United States HR 5154: American Genetic Privacy Act of 2021

Bill Text

I 
117THCONGRESS 
1
STSESSION 
H. R. 5154 
To  prohibit  commercial  DNA  testing  services  from  disclosing  the  genetic  
information  of  United  States  nationals  to  foreign  entities,  and  for  other  
purposes. 
IN  THE  HOUSE  OF  REPRESENTATIVES  
SEPTEMBER3, 2021 
Mr. B
URCHETTintroduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A  BILL  
To  prohibit  commercial  DNA  testing  services  from  disclosing  
the  genetic  information  of  United  States  nationals  to  
foreign entities, and for other purposes. 
Be  it  enacted  by  the  Senate  and  House  of  Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘American Genetic Pri-4
vacy Act of 2021’’. 5
SEC.  2.  PROHIBITION  ON  DISCLOSING  GENETIC  INFORMA-6
TION TO CHINA. 7
(a)  P
ROHIBITION.—A  commercial  DNA  testing  serv-8
ice  may  not  disclose  the  genetic  information  of  any  indi-9
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•HR  5154  IH
vidual,  or  any  aggregate  of  such  information,  to  the  Peo-1
ple’s  Republic  of  China,  or  to  any  entity  under  the  influ-2
ence,  control,  or  ownership  of  the  People’s  Republic  of  3
China. 4
(b)  E
NFORCEMENT   BYFEDERALTRADECOMMIS-5
SION.— 6
(1)   U
NFAIR   OR   DECEPTIVE   ACTS   OR   PRAC-7
TICES.—A  violation  of  this  section  or  a  regulation  8
promulgated  under  this  section  shall  be  treated  as  a  9
violation  of  a  regulation  under  section  18(a)(1)(B)  10
of  the  Federal  Trade  Commission  Act  (15  U.S.C.  11
57a(a)(1)(B))  regarding  unfair  or  deceptive  acts  or  12
practices. 13
(2)   P
OWERS    OF    COMMISSION.—The   Federal   14
Trade  Commission  shall  enforce  this  section  and  the  15
regulations  promulgated  under  this  section  in  the  16
same  manner,  by  the  same  means,  and  with  the  17
same  jurisdiction,  powers,  and  duties  as  though  all  18
applicable terms and provisions of the Federal Trade 19
Commission  Act  (15  U.S.C.  41  et  seq.)  were  incor-20
porated  into  and  made  part  of  this  section.  Any  per-21
son  who  violates  this  section  or  a  regulation  promul-22
gated  under  this  section  shall  be  subject  to  the  pen-23
alties  and  entitled  to  the  privileges  and  immunities  24
provided in the Federal Trade Commission Act. 25
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•HR  5154  IH
(c) DEFINITIONS.—In this section: 1
(1)  C
OMMERCIAL  DNA  TESTING  SERVICE.—The 2
term  ‘‘commercial  DNA  testing  service’’  means  any  3
person  that  provides  genealogical  or  ancestry-related  4
information based on an individual’s DNA. 5
(2)   G
ENETIC   INFORMATION.—The   term   ‘‘ge-6
netic  information’’  means,  with  respect  to  any  indi-7
vidual,  information  about  such  individual’s  genetic  8
tests. 9
(3)  G
ENETIC   TEST.—The  term  ‘‘genetic  test’’  10
has  the  meaning  given  such  term  by  section  201  of  11
the  Genetic  Information  Nondiscrimination  Act  of  12
2008 (Public Law 110–233; 42 U.S.C. 2000ff). 13
Æ 
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