Order Code RL33987
Genetic Non-discrimination in Employment:
A Comparison of Title II Provisions in
S. 358 and H.R. 493, 110th Congress
May 2, 2007
Nancy Lee Jones
Legislative Attorney
American Law Division

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Genetic Non-discrimination 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. 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.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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

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Genetic Non-discrimination in Employment:
A Comparison of Title II Provisions in
S. 358 and H.R. 493, 110th Congress
Introduction
H.R. 493, 110th Congress, the Genetic Information Nondiscrimination Act
(GINA), passed the House on April 25, 2007. 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.

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CRS-2
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.

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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)
Section 201(1)
(1) COMMISSION- The term “Commission” means the Equal
Same 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).
Section 201(2)(A)
(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));
(ii) a State employee (including an applicant) described in section
304(a) of the Government Employee Rights Act of 1991 (42
U.S.C. 2000e-16c(a));
(iii) a covered employee (including an applicant), as defined in
section 101 of the Congressional Accountability Act of 1995 (2
U.S.C. 1301);
(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.
Section 201(2)(B)
(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

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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.
Section 201(2)(C-D)
(C) EMPLOYMENT AGENCY; LABOR ORGANIZATION- The Same 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).
(D) MEMBER- The term “member,” with respect to a labor
organization, includes an applicant for membership in a labor
organization.
Section 201(3)
(3) Family Member. — The term “family member” means with
(3) Family Member. — The term “family member” means
respect 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 is
701(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).
Section 201(4)
(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;

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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 of
and
the individual.
(iii) subject to subparagraph (D), the manifestation of a
(B) Exceptions. — The term “genetic information” shall not
disease 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
include information about the sex or age of any individual.
Section 201(5)
(5) GENETIC MONITORING- The term “genetic monitoring”
Same as Senate subsections 201(5).
means the periodic examination of employees to evaluate acquired
modifications to their genetic material, such as chromosomal
damage or evidence of increased occurrence of mutations, that
may 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.
Section 201(6)
(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.

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CRS-6
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
Section 201(7)
(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, that
analysis 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 an
chromosomal 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.
Section 202(a)
(a) Use of Genetic Information. — It shall be an unlawful
(a) Discrimination Based on Genetic Information. — It
employment practice for an employer —
shall be an unlawful employment practice for an employer
(1) to fail or refuse to hire or to discharge any employee, or
—
otherwise to discriminate against any employee with respect to the (1) to fail or refuse to hire or to discharge any employee, or
compensation, terms, conditions, or privileges of employment of
otherwise to discriminate against any employee with respect
the employee, because of genetic information with respect to the
to the compensation, terms, conditions, or privileges of
employee (or information about a request for or the receipt of
employment of the employee, because of genetic
genetic services by such employee or family member of such
information with respect to the employee or
employee); or
(2) to limit, segregate, or classify the employees of the
(2) to limit, segregate, or classify the employees of the employer
employer in any way that would deprive or tend to deprive
in any way that would deprive or tend to deprive any employee of
any employee of employment opportunities or otherwise
employment opportunities or otherwise adversely affect the status
adversely affect the status of the employee as an employee,
of the employee as an employee, because of genetic information
because of genetic information with respect to the employee.
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).

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CRS-7
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
Section 202(b)
(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, or
unlawful employment practice for an employer to request,
purchase genetic information with respect to an employee or a
require, or purchase genetic information with respect to an
family member of the employee (or information about a request
employee 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 —
Section 202(b)(1)-(2)
(1) where an employer inadvertently requests or requires family
Same as Senate subsections 202(b)(1)-(2).
medical history of the employee or family member of the
employee;
(2) where —
(A) health or genetic services are offered by the employer,
including such services offered as part of a bona fide wellness
program;
(B) the employee provides prior, knowing, voluntary, and written
authorization;
(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;

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CRS-8
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
Section 202(b)(3)-(4)
(3) where an employer requests or requires family medical history Same 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
Section 202(b)(5)(A)-(D)
(5) where the information involved is to be used for genetic
Same as Senate subsection 202(b)(5) except the word “or” is
monitoring of the biological effects of toxic substances in the
added at the end of the subsection.
workplace, but only if —
(A) the employer provides written notice of the genetic
monitoring to the employee;
(B)(i) the employee provides prior, knowing, voluntary, and
written 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

