12 2 STA T .9 19 PUBLIC LA W 11 0– 2 3 3 —M A Y 21 , 200 8(B)providef ore n for c e m en t of , or pen al tie s for violation of, an y re qu irement or pro h i b ition applicable to any employer, employment a g ency, labor organi z ation, or j oint labor - manage- ment committee subject to enforcement for a violation under — (i) the amendments made by title I of this A ct
(ii)(I) subsection (a) of section 701 of the E mployee R etirement Income S ecurity Act of 1 9 7 4 as such section applies w ith respect to genetic information pursuant to subsection (b)(1)(B) of such section; (II) section 70 2 (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 P ublic H ealth 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 9 8 01 of the Internal Revenue C ode of 198 6 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 e x pand the protections, rights, or obligations of employees or employers under applicable wor k ers ’ compensa- tion 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 O ccupational Safety and Health Administration or the M ine 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) GEN E TIC IN FORMA TION OF A FET US OR EM B R Y O.—Any ref- erence 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 Ap p licab ili ty.
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