under part 46 of title 45, Code of Federal Regula-
tions; 
(3) in response to an order of a court, except 
that— 
(A) the employer, employment agency, 
labor organization, or joint labor-management 
committee may disclose only the genetic infor-
mation expressly authorized by such order; and 
(B) if the court order was secured without 
the knowledge of the employee or member to 
whom the information refers, the employer, em-
ployment agency, labor organization, or joint 
labor-management committee shall provide the 
employee or member with adequate notice to 
challenge the court order; 
(4) to government officials who are inves-
tigating compliance with this title if the information 
is relevant to the investigation; or 
(5) to the extent that such disclosure is made 
in connection with the employee’s compliance 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. 
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SEC. 207. REMEDIES AND ENFORCEMENT. 
(a) EMPLOYEES COVERED BY TITLE VII OF THE 
CIVIL RIGHTS ACT OF 1964.— 
(1) IN GENERAL.—The powers, remedies, and 
procedures 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 At-
torney 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, alleging an unlawful em-
ployment 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. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes (42 U.S.C. 1981a), including the limita-
tions contained in subsection (b)(3) of such section 
1977A, shall be powers, remedies, and procedures 
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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). 
(b) EMPLOYEES COVERED
BY GOVERNMENT EM-
PLOYEE RIGHTS ACT OF 1991.— 
(1) IN GENERAL.—The powers, remedies, and 
procedures 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, re-
spectively, alleging an unlawful employment practice 
in violation of this title against an employee de-
scribed 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. 
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(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes (42 U.S.C. 1981a), including the limita-
tions contained in subsection (b)(3) of such 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). 
(c) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.— 
(1) IN GENERAL.—The powers, remedies, and 
procedures provided in the Congressional Account-
ability 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) 
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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, al-
leging such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes (42 U.S.C. 1981a), including the limita-
tions contained in subsection (b)(3) of such section 
1977A, shall be powers, remedies, and procedures 
this title provides to that Board, or any person, al-
leging 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 re-
spect to a claim alleging a practice described in 
paragraph (1), title III of the Congressional Ac-
countability 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)). 
(d) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
3, UNITED STATES CODE.— 
(1) IN GENERAL.—The powers, remedies, and 
procedures provided in chapter 5 of title 3, United 
States Code, to the President, the Commission, the 
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Merit Systems Protection Board, or any person, al-
leging 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 un-
lawful 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. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes (42 U.S.C. 1981a), including the limita-
tions contained in subsection (b)(3) of such 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 Re-
vised Statutes). 
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(e) EMPLOYEES COVERED BY SECTION 717 OF THE 
CIVIL RIGHTS ACT OF 1964.— 
(1) IN GENERAL.—The powers, remedies, and 
procedures 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 proce-
dures this title provides to the Commission, the At-
torney General, the Librarian of Congress, or any 
person, respectively, alleging an unlawful employ-
ment practice in violation of this title against an em-
ployee 
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. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes (42 U.S.C. 1981a), including the limita-
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tions contained in subsection (b)(3) of such 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 ‘‘Commis-
sion’’ means the Equal Employment Opportunity Commis-
sion. 
SEC. 208. DISPARATE IMPACT. 
(a) GENERAL RULE.—Notwithstanding any other 
provision of this Act, ‘‘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 informa-
tion 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 estab-
lished a commission, to be known as the Genetic Non-
discrimination Study Commission (referred to in this sec-
tion as the ‘‘Commission’’) to review the developing 
science of genetics and to make recommendations to Con-
gress regarding whether to provide a disparate impact 
cause of action under this Act. 
(c) MEMBERSHIP.— 
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(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, Edu-
cation, 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 Representa-
tives; 
(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 
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Education and the Workforce of the House of 
Representatives. 
(2) 
COMPENSATION
AND
EXPENSES.—The 
members of the Commission shall not receive com-
pensation for the performance of services for the 
Commission, but shall be allowed travel expenses, in-
cluding per diem in lieu of subsistence, at rates au-
thorized 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. 
(d) ADMINISTRATIVE PROVISIONS.— 
(1) LOCATION.—The Commission shall be lo-
cated in a facility maintained by the Equal Employ-
ment 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 Fed-
eral department or agency such information as the 
Commission considers necessary to carry out the 
provisions of this section. Upon request of the Com-
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mission, 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. 
(e) REPORT.—Not later than 1 year after all of the 
members are appointed to the Commission under sub-
section (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 Employ-
ment Opportunity Commission such sums as may be nec-
essary to carry out this section. 
SEC. 209. CONSTRUCTION. 
Nothing in this title shall be construed to— 
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(1) limit the rights or protections of an indi-
vidual under the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.), including coverage 
afforded to individuals under section 102 of such 
Act (42 U.S.C. 12112), or under the Rehabilitation 
Act of 1973 (29 U.S.C. 701 et seq.); 
(2)(A) limit the rights or protections of an indi-
vidual to bring an action under this title against an 
employer, employment agency, labor organization, or 
joint labor-management committee for a violation of 
this title; or 
(B) establish a violation under this title for an 
employer, employment agency, labor organization, or 
joint labor-management committee of a provision of 
the amendments made by title I; 
(3) limit the rights or protections of an indi-
vidual under any other Federal or State statute that 
provides equal or greater protection to an individual 
than the rights or protections provided for under 
this title; 
(4) apply to the Armed Forces Repository of 
Specimen Samples for the Identification of Remains; 
(5) limit or expand the protections, rights, or 
obligations of employees or employers under applica-
ble workers’ compensation laws; 
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