Prohibits group health plans or health insurers offering group coverage from using genetic information to impose enrollment restrictions or adjust group premiums. Prohibits requests for genetic testing or results except as necessary for treatment, payment, or health care operations.
Amends the Public Health Service Act to prohibit such discrimination in coverage offered in the individual market.
Requires the Secretary of the Treasury to issue final regulations, coordinating with the Secretaries of Health and Human Services and Labor through an interagency memorandum of understanding.
Makes it an unlawful employment practice for an employer, employment agency, labor organization, or training program to discriminate against an individual or deprive such individual of employment opportunities because of genetic information. Prohibits the collection of genetic information except where necessary to monitor the effects of toxic substances in the workplace when authorized by the employee, or as required by law.
Requires genetic information to be treated as part of an individual's confidential medical record, limiting disclosure to the individual, the family, health researchers, or as required by law or court order.
Grants enforcement powers to the Equal Employment Opportunity Commission.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1995 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 1995
To prohibit discrimination on the basis of genetic information with
respect to health insurance and employment.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2002
Ms. Snowe (for herself, Mr. Frist, Mr. Jeffords, Mr. Enzi, Ms. Collins,
Mr. Hagel, Mr. DeWine, and Mr. Gregg) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit discrimination on the basis of genetic information with
respect to health insurance and employment.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genetic Information
Nondiscrimination Act of 2002''.
TITLE I--GENETIC NONDISCRIMINATION IN HEALTH INSURANCE
SEC. 101. AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974.
(a) Prohibition of Health Discrimination on the Basis of Genetic
Information or Genetic Services.--
(1) No enrollment restriction for genetic services.--
Section 702(a)(1)(F) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1182(a)(1)(F)) is amended by inserting
before the period the following: ``(including information about
a request for or receipt of genetic services)''.
(2) No discrimination in group premiums based on genetic
information.--Section 702(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1182(b)) is amended by adding
at the end the following:
``(3) No discrimination in group premiums based on genetic
information.--For purposes of this section, a group health
plan, or a health insurance issuer offering group health
insurance coverage in connection with a group health plan,
shall not adjust premium or contribution amounts for a group on
the basis of genetic information concerning an individual in
the group or a family member of the individual (including
information about a request for or receipt of genetic
services).
(b) Limitations on Genetic Testing and the Collection of Genetic
Information.--Section 702 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1182) is amended by adding at the end the
following:
``(c) Genetic Testing.--
``(1) Limitation on requesting or requiring genetic
testing.--A group health plan, or a health insurance issuer
offering health insurance coverage in connection with a group
health plan, shall not request or require an individual or a
family member of such individual to undergo a genetic test.
``(2) Rule of construction.--Nothing in this part shall be
construed to limit the authority of a health care professional,
who is providing health care services with respect to an
individual or who is acting on behalf of a group health plan or
a health insurance issuer, to request that such individual or a
family member of such individual undergo a genetic test. Such a
health care professional shall not require that such individual
or family member undergo a genetic test.
``(d) Compliance With Certain Confidentiality Standards With
Respect to Genetic Information.--With respect to the use or disclosure
of genetic information by a group health plan, or a health insurance
issuer offering health insurance coverage in connection with a group
health plan, such information shall be deemed to be protected health
information for purposes of, and shall be subject to, the standards
promulgated by the Secretary of Health and Human Services under--
``(1) part C of title XI of the Social Security Act (42
U.S.C. 1320d et seq.); or
``(2) section 264(c) of the Health Insurance Portability
and Accountability Act of 1996 (Public Law 104-191; 110 Stat.
2033).
``(e) Collection of Genetic Information.--
``(1) Limitation on requesting or requiring genetic
information.--Except as provided in paragraph (2), a group
health plan, or a health insurance issuer offering health
insurance coverage in connection with a group health plan,
shall not request or require genetic information concerning an
individual or a family member of the individual (including
information about a request for or receipt of genetic
services).
``(2) Information needed for treatment, payment, and health
care operations.--Notwithstanding paragraph (1), a group health
plan, or a health insurance issuer offering health insurance
coverage in connection with a group health plan, that provides
health care items and services to an individual may request
genetic information concerning such individual or dependent for
purposes of treatment, payment, or health care operations in
accordance with the standards for protected health information
described in subsection (d) to the extent that the use of such
information is otherwise consistent with this section.
``(3) Failure to provide necessary information.--If an
individual or dependent refuses to provide the information
requested under paragraph (2), and such information is for
treatment, payment, or health care operations relating to the
individual, the group health plan or health insurance issuer
requesting such information shall not be required to provide
coverage for the items, services, or treatments with respect to
which the requested information relates in any action under
part 5.''.
