Introduced in Senate

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

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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.

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

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

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

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.''.

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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