Genetic Nondiscrimination in Employment: A Comparison of Title II Provisions in S. 358 and H.R. 493, 110th Congress

Genetic Nondiscrimination in Employment:
A Comparison of Title II Provisions in
th
S. 358 and H.R. 493, 110 Congress
Updated March 12, 2008
Nancy Lee Jones
Legislative Attorney
American Law Division



Genetic Nondiscrimination in Employment:
A Comparison of Title II Provisions in
S. 358 and H.R. 493, 110th Congress
Summary
H.R. 493, 110th Congress, the Genetic Information Nondiscrimination Act
(GINA), passed the House on April 25, 2007. On March 5, 2008, the text of H.R.
493 as passed by the House was added to the Paul Wellstone Mental Health and
Addiction Equity Act of 2007 (H.R. 1424) in the engrossment of H.R. 1424. Theth
Senate bill, S. 358, 110 Congress, was reported out of the Senate Health, Education,
Labor, and Pensions Committee on March 29, 2007, and is currently awaiting Senate
action. This report compares the provisions of H.R. 493 and S. 358 relating to
GINA’s prohibition of genetic discrimination in employment.



Contents
In troduction ......................................................1
Overview of Differences in S. 358 and H.R. 493.........................1
List of Tables
Table 1. Prohibiting Employment Discrimination on the Basis
of Genetic Information (Title II)..................................3



Genetic Nondiscrimination in Employment:
A Comparison of Title II Provisions in
th
S. 358 and H.R. 493, 110 Congress
Introduction
H.R. 493, 110th Congress, the Genetic Information Nondiscrimination Act
(GINA), passed the House on April 25, 2007. On March 5, 2008, the text of H.R.
493 as passed by the House was added to the Paul Wellstone Mental Health and
Addiction Equity Act of 2007 (H.R. 1424) in the engrossment of H.R. 1424. The
Senate bill, S. 358, 110th Congress, was reported out of the Senate Health, Education,
Labor, and Pensions Committee on March 29, 2007, and is currently awaiting Senate
action. This report compares the provisions of H.R. 493 and S. 358 relating to
GINA’s prohibition of genetic discrimination in employment.1
Overview of Differences in S. 358 and H.R. 493
Both the House and Senate versions of GINA prohibit discrimination in
employment because of genetic information and, with certain exceptions, prohibit an
employer from requesting, requiring, or purchasing genetic information. The House
and Senate versions of GINA are similar in many respects; however, there are several
significant differences. For example, the employment sections of the bills contain
differing versions of the definitions of “family member”2 and “genetic information.”3
Generally, where the employment provisions describe unlawful employment
practices, S. 358 includes a prohibition against discrimination on the basis of
“information about a request for or the receipt of genetic services by such employee
or family member of such employee,”4 whereas the House version does not explicitly
include this prohibition. The House bill contains an exception to the prohibition of
discrimination regarding DNA analysis for law enforcement purposes,5 which does
not have a parallel provision in the Senate bill.


1 All references to the House and Senate bills are to S. 358, as reported, and H.R. 493, as
passed. The title I insurance provision of GINA is discussed in a companion report: CRS
Report RL33988, Genetic Nondiscrimination in Health Insurance: A Side-by-Side
Comparison of the Title I Provision in H.R. 493 and S. 358, by C. Stephen Redhead.
2 Section 201(3), S. 358, as reported; Section 201(3), H.R. 493, as passed.
3 Section 201(4), S. 358, as reported; Section 201(4), H.R. 493, as passed.
4 Sections 202(a), 203(a), 204(a), and 205(a), S. 358, as reported.
5 Sections 202(b)(6), 205(b)(6), H.R. 493, as passed.

Section 206 of both S. 358 and H.R. 493 provides for the treatment of genetic
information as part of a confidential medical record. The House bill, but not the
Senate bill, provides that an employer, employment agency, labor organization, or
joint labor-management committee “shall be considered to be in compliance with the
maintenance of information requirements of this subsection with respect to genetic
information subject to this subsection that is maintained with and treated as a
confidential medical record under section 102(d)(3)(B) of the Americans with
Disabilities Act...”6 The House bill, but not the Senate bill, also contains a provision
relating to the Health Insurance Portability and Accountability Act (HIPAA) stating:
“this title does not prohibit a covered entity under such regulations from any use or
disclosure of health information that is authorized for the covered entity under such
regulations. The previous sentence does not affect the authority of such Secretary to
modify such regulations.”7
H.R. 493, but not S. 358, adds a provision relating to the genetic information of
a fetus or embryo. The House bill provides that references to genetic information
include genetic information on a fetus carried by a pregnant woman and, with respect
to an individual utilizing assisted reproductive technology, includes genetic
information of any embryo legally held by the individual or family member.8


6 Section 206(a), H.R. 493, as passed.
7 Section 206(c), H.R. 493, as passed.
8 Section 209(b), H.R. 493, as passed.

CRS-3
Table 1. Prohibiting Employment Discrimination on the Basis of
Genetic Information (Title II)
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(1) COMMISSION- The term “Commission” means the EqualSame as Senate subsection 201(1).
Employment Opportunity Commission as created by section 705
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4).
(A) IN GENERAL- The term “employee” means — Same as Senate subsection 201(2)(A).
(i) an employee (including an applicant), as defined in section

701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f));


iki/CRS-RL33987(ii) a State employee (including an applicant) described in section
g/w304(a) of the Government Employee Rights Act of 1991 (42
s.orU.S.C. 2000e-16c(a));
leak(iii) a covered employee (including an applicant), as defined in
://wikisection 101 of the Congressional Accountability Act of 1995 (2U.S.C. 1301);
http(iv) a covered employee (including an applicant), as defined in
section 411(c) of title 3, United States Code; or
(v) an employee or applicant to which section 717(a) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies.
(B) EMPLOYER- The term “employer” means — Same as Senate subsection 201(2)(B).


