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THE WHITE HOUSE

Office of the Press Secretary


For Immediate Release February 8, 2000

EXECUTIVE ORDER 13145


            TO PROHIBIT DISCRIMINATION IN FEDERAL EMPLOYMENT
                      BASED ON GENETIC INFORMATION

By the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, it is ordered as follows:

Section 1. Nondiscrimination in Federal Employment on the Basis of Protected Genetic Information.

1-101. It is the policy of the Government of the United States to provide equal employment opportunity in Federal employment for all qualified persons and to prohibit discrimination against employees based on protected genetic information, or information about a request for or the receipt of genetic services. This policy of equal opportunity applies to every aspect of Federal employment.

1-102. The head of each Executive department and agency shall extend the policy set forth in section 1-101 to all its employees covered by section 717 of Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e-16).

1-103. Executive departments and agencies shall carry out the provisions of this order to the extent permitted by law and consistent with their statutory and regulatory authorities, and their enforcement mechanisms. The Equal Employment Opportunity Commission shall be responsible for coordinating the policy of the Government of the United States to prohibit discrimination against employees in Federal employment based on protected genetic information, or information about a request for or the receipt of genetic services.

Sec. 2. Requirements Applicable to Employing Departments and Agencies.

1-201. Definitions.

     (a) The term "employee" shall include an employee, applicant for
         employment, or former employee covered by section 717 of the
         Civil Rights Act of 1964, as amended (42 U.S.C. 2000e-16).

     (b) Genetic monitoring means the periodic examination of employees
         to evaluate acquired modifications to their genetic material,
         such as chromosomal damage or evidence of increased occurrence
         of mutations, that may have developed in the course of
         employment due to exposure to toxic substances in the
         workplace, in order to identify, evaluate, respond to the
         effects of, or control adverse environmental exposures in the
         workplace.

     (c) Genetic services means health services, including genetic
         tests, provided to obtain, assess, or interpret genetic
         information for diagnostic or therapeutic purposes, or for
         genetic education or counseling.

     (d) Genetic test means the analysis of human DNA, RNA, chromosomes,
         proteins, or certain metabolites in order to detect
         disease-related genotypes or mutations.  Tests for metabolites
         fall within the definition of "genetic tests" when an excess or
         deficiency of the metabolites indicates the presence of a
         mutation or mutations.  The conducting of metabolic tests by a
         department or agency that are not intended to reveal the
         presence of a mutation shall not be considered a violation of
         this order, regardless of the results of the tests.  Test
         results revealing a mutation shall, however, be subject to the
         provisions of this order.

     (e)  Protected genetic information.

          (1)  In general, protected genetic information means:

               (A)  information about an individual's genetic tests;

               (B)  information about the genetic tests of an
               individual's family members; or

               (C)  information about the occurrence of a disease, or
               medical condition or disorder in family members of the
               individual.
          (2)  Information about an individual's current health status
               (including infor-mation about sex, age, physical exams,
               and chemical, blood, or urine analyses) is not protected
               genetic information unless it is described in
               subparagraph (1).

1-202. In discharging their responsibilities under this order, departments and agencies shall implement the following nondiscrimination requirements.

     (a) The employing department or agency shall not discharge, fail or
         refuse to hire, or otherwise discriminate against any employee
         with respect to the compensation, terms, conditions, or
         privileges of employment of that employee, because of
         pro-tected genetic information with respect to the employee, or
         because of information about a request for or the receipt of
         genetic services by such employee.

     (b) The employing department or agency shall not limit, segregate,
         or classify employees in any way that would deprive or tend to
         deprive any employee of employment opportunities or otherwise
         adversely affect that employee's status, because of protected
         genetic information with respect to the employee or because of
         information about a request for or the receipt of genetic
         services by such employee.

     (c) The employing department or agency shall not request, require,
         collect, or purchase protected genetic information with respect
         to an employee, or information about a request for or the
         receipt of genetic services by such employee.

     (d) The employing department or agency shall not disclose protected
         genetic information with respect to an employee, or information
         about a request for or the receipt of genetic services by an
         employee except:

          (1) to the employee who is the subject of the information, at
              his or her request;

          (2) to an occupational or other health researcher, if the
              research conducted complies with the regulations and
              protections provided for under part 46 of title 45, of the
              Code of Federal Regulations;

          (3) if required by a Federal statute, congressional subpoena,
              or an order issued by a court of competent jurisdiction,
              except that if the subpoena or court order was secured
              without the knowledge of the individual to whom the
              information refers, the employer shall provide the
              individual with adequate notice to challenge the subpoena
              or court order, unless the subpoena or court order also
              imposes confidentiality requirements; or

          (4) to executive branch officials investigating compliance
              with this order, if the information is relevant to the
              investigation.

