[Weekly Compilation of Presidential Documents Volume 36, Number 6 (Monday, February 14, 2000)]
[Pages 244-247]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13145--To Prohibit Discrimination in Federal Employment 
Based on Genetic Information

February 8, 2000

    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

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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 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

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            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 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;
(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

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            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.
                                            William J. Clinton
The White House,
February 8, 2000.

[Filed with the Office of the Federal Register, 8:45 a.m., February 9, 
2000]

Note: This Executive order was published in the Federal Register on 
February 10.