Sec. 161. NOTIFICATION OF PRIVACY OBLIGATIONS

Not less than annually every person who maintains individual identifiable DNA samples or individual identifiable records containing private genetic information shall notify their employees of their responsibilities under this Act and the penalties for violating them.

Sec. 162. TRANSFER OF OWNERSHIP, DISCONTINUANCE OF SERVICES

(a) ACTIVITIES INVOLVING DNA SAMPLES. -- Any person in possession of individually identifiable DNA samples who intends to discontinue a program, business, enterprise, or service in which such DNA samples were collected, stored, or analyzed or who intends to transfer control of such program, business, enterprise, or service to a person who intends to use such DNA samples for a substantially different purpose than was authorized at the time of collection, storage, or analysis of such DNA samples must:

(1) no less than 45 days prior to the effective date of the discontinuance or transfer of control, mail a notice to the last known address of each sample source or the sample source's representative informing such individuals of the intended change, and

(A) in the case of an intended discontinuance of activities, give the individual the opportunity to direct that the DNA sample be returned to the individual prior to the date on which the discontinuance is effective and informing them of the date on which such direction must be received to effectuate such request; or

(B) in the case of an intended transfer of control, give the individual the option of agreeing to the transfer, or requiring the destruction or return of the DNA sample prior to the effective date of the transfer, and informing the individual of the date on which such a requirement must be received to be effectuated;

(2) In the event that no response is received from the individual by the date specified in the notice, the person in possession of such DNA sample:

(A) in the case of a discontinuance shall destroy such DNA samples; and

(B) in the case of transfer of control shall either;

(i) destroy such DNA samples, or

(ii) remove all individual identifiers from such DNA samples.

(b) RECORDS CONTAINING PRIVATE GENETIC INFORMATION. -- Any person in possession of individually identifiable records that contain private genetic information who intends to discontinue a program, business, enterprise, or service in which the private genetic information was created or obtained, and any person who maintains records other than medical records that contain private genetic information who intends to transfer control of a program, business, enterprise, or service in which the private genetic information was created or obtained shall:

(1) no less than 45 days prior to the effective date of the discontinuance or transfer of control, mail a notice to the last known address of each sample source or the sample source's representative informing such individuals of the intended change, and

(A) in the case of an intended discontinuance, inform the individual of

(i) their right to order return of the records prior to the discontinuance and informing them of the date on which such direction must be received to effectuate such order, or

(B) in the case of an intended transfer of control, provide the name of the person who will be in control of the records after the transfer, and inform the individual of their right to order return of the records to the individual or to a person designated by that individual, or to agree to the intended transfer.

(2) If no response is received from the individual by the date specified in the notice, the person in possession of such records:

(A) in the case of discontinuance, shall

(i) destroy the records, or

(ii) seal and securely store the records for no longer than 3 years; or

(B) in the case of an intended transfer, may proceed with transfer of control of the records.

PART H - - ENFORCEMENT

Sec. 171. CIVIL REMEDIES

(a) PRIVATE RIGHT OF ACTION. -- Any person whose rights under this Act have been violated may maintain a civil action for damages or equitable relief as provided for in this section.

(b) JURISDICTION. -- An action to enforce the liabilities under this section may be brought in the district courts of the United States or a state court of competent jurisdiction.

(c) RELIEF. -- In any action brought under this section, a court may order a person to comply with the provisions of this Act and may order any other appropriate equitable relief.

(d) LIABILITY FOR NEGLIGENT VIOLATIONS. -- Any person who through negligence collects a DNA sample in violation of this Act, analyzes a DNA sample in violation of this Act, or discloses private genetic information in violation of this act, shall be liable to the sample source for each such violation in an amount equal to:

(1) any actual damages sustained as a result of the collection, analysis, or disclosure, or $25,000, whichever is greater; and

(2) in any case where such violation has resulted in profit or monetary gain, treble damages; and

(3) in the case of a successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys' fees as determined by the court.