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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
Section 202(b)(5)(E)
(E) the employer, excluding any licensed health care professional
Same as Senate subsection 202(b)(5) except the word “or” is
or board certified genetic counselor that is involved in the genetic
added 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;
Section 202(b)(6)
No comparable provision
(6) where the employer conducts DNA analysis for law
enforcement 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 employees,
but only to the extent that such genetic information is used
for analysis of DNA identification markers for quality
control to detect sample contamination.
Section 202(c)
(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) or
applies, such information may not be used in violation of
(2) of subsection (a) or treated or disclosed in a manner that
paragraph (1) or (2) of subsection (a) or treated or disclosed
violates section 206.
in a manner that violates section 206.
Section 203(a)
(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
—

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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 a
discriminate against, any individual because of genetic
request for or the receipt of genetic services by such individual or
information 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 to
to refer for employment any individual in any way that
refer for employment any individual in any way that would
would deprive or tend to deprive any individual of
deprive or tend to deprive any individual of employment
employment opportunities, or otherwise adversely affect the
opportunities, or otherwise adversely affect the status of the
status of the individual as an employee, because of genetic
individual as an employee, because of genetic information with
information 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
receipt of genetic services by such individual or family member of against an individual in violation of this title.
such individual); or
(3) to cause or attempt to cause an employer to discriminate
against an individual in violation of this title.
Section 203(b)(1)
(b) Acquisition of Genetic Information- It shall be an unlawful
(b) Acquisition of Genetic Information- It shall be an
employment practice for an employment agency to request,
unlawful employment practice for an employment agency to
require, or purchase genetic information with respect to an
request, require, or purchase genetic information with
individual or a family member of the individual (or information
respect to an individual or a family member of the individual
about a request for the receipt of genetic services by such
except —
individual or a family member of such individual) except —
(1) where an employment agency inadvertently requests or
(1) where an employment agency inadvertently requests or
requires family medical history of the individual or family
requires family medical history of the individual or family
member of the individual;
member of the individual;
Section 203(b)(2)
(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

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CRS-11
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
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; 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 employment agency
except in aggregate terms that do not disclose the identity of
specific individuals;
Section 203(b)(3)-(4)
(3) where an employment agency requests or requires family
Same 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
Section 203(b)(5)(A)-(D)
(5) where the information involved is to be used for genetic
Same as Senate subsection 203(b)(5)(A)-(D).
monitoring of the biological effects of toxic substances in the
workplace, but only if —

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CRS-12
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
(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 —
(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
Section 203(b)(5)(E)
(E) the employment agency, excluding any licensed health care
Same 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;

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CRS-13
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
Section 203(c)
(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) or
applies, such information may not be used in violation of
(2) of subsection (a) or treated or disclosed in a manner that
paragraph (1) , (2) or (3) of subsection (a) or treated or
violates section 206.
disclosed in a manner that violates section 206.
Section 204(a)
(a) Use of Genetic Information- It shall be an unlawful
(a) Discrimination Based on Genetic Information. — It
employment practice for a labor organization —
shall be an unlawful employment practice for a labor
(1) to exclude or to expel from the membership of the
organization —
organization, or otherwise to discriminate against, any member
(1) to exclude or to expel from the membership of the
because of genetic information with respect to the member (or
organization, or otherwise to discriminate against, any
information about a request for or the receipt of genetic services
member because of genetic information with respect to the
by such member or family member of such member);
member;
(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 any
organization, or fail or refuse to refer for employment any
member, in any way that would deprive or tend to deprive any
member, in any way that would deprive or tend to deprive
member of employment opportunities, or otherwise adversely
any member of employment opportunities, or otherwise
affect the status of the member as an employee, because of genetic adversely affect the status of the member as an employee,
information with respect to the member (or information about a
because of genetic information with respect to the member;
request for or the receipt of genetic services by such member or
or
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 discriminate
against a member in violation of this title.
against a member in violation of this title.
Section 204(b)(1)
(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 a
request, require, or purchase genetic information with
family member of the member (or information about a request for
respect to a member or a family member of the member

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CRS-14
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
the receipt of genetic services by such member or a family
except —
member of such member) except —
(1) where a labor organization inadvertently requests or
(1) where a labor organization inadvertently requests or requires
requires family medical history of the member or family
family medical history of the member or family member of the
member of the member;
member;
Section 204(b)(2)
(2) where —
Same as Senate subsection 204(b)(2).
(A) health or genetic services are offered by the labor
organization, including such services offered as part of a bona fide
wellness program;
(B) the member provides prior, knowing, voluntary, and written
authorization;
(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;
Section 204(b)(3)-(4)
(3) where a labor organization requests or requires family medical Same 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

