12 2 STA T .9 1 3PUBLIC LA W 11 0– 233 —M A Y 21 , 200 8(B) ( i ) the i nd i v id ualpro vide s prior ,k no w in g , voluntar y , and written authori z ation
or (ii) the geneti cm onitoring is re q uired b y F ederal or S tate law; ( C ) the individual is in f ormed of individual monitoring results; ( D ) the monitoring is in compliance with — (i) any Federal genetic monitoring regulations, including any such regulations that may be promul - gated by the Secretary of L abor pursuant to the O ccupational Safety and H ealth A ct of 1970 ( 2 9 U. S.C. 65 1 et seq.), the Federal M ine Safety and Health Act of 1977 ( 3 0 U.S.C. 8 01 et seq.), or the Atomic E nergy Act of 195 4 (42 U.S.C. 2011 et seq.); or (ii) State genetic monitoring regulations, in the case of a State that is implementing genetic monitoring regulations under the authority of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); and (E) the employer, labor organization, or j oint labor- management committee, e x cluding any licensed health care professional or board certified genetic counselor 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 individuals; or (6) where the employer conducts D N A analysis for law enforcement purposes as a forensic laboratory or for purposes of human remains identification, and requests or requires genetic information of such employer ’ s apprentices or trainees, but only to the extent that such genetic information is used for analysis of DNA identification markers for quality control to detect sample contamination. (c) PRES ER VATION O F PROTE C TIONS.— I n the case of information to which any of paragraphs (1) through (6) of subsection (b) applies, such information may not be used in violation of paragraph (1), (2), or (3) of subsection (a) or treated or disclosed in a manner that violates section 206. SEC.206 .C ONFID EN T I AL IT Y OF G ENETIC INFO RM ATION. (a) T REAT M ENT OF INFORMATION AS PART OF CONFI D ENTIA L MEDICAL R ECORD.—If an employer, employment agency, labor organization, or joint labor-management committee possesses genetic information about an employee or member, such information shall be maintained on separate forms and in separate medical files and be treated as a confidential medical record of the employee or member. An employer, employment agency, labor organization, or joint labor-management committee shall be considered to be in compliance with the maintenance of information requirements of this subsection with respect to genetic information subject to this subsection that is maintained with and treated as a confidential medical record under section 102(d)(3)(B) of the Americans W ith Disabilities Act (42 U.S.C. 12112(d)(3)(B)). (b) LIMITATION ON DISCLOS U RE.—An employer, employment agency, labor organization, or joint labor-management committee shall not disclose genetic information concerning an employee or member except— 42USC 2 0 00 f f –5.
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