(c) Definitions.--Section 733(d) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1191b(d)) is amended by adding at the
end the following:
``(5) Family member.--The term `family member' means with
respect to an individual--
``(A) the spouse of the individual;
``(B) a dependent child of the individual,
including a child who is born to or placed for adoption
with the individual; and
``(C) all other individuals related by blood to the
individual or the spouse or child described in
subparagraph (A) or (B).
``(6) Genetic information.--
``(A) In general.--Except as provided in
subparagraph (B), the term `genetic information' means
information--
``(i) concerning--
``(I) the genetic tests of an
individual;
``(II) the genetic tests of family
members of the individual; or
``(III) the occurrence of a disease
or disorder in family members of the
individual; and
``(ii) that is used to predict risk of
disease in asymptomatic or undiagnosed
individuals.
``(B) Exceptions.--The term `genetic information'
shall not include--
``(i) information about the sex or age of
the individual;
``(ii) information derived from clinical
and laboratory tests, such as the chemical,
blood, or urine analyses of the individual
including cholesterol tests, used to determine
health status or detect illness or diagnose
disease; and
``(iii) information about physical exams of
the individual.
``(7) Genetic services.--The term `genetic services' means
health services provided for genetic education and counseling.
``(8) Genetic test.--The term `genetic test' means the
analysis of human DNA, RNA, chromosomes, proteins, and
metabolites, that detect genotypes, mutations, or chromosomal
changes. Such term does not include information described in
paragraph (6)(B).''.
(d) Regulations and Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this title, the Secretary of Labor shall issue
final regulations in an accessible format to carry out the
amendments made by this section.
(2) Effective date.--The amendments made by this section
shall apply with respect to group health plans for plan years
beginning after the date that is 18 months after the date of
enactment of this title.
SEC. 102. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
(a) Amendments Relating to the Group Market.--
(1) Prohibition of health discrimination on the basis of
genetic information or genetic services.--
(A) No enrollment restriction for genetic
services.--Section 2702(a)(1)(F) of the Public Health
Service Act (42 U.S.C. 300gg-1(a)(1)(F)) is amended by
inserting before the period the following: ``(including
information about a request for or receipt of genetic
services)''.
(B) No discrimination in group premiums based on
genetic information.--Section 2702(b) of the Public
Health Service Act (42 U.S.C. 300gg-1(b)) is amended by
adding at the end the following:
``(3) No discrimination in group premiums based on genetic
information.--For purposes of this section, a group health
plan, or a health insurance issuer offering group health
insurance coverage in connection with a group health plan,
shall not adjust premium or contribution amounts for a group on
the basis of genetic information concerning an individual in
the group or a family member of the individual (including
information about a request for or receipt of genetic
services).''.
(2) Limitations on genetic testing and the collection of
genetic information.--Section 2702 of the Public Health Service
Act (42 U.S.C. 300gg-1) is amended by adding at the end the
following:
``(c) Genetic Testing.--
``(1) Limitation on requesting or requiring genetic
testing.--A group health plan, or a health insurance issuer
offering health insurance coverage in connection with a group
health plan, shall not request or require an individual or a
family member of such individual to undergo a genetic test.
``(2) Rule of construction.--Nothing in this part shall be
construed to limit the authority of a health care professional,
who is providing health care services with respect to an
individual or who is acting on behalf of a group health plan or
a health insurance issuer, to request that such individual or a
family member of such individual undergo a genetic test. Such a
health care professional shall not require that such individual
or family member undergo a genetic test.
``(d) Compliance With Certain Confidentiality Standards With
Respect to Genetic Information.--With respect to the use or disclosure
of genetic information by a group health plan, or a health insurance
issuer offering health insurance coverage in connection with a group
health plan, such information shall be deemed to be protected health
information for purposes of, and shall be subject to, the standards
promulgated by the Secretary of Health and Human Services under--
``(1) part C of title XI of the Social Security Act (42
U.S.C. 1320d et seq.); or
``(2) section 264(c) of the Health Insurance Portability
and Accountability Act of 1996 (Public Law 104-191; 110 Stat.
2033).
``(e) Collection of Genetic Information.--
``(1) Limitation on requesting or requiring genetic
information.--Except as provided in paragraph (2), a group
health plan, or a health insurance issuer offering health
insurance coverage in connection with a group health plan,
shall not request or require genetic information concerning an
individual or a family member of the individual (including
information about a request for or receipt of genetic
services).
``(2) Information needed for treatment, payment, and health
care operations.--Notwithstanding paragraph (1), a group health
plan, or a health insurance issuer offering health insurance
coverage in connection with a group health plan, that provides
health care items and services to an individual may request
genetic information concerning such individual or dependent for
purposes of treatment, payment, or health care operations in
accordance with the standards for protected health information
described in subsection (d) to the extent that the use of such
information is otherwise consistent with this section.
