 
     to conduct or sponsor occupational or other health research 
     that is conducted in compliance with the regulations 
     contained in part 46 of title 45, Code of Federal Regulations 
     (or any corresponding or similar regulation or rule);
       (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; or
       (7) require any specific benefit for an employee or member 
     or a family member of an employee or member under any group 
     health plan or health insurance issuer offering group health 
     insurance coverage in connection with a group health plan.
       (b) Genetic Information of a Fetus or Embryo.--Any 
     reference in this title to genetic information concerning an 
     individual or family member of an individual shall--
       (1) with respect to such an individual or family member of 
     an individual who is a pregnant woman, include genetic 
     information of any fetus carried by such pregnant woman; and

[[Page S3322]]

       (2) with respect to an individual or family member 
     utilizing an assisted reproductive technology, include 
     genetic information of any embryo legally held by the 
     individual or family member.
       (c) Relation to Authorities Under Title I.--With respect to 
     a group health plan, or a health insurance issuer offering 
     group health insurance coverage in connection with a group 
     health plan, this title does not prohibit any activity of 
     such plan or issuer that is authorized for the plan or issuer 
     under any provision of law referred to in clauses (i) through 
     (iv) of subsection (a)(2)(B).

     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 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 PROVISIONS

     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.

     SEC. 302. CHILD LABOR PROTECTIONS.

       (a) In General.--Section 16(e) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 216(e)) is amended to read as follows:
       ``(e)(1)(A) Any person who violates the provisions of 
     sections 12 or 13(c), relating to child labor, or any 
     regulation issued pursuant to such sections, shall be subject 
     to a civil penalty not to exceed--
       ``(i) $11,000 for each employee who was the subject of such 
     a violation; or
       ``(ii) $50,000 with regard to each such violation that 
     causes the death or serious injury of any employee under the 
     age of 18 years, which penalty may be doubled where the 
     violation is a repeated or willful violation.
       ``(B) For purposes of subparagraph (A), the term `serious 
     injury' means--
       ``(i) permanent loss or substantial impairment of one of 
     the senses (sight, hearing, taste, smell, tactile sensation);
       ``(ii) permanent loss or substantial impairment of the 
     function of a bodily member, organ, or mental faculty, 
     including the loss of all or part of an arm, leg, foot, hand 
     or other body part; or
       ``(iii) permanent paralysis or substantial impairment that 
     causes loss of movement or mobility of an arm, leg, foot, 
     hand or other body part.
       ``(2) Any person who repeatedly or willfully violates 
     section 6 or 7, relating to wages, shall be subject to a 
     civil penalty not to exceed $1,100 for each such violation.
       ``(3) In determining the amount of any penalty under this 
     subsection, the appropriateness of such penalty to the size 
     of the business of the person charged and the gravity of the 
     violation shall be considered. The amount of any penalty 
     under this subsection, when finally determined, may be--
       ``(A) deducted from any sums owing by the United States to 
     the person charged;
       ``(B) recovered in a civil action brought by the Secretary 
     in any court of competent jurisdiction, in which litigation 
     the Secretary shall be represented by the Solicitor of Labor; 
     or
       ``(C) ordered by the court, in an action brought for a 
     violation of section 15(a)(4) or a repeated or willful 
     violation of section 15(a)(2), to be paid to the Secretary.
       ``(4) Any administrative determination by the Secretary of 
     the amount of any penalty under this subsection shall be 
     final, unless within 15 days after receipt of notice thereof 
     by certified mail the person charged with the violation takes 
     exception to the determination that the violations for which 
     the penalty is imposed occurred, in which event final 
     determination of the penalty shall be made in an 
     administrative proceeding after opportunity for hearing in 
     accordance with section 554 of title 5, United States Code, 
     and regulations to be promulgated by the Secretary.
       ``(5) Except for civil penalties collected for violations 
     of section 12, sums collected as penalties pursuant to this 
     section shall be applied toward reimbursement of the costs of 
     determining the violations and assessing and collecting such 
     penalties, in accordance with the provision of section 2 of 
     the Act entitled `An Act to authorize the Department of Labor 
     to make special statistical studies upon payment of the cost 
     thereof and for other purposes' (29 U.S.C. 9a). Civil 
     penalties collected for violations of section 12 shall be 
     deposited in the general fund of the Treasury.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 4574. Mr. PRYOR (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill S. 1315, to amend 
title 38, United States Code, to enhance life insurance benefits for 
disabled veterans, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title III, add the following:

