Statement of Congressman John D. Dingell, Chairman
Committee on Energy and Commerce

FLOOR STATEMENT
THE HONORABLE JOHN D. DINGELL
H.R. 493
THE GENETIC INFORMATION NONDISCRIMINATION ACT

April 24, 2007

Today we consider H.R. 493, "the Genetic Information Nondiscrimination Act".

Recent advances in genetic research have now made it possible to identify the genetic basis for human diseases. These breakthroughs have opened the door to early detection and treatment of diseases, and to individualized prevention strategies. At the same time, genetic information can also be used to unfairly discriminate against or stigmatize individuals when it comes to insurance and employment.

In order to protect individuals from employment discrimination, this bill would make it unlawful for an employer, employment agency, labor organization, or training program to deprive or deny an individual of employment opportunities because of the individual’s genetic information. This legislation requires that genetic information be treated as part of the individual=s confidential medical record, and that employers maintain separate forms or files for any genetic information they may obtain.

Additionally, to protect individuals from insurance discrimination, H.R. 493 would prohibit insurers, both in the group and individual markets, from using genetic information to determine eligibility or establish differential premiums based on the genetic information of individuals or their family members.

I note that the bill before us today has been amended since its introduction. The legislation has been refined through the work of the three Committees of jurisdiction: Energy and Commerce, Ways and Means, and Education and Labor. The version before us includes the key elements that were reported by the Committee on Energy and Commerce. These include a revised definition of "family member," fixing an oversight with respect to individual health plans and pre-existing conditions, and a series of clarifications of the applicability of HIPAA and GINA with respect to health plans and healthcare providers.

These changes further improve the bill, broaden its base of support, and are an important reason why we are able to bring this bill to the House floor under suspension of the rules. For that, I thank my colleagues on both sides of the aisle for their work on this bill, especially my friend and colleague, Representative Joe Barton, the Ranking Member of the Committee on Energy and Commerce.

Thank you.