(e) LIABILITY FOR WILLFUL VIOLATIONS. -- Any person who--

(1) through a request, the use of persuasion, under threat, or with a promise of reward, willfully induces a person to collect a DNA sample in violation of this Act, analyze a DNA sample in violation of this Act, or disclose private genetic information in violation of this Act, or

(2) willfully collects a DNA sample in violation of this Act, willfully analyzes a DNA sample in violation of this Act, or willfully discloses private genetic information in violation of this Act, shall be liable to the sample source for each such violation in an amount equal to:

(A) any actual damages sustained as a result of the collection, analysis, or disclosure, or $50,000, whichever is greater;

(B) punitive damages as the court may allow; and

(C) in the case of a successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys' fees as determined by the court.

(f) STATUTE OF LIMITATIONS. -- Except for subsection (g) any action under this section must be brought within two years of when the alleged violation was or should have been discovered.

(g) TOLLING OF LIMITATIONS. -- If the person entitled to an action under this section is a minor, or is incapacitated by reason of mental illness when the right to bring an action first occurs, the action may be commenced up to 2 years after the disability is removed.

Sec. 172. CIVIL PENALTIES AND INJUNCTIVE RELIEF

Whenever the attorney general has reason to believe that any person is using or is about to use any method, act or practice in violation of the provisions of this Act, and that proceedings would be in the public interest, the attorney general may bring an action against such person to restrain by temporary restraining order or preliminary or permanent injunction the use of such method, act or practice. The action may be brought in the district court of the jurisdiction in which the person resides or has a principal place of business. The court may issue temporary restraining orders or preliminary or permanent injunctions and make such other orders or judgments as may be necessary to prevent harm or to remedy harm suffered by any person as a result of the use or employment of such method, act or practice in violation of this Act. If the court finds that a person has employed any method, act or practice which he knew or should have known to be in violation of this Act, the court may require such person to pay a civil penalty of not more than $50,000 for each such violation and may also require the said person to pay reasonable costs of investigation and litigation of such violation, including reasonable attorneys fees.

PART I - - EFFECTIVE DATES; APPLICABILITY; AND RELATIONSHIP TO OTHER LAWS

Sec. 181. EFFECTIVE DATES

This Act, and the amendments made by this Act, shall take effect on ______________, 199__.

Sec. 182. APPLICABILITY

(a) AUTHORIZATION FOR ANALYSIS OF DNA SAMPLES COLLECTED PRIOR TO EFFECTIVE DATE. -- In order to comply with the provisions of this Act, any person who, prior to the effective date of this Act, is in possession of an individually identifiable DNA sample must, prior to performing any genetic analysis on the DNA samples:

(1) make the disclosures required by section 101 (c); and obtain a written authorization that meets the requirements of section 112; or

(2) take all steps necessary to ensure that the DNA sample is no longer linked to any individual identifier.

(b) AUTHORIZATIONS FOR DISCLOSURES. -- An authorization for the disclosure of private genetic information that is executed before ________, 199__ , and which does not meet the requirements of section 103, but which is valid under State law on_________, 199__ , shall remain valid until thirty days after the effective date of this Act, or the expiration date specified in the authorization, whichever occurs earlier.

Sec. 183. RELATIONSHIP TO OTHER LAWS

(a) No state may establish or enforce any law or regulation concerning the collection, storage, of analysis of DNA samples except to the extent that such law or regulation:

(1) prohibits or further restricts the collection, storage, or analysis of DNA samples; or

(2) provides additional protection to the privacy interests of the individual who is a sample source.

(b) Effective as of the effective date of this Act, no State may establish or enforce any law or regulation concerning the disclosure of private genetic information except to the extent that such law or regulation:

(1) prohibits or further restricts the disclosure of such information;

(2) prohibits or further restricts the use of such information; or

(3) provides additional protection to the privacy interests of the individual who is a sample source or the subject of the genetic information.

(c) Nothing in this Act shall be construed as limiting or prohibiting the pursuit of any other remedies available under common or statutory law in regard to the collection, storage, analysis of DNA samples, and the disclosure of private genetic information.

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File posted May 1995.

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