H.R. 3636House108th Congress (2003-2005)In Committee

Genetic Privacy and Nondiscrimination Act of 2003

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Referred to the Subcommittee on Health.

Health Subcommittee

December 4, 2003

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HouseIntro Referral

Introduced in House

November 21, 2003

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

November 21, 2003

HouseCommittee

Referred to the Subcommittee on Health.

Health Subcommittee

December 4, 2003

Floor Debate

1 member

What members said about H.R. 3636 on the floor

1 Democrat

Rep. Edward J. MarkeyD-MA-7 · Nov 20, 2004

Mr. Speaker, I rise to introduce the ``Universal Service Antideficiency Suspension Act,'' legislation that is necessary to address an abrupt change in the accounting requirements for the E-rate…

Mr. Speaker, I rise to introduce the ``Universal Service Antideficiency Suspension Act,'' legislation that is necessary to address an abrupt change in the accounting requirements for the E-rate program which has led to a suspension of funds previously committed to K-12 schools and libraries around the country.

Mr. Speaker, a few months ago, the Federal Communications Commission (FCC), at the behest of the Bush Administration's Office of Management and Budget, decided to require that certain provisions of the ``Antideficiency Act'' (as contained in various provisions of title 31 U.S.C.) apply to the E-rate program for K-12 schools and libraries.

The result of the FCC's decision was that millions of dollars in committed funding to schools and libraries around the country was held up, and millions more put in jeopardy of not being released in timely fashion under the E-rate program. The decision to apply the provisions of the Antideficiency Act to the E-rate program also implicates other similar universal service programs for low income consumers and rural consumers in high cost areas.

Moreover, the FCC's decision will likely mean an unnecessary increase in consumer fees to all residential and business consumers starting January 1st to cover the new accounting requirements. This is why this bill needs to pass before Congress adjourns for the year.

The purpose of this legislation is to suspend the requirements of the Antideficiency Act for programs within the Universal Service Fund (USF), including the E-rate program, from the date of enactment through December 31, 2005. This will rectify for a period of time the problems caused by the FACC's decision to alter the accounting rules which govern such programs. This legislation is similar to legislation introduced in the Senate yesterday by Senator Olympia Snowe and Senator Jay Rockefeller.

The E-rate program has helped transform our country's schools and libraries. Since it was adopted as part of the Telecommunications Act of 1996, it has assisted bringing the future into America's classrooms. While in 1996 only a small handful of classrooms and libraries were Internet capable, now approximately 95 percent of all public Internet access and over 90 percent of all K-12 classrooms have Internet access. It has become part of the educational experience for millions of schoolkids across the nation.

That's the reason why I named the program the ``E-rate,'' for ``education rate''--because I wanted to underscore the central educational mission for the program, especially for those poorer schools or more remote classrooms which might have been adversely affected by a ``digital divide'' in access to the skill set these kids would need in a new economy. The E-rate has been indispensable in assisting these schools and provides discounts between 20 and 90 percent to such educational entities depending upon their resources. I know from first-hand experience from my own State that this program has proven educational importance and value to millions of kids. In the last 5 years alone, over $180 million in supportive funding has gone to Massachusetts schools and libraries.

When I was Chairman of the Telecommunications Subcommittee in 1993, while that panel was considering proposals to revamp our nation's telecommunications laws, I wrote to the CEOs of the top 20 telephone and cable companies at that time to request that they provide free telecommunications links to our nation's schools. Only 3 reported their willingness to do so. As a result, I fought to make sure that our telecommunications legislation would include a requirement that such telecommunications companies better serve our schools because I felt this was vital for our educational system going into the digital era.

During the Subcommittee mark-up on the bill on the 1st of March, 2004, I introduced and successfully added the E-rate provision as an amendment to the pending telecommunications legislation. That bill, H.R. 3636, later passed the House of Representatives in June, 2004, by a vote of 423-4. Unfortunately, the Senate failed to pass similar legislation in that Congress and my legislative effort to establish the E-rate died on the Senate side prior to the 1994 elections. In the next Congress, with Republicans taking control of the House and Senate, similar efforts to pass a comprehensive Telecommunications Act were successful, and the E-rate provision was added to the Senate bill in the Senate Commerce Committee by Senator Olympia Snowe (R-ME), in an amendment that was also cosponsored by Senators Rockefeller (D-WV), Exon (D-NE), Kerrey (D-NE), and several others.

To administer this E-rate provision, as well as other universal service provisions from the Telecommunications Act of 1996, the Universal Service Administration Company (USAC) was established. This is the entity that received the directive from the FCC to implement new accounting rules to govern the E-rate program. USAC had previously utilized accounting rules that private sector entities use, but now USAC has been compelled to utilize government accounting rules which compel it to hold large cash reserves on its books by the end of the fiscal year to cover its commitments. Since this accounting decision came late in the fiscal year, USAC struggled to comply and was forced to freeze the E-rate program. And while USAC and the FCC believe that the program can begin again to act upon applications for E-rate funding, USAC has notified the Commission that the new accounting rules will compel it to raise the USF contribution level. This increase will likely be passed along to consumers.

While the last hours of this session are approaching, I believe that this legislation can still pass and must pass now, as a standalone bill such as this one I am offering, or as part of another package of bills--and I urge my colleagues to join in efforts to correct the problem that the Bush Administration's OMB and the FCC have created for this invaluable program. This legislation is simply designed to rectify this situation until a long-term solution can be achieved.

