February 8, 2000

EXECUTIVE ORDER 

                               THE WHITE HOUSE

                        Office of the Press Secretary

  _____________________________________________________________
  For Immediate Release                   February 8, 2000


                               EXECUTIVE ORDER

                                - - - - - - -

              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.