``(3) Failure to provide necessary information.--If an
individual or dependent refuses to provide the information
requested under paragraph (2), and such information is for
treatment, payment, or health care operations relating to the
individual, the group health plan or health insurance issuer
requesting such information shall not be required to provide
coverage for the items, services, or treatments with respect to
which the requested information relates.''.
(3) Definitions.--Section 2791(d) of the Public Health
Service Act (42 U.S.C. 300gg-91(d)) is amended by adding at the
end the following:
``(15) Family member.--The term `family member' means with
respect to an individual--
``(A) the spouse of the individual;
``(B) a dependent child of the individual,
including a child who is born to or placed for adoption
with the individual; and
``(C) all other individuals related by blood to the
individual or the spouse or child described in
subparagraph (A) or (B).
``(16) Genetic information.--
``(A) In general.--Except as provided in
subparagraph (B), the term `genetic information' means
information--
``(i) concerning--
``(I) the genetic tests of an
individual;
``(II) the genetic tests of family
members of the individual; or
``(III) the occurrence of a disease
or disorder in family members of the
individual; and
``(ii) that is used to predict risk of
disease in asymptomatic or undiagnosed
individuals.
``(B) Exceptions.--The term `genetic information'
shall not include--
``(i) information about the sex or age of
the individual;
``(ii) information derived from clinical
and laboratory tests, such as the chemical,
blood, or urine analyses of the individual
including cholesterol tests, used to determine
health status or detect illness or diagnose
disease; and
``(iii) information about physical exams of
the individual.
``(17) Genetic services.--The term `genetic services' means
health services provided for genetic education and counseling.
``(18) Genetic test.--The term `genetic test' means the
analysis of human DNA, RNA, chromosomes, proteins, and
metabolites, that detect genotypes, mutations, or chromosomal
changes. Such term does not include information described in
paragraph (16)(B).''.
(b) Amendment Relating to the Individual Market.--The first subpart
3 of part B of title XXVII of the Public Health Service Act (42 U.S.C.
300gg-51 et seq.) (relating to other requirements) is amended--
(1) by redesignating such subpart as subpart 2; and
(2) by adding at the end the following:
``SEC. 2753. PROHIBITION OF HEALTH DISCRIMINATION ON THE BASIS OF
GENETIC INFORMATION.
``(a) Prohibition on Genetic Information as a Condition of
Eligibility.--A health insurance issuer offering health insurance
coverage in the individual market may not use genetic information as a
condition of eligibility of an individual to enroll in individual
health insurance coverage (including information about a request for or
receipt of genetic services).
``(b) Prohibition on Genetic Information in Setting Premium
Rates.--For purposes of this section, a health insurance issuer
offering health insurance coverage in the individual market shall not
adjust premium or contribution amounts for an individual on the basis
of genetic information concerning the individual or a family member of
the individual (including information about a request for or receipt of
genetic services).
``(c) Genetic Testing.--
``(1) Limitation on requesting or requiring genetic
testing.--A health insurance issuer offering health insurance
coverage in the individual market shall not request or require
an individual or a family member of such individual to undergo
a genetic test.
``(2) Rule of construction.--Nothing in this part shall be
construed to limit the authority of a health care professional,
who is providing health care services with respect to an
individual or who is acting on behalf of a health insurance
issuer, to request that such individual or a family member of
such individual undergo a genetic test. Such a health care
professional shall not require that such individual or family member
undergo a genetic test.
``(d) Compliance With Certain Confidentiality Standards With
Respect to Genetic Information.--With respect to the use or disclosure
of genetic information by a health insurance issuer offering health
insurance coverage in the individual market, such information shall be
deemed to be protected health information for purposes of, and shall be
subject to, the standards promulgated by the Secretary of Health and
Human Services under--
``(1) part C of title XI of the Social Security Act (42
U.S.C. 1320d et seq.); or
``(2) section 264(c) of the Health Insurance Portability
and Accountability Act of 1996 (Public Law 104-191; 110 Stat.
2033).
``(e) Collection of Genetic Information.--
``(1) Limitation on requesting or requiring genetic
information.--Except as provided in paragraph (2), a health
insurance issuer offering health insurance coverage in the
individual market shall not request or require genetic
information concerning an individual or a family member of the
individual (including information about a request for or
receipt of genetic services).
