Genetic Information Nondiscrimination Act of 2003

GENETIC INFORMATION NONDISCRIMINATION ACT OF 2003

Mr. SCHUMER. Mr. President, today, the Senate came together to pass S. 1053, the Genetic Information Nondiscrimination Act. I cast my vote in favor of this bill because I think it takes an important first step in the right direction. It is my view, however, that the bill does not go far enough. I commend my colleagues for their efforts to craft a bipartisan compromise, but I have serious concerns that the final bill does not include adequate enforcement provisions.

The Genetic Information Nondiscrimination Act prevents employers and insurance companies from treating individuals differently because of their genetic predispositions. It stops a health insurance company, for example, from charging an individual a higher premium because her mother had breast cancer.

S. 1053 does not, however, have adequate enforcement provisions. There is no recourse for individuals who feel that their rights under the law have been violated. There is no opportunity for a person to hold his employer accountable for genetic discrimination in a court of law. The current accountability provisions, which consist of nominal fees, are not sufficient in order to protect individuals who have been treated unfairly because of a genetic predisposition.

Therefore, I voted for this bill with some reluctance. I was very pleased to see this issue addressed in the Senate, but concerned that the language of the bill does not adequately protect the people for whom it was written. I hope that there will be opportunities in the future to strengthen this bill and ensure the rights of victims of genetic discrimination.