(i) an employer (as defined in section 701(b) of the Civil Rights
Act of 1964 (42 U.S.C. 2000e(b));
(ii) an entity employing a State employee described in section

304(a) of the Government Employee Rights Act of 1991;


(iii) an employing office, as defined in section 101 of the

CRS-4
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
Congressional Accountability Act of 1995;
(iv) an employing office, as defined in section 411(c) of title 3,
United States Code; or
(v) an entity to which section 717(a) of the Civil Rights Act of

1964 applies.


ion 201(2)(C-D)(C) EMPLOYMENT AGENCY; LABOR ORGANIZATION- TheSame as Senate subsections 201(2)(C-D).
terms “employment agency” and “labor organization” have the
meanings given the terms in section 701 of the Civil Rights Act of

1964 (42 U.S.C. 2000e).


iki/CRS-RL33987
g/w(D) MEMBER- The term “member,” with respect to a labor
s.ororganization, includes an applicant for membership in a labor
leakorganization.
://wiki(3) Family Member. — The term “family member” means with(3) Family Member. — The term “family member” means
httprespect to an individual — with respect to an individual —
(A) the spouse of the individual;(A)a dependent (as such term is used for purposes of section
(B) a dependent child of the individual, including a child who is701(f)(2) of the Employee Retirement Income Security Act
born to or placed for adoption with the individual; and of 1974) of such individual; and
(C) all other individuals related by blood to the individual or the(B) any other individual who is a first-degree, second-
spouse or child described in subparagraph (A) or (B).degree, third-degree, or fourth-degree relative of an
individual described in subparagraph (A).
(4) Genetic Information. — (4) Genetic Information. —
(A) In general. — Except as provided in subparagraph (B), the(A) In general. — The term “genetic information” means,
term “genetic information” means information about — with respect to any individual, information about —
(i) an individual’s genetic tests;(i) such individual’s genetic tests;



CRS-5
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(ii) the genetic tests of family members of the individual; or(ii) the genetic tests of family members of such individual;
(iii) the occurrence of a disease or disorder in family members ofand
the individual.(iii) subject to subparagraph (D), the manifestation of a
(B) Exceptions. — The term “genetic information” shall notdisease or disorder in family members of such individual.
include information about the sex or age of an individual.(B) Inclusion of Genetic Services. — Such term includes,
with respect to any individual, any request for, or receipt of,
genetic services (including genetic services received
pursuant to participation in clinical research) by such
individual or any family member of such individual.
(C) Exclusions. — The term “genetic information” shall not
iki/CRS-RL33987include information about the sex or age of any individual.
g/w
s.or(5) GENETIC MONITORING- The term “genetic monitoring”Same as Senate subsections 201(5).
leakmeans the periodic examination of employees to evaluate acquired
modifications to their genetic material, such as chromosomal
://wikidamage or evidence of increased occurrence of mutations, that
httpmay have developed in the course of employment due to exposure
to toxic substances in the workplace, in order to identify, evaluate,
and respond to the effects of or control adverse environmental
exposures in the workplace.
(6) GENETIC SERVICES- The term “genetic services” means — (6) GENETIC SERVICES- The term “genetic services”
(A) a genetic test;means —
(B) genetic counseling (such as obtaining, interpreting or(A) a genetic test;
assessing genetic information); or(B) genetic counseling (including obtaining, interpreting, or
(C) genetic education.assessing genetic information); or
(C) genetic education.



CRS-6
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(7) GENETIC TEST- (7) GENETIC TEST-
(A) IN GENERAL- The term “genetic test” means the analysis of(A) IN GENERAL- The term “genetic test” means an
human DNA, RNA, chromosomes, proteins, or metabolites, thatanalysis of human DNA, RNA, chromosomes, proteins, or
detects genotypes, mutations, or chromosomal changes.metabolites, that detects genotypes, mutations, or
(B) EXCEPTION- The term “genetic test” does not mean anchromosomal changes.
analysis of proteins or metabolites that does not detect genotypes,(B) EXCEPTIONS- The term “genetic test” does not mean
mutations, or chromosomal changes.an analysis of proteins or metabolites that does not detect
genotypes, mutations, or chromosomal changes.
(a) Use of Genetic Information. — It shall be an unlawful(a) Discrimination Based on Genetic Information. — It shall
iki/CRS-RL33987employment practice for an employer — be an unlawful employment practice for an employer —
g/w(1) to fail or refuse to hire or to discharge any employee, or(1) to fail or refuse to hire or to discharge any employee, or
s.orotherwise to discriminate against any employee with respect to theotherwise to discriminate against any employee with respect
leakcompensation, terms, conditions, or privileges of employment ofto the compensation, terms, conditions, or privileges of
the employee, because of genetic information with respect to theemployment of the employee, because of genetic
://wikiemployee (or information about a request for or the receipt ofinformation with respect to the employee or
httpgenetic services by such employee or family member of such(2) to limit, segregate, or classify the employees of the
employee); oremployer in any way that would deprive or tend to deprive
(2) to limit, segregate, or classify the employees of the employerany employee of employment opportunities or otherwise
in any way that would deprive or tend to deprive any employee ofadversely affect the status of the employee as an employee,
employment opportunities or otherwise adversely affect the statusbecause of genetic information with respect to the employee.


of the employee as an employee, because of genetic information
with respect to the employee (or information about a request for or
the receipt of genetic services by such employee or family
member of such employee).

CRS-7
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(b)Acquisition of Genetic Information. — It shall be an unlawful(b)Acquisition of Genetic Information. — It shall be an
employment practice for an employer to request, require, orunlawful employment practice for an employer to request,
purchase genetic information with respect to an employee or arequire, or purchase genetic information with respect to an
family member of the employee (or information about a requestemployee or a family member of the employee except —
for the receipt of genetic services by such employee or a family
member of such employee) except —
(2)(1) where an employer inadvertently requests or requires familySame as Senate subsections 202(b)(1)-(2).


medical history of the employee or family member of the
employee;
iki/CRS-RL33987(2) where —
g/w(A) health or genetic services are offered by the employer,
s.orincluding such services offered as part of a bona fide wellness
leakprogram;
(B) the employee provides prior, knowing, voluntary, and written
://wikiauthorization;
http(C) only the employee (or family member if the family member is
receiving genetic services) and the licensed health care
professional or board certified genetic counselor involved in
providing such services receive individually identifiable
information concerning the results of such services; and
(D) any individually identifiable genetic information provided
under subparagraph (C) in connection with the services provided
under subparagraph (A) is only available for purposes of such
services and shall not be disclosed to the employer except in
aggregate terms that do not disclose the identity of specific
employees;

CRS-8
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(4)(3) where an employer requests or requires family medical historySame as Senate subsections 202(b)(3)-(4).
from the employee to comply with the certification provisions of
section 103 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2613) or such requirements under State family and medical
leave laws;
(4) where an employer purchases documents that are
commercially and publicly available (including newspapers,
magazines, periodicals, and books, but not including medical
databases or court records) that include family medical history; or
iki/CRS-RL33987(D)(5) where the information involved is to be used for geneticSame as Senate subsection 202(b)(5) except the word “or” is
g/wmonitoring of the biological effects of toxic substances in theadded at the end of the subsection.