``(2) Information needed for treatment, payment, and health
care operations.--Notwithstanding paragraph (1), a health
insurance issuer offering health insurance coverage in the
individual market that provides health care items and services
to an individual may request genetic information concerning
such individual or dependent for purposes of treatment,
payment, or health care operations in accordance with the
standards for protected health information described in
subsection (d) to the extent that the use of such information
is otherwise consistent with this section.
``(3) Failure to provide necessary information.--If an
individual or dependent refuses to provide the information
requested under paragraph (2), and such information is for
treatment, payment, or health care operations relating to the
individual, the health insurance issuer requesting such
information shall not be required to provide coverage for the
items, services, or treatments with respect to which the
requested information relates.''.
(c) Regulations and Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this title, the Secretary of Labor and the
Secretary of Health and Human Services (as the case may be)
shall issue final regulations in an accessible format to carry
out the amendments made by this section.
(2) Effective date.--The amendments made by this section
shall apply--
(A) with respect to group health plans, and health
insurance coverage offered in connection with group
health plans, for plan years beginning after the date
that is 18 months after the date of enactment of this
title; and
(B) with respect to health insurance coverage
offered, sold, issued, renewed, in effect, or operated
in the individual market after the date that is 18
months after the date of enactment of this title.
SEC. 103. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.
(a) Prohibition of Health Discrimination on the Basis of Genetic
Information or Genetic Services.--
(1) No enrollment restriction for genetic services.--
Section 9802(a)(1)(F) of the Internal Revenue Code of 1986 is
amended by inserting before the period the following:
``(including information about a request for or receipt of
genetic services)''.
(2) No discrimination in group premiums based on genetic
information.--Section 9802(b) of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``(3) No discrimination in group premiums based on genetic
information.--For purposes of this section, a group health plan
shall not adjust premium or contribution amounts for a group on
the basis of genetic information concerning an individual in
the group or a family member of the individual (including
information about a request for or receipt of genetic
services).''.
(b) Limitations on Genetic Testing and the Collection of Genetic
Information.--Section 9802 of the Internal Revenue Code of 1986 is
amended by adding at the end the following:
``(d) Genetic Testing and Genetic Services.--
``(1) Limitation on requesting or requiring genetic
testing.--A group health plan shall not request or require an
individual or a family member of such individual to undergo a
genetic test.
``(2) Rule of construction.--Nothing in this part shall be
construed to limit the authority of a health care professional,
who is providing health care services with respect to an
individual or who is acting on behalf of a group health plan,
to request that such individual or a family member of such individual
undergo a genetic test. Such a health care professional shall not
require that such individual or family member undergo a genetic test.
``(e) Compliance With Certain Confidentiality Standards With
Respect to Genetic Information.--With respect to the use or disclosure
of genetic information by a group health plan, such information shall
be deemed to be protected health information for purposes of, and shall
be subject to, the standards promulgated by the Secretary of Health and
Human Services under--
``(1) part C of title XI of the Social Security Act (42
U.S.C. 1320d et seq.); or
``(2) section 264(c) of the Health Insurance Portability
and Accountability Act of 1996 (Public Law 104-191; 110 Stat.
2033).
``(f) Collection of Genetic Information.--
``(1) Limitation on requesting or requiring genetic
information.--Except as provided in paragraph (2), a group
health plan shall not request or require genetic information
concerning an individual or a family member of the individual
(including information about a request for or receipt of
genetic services).
``(2) Information needed for treatment, payment, and health
care operations.--Notwithstanding paragraph (1), a group health
plan that provides health care items and services to an
individual may request genetic information concerning such
individual or dependent for purposes of treatment, payment, or
health care operations in accordance with the standards for
protected health information described in subsection (e) to the
extent that the use of such information is otherwise consistent
with this section.
``(3) Failure to provide necessary information.--If an
individual or dependent refuses to provide the information
requested under paragraph (2), and such information is for
treatment, payment, or health care operations relating to the
individual, the group health plan requesting such information
shall not be required to provide coverage for the items,
services, or treatments with respect to which the requested
information relates.''.
(c) Definitions.--Section 9832(d) of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``(6) Family member.--The term `family member' means with
respect to an individual--
``(A) the spouse of the individual;
``(B) a dependent child of the individual,
including a child who is born to or placed for adoption
with the individual; and
``(C) all other individuals related by blood to the
individual or the spouse or child described in
subparagraph (A) or (B).
``(7) Genetic information.--
``(A) In general.--Except as provided in
subparagraph (B), the term `genetic information' means
information--
``(i) concerning--
``(I) the genetic tests of an
individual;
``(II) the genetic tests of family
members of the individual; or
``(III) the occurrence of a disease
or disorder in family members of the
individual; and
``(ii) that is used to predict risk of
disease in asymptomatic or undiagnosed
individuals.