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CRS-15
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
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
Section 204(b)(5)(A)-(D)
(5) where the information involved is to be used for genetic
Same as Senate subsection 204(b)(5)(A)-(D).
monitoring of the biological effects of toxic substances in the
workplace, but only if —
(A) the labor organization provides written notice of the genetic
monitoring to the member;
(B)(i) the member provides prior, knowing, voluntary, and written
authorization; or
(ii) the genetic monitoring is required by Federal or State law;
(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

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CRS-16
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
Section 204(b)(5)(E)
(E) the labor organization, excluding any licensed health care
Same 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;
Section 204(c)
(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) or
applies, such information may not be used in violation of
(2) of subsection (a) or treated or disclosed in a manner that
paragraph (1), (2), or (3) of subsection (a) or treated or
violates section 206.
disclosed in a manner that violates section 206.
Section 205(a)
(a) Use of Genetic Information- It shall be an unlawful
(a) Discrimination Based on Genetic Information- It shall be
employment practice for any employer, labor organization, or
an unlawful employment practice for any employer, labor
joint labor-management committee controlling apprenticeship or
organization, or joint labor-management committee
other training or retraining, including on-the-job training
controlling apprenticeship or other training or retraining,
programs —
including on-the-job training programs —
(1) to discriminate against any individual because of genetic
(1) to discriminate against any individual because of genetic
information with respect to the individual (or information about a
information with respect to the individual in admission to, or
request for or the receipt of genetic services by such individual or
employment in, any program established to provide
a family member of such individual) in admission to, or
apprenticeship 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 participants retraining, or fail or refuse to refer for employment any
in such apprenticeship or other training or retraining, or fail or
individual, in any way that would deprive or tend to deprive
refuse to refer for employment any individual, in any way that
any individual of employment opportunities, or otherwise
would deprive or tend to deprive any individual of employment
adversely affect the status of the individual as an employee,
opportunities, or otherwise adversely affect the status of the
because of genetic information with respect to the

---

CRS-17
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
individual as an employee, because of genetic information with
individual; or
respect to the individual (or information about a request for or
(3) to cause or attempt to cause an employer to discriminate
receipt of genetic services by such individual or family member of against an applicant for or a participant in such
such individual); or
apprenticeship or other training or retraining in violation of
(3) to cause or attempt to cause an employer to discriminate
this title.
against an applicant for or a participant in such apprenticeship or
other training or retraining in violation of this title.
Section 205(b)(1)
(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 joint
unlawful employment practice for an employer, labor
labor-management committee described in subsection (a) to
organization, or joint labor-management committee
request, require, or purchase genetic information with respect to
described in subsection (a) to request, require, or purchase
an individual or a family member of the individual (or information genetic information with respect to an individual or a family
about a request for the receipt of genetic services by such
member of the individual except —
individual or a family member of such individual) except —
(1) where the employer, labor organization, or joint
(1) where the employer, labor organization, or joint
labor-management committee inadvertently requests or
labor-management committee inadvertently requests or requires
requires family medical history of the individual or family
family medical history of the individual or family member of the
member of the individual;
individual;
Section 205(b)(2)
(2) where —
Same as Senate subsection 205(b)(2).
(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

---

CRS-18
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
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
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;
Section 205(b)(3)-(4)
(3) where the employer, labor organization, or joint
Same 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
and medical leave laws;
(4) where the employer, labor organization, or joint
labor-management committee 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
Section 205(b)(5)(A)-(D)
(5) where the information involved is to be used for genetic
Same 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

---

CRS-19
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
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 —
(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
Section 205(b)(5)(E)
(E) the employer, labor organization, or joint labor-management
Same as Senate subsection 205(b)(5)(E) except the word
committee, excluding any licensed health care professional or
“or” is added at the end of the subsection.
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;
Section 205(b)(6)
No comparable provision.
(6) where the employer conducts DNA analysis for law
enforcement 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

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CRS-20
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
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.
Section 205(c)
(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)
such information may not be used in violation of paragraph (1) or
applies, such information may not be used in violation of
(2) of subsection (a) or treated or disclosed in a manner that
paragraph (1), (2), or (3) of subsection (a) or treated or
violates section 206.
disclosed in a manner that violates section 206.
Section 206(a)
(a) Treatment of Information as Part of Confidential Medical
(a) Treatment of Information as Part of Confidential Medical
Record. — If an employer, employment agency, labor
Record. — If an employer, employment agency, labor
organization, or joint labor-management committee possesses
organization, or joint labor-management committee
genetic information about an employee or member (or information possesses genetic information about an employee or
about a request for or receipt of genetic services by such employee member, such information shall be maintained on separate
or member or family member of such employee or member), such
forms and in separate medical files and be treated as a
information shall be maintained on separate forms and in separate
confidential medical record of the employee or member. An
medical files and be treated as a confidential medical record of the employer, employment agency, labor organization, or joint
employee or member.
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 (42
U.S.C. 12112(d)(3)(B).

