12 2 STA T .9 1 7PUBLIC LA W 11 0– 2 3 3 —M A Y 21 , 200 8to t heC o m m is sio n, the A tto r ne yG ener al , the L i b rarian o f Con g ress, or any p erson, alleging s uc h a practice .(3)DAM A GES . —T he po w ers, reme d ies, and procedures pro -v ided in section 197 7A of the R evised S tatutes of the U nited States ( 42 U.S.C. 19 8 1a), including the limitations 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 e x cluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (f) PROHIB I T IO N AGAINST RETA L IATION.— N o person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this title or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title. The remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection. (g) DE F INITION.— I n this section, the term ‘ ‘Commission ’ ’ means the Eq ual Employment O pportunity Commission. SEC.208 . DI S PAR A T EI M PACT. (a) GENERAL R U LE.—Notwithstanding any other provision of this Act, ‘‘disparate impact’’, as that term is used in section 7 0 3( k ) of the Civil Rights Act of 19 6 4 (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. (c) M EMBERSHI P .— (1) IN GENERAL.—The Commission shall be composed of 8 members, of which— (A) 1 member shall be appointed by the Ma j ority 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 H ealth, Education, Labor, and Pen- sions 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 Labor of the House of Representatives; and Ef f ectiv e da te . E s ta bl is hm e n t. 42USC 2 0 00ff –7 .
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