``(B) Exceptions.--The term `genetic information'
shall not include--
``(i) information about the sex or age of
the individual;
``(ii) information derived from clinical
and laboratory tests, such as the chemical,
blood, or urine analyses of the individual
including cholesterol tests, used to determine
health status or detect illness or diagnose
disease; and
``(iii) information about physical exams of
the individual.
``(8) Genetic services.--The term `genetic services' means
health services provided for genetic education and counseling.
``(9) Genetic test.--The term `genetic test' means the
analysis of human DNA, RNA, chromosomes, proteins, and
metabolites, that detect genotypes, mutations, or chromosomal
changes. Such term does not include information described in
paragraph (7)(B).''.
(d) Regulations and Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this title, the Secretary of the Treasury shall
issue final regulations in an accessible format to carry out
the amendments made by this section.
(2) Effective date.--The amendments made by this section
shall apply with respect to group health plans for plan years
beginning after the date that is 18 months after the date of
enactment of this title.
SEC. 104. ASSURING COORDINATION.
The Secretary of the Treasury, the Secretary of Health and Human
Services, and the Secretary of Labor shall ensure, through the
execution of an interagency memorandum of understanding among such
Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which two or
more such Secretaries have responsibility under this title (and
the amendments made by this title) are administered so as to
have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement.
TITLE II--PROHIBITING EMPLOYMENT DISCRIMINATION ON THE BASIS OF GENETIC
INFORMATION
SEC. 201. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Equal
Employment Opportunity Commission as created by section 705 of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-4).
(2) Employee; employer; employment agency; labor
organization; and member.--The terms--
(A) ``employee'', ``employer'', ``employment
agency'', and ``labor organization'' have the meanings
given such terms in section 701 of the Civil Rights Act
of 1964 (42 U.S.C. 2000e); and
(B) ``employee'' and ``member'', as used with
respect to a labor organization, include an applicant
for employment and an applicant for membership in a
labor organization, respectively.
(3) Family member.--The term ``family member'' means with
respect to an individual--
(A) the spouse of the individual;
(B) a dependent child of the individual, including
a child who is born to or placed for adoption with the
individual; and
(C) all other individuals related by blood to the
individual or the spouse or child described in
subparagraph (A) or (B).
(4) Genetic information.--
(A) In general.--Except as provided in subparagraph
(B), the term ``genetic information'' means
information--
(i) concerning--
(I) the genetic tests of an
individual;
(II) the genetic tests of family
members of the individual; or
(III) the occurrence of a disease
or disorder in family members of the
individual; and
(ii) that is used to predict risk of
disease in asymptomatic or undiagnosed
individuals.
(B) Exceptions.--The term ``genetic information''
shall not include--
(i) information about the sex or age of the
individual;
(ii) information derived from clinical and
laboratory tests, such as the chemical, blood,
or urine analyses of the individual including
cholesterol tests, used to determine health
status or detect illness or diagnose disease;
and
(iii) information about physical exams of
the individual.
(5) Genetic monitoring.--The term ``genetic monitoring''
means the periodic examination of employees to evaluate
acquired modifications to their genetic material, such as
chromosomal damage or evidence of increased occurrence of
mutations, that may have developed in the course of employment
due to exposure to toxic substances in the workplace, in order
to identify, evaluate, and respond to the effects of or control
adverse environmental exposures in the workplace.
(6) Genetic services.--The term ``genetic services'' means
health services provided for genetic education and counseling.
(7) Genetic test.--The term ``genetic test'' means the
analysis of human DNA, RNA, chromosomes, proteins, and
metabolites, that detect genotypes, mutations, or chromosomal
changes. Such term does not include information described in
paragraph (4)(B).
SEC. 202. EMPLOYER PRACTICES.
(a) Use of Genetic Information.--It shall be an unlawful employment
practice for an employer--
(1) to fail or refuse to hire or to discharge any
individual, or otherwise to discriminate against any individual
with respect to the compensation, terms, conditions, or
privileges of employment of the individual, because of genetic
information with respect to the individual (or information
about a request for or the receipt of genetic services by such
individual or family member of such individual); or
(2) to limit, segregate, or classify the employees of the
employer in any way that would deprive or tend to deprive any
individual of employment opportunities or otherwise adversely
affect the status of the individual as an employee, because of
genetic information with respect to the individual (or
information about a request for or the receipt of genetic
services by such individual or family member of such
individual).
