March 24, 2025
Mr. Burchett (for himself, Mrs. Luna, and Mr. Davidson) introduced the following bill; which was referred to the Committee on Energy and Commerce
To prohibit the disclosure of certain genetic information to the People’s Republic of China, and for other purposes.
Section 1. Short title
This Act may be cited as the American Genetic Privacy Act of 2025
.
Sec. 2. Prohibition on disclosure of certain genetic information to People’s Republic of China
(a) Prohibitions
(1) Sales
No individual or entity may sell or offer for sale covered information, including aggregated covered information—
(A)
to the People’s Republic of China; or
(B)
to any entity under the influence, control, or ownership of the People’s Republic of China.
(2) Disclosures by commercial DNA testing services
No commercial DNA testing service may disclose, in any manner, covered information, including aggregated covered information—
(A)
to the People’s Republic of China; or
(B)
to any entity under the influence, control, or ownership of the People’s Republic of China.
(b) Enforcement by Federal Trade Commission
(1) 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.
(2) 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.
(c) Definitions
In this section:
(1) Commercial DNA testing service
The term commercial DNA testing service means a person that provides genealogical or ancestry-related information based on an individual’s DNA.
(2) Covered information
The term covered information means the genetic information of an individual that was originally acquired from such individual through the use, by such individual, of a commercial DNA testing service.
(3) Genetic information
The term genetic information means, with respect to any individual, information about such individual’s genetic tests.
(4) 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).