s.orworkplace, but only if —
leak(A) the employer provides written notice of the genetic
monitoring to the employee;
://wiki(B)(i) the employee provides prior, knowing, voluntary, and
httpwritten authorization; or
(ii) the genetic monitoring is required by Federal or State law;
(C) the employee is informed of individual monitoring results;
(D) the monitoring is in compliance with —
(i) any Federal genetic monitoring regulations, including any such
regulations that may be promulgated by the Secretary of Labor
pursuant to the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.), the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 801 et seq.), or the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.); or
(ii) State genetic monitoring regulations, in the case of a State that

CRS-9
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
is implementing genetic monitoring regulations under the
authority of the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.); and
(E) the employer, excluding any licensed health care professionalSame as Senate subsection 202(b)(5) except the word “or” is
or board certified genetic counselor that is involved in the geneticadded at the end of the subsection.
monitoring program, receives the results of the monitoring only in
aggregate terms that do not disclose the identity of specific
employees;
iki/CRS-RL33987ion 202(b)(6)No comparable provision(6) where the employer conducts DNA analysis for lawenforcement purposes as a forensic laboratory, includes such
g/wanalysis in the Combined DNA Index System pursuant to
s.orsection 210304 of the Violent Crime Control and Law
leakEnforcement Act of 1994 (42 U.S.C. 14132), and requests or
://wikirequires genetic information of such employer’s employees,
httpbut only to the extent that such genetic information is used
for analysis of DNA identification markers for quality
control to detect sample contamination.
(c) Preservation of Protections. — In the case of information to(c) Preservation of Protections. — In the case of information
which any of paragraphs (1) through (5) of subsection (b) applies,to which any of paragraphs (1) through (6) of subsection (b)
such information may not be used in violation of paragraph (1) orapplies, such information may not be used in violation of
(2) of subsection (a) or treated or disclosed in a manner thatparagraph (1) or (2) of subsection (a) or treated or disclosed
violates section 206.in a manner that violates section 206.
(a) Use of Genetic Information- It shall be an unlawful(a) Discrimination Based on Genetic Information.- It shall be
employment practice for an employment agency — an unlawful employment practice for an employment agency
(1) to fail or refuse to refer for employment, or otherwise to —



CRS-10
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
discriminate against, any individual because of genetic(1) to fail or refuse to refer for employment, or otherwise to
information with respect to the individual (or information about adiscriminate against, any individual because of genetic
request for or the receipt of genetic services by such individual orinformation with respect to the individual;
family member of such individual);(2) to limit, segregate, or classify individuals or fail or refuse
(2) to limit, segregate, or classify individuals or fail or refuse toto refer for employment any individual in any way that
refer for employment any individual in any way that wouldwould deprive or tend to deprive any individual of
deprive or tend to deprive any individual of employmentemployment opportunities, or otherwise adversely affect the
opportunities, or otherwise adversely affect the status of thestatus of the individual as an employee, because of genetic
individual as an employee, because of genetic information withinformation with respect to the individual; or
respect to the individual (or information about a request for or the(3) to cause or attempt to cause an employer to discriminate
iki/CRS-RL33987receipt of genetic services by such individual or family member ofagainst an individual in violation of this title.
g/wsuch individual); or
s.or(3) to cause or attempt to cause an employer to discriminate
leakagainst an individual in violation of this title.
://wiki(b) Acquisition of Genetic Information- It shall be an unlawful(b) Acquisition of Genetic Information- It shall be an
httpemployment practice for an employment agency to request,unlawful employment practice for an employment agency to
require, or purchase genetic information with respect to anrequest, require, or purchase genetic information with
individual or a family member of the individual (or informationrespect to an individual or a family member of the individual
about a request for the receipt of genetic services by suchexcept —
individual or a family member of such individual) except — (1) where an employment agency inadvertently requests or
(1) where an employment agency inadvertently requests orrequires family medical history of the individual or family
requires family medical history of the individual or familymember of the individual;


member of the individual;

CRS-11
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(2) where — Same as Senate subsection 203(b)(2).
(A) health or genetic services are offered by the employment
agency, including such services offered as part of a bona fide
wellness program;
(B) the individual provides prior, knowing, voluntary, and written
authorization;
(C) only the individual (or family member if the family member is
receiving genetic services) and the licensed health care
professional or board certified genetic counselor involved in
providing such services receive individually identifiable
iki/CRS-RL33987information concerning the results of such services; and
g/w(D) any individually identifiable genetic information provided
s.orunder subparagraph (C) in connection with the services provided
leakunder subparagraph (A) is only available for purposes of such
://wikiservices and shall not be disclosed to the employment agency
httpexcept in aggregate terms that do not disclose the identity ofspecific individuals;
(4)(3) where an employment agency requests or requires familySame as Senate subsections 203(b)(3)-(4).


medical history from the individual to comply with the
certification provisions of section 103 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2613) or such requirements under
State family and medical leave laws;
(4) where an employment agency purchases documents that are
commercially and publicly available (including newspapers,
magazines, periodicals, and books, but not including medical
databases or court records) that include family medical history; or

CRS-12
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(D)(5) where the information involved is to be used for geneticSame as Senate subsection 203(b)(5)(A)-(D).
monitoring of the biological effects of toxic substances in the
workplace, but only if —
(A) the employment agency provides written notice of the genetic
monitoring to the individual;
(B)(i) the individual provides prior, knowing, voluntary, and
written authorization; or (ii) the genetic monitoring is required by
Federal or State law;
(C) the individual is informed of individual monitoring results;
(D) the monitoring is in compliance with —
iki/CRS-RL33987(i) any Federal genetic monitoring regulations, including any such
g/wregulations that may be promulgated by the Secretary of Labor
s.orpursuant to the Occupational Safety and Health Act of 1970 (29
leakU.S.C. 651 et seq.), the Federal Mine Safety and Health Act of
://wiki1977 (30 U.S.C. 801 et seq.), or the Atomic Energy Act of 1954
http(42 U.S.C. 2011 et seq.); or(ii) State genetic monitoring regulations, in the case of a State that
is implementing genetic monitoring regulations under the
authority of the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.); and
(E) the employment agency, excluding any licensed health careSame as Senate subsection 203(b)(5)(E).


professional or board certified genetic counselor that is involved
in the genetic monitoring program, receives the results of the
monitoring only in aggregate terms that do not disclose the
identity of specific individuals;