     (e) The employing department or agency shall not maintain protected
         genetic infor-mation or information about a request for or the
         receipt of genetic services in general personnel files; such
         information shall be treated as confidential medical records
         and kept separate from personnel files.

Sec. 3. Exceptions.

1-301. The following exceptions shall apply to the nondiscrimination requirements set forth in section 1-202.

     (a) The employing department or agency may request or require
         information defined in section 1-201(e)(1)(C) with respect to
         an applicant who has been given a conditional offer of
         employment or to an employee if:

          (1) the request or requirement is consistent with the
              Rehabilitation Act and other applicable law;

          (2) the information obtained is to be used exclusively to
              assess whether further medical evaluation is needed to
              diagnose a current disease, or medical condition or
              disorder, or under the terms of section 1-301(b) of this
              order;

          (3) such current disease, or medical condition or disorder
              could prevent the applicant or employee from performing
              the essential functions of the position held or desired;
              and

          (4) the information defined in section 1-201(e)(1)(C) of this
              order will not be disclosed to persons other than medical
              personnel involved in or responsible for assessing whether
              further medical evaluation is needed to diagnose a current
              disease, or medical condition or disorder, or under the
              terms of section 1-301(b) of this order.

     (b) The employing department or agency may request, collect, or
         purchase protected genetic information with respect to an
         employee, or any information about a request for or receipt of
         genetic services by such employee if:

          (1) the employee uses genetic or health care services provided
              by the employer (other than use pursuant to section
              1-301(a) of this order);

          (2) the employee who uses the genetic or health care services
              has provided prior knowing, voluntary, and written
              authorization to the employer to collect protected
              genetic information;

          (3) the person who performs the genetic or health care
              services does not disclose protected genetic information
              to anyone except to the employee who uses the services for
              treatment of the individual; pursuant to section 1-202(d)
              of this order; for program evaluation or assessment; for
              compiling and analyzing information in anticipation of or
              for use in a civil or criminal legal proceeding; or, for
              payment or accounting purposes, to verify that the service
              was performed (but in such cases the genetic information
              itself cannot be disclosed);

          (4) such information is not used in violation of sections
              1-202(a) or 1-202(b) of this order.

     (c) The employing department or agency may collect protected
         genetic information with respect to an employee if the
         requirements of part 46 of title 45 of the Code of Federal
         Regulations are met.

     (d) Genetic monitoring of biological effects of toxic substances in
         the workplace shall be permitted if all of the following
         conditions are met:

          (1) the employee has provided prior, knowing, voluntary, and
              written authorization;

          (2) the employee is notified when the results of the
              monitoring are available and, at that time, the employer
              makes any protected genetic information that may have been
              acquired during the monitoring available to the employee
              and informs the employee how to obtain such information;

          (3) the monitoring conforms to any genetic monitoring
              regulations that may be promulgated by the Secretary of
              Labor; and

          (4) the employer, excluding any licensed health care
              professionals that are involved in the genetic monitoring
              program, receives results of the monitoring only in
              aggregate terms that do not disclose the identity of
              specific employees.

     (e) This order does not limit the statutory authority of a Federal
         department or agency to:

          (1) promulgate or enforce workplace safety and health laws and
              regulations;

          (2) conduct or sponsor occupational or other health research
              that is conducted in compliance with regulations at part
              46 of title 45, of the Code of Federal Regulations; or

          (3) collect protected genetic information as a part of a
              lawful program, the primary purpose of which is to carry
              out identification purposes.

Sec. 4. Miscellaneous.

1-401. The head of each department and agency shall take appropriate action to disseminate this policy and, to this end, shall designate a high level official responsible for carrying out its responsibilities under this order.

1-402. Nothing in this order shall be construed to:

     (a) limit the rights or protections of an individual under the
         Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), the
         Privacy Act of 1974 (5 U.S.C. 552a), or other applicable law;
         or

     (b) require specific benefits for an employee or dependent under
         the Federal Employees Health Benefits Program or similar
         program.

1-403. This order clarifies and makes uniform Administration policy and does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its officers or employees, or any other person.

                                   THE WHITE HOUSE,
                                   February 8, 2000.

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