(b) Limitation on Collection of Genetic Information.--It shall be
an unlawful employment practice for an employer to intentionally
request, require, or purchase genetic information with respect to an
employee or a family member of the employee (or information about a
request for the receipt of genetic services by such employee or a
family of such employee) except--
(1) where the information involved is to be used for
genetic monitoring of the biological effects of toxic
substances in the workplace, but only if--
(A) the employer provides written notice of the
genetic monitoring to the employee;
(B)(i) the employee provides prior, knowing,
voluntary, and written authorization; or
(ii) the genetic monitoring is required by Federal,
State, or local law;
(C) the employee is informed of individual
monitoring results;
(D) the monitoring conforms to any Federal or State
genetic monitoring regulations, including any such
regulations that may be promulgated by the Secretary of
Labor pursuant to the Occupational Safety and Health
Act of 1970 (29 U.S.C. 651 et seq.) or the Federal Mine
Safety and Health Act of 1977 (30 U.S.C. 801 et seq.); and
(E) the employer, excluding any licensed or
certified health care professional that is involved in
the genetic monitoring program, receives the results of
the monitoring only in aggregate terms that do not
disclose the identity of specific employees;
(2) where--
(A) health or genetic services are offered by the
employer;
(B) the employee provides prior, knowing,
voluntary, and written authorization; and
(C) only the employee (or family member if the
family member is receiving genetic services) and the
licensed or certified health care professionals
involved in providing such services receive
individually identifiable information concerning the
results of such services; or
(3) where the request or requirement is necessary to comply
with Federal, State, or local law.
(c) Limitation.--In the case of genetic information to which
paragraph (1), (2), or (3) of subsection (b) applies, such information
may not be used in violation of paragraph (1) or (2) of subsection (a).
(d) Exception.--
(1) In general.--An employer shall not be considered to
engage in an employment practice that is unlawful under this
title because of its disparate impact, on the basis that the
employer applies a qualification standard, test, or other
selection criterion that screens out or tends to screen out, or
otherwise denies a job benefit to, an individual, if the
standard, test, or other selection criterion is shown to be
job-related with respect to the employment position involved
and consistent with business necessity.
(2) Qualification standard.--In this subsection, the term
``qualification standard'' may include a requirement that an
individual shall not pose a direct threat to the health or
safety of other individuals in the workplace.
(e) Rule of Construction Relating to Group Health Plans.--Nothing
in this section shall be construed to prohibit a group health plan (as
such term is defined in section 733(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1191b(a))), or a health
insurance issuer offering group health insurance coverage in connection
with a group health plan, from making a request described in subsection
(b) if such request is consistent with the provisions of part 7 of
subtitle B of title I of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1181 et seq.), title XXVII of the Public Health Service
(42 U.S.C. 300gg et seq.), and chapter 100 of the Internal Revenue Code
of 1986.
SEC. 203. EMPLOYMENT AGENCY PRACTICES.
(a) Use of Genetic Information.--It shall be an unlawful employment
practice for an employment agency--
(1) to fail or refuse to refer for employment, or otherwise
to discriminate against, any individual because of genetic
information with respect to the individual (or information
about a request for or the receipt of genetic services by such
individual or family member of such individual); or
(2) to limit, segregate, or classify individuals or fail or
refuse to refer for employment any individual in any way that
would deprive or tend to deprive any individual of employment
opportunities, or otherwise adversely affect the status of the
individual as an employee, because of genetic information with
respect to the individual (or information about a request for
or the receipt of genetic services by such individual or family
member of such individual).
(b) Limitation on Collection of Genetic Information.--It shall be
an unlawful employment practice for an employment agency--
(1) to intentionally request, require, or purchase genetic
information with respect to an employee or family member of the
employee (or information about a request for or the receipt of
genetic services by such employee or family member of such
employee), except that the provisions of section 202(b) shall
apply with respect to employment agencies and employees (and
the family members of the employees) under this paragraph in
the same manner and to the same extent as such provisions apply
to employers and employees (and the family members of the
employees) under section 202(b); or
(2) to cause or attempt to cause an employer to
discriminate against an individual in violation of this title.
(c) Limitation and Exception.--Subsections (c) and (d) of section
202 shall apply with respect to employment agencies and employees (and
the family members of the employees) under this section in the same
manner and to the same extent as such provisions apply to employers and
employees (and the family members of the employees) under section 202.
SEC. 204. LABOR ORGANIZATION PRACTICES.
(a) Use of Genetic Information.--It shall be an unlawful employment
practice for a labor organization--
(1) to exclude or to expel from the membership of the
organization, or otherwise to discriminate against, any
individual because of genetic information with respect to the
individual (or information about a request for or the receipt
of genetic services by such individual or family member of such
individual); or
(2) to limit, segregate, or classify the members of the
organization, or fail or refuse to refer for employment any
individual, in any way that would deprive or tend to deprive
any individual of employment opportunities, or otherwise
adversely affect the status of the individual as an employee,
because of genetic information with respect to the individual
(or information about a request for or the receipt of genetic
services by such individual or family member of such
individual).