CRS-13
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(c) Preservation of Protections- In the case of information to(c) Preservation of Protections- In the case of information to
which any of paragraphs (1) through (5) of subsection (b) applies,which any of paragraphs (1) through (5) of subsection (b)
such information may not be used in violation of paragraph (1) orapplies, such information may not be used in violation of
(2) of subsection (a) or treated or disclosed in a manner thatparagraph (1) , (2) or (3) of subsection (a) or treated or
violates section 206.disclosed in a manner that violates section 206.
(a) Use of Genetic Information- It shall be an unlawful(a) Discrimination Based on Genetic Information. — It shall
employment practice for a labor organization — be an unlawful employment practice for a labor organization
(1) to exclude or to expel from the membership of the—
organization, or otherwise to discriminate against, any member(1) to exclude or to expel from the membership of the
iki/CRS-RL33987because of genetic information with respect to the member (ororganization, or otherwise to discriminate against, any
g/winformation about a request for or the receipt of genetic servicesmember because of genetic information with respect to the
s.orby such member or family member of such member);member;
leak(2) to limit, segregate, or classify the members of the(2) to limit, segregate, or classify the members of the
organization, or fail or refuse to refer for employment anyorganization, or fail or refuse to refer for employment any
://wikimember, in any way that would deprive or tend to deprive anymember, in any way that would deprive or tend to deprive
httpmember of employment opportunities, or otherwise adverselyany member of employment opportunities, or otherwise
affect the status of the member as an employee, because of geneticadversely affect the status of the member as an employee,
information with respect to the member (or information about abecause of genetic information with respect to the member;
request for or the receipt of genetic services by such member oror
family member of such member); or(3) to cause or attempt to cause an employer to discriminate
(3) to cause or attempt to cause an employer to discriminateagainst a member in violation of this title.


against a member in violation of this title.

CRS-14
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(b) Acquisition of Genetic Information- It shall be an unlawful(b) Acquisition of Genetic Information- It shall be an
employment practice for a labor organization to request, require,unlawful employment practice for a labor organization to
or purchase genetic information with respect to a member or arequest, require, or purchase genetic information with
family member of the member (or information about a request forrespect to a member or a family member of the member
the receipt of genetic services by such member or a familyexcept —
member of such member) except — (1) where a labor organization inadvertently requests or
(1) where a labor organization inadvertently requests or requiresrequires family medical history of the member or family
family medical history of the member or family member of themember of the member;
member;
iki/CRS-RL33987(2) where — Same as Senate subsection 204(b)(2).


g/w(A) health or genetic services are offered by the labor
s.ororganization, including such services offered as part of a bona fide
leakwellness program;
(B) the member provides prior, knowing, voluntary, and written
://wikiauthorization;
http(C) only the member (or family member if the family member is
receiving genetic services) and the licensed health care
professional or board certified genetic counselor involved in
providing such services receive individually identifiable
information concerning the results of such services; and
(D) any individually identifiable genetic information provided
under subparagraph (C) in connection with the services provided
under subparagraph (A) is only available for purposes of such
services and shall not be disclosed to the labor organization except
in aggregate terms that do not disclose the identity of specific
members;

CRS-15
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(4)(3) where a labor organization requests or requires family medicalSame as Senate subsections 204(b)(3)-(4).
history from the members to comply with the certification
provisions of section 103 of the Family and Medical Leave Act of
1993 (29 U.S.C. 2613) or such requirements under State family
and medical leave laws;
(4) where a labor organization purchases documents that are
commercially and publicly available (including newspapers,
magazines, periodicals, and books, but not including medical
databases or court records) that include family medical history; or
(D)(5) where the information involved is to be used for geneticSame as Senate subsection 204(b)(5)(A)-(D).


monitoring of the biological effects of toxic substances in the
iki/CRS-RL33987workplace, but only if —
g/w(A) the labor organization provides written notice of the genetic
s.ormonitoring to the member;
leak(B)(i) the member provides prior, knowing, voluntary, and written
authorization; or
://wiki(ii) the genetic monitoring is required by Federal or State law;
http(C) the member is informed of individual monitoring results;
(D) the monitoring is in compliance with —
(i) any Federal genetic monitoring regulations, including any such
regulations that may be promulgated by the Secretary of Labor
pursuant to the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.), the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 801 et seq.), or the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.); or
(ii) State genetic monitoring regulations, in the case of a State that
is implementing genetic monitoring regulations under the
authority of the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.); and

CRS-16
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(E) the labor organization, excluding any licensed health careSame as Senate subsection 204(b)(5)(E).
professional or board certified genetic counselor that is involved
in the genetic monitoring program, receives the results of the
monitoring only in aggregate terms that do not disclose the
identity of specific members;
(c) Preservation of Protections- In the case of information to(c) Preservation of Protections- In the case of information to
which any of paragraphs (1) through (5) of subsection (b) applies,which any of paragraphs (1) through (5) of subsection (b)
such information may not be used in violation of paragraph (1) orapplies, such information may not be used in violation of
(2) of subsection (a) or treated or disclosed in a manner thatparagraph (1), (2), or (3) of subsection (a) or treated or
violates section 206.disclosed in a manner that violates section 206.
(a) Use of Genetic Information- It shall be an unlawful(a) Discrimination Based on Genetic Information- It shall be
iki/CRS-RL33987employment practice for any employer, labor organization, oran unlawful employment practice for any employer, labor
g/wjoint labor-management committee controlling apprenticeship ororganization, or joint labor-management committee
s.orother training or retraining, including on-the-job trainingcontrolling apprenticeship or other training or retraining,
leakprograms — including on-the-job training programs —
://wiki(1) to discriminate against any individual because of geneticinformation with respect to the individual (or information about a(1) to discriminate against any individual because of geneticinformation with respect to the individual in admission to, or
httprequest for or the receipt of genetic services by such individual oremployment in, any program established to provide
a family member of such individual) in admission to, orapprenticeship or other training or retraining;
employment in, any program established to provide(2) to limit, segregate, or classify the applicants for or
apprenticeship or other training or retraining;participants in such apprenticeship or other training or
(2) to limit, segregate, or classify the applicants for or participantsretraining, or fail or refuse to refer for employment any
in such apprenticeship or other training or retraining, or fail orindividual, in any way that would deprive or tend to deprive
refuse to refer for employment any individual, in any way thatany individual of employment opportunities, or otherwise
would deprive or tend to deprive any individual of employmentadversely affect the status of the individual as an employee,
opportunities, or otherwise adversely affect the status of thebecause of genetic information with respect to the
individual as an employee, because of genetic information withindividual; or
respect to the individual (or information about a request for or(3) to cause or attempt to cause an employer to discriminate



