Genetic Information Nondiscrimination Act of 2003
Latest action · Oct 15, 2003 Held at the desk.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMay 13, 2003
- Passed SenateOct 14, 2003
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Genetic Information Nondiscrimination Act of 2003 - Title I: Genetic Nondiscrimination in Health Insurance - (Sec. 101) Amends the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code to expand the prohibition on health plan or issuer discrimination on the basis of genetic information or services to prohibit: (1) enrollment discrimination based on information about a request for or receipt of genetic services by an individual or an individual's family member; (2) group premium discrimination based on the genetic information of an individual or an individual's family member; and (3) requiring genetic testing. Defines genetic information as genetic tests of an individual or family member or occurrence of a disease or disorder in family members. States that such term shall not include information about the sex or age of an individual. Defines genetic services as genetic tests, genetic counseling, or genetic education.
Amends the Public Health Service Act to prohibit such discrimination in coverage offered in the individual market.
Requires the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services (HHS) to issue final regulations to carry out this title.
(Sec. 104) Amends title XVIII (Medicare) of the Social Security Act to prohibit an issuer of a Medicare supplemental policy from denying or conditioning the issuance or effectiveness of the policy, or from discriminating in the price of the policy of an eligible individual based on genetic information, on the receipt of genetic services or on a request for such services. Prohibits the issuer of such a policy from requesting or requiring a beneficiary to undergo a genetic test.
(Sec. 105) Applies the HHS medical privacy rules to the disclosure of genetic information. Prohibits a group health plan, a health insurance issuer, or an issuer of Medicare supplemental policies from using or disclosing genetic information for purposes of underwriting, determining eligibility to enroll, or premium rating. Prohibits such entities from using or disclosing genetic information for the creation, renewal, or replacement of a plan, contract, or coverage for health insurance or benefits. Prohibits such entities from requesting, requiring, or purchasing genetic information concerning a participant, beneficiary, or enrollee prior to the enrollment and in connection with such enrollment of such individual under the plan, coverage, or policy. Permits the incidental collection of such genetic information by such entities if the request, requirement, or purchase that brought the information was not made for certain purposes, including underwriting, and if the information is not used or disclosed in violation of the HHS medical privacy rules.
Makes the confidentiality standards inapplicable to group health plans, health insurance issuers, or issuers of Medicare supplemental policies that are not otherwise covered by regulations promulgated under part C of title XI of the Social Security Act and a health information privacy provision of the Health Insurance Portability and Accountability Act of 1996. Makes the prohibition on collection of genetic information inapplicable to genetic information that is not considered to be individually-identifiable health information under such regulations.
Title II: Prohibiting Employment Discrimination On the Basis of Genetic Information - (Sec. 202) Makes it an unlawful employment practice for an employer, employment agency, labor organization, or training program to discriminate against an individual or deprive such individual of employment opportunities because of genetic information. Prohibits the collection of genetic information except: (1) where health or genetic services are offered by the employer; (2) where an employer needs certain information to comply with the certification provisions of the Family and Medical Leave Act of 1993 or with State family and medical leave laws; (3) where an employer purchases documents that are commercially and publicly available that include family medical history; or (4) where necessary to monitor the effects of toxic substances in the workplace (when authorized by the employee or as required by law).
(Sec. 206) Requires genetic information to be treated as part of an individual's confidential medical record, limiting disclosure to certain parties, including the individual, the family, health researchers, or government officials investigating compliance with this title. Permits disclosure as required by court order or as made in order for an employee to comply with the certification provisions of the Family and Medical Leave Act of 1993 or with State family and medical leave laws.
(Sec. 207) Protects applicants or employees covered by: (1) title VII of the Civil Rights Act of 1964 (regarding the EEOC); (2) the Government Employee Rights Act of 1991; (3) the Congressional Accountability Act of 1995; (4) specified Federal law pertaining to the extension of certain rights and protections to presidential offices; and (5) the section of the Civil Rights Act of 1964 regarding employment by the Federal Government. Provides for the same compensatory and punitive damages available to prevailing plaintiffs under Federal law regarding damages in cases of intentional discrimination in employment.
(Sec. 208) Requires establishment of a Genetic Nondiscrimination Study Commission, which shall review the developing science of genetics and advise Congress on the advisability of providing for a disparate impact cause of action under this Act.
(Sec. 210) Declares that 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.
(Sec. 211) Directs the EEOC to issue final regulations to carry out this title.
(Sec. 212) Authorizes appropriations to carry out this title.
Title III: Miscellaneous Provision - States that if any part of this Act is held to be unconstitutional, the remainder of this Act shall not be affected.
