“To amend title 11, United States Code, to account for the protection of genetic information in bankruptcy.”
No CRS summary available for this bill.
This section amends the Bankruptcy Code to protect genetic information (as defined in section 201 of the Genetic Information Nondiscrimination Act of 2008) in bankruptcy cases by (1) adding it to the list in the definition of unexpired lease under 11 U.S.C. §101(41A)(A); (2) prohibiting approval under §363(b)(1)(B)(ii) of any use, sale, or lease of personally identifiable information that consists in whole or part of genetic information unless all affected persons (including non-parties) affirmatively consent in writing after case commencement, and requiring under new §363(q) actual prior written notice to each affected person for any such disposition to be valid; and (3) requiring under new §1107(c) a trustee or debtor in possession to delete, using court-prescribed methods (which may include National Institute of Standards and Technology Special Publication 800-88 guidelines or successor), any estate genetic information not disposed of under §363. The amendments take effect on enactment and apply to cases pending or commenced or reopened on or after such date.