CRS-17
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
receipt of genetic services by such individual or family member ofagainst an applicant for or a participant in such
such individual); orapprenticeship or other training or retraining in violation of
(3) to cause or attempt to cause an employer to discriminatethis title.
against an applicant for or a participant in such apprenticeship or
other training or retraining in violation of this title.
(b) Acquisition of Genetic Information- It shall be an unlawful(b) Acquisition of Genetic Information- It shall be an
employment practice for an employer, labor organization, or jointunlawful employment practice for an employer, labor
labor-management committee described in subsection (a) toorganization, or joint labor-management committee
request, require, or purchase genetic information with respect todescribed in subsection (a) to request, require, or purchase
an individual or a family member of the individual (or informationgenetic information with respect to an individual or a family
about a request for the receipt of genetic services by suchmember of the individual except —
iki/CRS-RL33987individual or a family member of such individual) except — (1) where the employer, labor organization, or joint
g/w(1) where the employer, labor organization, or jointlabor-management committee inadvertently requests or
s.orlabor-management committee inadvertently requests or requiresrequires family medical history of the individual or family
leakfamily medical history of the individual or family member of themember of the individual;
individual;
://wiki(2) where — Same as Senate subsection 205(b)(2).


http(A) health or genetic services are offered by the employer, labor
organization, or joint labor-management committee, including
such services offered as part of a bona fide wellness program;
(B) the individual provides prior, knowing, voluntary, and written
authorization;
(C) only the individual (or family member if the family member is
receiving genetic services) and the licensed health care
professional or board certified genetic counselor involved in
providing such services receive individually identifiable
information concerning the results of such services;
(D) any individually identifiable genetic information provided

CRS-18
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
under subparagraph (C) in connection with the services provided
under subparagraph (A) is only available for purposes of such
services and shall not be disclosed to the employer, labor
organization, or joint labor-management committee except in
aggregate terms that do not disclose the identity of specific
individuals;
(4)(3) where the employer, labor organization, or jointSame as Senate subsections 205(b)(3)-(4).
labor-management committee requests or requires family medical
history from the individual to comply with the certification
provisions of section 103 of the Family and Medical Leave Act of
1993 (29 U.S.C. 2613) or such requirements under State family
iki/CRS-RL33987and medical leave laws;
g/w(4) where the employer, labor organization, or joint
s.orlabor-management committee purchases documents that are
leakcommercially and publicly available (including newspapers,
magazines, periodicals, and books, but not including medical
://wikidatabases or court records) that include family medical history; or
http(D)(5) where the information involved is to be used for geneticSame as Senate subsections 205(b)(5)(A)-(D).


monitoring of the biological effects of toxic substances in the
workplace, but only if —
(A) the employer, labor organization, or joint labor-management
committee provides written notice of the genetic monitoring to the
individual;
(B)(i) the individual provides prior, knowing, voluntary, and
written authorization; or
(ii) the genetic monitoring is required by Federal or State law;
(C) the individual is informed of individual monitoring results;
(D) the monitoring is in compliance with —

CRS-19
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(i) any Federal genetic monitoring regulations, including any such
regulations that may be promulgated by the Secretary of Labor
pursuant to the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.), the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 801 et seq.), or the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.); or
(ii) State genetic monitoring regulations, in the case of a State that
is implementing genetic monitoring regulations under the
authority of the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.); and
(E) the employer, labor organization, or joint labor-managementSame as Senate subsection 205(b)(5)(E) except the word
iki/CRS-RL33987committee, excluding any licensed health care professional or“or” is added at the end of the subsection.
g/wboard certified genetic counselor that is involved in the genetic
s.ormonitoring program, receives the results of the monitoring only in
leakaggregate terms that do not disclose the identity of specific
individuals;
://wikiion 205(b)(6)No comparable provision.(6) where the employer conducts DNA analysis for law
httpenforcement purposes as a forensic laboratory, includes such
analysis in the Combined DNA Index System pursuant to
section 210304 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14132), and requests or
requires genetic information of such employer’s apprentices
or trainees, but only to the extent that such genetic
information is used for analysis of DNA identification
markers for quality control to detect sample contamination.
(c) Preservation of Protections- In the case of information to(c) Preservation of Protections- In the case of information to
which any of paragraphs (1) through (5) of subsection (b) applies,which any of paragraphs (1) through (6) of subsection (b)



CRS-20
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
such information may not be used in violation of paragraph (1) orapplies, such information may not be used in violation of
(2) of subsection (a) or treated or disclosed in a manner thatparagraph (1), (2), or (3) of subsection (a) or treated or
violates section 206.disclosed in a manner that violates section 206.
(a) Treatment of Information as Part of Confidential Medical(a) Treatment of Information as Part of Confidential Medical
Record. — If an employer, employment agency, laborRecord. — If an employer, employment agency, labor
organization, or joint labor-management committee possessesorganization, or joint labor-management committee
genetic information about an employee or member (or informationpossesses genetic information about an employee or
about a request for or receipt of genetic services by such employeemember, such information shall be maintained on separate
or member or family member of such employee or member), suchforms and in separate medical files and be treated as a
information shall be maintained on separate forms and in separateconfidential medical record of the employee or member. An
medical files and be treated as a confidential medical record of theemployer, employment agency, labor organization, or joint
iki/CRS-RL33987employee or member.labor-management committee shall be considered to be in
g/wcompliance with the maintenance of information
s.orrequirements of this subsection with respect to genetic
leakinformation subject to this subsection that is maintained with
and treated as a confidential medical record under section
://wiki102(d)(3)(B) of the Americans with Disabilities Act (42
httpU.S.C. 12112(d)(3)(B).
Limitation on Disclosure. — An employer, employment agency,Limitation on Disclosure. — An employer, employment
labor organization, or joint labor-management committee shall notagency, labor organization, or joint labor-management
disclose genetic information concerning an employee or membercommittee shall not disclose genetic information concerning
(or information about a request for or receipt of genetic servicesan employee or member except —
by such employee or member or family member of such employee(1) to the employee or member of a labor organization (or
or member) except — family member if the family member is receiving the genetic
(1) to the employee (or family member if the family member isservices) at the written request of the employee or member
receiving the genetic services) or member of a labor organizationof such organization;
at the request of the employee or member of such organization;(2) to an occupational or other health researcher if the
(2) to an occupational or other health researcher if the research isresearch is conducted in compliance with the regulations and



