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II
116TH CONGRESS
2D SESSION
S. 4249
To ensure the protection of human genetic information collected as a result
of diagnostic testing for COVID–19.
IN THE SENATE OF THE UNITED STATES
JULY 21, 2020
Mr. TILLIS introduced the following bill; which was read twice and referred
to the Committee on Health, Education, Labor, and Pensions
A BILL
To ensure the protection of human genetic information
collected as a result of diagnostic testing for COVID–19.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. PROTECTION OF HUMAN GENETIC INFORMA-
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TION.
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(a) IN GENERAL.—Notwithstanding any other provi-
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sion of law, the Secretary of Health and Human Services
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shall ensure that no person may collect, store, analyze, dis-
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seminate, or otherwise make use of, or benefit from, any
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human genetic information collected as a result of diag-
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nostic testing for COVID–19, for any incidental use, or
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•S 4249 IS
any reason other than such diagnostic or serologic testing,
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except with the express, written, informed consent of the
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individual being tested.
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(b) ENFORCEMENT.—Any person who violates sub-
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section (a) shall be subject to a civil monetary penalty of
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not more than $100 for each such violation.
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(c) DEFINITIONS.—In this section—
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(1) the term ‘‘genetic information’’ has the
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meaning given such term in section 160.103 of title
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45, Code of Federal Regulations (or any successor
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regulations); and
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(2) the term ‘‘incidental’’ means any action
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taken by any person, directly or indirectly, to obtain
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genetic information from an individual, for any pur-
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pose, other than the purpose specifically authorized
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by the living individual from whom the specimen has
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its biological origin or another designated individual
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if the individual is a minor or is incapacitated, or if
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the individual is deceased, the individual’s next of
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kin.
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Æ
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