---

CRS-21
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
Section 206(b)
Limitation on Disclosure. — An employer, employment agency,
Limitation on Disclosure. — An employer, employment
labor organization, or joint labor-management committee shall not agency, labor organization, or joint labor-management
disclose genetic information concerning an employee or member
committee shall not disclose genetic information concerning
(or information about a request for or receipt of genetic services
an 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 is
services) at the written request of the employee or member
receiving the genetic services) or member of a labor organization
of 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 is
research is conducted in compliance with the regulations and
conducted in compliance with the regulations and protections
protections provided for under part 46 of title 45, Code of
provided for under part 46 of title 45, Code of Federal
Federal 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 joint or joint labor-management committee may disclose only the
labor-management committee may disclose only the genetic
genetic 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 the
the employee or member to whom the information refers, the
employee or member to whom the information refers, the
employer, 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 member
member of the court order and any genetic information that
with adequate notice to challenge the court order;
was disclosed pursuant to such order;
(4) to government officials who are investigating compliance with (4) to government officials who are investigating compliance
this title if the information is relevant to the investigation; or
with this title if the information is relevant to the
(5) to the extent that such disclosure is made in connection with
investigation; or
the employee’s compliance with the certification provisions of
(5) to the extent that such disclosure is made in connection
section 103 of the Family and Medical Leave Act of 1993 (29
with the employee’s compliance with the certification

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CRS-22
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
U.S.C. 2613) or such requirements under State family and medical provisions of section 103 of the Family and Medical Leave
leave laws.
Act of 1993 (29 U.S.C. 2613) or such requirements under
State family and medical leave laws.

Section 206(c)
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
sentence does not affect the authority of such Secretary to
modify such regulations.
Section 207(a)(1)-(2)
(a) Employees Covered by Title VII of the Civil Rights Act of
Subsections 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 procedures
House 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

---

CRS-23
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
the powers, remedies, and procedures this title provides to the
Commission, the Attorney General, or any person, respectively,
alleging an unlawful employment practice in violation of this title
against an employee described in section 201(2)(A)(i), except as
provided in paragraphs (2) and (3).
(2) COSTS AND FEES- The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the Revised
Statutes (42 U.S.C. 1988), shall be powers, remedies, and
procedures this title provides to the Commission, the Attorney
General, or any person, alleging such a practice.
Section 207(a)(3)
(3) DAMAGES- The powers, remedies, and procedures provided
Section 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 such
states “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).
Section 207(b)(1)-(2)
(b) Employees Covered by Government Employee Rights Act of
Subsections 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 procedures
House 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

---

CRS-24
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
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).
(2) COSTS AND FEES- The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the Revised
Statutes (42 U.S.C. 1988), shall be powers, remedies, and
procedures this title provides to the Commission, or any person,
alleging such a practice.
Section 207(b)(3)
(3) DAMAGES- The powers, remedies, and procedures provided
Subsection 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 such
bill 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).

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CRS-25
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
Section 207(c)
(c) Employees Covered by Congressional Accountability Act of
Section 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
provided in subsections (b) and (c) of section 722 of the Revised
Statutes (42 U.S.C. 1988), shall be powers, remedies, and
procedures this title provides to that Board, or any person,
alleging such a practice.
(3) DAMAGES- The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including 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

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CRS-26
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
a claim alleging a violation of section 201(a)(1) of such Act (2
U.S.C. 1311(a)(1)).
Section 207(d)(1)-(2)
(d) Employees Covered by Chapter 5 of Title 3, United States
Subsections 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 procedures
House 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
provided in subsections (b) and (c) of section 722 of the Revised
Statutes (42 U.S.C. 1988), shall be powers, remedies, and
procedures this title provides to the President, the Commission,
such Board, or any person, alleging such a practice.
Section 207(d)(3)
(3) DAMAGES- The powers, remedies, and procedures provided
Subsection 207(d)(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 such
bill 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).