CRS-21
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
conducted in compliance with the regulations and protectionsprotections provided for under part 46 of title 45, Code of
provided for under part 46 of title 45, Code of FederalFederal Regulations;
Regulations;(3) in response to an order of a court, except that —
(3) in response to an order of a court, except that — (A) the employer, employment agency, labor organization,
(A) the employer, employment agency, labor organization, or jointor joint labor-management committee may disclose only the
labor-management committee may disclose only the geneticgenetic information expressly authorized by such order; and
information expressly authorized by such order; and (B) if the court order was secured without the knowledge of
(B) if the court order was secured without the knowledge of thethe employee or member to whom the information refers, the
employee or member to whom the information refers, theemployer, employment agency, labor organization, or joint
employer, employment agency, labor organization, or joint labor-labor-management committee shall inform the employee or
management committee shall provide the employee or membermember of the court order and any genetic information that
with adequate notice to challenge the court order;was disclosed pursuant to such order;
iki/CRS-RL33987(4) to government officials who are investigating compliance with(4) to government officials who are investigating compliance
g/wthis title if the information is relevant to the investigation; orwith this title if the information is relevant to the
s.or(5) to the extent that such disclosure is made in connection withinvestigation; or
leakthe employee’s compliance with the certification provisions of(5) to the extent that such disclosure is made in connection
://wikisection 103 of the Family and Medical Leave Act of 1993 (29U.S.C. 2613) or such requirements under State family and medicalwith the employee’s compliance with the certificationprovisions of section 103 of the Family and Medical Leave
httpleave laws. Act of 1993 (29 U.S.C. 2613) or such requirements under
State family and medical leave laws.
No comparable provision(c) Relationship to HIPAA Regulation. — With respect to
the regulations promulgated by the Secretary of Health and
Human Services under part C of title XI of the Social
Security Act (42 U.S.C. 1320d et seq.) and section 264 of the
Health Insurance Portability and Accountability Act of 1996
(42 U.S.C. 1320d-2 note), this title does not prohibit a
covered entity under such regulations from any use or
disclosure of health information that is authorized for the
covered entity under such regulations. The previous



CRS-22
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
sentence does not affect the authority of such Secretary to
modify such regulations.
(2)(a) Employees Covered by Title VII of the Civil Rights Act ofSubsections 207(a)(1)-(2) are the same in both bills except
1964- that where the Senate bill states “Revised Statutes,” the
(1) IN GENERAL- The powers, remedies, and proceduresHouse bill states “Revised Statutes of the United States.”
provided in sections 705, 706, 707, 709, 710, and 711 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the
Commission, the Attorney General, or any person, alleging a
violation of title VII of that Act (42 U.S.C. 2000e et seq.) shall be
the powers, remedies, and procedures this title provides to the
Commission, the Attorney General, or any person, respectively,
iki/CRS-RL33987alleging an unlawful employment practice in violation of this title
g/wagainst an employee described in section 201(2)(A)(i), except as
s.orprovided in paragraphs (2) and (3).
leak(2) COSTS AND FEES- The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the Revised
://wikiStatutes (42 U.S.C. 1988), shall be powers, remedies, and
httpprocedures this title provides to the Commission, the Attorney
General, or any person, alleging such a practice.
(3) DAMAGES- The powers, remedies, and procedures providedSection 207(a)(3) is the same in both bills except that where
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),the Senate bill states “Revised Statutes,” the House bill
including the limitations contained in subsection (b)(3) of suchstates “Revised Statutes of the United States.”


section 1977A, shall be powers, remedies, and procedures this title
provides to the Commission, the Attorney General, or any person,
alleging such a practice (not an employment practice specifically
excluded from coverage under section 1977A(a)(1) of the Revised
Statutes).

CRS-23
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(2)(b) Employees Covered by Government Employee Rights Act ofSubsections 207(b)(1)-(2) are the same in both bills except
1991- that where the Senate bill states “Revised Statutes,” the
(1) IN GENERAL- The powers, remedies, and proceduresHouse bill states “Revised Statutes of the United States.”
provided in sections 302 and 304 of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16b, 2000e-16c) to the
Commission, or any person, alleging a violation of section
302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be the
powers, remedies, and procedures this title provides to the
Commission, or any person, respectively, alleging an unlawful
employment practice in violation of this title against an employee
described in section 201(2)(A)(ii), except as provided in
paragraphs (2) and (3).
iki/CRS-RL33987(2) COSTS AND FEES- The powers, remedies, and procedures
g/wprovided in subsections (b) and (c) of section 722 of the Revised
s.orStatutes (42 U.S.C. 1988), shall be powers, remedies, and
leakprocedures this title provides to the Commission, or any person,
://wikialleging such a practice.
http(3) DAMAGES- The powers, remedies, and procedures providedSubsection 207(b)(3) is the same in both bills except that
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),where the Senate bill states “Revised Statutes,” the House
including the limitations contained in subsection (b)(3) of suchbill states “Revised Statutes of the United States.”


section 1977A, shall be powers, remedies, and procedures this title
provides to the Commission, or any person, alleging such a
practice (not an employment practice specifically excluded from
coverage under section 1977A(a)(1) of the Revised Statutes).

CRS-24
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(c) Employees Covered by Congressional Accountability Act ofSection 207(c) is the same in both bills except that where the
1995- Senate bill states “Revised Statutes,” the House bill states
(1) IN GENERAL- The powers, remedies, and procedures“Revised Statutes of the United States.”


provided in the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that
Act (2 U.S.C. 1301)), or any person, alleging a violation of section

201(a)(1) of that Act (42 U.S.C. 1311(a)(1)) shall be the powers,


remedies, and procedures this title provides to that Board, or any
person, alleging an unlawful employment practice in violation of
this title against an employee described in section 201(2)(A)(iii),
except as provided in paragraphs (2) and (3).
(2) COSTS AND FEES- The powers, remedies, and procedures
iki/CRS-RL33987provided in subsections (b) and (c) of section 722 of the Revised
g/wStatutes (42 U.S.C. 1988), shall be powers, remedies, and
s.orprocedures this title provides to that Board, or any person,
leakalleging such a practice.
://wiki(3) DAMAGES- The powers, remedies, and procedures providedin section 1977A of the Revised Statutes (42 U.S.C. 1981a),
httpincluding the limitations contained in subsection (b)(3) of such
section 1977A, shall be powers, remedies, and procedures this title
provides to that Board, or any person, alleging such a practice (not
an employment practice specifically excluded from coverage
under section 1977A(a)(1) of the Revised Statutes).
(4) OTHER APPLICABLE PROVISIONS- With respect to a
claim alleging a practice described in paragraph (1), title III of the
Congressional Accountability Act of 1995 (2 U.S.C. 1381 et seq.)
shall apply in the same manner as such title applies with respect to
a claim alleging a violation of section 201(a)(1) of such Act (2
U.S.C. 1311(a)(1)).

