[Congressional Record (Bound Edition), Volume 151 (2005), Part 4]
[Senate]
[Pages 4637-4638]
[From the U.S. Government Publishing Office, www.gpo.gov]




         THE GENETIC INFORMATION NON-DISCRIMINATION ACT OF 2005

                                 ______
                                 

                           HON. ANNA G. ESHOO

                             of california

                    in the house of representatives

                         Monday, March 14, 2005

  Ms. ESHOO. Mr. Speaker, I'm very pleased to join Representatives 
Biggert, Slaughter and Ney in introducing the Genetic Information Non-
Discrimination Act of 2005. This bill will prevent abuses of genetic 
information for workforce and insurance decisions. Advances in genetic 
science are already saving lives and will save many more in the years 
ahead, but these advances should not be the basis for denying Americans 
their jobs or their health insurance.
  One of the most significant scientific accomplishments in history has 
been sequencing the human genetic code. As a result of this 
achievement, scientists have identified genetic markers for a variety 
of chronic health conditions, increasing the potential for early 
treatment and prevention.

[[Page 4638]]

  Unfortunately, the ability to predict disease through genetic testing 
and family history opens the door for discrimination, particularly the 
employment and the health insurance industry. Such a threat has 
deterred the public and scientists from taking full advantage of the 
important opportunities that genetic information provides. Without 
appropriate protections to encourage providers, the health care 
community and the public to embrace genetic testing, the health care 
arena will be incapable of taking full advantage of the important 
opportunities resulting from the advancement of genetic information and 
technology.
  The Genetic Information Non-Discrimination Act of 2005 prohibits 
health insurers in both group and individual markets from: using 
genetic information to impose enrollment restrictions or to adjust 
premium or contribution amounts; requesting genetic testing or results 
except as necessary for treatment, payment, or health care operations; 
and requesting or requiring the use of genetic information for the 
purposes of underwriting.
  With regards to employment, the Genetic Information Non-
Discrimination Act of 2005 grants enforcement powers to the Equal 
Employment Opportunity Commission and: makes it an unlawful employment 
practice for an employer, employment agency, labor organization, or 
training program to discriminate against an individual or deprive an 
individual of employment opportunities because of genetic information; 
prohibits the collection of genetic information except where necessary 
to monitor the effects of toxic substances in the workplace, when 
authorized by the employee, or as required by law; safeguards the 
confidentiality of genetic information in the employment setting.
  The Genetic Information Non-Discrimination Act of 2005 brings public 
policy up-to-date with science and ensures that every American can 
benefit from our scientific progress without the worry of genetic 
discrimination.
  I urge all my colleagues in the House to support this legislation.

                          ____________________