119-s1916

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1916 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1916

To amend title 11, United States Code, to account for the protection of 
 genetic information in bankruptcy.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 May 22, 2025

 Mr. Cornyn (for himself, Ms. Klobuchar, and Mr. Grassley) introduced 
the following bill; which was read twice and referred to the Committee 
 on the Judiciary

_______________________________________________________________________

 A BILL

To amend title 11, United States Code, to account for the protection of 
 genetic information in bankruptcy.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Don't Sell My DNA Act''.

SEC. 2. AMENDMENTS TO TITLE 11, UNITED STATES CODE, RELATING TO 
 PROTECTION OF GENETIC INFORMATION.

    (a) In General.--Title 11, United States Code, is amended--

    (1) in 

section 101

    (41A)
        (A) --
        (A) in clause
            (v) , by striking ``or'' at the end; 
 and
        (B) by adding at the end the following:
 ``
            (vii) genetic information, as defined in 
 

section 201 of the Genetic Information 
 Nondiscrimination Act of 2008 (42 U.S.C. 
 2000ff); or'';

    (2) in 

section 363--
        (A) in subsection

    (b)

    (1)
        (B) , by striking clause
            (ii) and inserting the following:
 ``
            (ii) finding that no showing was made 
 that such sale or such lease would violate 
 applicable nonbankruptcy law,
 provided, however, that no use, sale, or lease shall be 
 approved if the personally identifiable information 
 consists, in whole or in part, of genetic information 
 (as defined in 

section 201 of the Genetic Information 
 Nondiscrimination Act of 2008 (42 U.S.C. 2000ff)), 
 unless all affected persons, including non-parties, 
 have affirmatively consented in writing to such use, 
 sale, or lease after the commencement of the case.''; 
 and
        (B) by adding at the end the following:
 ``

    (q) Any use, sale, or lease of genetic information (as defined in 

section 201 of the Genetic Information Nondiscrimination Act of 2008 
(42 U.S.C. 2000ff)) shall not be considered final and valid unless each 
person whose genetic information would be subject to such use, sale, or 
lease is provided with actual prior written notice of such use, sale, 
or lease.''; and

    (3) in 

section 1107, by adding at the end the following:
 ``
            (c) A trustee serving in a case under this chapter or debtor in 
possession shall delete, using methods proscribed by the court (which 
may include the Guidelines for Media Sanitization issued by the 
National Institute of Standards and Technology (NIST Special 
Publication 800-88), or any successor thereto), any genetic information 
(as defined in 

section 201 of the Genetic Information Nondiscrimination 
Act of 2008 (42 U.S.C. 2000ff)) that was property of the estate and 
that was not subject to a sale, lease, or other disposition under 

section 363 of this title.''.

    (b) Effective Date.--The amendments made by this section--

    (1) shall take effect on the date of enactment of this Act; 
 and

    (2) shall apply to any case under title 11, United States 
 Code, that is--
        (A) pending as of the date of enactment of this 
 Act; or
        (B) commenced or reopened on or after the date of 
 enactment of this Act.
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