CRS-25
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(2)(d) Employees Covered by Chapter 5 of Title 3, United StatesSubsections 207(d)(1)-(2) are the same in both bills except
Code- that where the Senate bill states “Revised Statutes,” the
(1) IN GENERAL- The powers, remedies, and proceduresHouse bill states “Revised Statutes of the United States.”
provided in chapter 5 of title 3, United States Code, to the
President, the Commission, the Merit Systems Protection Board,
or any person, alleging a violation of section 411(a)(1) of that
title, shall be the powers, remedies, and procedures this title
provides to the President, the Commission, such Board, or any
person, respectively, alleging an unlawful employment practice in
violation of this title against an employee described in section

201(2)(A)(iv), except as provided in paragraphs (2) and (3).


(2) COSTS AND FEES- The powers, remedies, and procedures
iki/CRS-RL33987provided in subsections (b) and (c) of section 722 of the Revised
g/wStatutes (42 U.S.C. 1988), shall be powers, remedies, and
s.orprocedures this title provides to the President, the Commission,
leaksuch Board, or any person, alleging such a practice.
://wiki(3) DAMAGES- The powers, remedies, and procedures providedSubsection 207(d)(3) is the same in both bills except that
httpin section 1977A of the Revised Statutes (42 U.S.C. 1981a),where the Senate bill states “Revised Statutes,” the House
including the limitations contained in subsection (b)(3) of suchbill states “Revised Statutes of the United States.”


section 1977A, shall be powers, remedies, and procedures this title
provides to the President, the Commission, such Board, or any
person, alleging such a practice (not an employment practice
specifically excluded from coverage under section 1977A(a)(1) of
the Revised Statutes).

CRS-26
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(2)(e) Employees Covered by Section 717 of the Civil Rights Act ofSubsections 207(e)(1)(2) are the same in both bills except
1964- that where the Senate bill states “Revised Statutes,” the
(1) IN GENERAL- The powers, remedies, and proceduresHouse bill states “Revised Statutes of the United States.”


provided in section 717 of the Civil Rights Act of 1964 (42 U.S.C.
2000e-16) to the Commission, the Attorney General, the Librarian
of Congress, or any person, alleging a violation of that section
shall be the powers, remedies, and procedures this title provides to
the Commission, the Attorney General, the Librarian of Congress,
or any person, respectively, alleging an unlawful employment
practice in violation of this title against an employee or applicant
described in section 201(2)(A)(v), except as provided in
paragraphs (2) and (3).
iki/CRS-RL33987(2) COSTS AND FEES- The powers, remedies, and procedures
g/wprovided in subsections (b) and (c) of section 722 of the Revised
s.orStatutes (42 U.S.C. 1988), shall be powers, remedies, and
leakprocedures this title provides to the Commission, the Attorney
://wikiGeneral, the Librarian of Congress, or any person, alleging such apractice.
http

CRS-27
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(3) DAMAGES- The powers, remedies, and procedures providedSubsection 207(e)(3) is the same in both bills except that
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),where the Senate bill states “Revised Statutes,” the House
including the limitations contained in subsection (b)(3) of suchbill states “Revised Statutes of the United States.”
section 1977A, shall be powers, remedies, and procedures this title
provides to the Commission, the Attorney General, the Librarian
of Congress, or any person, alleging such a practice (not an
employment practice specifically excluded from coverage under
section 1977A(a)(1) of the Revised Statutes).
(f) Definition- In this section, the term “Commission” means theSame as Senate subsection 207(f).
Equal Employment Opportunity Commission.
(b)(a) General Rule- Notwithstanding any other provision of this Act,Same as Senate subsections 208(a)-(b).


iki/CRS-RL33987“disparate impact,” as that term is used in section 703(k) of the
g/wCivil Rights Act of 1964 (42 U.S.C. 2000e-2(k)), on the basis of
s.orgenetic information does not establish a cause of action under this
leakAc t .
://wiki(b) Commission- On the date that is 6 years after the date ofenactment of this Act, there shall be established a commission, to
httpbe known as the Genetic Nondiscrimination Study Commission
(referred to in this section as the “Commission”) to review the
developing science of genetics and to make recommendations to
Congress regarding whether to provide a disparate impact cause of
action under this Act.

CRS-28
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(c) Membership- Same as Senate subsection 208(c).


(1) IN GENERAL- The Commission shall be composed of 8
members, of which —
(A) 1 member shall be appointed by the Majority Leader of the
Senate;
(B) 1 member shall be appointed by the Minority Leader of the
Senate;
(C) 1 member shall be appointed by the Chairman of the
Committee on Health, Education, Labor, and Pensions of the
Senate;
(D) 1 member shall be appointed by the ranking minority member
of the Committee on Health, Education, Labor, and Pensions of
iki/CRS-RL33987the Senate;
g/w(E) 1 member shall be appointed by the Speaker of the House of
s.orRepresentatives;
leak(F) 1 member shall be appointed by the Minority Leader of the
://wikiHouse of Representatives;(G) 1 member shall be appointed by the Chairman of the
httpCommittee on Education and the Workforce of the House of
Representatives; and
(H) 1 member shall be appointed by the ranking minority member
of the Committee on Education and the Workforce of the House
of Representatives.
(2) COMPENSATION AND EXPENSES- The members of the
Commission shall not receive compensation for the performance
of services for the Commission, but shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their

CRS-29
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
homes or regular places of business in the performance of services
for the Commission..
(d) Administrative Provisions- Same as Senate subsection 208(d).


(1) LOCATION- The Commission shall be located in a facility
maintained by the Equal Employment Opportunity Commission.
(2) DETAIL OF GOVERNMENT EMPLOYEES- Any Federal
Government employee may be detailed to the Commission
without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(3) INFORMATION FROM FEDERAL AGENCIES- The
Commission may secure directly from any Federal department or
iki/CRS-RL33987agency such information as the Commission considers necessary
g/wto carry out the provisions of this section. Upon request of the
s.orCommission, the head of such department or agency shall furnish
leaksuch information to the Commission.
(4) HEARINGS- The Commission may hold such hearings, sit
://wikiand act at such times and places, take such testimony, and receive
httpsuch evidence as the Commission considers advisable to carry out
the objectives of this section, except that, to the extent possible,
the Commission shall use existing data and research.
(5) POSTAL SERVICES- The Commission may use the United
States mails in the same manner and under the same conditions as
other departments and agencies of the Federal Government.

