[Federal Register Volume 65, Number 28 (Thursday, February 10, 2000)]
[Presidential Documents]
[Pages 6877-6880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3331]



[[Page 6875]]

-----------------------------------------------------------------------

Part IV





The President





-----------------------------------------------------------------------



Executive Order 13145--To Prohibit Discrimination in Federal Employment 
Based on Genetic Information
 
 
                         Presidential Documents 
 
 

  Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / 
Presidential Documents  

 ___________________________________________________________________

 Title 3--
 The President

[[Page 6877]]

                Executive Order 13145 of February 8, 2000

                
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.

[[Page 6878]]

(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 
information 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 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.

(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.

[[Page 6879]]

(e)

The employing department or agency shall not maintain protected genetic 
information 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;

[[Page 6880]]

(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.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 8, 2000.

[FR Doc. 00-3331
Filed 2-9-00; 8:45 am]
Billing code 3195-01-P