Section 1 Short title
This Act may be cited as the “American Genetic Privacy Act of 2023”.
American Genetic Privacy Act of 2023
A BILL
To prohibit commercial DNA testing services from disclosing the genetic information of United States nationals to foreign entities, and for other purposes.
Sec. 2 Prohibition on disclosing genetic information to China
Prohibition— A commercial DNA testing service may not disclose the genetic information of any individual, or any aggregate of such information, to the People’s Republic of China, or to any entity under the influence, control, or ownership of the People’s Republic of China.
Enforcement by Federal Trade Commission—
Unfair or deceptive acts or practices— A violation of this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
Powers of Commission— The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made part of this section. Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.
Definitions— In this section:
Commercial DNA testing service— The term commercial DNA testing service means any person that provides genealogical or ancestry-related information based on an individual’s DNA.
Genetic information— The term genetic information means, with respect to any individual, information about such individual’s genetic tests.
Genetic test— The term genetic test has the meaning given such term by section 201 of the Genetic Information Nondiscrimination Act of 2008 (Public Law 110–233; 42 U.S.C. 2000ff).