(b) Limitation on Collection of Genetic Information.--It shall be
an unlawful employment practice for a labor organization--
(1) to intentionally request, require, or purchase genetic
information with respect to an individual who is a member of a
labor organization or a family member of the individual (or
information about a request for or the receipt of genetic services by
such individual or family member of such individual) except that the
provisions of section 202(b) shall apply with respect to labor
organizations and such individuals (and their family members) under
this paragraph in the same manner and to the same extent as such
provisions apply to employers and employees (and the family members of
the employees) under section 202(b); or
(2) to cause or attempt to cause an employer to
discriminate against an individual in violation of this title.
(c) Limitation and Exception.--Subsections (c) and (d) of section
202 shall apply with respect to labor organizations and individuals who
are members of labor organizations (and the family members of the
individuals) under this section in the same manner and to the same
extent as such provisions apply to employers and employees (and the
family members of the employees) under section 202.
SEC. 205. TRAINING PROGRAMS.
(a) Use of Genetic Information.--It shall be an unlawful employment
practice for any employer, labor organization, or joint labor-
management committee controlling apprenticeship or other training or
retraining, including on-the-job training programs--
(1) to discriminate against any individual because of
genetic information with respect to the individual (or
information about a request for or the receipt of genetic
services by such individual or a family member of such
individual) in admission to, or employment in, any program
established to provide apprenticeship or other training or
retraining; or
(2) to limit, segregate, or classify the applicants for or
participants in such apprenticeship or other training or
retraining, or fail or refuse to refer for employment any
individual, in any way that would deprive or tend to deprive
any individual of employment opportunities, or otherwise
adversely affect the status of the individual as an employee,
because of genetic information with respect to the individual
(or information about a request for or receipt of genetic
services by such individual or family member of such
individual).
(b) Limitation on Collection of Genetic Information.--It shall be
an unlawful employment practice for an employer, labor organization, or
joint labor-management committee described in subsection (a)--
(1) to intentionally request, require, or purchase genetic
information with respect to an individual who is an applicant
for or a participant in such apprenticeship or other training
or retraining (or information about a request for or the
receipt of genetic services by such individual or family member
of such individual) except that the provisions of section
202(b) shall apply with respect to such employers, labor
organizations, and joint labor-management committees and to
such individuals (and their family members) under this
paragraph in the same manner and to the same extent as such
provisions apply to employers and employees (and their family
members) under section 202(b); or
(2) to cause or attempt to cause an employer to
discriminate against an applicant for or a participant in such
apprenticeship or other training or retraining in violation of
this title.
(c) Limitation and Exception.--Subsections (c) and (d) of section
202 shall apply with respect to employers, labor organizations, and
joint labor-management committees described in subsection (a) and to
individuals who are applicants for or participants in apprenticeship or
other training or retraining (and the family members of the
individuals) under this section in the same manner and to the same
extent as the provisions apply to employers and to employees (and the
family members of the employees) under section 202.
SEC. 206. CONFIDENTIALITY OF GENETIC INFORMATION.
(a) Treatment of Information as Part of Confidential Medical
Record.--
(1) In general.--If an employer, employment agency, labor
organization, or joint labor-management committee possesses
genetic information about an employee or member (or information
about a request for or receipt of genetic services by such
employee or member or family member of such employee or
member), such information shall be treated and maintained as
part of the employee's or member's confidential medical
records.
(2) Limitation on disclosure.--An employer, employment
agency, labor organization, or joint labor-management committee
shall not disclose genetic information concerning an employee
or member (or information about a request for or receipt of
genetic services by such employee or member or family member of
such employee or member) except--
(A) to the employee (or family member if the family
member is receiving the genetic services) or member at
the request of the employee or member;
(B) to an occupational or other health researcher
if the research is conducted in compliance with the
regulations and protections provided for under part 46
of title 45, Code of Federal Regulations (or any
corresponding similar regulation or rule);
(C) under legal compulsion of a Federal or State
court order, except that if the court order was secured
without the knowledge of the individual to whom the
information refers, the employer shall provide the
individual with adequate notice to challenge the court
order;
(D) to government officials who are investigating
compliance with this title if the information is
relevant to the investigation;
(E) to the extent that such disclosure is necessary
to comply with Federal, State, or local law; or
(F) as otherwise provided for in this title.