Recorded votes 1
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| Senate 377 | On Passage of the Bill S. 1053 | Bill Passed95–0 | Oct 14, 2003 |
Cosponsors 23
Members who signed on, in the order they did. Signatures ran from May 13, 2003 to May 6, 2004; 7 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-NE | Chuck Hagel | Original | May 13, 2003 |
| R-VT | James M. Jeffords | Original | May 13, 2003 |
| R-NH | Judd Gregg | Original | May 13, 2003 |
| R-WY | Michael B. Enzi | Original | May 13, 2003 |
| R-OH | Mike DeWine | Original | May 13, 2003 |
| R-ME | Susan M. Collins | Original | May 13, 2003 |
| R-TN | William H. Frist | Original | May 13, 2003 |
| R-MO | Jim Talent | Jun 5, 2003 | |
| R-UT | Orrin G. Hatch | Jul 15, 2003 | |
| D-SD | Thomas A. Daschle | Jul 31, 2003 | |
| D-MD | Barbara A. Mikulski | Oct 14, 2003 | |
| D-NE | Ben Nelson | Oct 14, 2003 | |
| R-TX | John Cornyn | Oct 14, 2003 | |
| D-MA | John F. Kerry | Oct 14, 2003 | |
| D-DE | Joseph R. Biden Jr. | Oct 14, 2003 | |
| D-WA | Maria Cantwell | Oct 14, 2003 | |
| D-LA | Mary L. Landrieu | Oct 14, 2003 | |
| D-VT | Patrick J. Leahy | Oct 14, 2003 | |
| D-SD | Tim Johnson | Oct 14, 2003 | |
| D-CT | Christopher J. Dodd | Nov 7, 2003 | |
| D-MA | Edward M. Kennedy | Nov 7, 2003 | |
| D-IA | Tom Harkin | Nov 7, 2003 | |
| D-NJ | Frank R. Lautenberg | May 6, 2004 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Health, Education, Labor, and Pensions Committee | Referred May 13, 2003Markup May 21, 2003Reported Jul 31, 2003 |
Actions 12
Everything that happened, newest first.
- Oct 15, 2003Message on Senate action sent to the House.
- Oct 15, 2003Received in the House.
- Oct 15, 2003Held at the desk.
- Oct 14, 2003Considered by Senate. (consideration: CR S12493-12508; text as passed Senate: CR S12499-12508)
- Oct 14, 2003Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 95 - 0. Record Vote Number: 377.
In the Congressional Record 3
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 2
- Jun 19, 2003S. 1053, Genetic Nondiscrimination Act of 2003<p>Cost estimate for the bill as ordered reported by the Committee on Health, Education, Labor, and Pensions on May 21, 2003</p>
- Jun 19, 2003S. 1053, Genetic Nondiscrimination Act of 2003Cost estimate for the bill as ordered reported by the Committee on Health, Education, Labor, and Pensions on May 21, 2003
Printed hearings 4
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 108-71 | GENETIC NON-DISCRIMINATION: EXAMINING THE IMPLICATIONS FOR WORKERS AND EMPLOYERS118 pages | Education and Workforce Committee | Jul 22, 2004 |
| S. Hrg. 108-745 | DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2005148 pages | Appropriations Committee | Apr 1, 2004 |
| Serial No. 108-69 | NIH: RE-ENGINEERING CLINICAL RESEARCH58 pages | Energy and Commerce Committee | Mar 25, 2004 |
| S. Hrg. 108-745 | DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2005476 pages | Appropriations Committee | Mar 4, 2004–Apr 1, 2004 |
CRS reports 2
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 2
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| RL30006 | Genetic Information: Legal Issues Relating to Discrimination and Privacy Archived | Report | Apr 28, 2008 |
| RL33903 | Genetic Discrimination: Overview of the Issue and Proposed Legislation Archived | Report | Apr 25, 2008 |
Amendments 1
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| SA 1824 | In the nature of a substitute. | Olympia J. Snowe R-ME | Amendment SA 1824 agreed to in Senate by Voice Vote. |
Titles 4
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- A bill to prohibit discrimination on the basis of genetic information with respect to health insurance and employment.
- Short Titles as Introduced
- Genetic Information Nondiscrimination Act of 2003
- Short Titles as Reported to Senate
- Genetic Information Nondiscrimination Act of 2003
- Short Titles as Passed Senate
- Genetic Information Nondiscrimination Act of 2003
Subjects
Assigned by the Library of Congress. Policy area: Civil Rights and Liberties, Minority Issues.
- Administrative procedure
- Apprenticeship
- Civil actions and liability
- Civil Rights and Liberties, Minority Issues
- Civil rights enforcement
- Damages
- Department of Health and Human Services
- Department of Labor
- Department of the Treasury
- Discrimination in employment
- Discrimination in insurance
- Discrimination in medical care
- Dismissal of employees
- Employee health benefits
- Employee rights
- Employee selection
- Employment agencies
- Environmental Protection
- Equal Employment Opportunity Commission
- Families
- Family leave
- Federal employees
- Finance and Financial Sector
- Genetic counseling
- Genetics
- Government Operations and Politics
- Health
- Health insurance
- Insurance premiums
- Labor and Employment
- Labor unions
- Labor-management committees
- Law
- Medical records
- Medical screening
- Medical tests
- Medigap
- Mine safety
- Occupational health and safety
- Position classification
- Punitive damages
- Right of privacy
- Standards
Text 3
Each version as it was printed, newest first.
- Oct 14, 2003Engrossed in Senate
- Jul 31, 2003Reported to Senate
- May 13, 2003Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.