     SEC. 306. EXPANSION OF PROGRAMS OF EDUCATION ELIGIBLE FOR 
                   ACCELERATED PAYMENT OF EDUCATIONAL ASSISTANCE 
                   UNDER MONTGOMERY GI BILL.

       (a) In General.--Subsection (b) of section 3014A is amended 
     by striking paragraph (1) and inserting the following new 
     paragraph (1):
       ``(1) enrolled in--
       ``(A) an approved program of education that leads to 
     employment in a high technology occupation in a high 
     technology industry (as determined pursuant to regulations 
     prescribed by the Secretary); or
       ``(B) during the period beginning on October 1, 2008, and 
     ending on September 30, 2012, an approved program of 
     education lasting less than two years that (as so determined) 
     leads to employment in--
       ``(i) the transportation sector of the economy;
       ``(ii) the construction sector of the economy;
       ``(iii) the hospitality sector of the economy; or
       ``(iv) the energy sector of the economy; and''.
       (b) Conforming Amendments.--
       (1) Heading amendment.--The heading of such section is 
     amended to read as follows:

     ``Sec. 3014A. Accelerated payment of basic educational 
       assistance''.

       (2) Clerical amendment.--The item relating to such section 
     in the table of sections at the beginning of chapter 30 is 
     amended to read as follows:

``3014A. Accelerated payment of basic educational assistance.''.
                                 ______
                                 
  SA 4575. Mr. REID (for Mr. Kyl) proposed an amendment to the bill S. 
2324, to amend the Inspector General Act of 1978 (5 U.S.C. App.) to 
enhance the Offices of the Inspectors General, to create a Council of 
the Inspectors General on Integrity and Efficiency, and for other 
purposes; as follows:

       On page 2, line 21, insert before the quotation marks 
     ``Nothing in this subsection shall prohibit a personnel 
     action otherwise authorized by law, other than transfer or 
     removal.''.
       On page 2, line 26, insert a period before the quotation 
     marks.
       On page 3, line 3, insert before the quotation marks ``. 
     Nothing in this subsection shall prohibit a personnel action 
     otherwise authorized by law, other than transfer or 
     removal.''.
       On page 3, line 14, insert before the quotation marks 
     ``Nothing in this paragraph shall prohibit a personnel action 
     otherwise authorized by law, other than transfer or 
     removal.''.
       On page 4, line 7, insert before the quotation marks 
     ``Nothing in this paragraph shall prohibit a personnel action 
     otherwise authorized by law, other than transfer or 
     removal.''.
       On page 4, line 17, insert before the quotation marks 
     ``Nothing in this paragraph shall prohibit a personnel action 
     otherwise authorized by law, other than transfer or 
     removal.''.
       On page 10, after line 24, add the following:
       (c) Rule of Construction.--Nothing in the amendments made 
     by this section shall be construed to alter the duties and 
     responsibilities of the counsel for any establishment or 
     designated Federal entity.
       On page 32, strike lines 14 through 19 and insert the 
     following:
       ``(E) if the Inspector General concludes that the budget 
     submitted by the President would substantially inhibit the 
     Inspector General from performing the duties of the office, 
     any comments of the affected Inspector General with respect 
     to the proposal.''.
       On page 40, strike lines 1 through 20.
       On page 40, line 21, strike ``15'' and insert ``14''.
       On page 42, line 4, strike ``16'' and insert ``15''.

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