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Introduced in HouseIssued November 21, 2003

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3636 Introduced in House (IH)]

108th CONGRESS
1st Session
H. R. 3636

To amend the Public Health Service Act to prohibit health
discrimination against individuals and their family members on the
basis of genetic information, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

November 21, 2003

Mr. Stearns introduced the following bill; which was referred to the
Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To amend the Public Health Service Act to prohibit health
discrimination against individuals and their family members on the
basis of genetic information, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Genetic Privacy and
Nondiscrimination Act of 2003''.

SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

(a) Amendments Relating to the Group Market.--
(1) Prohibition of health discrimination on the basis of
genetic information in the group market.--
(A) No enrollment restriction for genetic
services.--Section 2702(a)(1)(F) of the Public Health
Service Act (42 U.S.C. 300gg-1(a)(1)(F)) is amended by
inserting before the period the following: ``(including
information about a request for or receipt of genetic
services)''.
(B) No discrimination in premiums based on
predictive genetic information.--Subpart 2 of part A of
title XXVII of the Public Health Service Act (42 U.S.C.
300gg-4 et seq.) is amended by adding at the end the
following new section:

``SEC. 2707. PROHIBITING PREMIUM DISCRIMINATION AGAINST GROUPS ON THE
BASIS OF PREDICTIVE GENETIC INFORMATION IN THE GROUP
MARKET.

``A group health plan, or a health insurance issuer offering group
health insurance coverage in connection with a group health plan shall
not adjust premium or contribution amounts for a group on the basis of
predictive genetic information concerning any individual (including a
dependent) or family member of the individual (including information
about a request for or receipt of genetic services).''.
(C) Conforming amendment.--Section 2702(b) of the
Public Health Service Act (42 U.S.C. 300gg-1(b)) is
amended by adding at the end the following:
``(3) Reference to related provision.--For a provision
prohibiting the adjustment of premium or contribution amounts
for a group under a group health plan on the basis of
predictive genetic information (including information about a
request for or receipt of genetic services), see section
2707.''.
(2) Definitions.--Section 2791(d) of the Public Health
Service Act (42 U.S.C. 300gg-91(d)) is amended by adding at the
end the following:
``(15) Family member.--The term `family member' means, with
respect to an individual--
``(A) the spouse of the individual;
``(B) a dependent child of the individual; and
``(C) all other individuals related by blood to the
individual or the spouse or child described in
subparagraph (A) or (B).
``(16) Genetic services.--The term `genetic services' means
health services for an individual provided to interpret and
assess predictive genetic information for diagnostic or
therapeutic purposes as well as to counsel individuals
regarding the use of specific predictive genetic information.
``(17) Predictive genetic information.--
``(A) In general.--The term `predictive genetic
information' means individually identifiable
information which identifies the presence, absence,
variation, alteration, or modification of a human gene
or genes that--
``(i) are scientifically or medically
identifiable; and
``(ii) are--
``(I) known to be a primary cause
of a disease, disorder, or syndrome in
a person, or associated with a
significantly increased statistical
risk of development of a disease,
disorder, or syndrome in a person, but
which have not resulted in signs in the
person that would otherwise permit
diagnosis of the disease, disorder, or
syndrome; or
``(II) associated with an increased
statistical risk of a person having
offspring with a disease, disorder, or
syndrome.
``(B) Limitations.--The term `predictive genetic
information' does not include--
``(i) information from which individual
identifiers are removed, encoded, or encrypted
to prevent disclosure of the individual's
identity;
``(ii) information for research conducted
in compliance with the regulations and
protections provided for under parts 50 and 56
of title 21 and under part 46 of title 45, Code
of Federal Regulations; or
``(iii) information related to a manifested
disease, disorder, impairment, or condition
which could be reasonably detected by a health
care professional with appropriate training and
expertise in the field of medicine involved.
``(18) Predictive genetic test.--The term `predictive
genetic test' means a laboratory test on a biological sample of
a person performed solely to obtain predictive genetic
information.''.
(b) Amendments Relating to the Individual Market.--The first
subpart 3 of part B of title XXVII of the Public Health Service Act (42
U.S.C. 300gg-51 et seq.) (relating to other requirements) is amended by
adding at the end the following:

``SEC. 2753. PROHIBITION OF HEALTH DISCRIMINATION ON THE BASIS OF
PREDICTIVE GENETIC INFORMATION.

``(a) Prohibition on Predictive Genetic Information as a Condition
of Eligibility.--A health insurance issuer offering health insurance
coverage in the individual market may not use predictive genetic
information as a condition of eligibility of an individual to enroll in
individual health insurance coverage (including information about a
request for or receipt of genetic services).
``(b) Prohibition on Predictive Genetic Information in Setting
Premium Rates.--A health insurance issuer offering health insurance
coverage in the individual market shall not adjust premium rates for
individuals on the basis of predictive genetic information concerning
such an individual (including a dependent) or a family member of the
individual (including information about a request for or receipt of
genetic services).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to--
(1) group health plans, and health insurance coverage
offered in connection with group health plans, for plan years
beginning after 1 year after the date of enactment of this Act;
and
(2) health insurance coverage offered, sold, issued,
renewed, in effect, or operated in the individual market after
1 year after the date of enactment of this Act.
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