H.R.2286 - American Genetic Privacy Act of 2025 (119th Congress)
Summary
H.R.2286, the American Genetic Privacy Act of 2025, aims to prevent the disclosure of certain genetic information to the People's Republic of China (PRC). The bill prohibits the sale or disclosure of covered genetic information by individuals, entities, and commercial DNA testing services to the PRC or entities under its control. The Federal Trade Commission (FTC) would enforce the act, treating violations as unfair or deceptive practices.
The bill defines key terms such as "commercial DNA testing service," "covered information," and "genetic information," referencing the Genetic Information Nondiscrimination Act of 2008 for the definition of "genetic test." This legislation seeks to safeguard Americans' genetic data from potential misuse by a foreign power.
The bill was introduced in the House of Representatives on March 24, 2025, and referred to the Committee on Energy and Commerce.
Expected Effects
The primary effect of this bill, if enacted, would be to restrict the flow of Americans' genetic data to the People's Republic of China. Commercial DNA testing services would face penalties for non-compliance, potentially leading to increased security measures and consumer awareness.
This could also lead to increased scrutiny of data-sharing practices within the genetic testing industry. It may also prompt similar legislation concerning data security with other nations.
Potential Benefits
- Protection of Sensitive Data: Prevents potential misuse of Americans' genetic information by a foreign government.
- Enhanced Privacy: Reinforces individual privacy rights regarding genetic data.
- National Security: Reduces the risk of foreign intelligence agencies acquiring sensitive health-related information.
- Consumer Confidence: May increase consumer trust in commercial DNA testing services due to enhanced data protection measures.
- FTC Enforcement: Leverages the FTC's existing authority to ensure compliance and deter violations.
Potential Disadvantages
- Compliance Costs: Commercial DNA testing services may incur costs to implement necessary security measures.
- Limited Scope: The bill focuses solely on the PRC, potentially overlooking other entities or nations that could pose similar risks.
- Enforcement Challenges: The FTC may face challenges in identifying and prosecuting violations, particularly those involving complex corporate structures or international transactions.
- Potential for Retaliation: The PRC could potentially retaliate with similar restrictions on data sharing or other economic measures.
- Impact on Research: Restrictions on data sharing could potentially hinder genetic research collaborations between US and Chinese scientists, although this is not the primary intent.
Constitutional Alignment
The bill appears to align with the US Constitution, particularly in its implied focus on national security and the general welfare of the American people, as stated in the Preamble. The Commerce Clause (Article I, Section 8, Clause 3) grants Congress the power to regulate commerce with foreign nations, which could be interpreted to include regulating the sale and disclosure of genetic information to foreign entities.
Furthermore, the enforcement mechanism through the Federal Trade Commission Act is consistent with Congress's power to delegate regulatory authority to administrative agencies. The bill does not appear to infringe upon any specific constitutional rights, such as freedom of speech or religion (First Amendment), as it primarily regulates commercial activities related to genetic data.
However, potential legal challenges could arise if the restrictions are deemed overly broad or unduly burdensome on interstate or foreign commerce.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).