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CRS-27
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
Section 207(e)(1)-(2)
(e) Employees Covered by Section 717 of the Civil Rights Act of
Subsections 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 procedures
House 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).
(2) COSTS AND FEES- The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the Revised
Statutes (42 U.S.C. 1988), 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.
Section 207(e)(3)
(3) DAMAGES- The powers, remedies, and procedures provided
Subsection 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 such
bill 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).

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CRS-28
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
Section 207(f)
(f) Definition- In this section, the term “Commission” means the
Same as Senate subsection 207(f).
Equal Employment Opportunity Commission.
Section 208(a)-(b)
(a) General Rule- Notwithstanding any other provision of this Act, Same as Senate subsections 208(a)-(b).
“disparate impact,” as that term is used in section 703(k) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-2(k)), on the basis of
genetic information does not establish a cause of action under this
Act.
(b) Commission- On the date that is 6 years after the date of
enactment of this Act, there shall be established a commission, to
be 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-29
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
Section 208(c)
(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
the Senate;
(E) 1 member shall be appointed by the Speaker of the House of
Representatives;
(F) 1 member shall be appointed by the Minority Leader of the
House of Representatives;
(G) 1 member shall be appointed by the Chairman of the
Committee 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

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CRS-30
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their
homes or regular places of business in the performance of services
for the Commission..
Section 208(d)
(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
agency such information as the Commission considers necessary
to carry out the provisions of this section. Upon request of the
Commission, the head of such department or agency shall furnish
such information to the Commission.
(4) HEARINGS- The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive
such 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.

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CRS-31
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
Section 208(e)-(f)
(e) Report- Not later than 1 year after all of the members are
Same 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.
Section 209
Nothing in this title shall be construed to —
(a) In General. — Nothing in this title shall be construed to
(1) limit the rights or protections of an individual under the
—
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
(1) limit the rights or protections of an individual under any
seq.), including coverage afforded to individuals under section
other Federal or State statute that provides equal or greater
102 of such Act (42 U.S.C. 12112), or under the Rehabilitation
protection to an individual than the rights or protections
Act of 1973 (29 U.S.C. 701 et seq.);
provided for under this title, including the protections of an
(2)(A) limit the rights or protections of an individual to bring an
individual under the Americans with Disabilities Act of 1990
action 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 a
individuals 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 made
an 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 other
committee 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 this any requirement or prohibition applicable to any employer,

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CRS-32
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
title;
employment agency, labor organization, or joint labor-
(4) apply to the Armed Forces Repository of Specimen Samples
management 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 of
made 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 is
employees or employers under applicable workers’
conducted in compliance with the regulations contained in part 46
compensation 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); and
conduct or sponsor occupational or other health research that
(7) limit the statutory or regulatory authority of the Occupational
is conducted in compliance with the regulations contained in
Safety and Health Administration or the Mine Safety and Health
part 46 of title 45, Code of Federal Regulations (or any
Administration to promulgate or enforce workplace safety and
corresponding or similar regulations or rule);
health laws and regulations.
(6) limit the statutory or regulatory authority of the
Occupational Safety and Health Administration or the Mine
Safety and Health Administration to promulgate or enforce
workplace 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

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CRS-33
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
an individual who is a pregnant woman, include genetic
information of any fetus carried by such pregnant woman;
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.
Section 210
MEDICAL INFORMATION THAT IS NOT GENETIC
Same 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
medical information that is not genetic information about a
manifested disease, disorder, or pathological condition of an
employee or member, including a manifested disease, disorder, or
pathological condition that has or may have a genetic basis.
Section 211
REGULATIONS.
REGULATIONS.
Not later than 1 year after the date of enactment of this title, the
Not later than 1 year after the date of enactment of this title,
Commission shall issue final regulations in an accessible format
the Commission shall issue final regulations to carry out this
to carry out this title.
title.
Section 212
AUTHORIZATION 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).

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CRS-34
S. 358 (as reported by the HELP Committee, March 29, 2007)
H.R. 493 (as passed by the House, April 25, 2007)
Section 213
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.
Section 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
subparagraph shall be applied by substituting “22 percent”
for “23 percent....”
Section 301 (Senate)
SEVERABILITY.
Section 302 in the House bill is the same as Senate bill
Section 302 (House)
If any provision of this Act, an amendment made by this Act, or
section 301.
the application of such provision or amendment to any person or
circumstance 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.

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