CRS-30
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(f)(e) Report- Not later than 1 year after all of the members areSame as Senate subsections 208(e) and (f).
appointed to the Commission under subsection (c)(1), the
Commission shall submit to Congress a report that summarizes
the findings of the Commission and makes such recommendations
for legislation as are consistent with this Act.
(f) Authorization of Appropriations- There are authorized to be
appropriated to the Equal Employment Opportunity Commission
such sums as may be necessary to carry out this section.
Nothing in this title shall be construed to — (a) In General. — Nothing in this title shall be construed to
iki/CRS-RL33987(1) limit the rights or protections of an individual under the—
g/wAmericans with Disabilities Act of 1990 (42 U.S.C. 12101 et(1) limit the rights or protections of an individual under any
s.orseq.), including coverage afforded to individuals under sectionother Federal or State statute that provides equal or greater
leak102 of such Act (42 U.S.C. 12112), or under the Rehabilitationprotection to an individual than the rights or protections
://wikiAct of 1973 (29 U.S.C. 701 et seq.);(2)(A) limit the rights or protections of an individual to bring anprovided for under this title, including the protections of anindividual under the Americans with Disabilities Act of 1990
httpaction under this title against an employer, employment agency,(42 U.S.C. 12101 et seq.), (including coverage afforded to
labor organization, or joint labor-management committee for aindividuals under section 102 of such Act (42 U.S.C.
violation of this title; or 12112)), or under the Rehabilitation Act of 1973 (29 U.S.C.
(B) establish a violation under this title for an employer,701 et seq.);
employment agency, labor organization, or joint labor-(2)(A) limit the rights or protections of an individual to bring
management committee of a provision of the amendments madean action under this title against an employer, employment
by title I;agency, labor organization, or joint labor-management
(3) limit the rights or protections of an individual under any othercommittee for a violation of this title; or
Federal or State statute that provides equal or greater protection to(B) provide for enforcement of, or penalties for violation of,
an individual than the rights or protections provided for under thisany requirement or prohibition applicable to any employer,
title;employment agency, labor organization, or joint labor-



CRS-31
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
(4) apply to the Armed Forces Repository of Specimen Samplesmanagement committee the enforcement of which, or
for the Identification of Remains;penalties for which, are provided under the amendments
(5) limit or expand the protections, rights, or obligations ofmade by title I;
employees or employers under applicable workers’ compensation(3) apply to the Armed Forces Repository of Specimen
laws;Samples for the Identification of Remains;
(6) limit the authority of a Federal department or agency to(4) limit or expand the protections, rights, or obligations of
conduct or sponsor occupational or other health research that isemployees or employers under applicable workers’
conducted in compliance with the regulations contained in part 46compensation laws;
of title 45, Code of Federal Regulations (or any corresponding or(5) limit the authority of a Federal department or agency to
similar regulations or rule); andconduct or sponsor occupational or other health research that
iki/CRS-RL33987(7) limit the statutory or regulatory authority of the OccupationalSafety and Health Administration or the Mine Safety and Healthis conducted in compliance with the regulations contained inpart 46 of title 45, Code of Federal Regulations (or any
g/w
s.orAdministration to promulgate or enforce workplace safety andcorresponding or similar regulations or rule);
leakhealth laws and regulations.(6) limit the statutory or regulatory authority of the
Occupational Safety and Health Administration or the Mine
://wikiSafety and Health Administration to promulgate or enforce
httpworkplace safety and health laws and regulations; or
(7) require any specific benefit for an employee or member
or a family member of an employee or member under any
group health plan or health insurance issuer offering group
health insurance coverage in connection with a group health
plan.
(b) Genetic Information of a Fetus or Embryo. — Any
reference in this title to genetic information concerning an
individual or family member of an individual shall —
(1) with respect to such an individual or family member of
an individual who is a pregnant woman, include genetic
information of any fetus carried by such pregnant woman;



CRS-32
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
and
(2) with respect to an individual or family member utilizing
an assisted reproductive technology, include genetic
information of any embryo legally held by the individual or
family member.
ction 210MEDICAL INFORMATION THAT IS NOT GENETICSame as Senate subsection 210.
INFORMATION.
An employer, employment agency, labor organization, or joint
labor-management committee shall not be considered to be in
violation of this title based on the use, acquisition, or disclosure of
iki/CRS-RL33987medical information that is not genetic information about a
g/wmanifested disease, disorder, or pathological condition of an
s.oremployee or member, including a manifested disease, disorder, or
leakpathological condition that has or may have a genetic basis.
://wikiction 211REGULATIONS.REGULATIONS.
httpNot later than 1 year after the date of enactment of this title, theNot later than 1 year after the date of enactment of this title,
Commission shall issue final regulations in an accessible formatthe Commission shall issue final regulations to carry out this
to carry out this title.title.
ction 212AUTHORIZATION OF APPROPRIATIONS.Same as Senate subsection 212.


There are authorized to be appropriated such sums as may be
necessary to carry out this title (except for section 208).

CRS-33
S. 358 (as reported by the HELP Committee, March 29, 2007)H.R. 493 (as passed by the House, April 25, 2007)
EFFECTIVE DATE.Same as Senate section 213.
This title takes effect on the date that is 18 months after the date
of enactment of this Act.
ion 301 (House)No comparable provision.GUARANTEE AGENCY COLLECTION RETENTION.
Clause (ii) of section 428(c)(6)(A) of the Higher Education
Act of 1965 (20 U.S.C. 1078(c)(6)(A)) is amended to read as
follows:
`(ii) an amount equal to 23 percent of such payments for use
in accordance with section 422B, except that beginning
October 1, 2007, and ending September 30, 2008, this
iki/CRS-RL33987subparagraph shall be applied by substituting “22 percent”
g/wfor “23 percent....”
s.or
leakSEVERABILITY.Section 302 in the House bill is the same as Senate bill
If any provision of this Act, an amendment made by this Act, orsection 301.


://wikithe application of such provision or amendment to any person or
httpcircumstance is held to be unconstitutional, the remainder of this
Act, the amendments made by this Act, and the application of
such provisions to any person or circumstance shall not be
affected thereby.