(b) Rule of Construction Relating to Group Health Plans.--Nothing
in this section shall be construed to prohibit a group health plan (as
such term is defined in section 733(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1191b(a))), or a health
insurance issuer offering group health insurance coverage in connection
with a group health plan, from using or disclosing information
described in subsection (a) if such use of disclosure is consistent
with the provisions of part 7 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.), title
XXVII of the Public Health Service (42 U.S.C. 300gg et seq.), and
chapter 100 of the Internal Revenue Code of 1986.
SEC. 207. ENFORCEMENT.
The powers, remedies, and procedures set forth in sections 705,
706, 707, 709, and 710 of the Civil Rights Act of 1964 (42 U.S.C.
2000e-4, 2000e-5, 2000e-6, 2000e-8, and 2000e-9) shall be the powers,
remedies, and procedures that this title provides to the Commission, to
the Attorney General, or to any person alleging an unlawful employment
practice in violation of section 202 (other than subsection (e) of such
section), 203, 204, 205, or 206(a) or the regulations promulgated under
section 210, concerning employment.
SEC. 208. AMENDMENT TO THE REVISED STATUTES.
(a) Right of Recovery.--Section 1977A(a) of the Revised Statutes
(42 U.S.C. 1981a(a)) is amended by adding at the end the following:
``(4) Genetic information.--In an action brought by a
complaining party under the powers, remedies, and procedures
set forth in section 706 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-5), as authorized under section 207 of the Genetic
Information Nondiscrimination Act of 2002, against a respondent
who is engaging (or has engaged) in an intentional unlawful
employment practice prohibited by section 202 (other than
subsection (e) of such section), 203, 204, 205 or 206(a) of
such Genetic Information Nondiscrimination Act of 2002 against
an individual (other than an action involving an employment
practice that is allegedly unlawful because of its disparate
impact), the complaining party may recover compensatory and
punitive damages as permitted under subsection (b), in addition
to any relief otherwise provided for under section 706(g) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(g)), from the
respondent.''.
(b) Conforming Amendments.--Section 1977A(d) of the Revised
Statutes (42 U.S.C. 1981a(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(C) in the case of a person seeking to bring an
action under subsection (a)(4) ,the Equal Employment
Opportunity Commission, the Attorney General, or a
person who may bring an action or proceeding under
title II of the Genetic Information Nondiscrimination
Act of 2002.''; and
(2) in paragraph (2), by striking ``or the discrimination
or the violation described in paragraph (2),'' and inserting
``the discrimination or the violation described in paragraph
(2), or the intentional unlawful employment practice described
in paragraph (4),''.
SEC. 209. CONSTRUCTION.
Nothing in this title shall be construed to--
(1) limit the rights or protections of an individual under
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), including coverage afforded to individuals under section
102 of such Act (42 U.S.C. 12112), or under the Rehabilitation
Act of 1973 (29 U.S.C. 701 et seq.), except that an individual
may not bring an action against an employer, employment agency,
labor organization, or joint labor-management committee
pursuant to this title and also pursuant to the Americans with
Disabilities Act of 1990 or the Rehabilitation Act of 1973, if
the actions are predicated on the same facts or a common
occurrence;
(2) limit the rights or protections of an individual to
bring an action under this title against an employer,
employment agency, labor organization, or joint labor-
management committee for a violation of this title, except that
an individual may not bring an action against such an employer,
employment agency, labor organization, or joint labor-
management committee, with respect to a group health plan or a
health insurance issuer offering health insurance coverage in
connection with a group health plan, under this title if the
action is based on a violation of a provision of the amendments
made by title I;
(3) limit the rights or protections of an individual under
any other Federal or State statute that provides equal or
greater protection to an individual than the rights or
protections provided for under this title;
(4) apply to the Armed Forces Repository of Specimen
Samples for the Identification of Remains;
(5) limit the authority of a Federal department or agency
to conduct or sponsor occupational or other health research
that is conducted in compliance with the regulations contained
in part 46 of title 45, Code of Federal Regulations (or any
corresponding or similar regulation or rule); and
(6) limit the statutory or regulatory authority of the
Occupational Safety and Health Administration or the Mine
Safety and Health Administration to promulgate or enforce
workplace safety and health laws and regulations.
SEC. 210. REGULATIONS.
Not later than 1 year after the date of enactment of this title,
the Commission shall issue final regulations in an accessible format to
carry out this title.
SEC. 211. SEVERABILITY.
If any provision of this title, an amendment made by this title, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this
title, the amendments made by this title, and the application of such
provisions to any person or circumstance shall not be affected thereby.
SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
SEC. 213. EFFECTIVE DATE.
(a) In General.--This title takes effect on the date that is 18
months after the date of enactment of this Act.
(b) Enforcement.--Notwithstanding subsection (a), no enforcement
action shall be commenced under section 207 until the date on which the
Commission issues final regulations under section 210.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1613-1614)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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