pd14fe00 Executive Order 13145--To Prohibit Discrimination in Federal Employment...

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            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

[[Page 246]]

            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

[[Page 247]]

            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.


<DOC>
[Weekly Compilation of Presidential Documents]
 [frwais.access.gpo.gov]
                         

[Page 247-249]
 
Monday, February 14, 2000
 
Volume 36--Number 6
Pages 233-289
 
Week Ending Friday, February 11, 2000
 
Remarks on Presenting the Congressional Medal of Honor
to Alfred Rascon

February 8, 2000

    The President. Colonel, thank you for that prayer. General Hicks, 
Secretary Cohen, Secretary West, Secretary Richardson, Secretary 
Caldera, General Shelton, General Ralston, members of the Joint Chiefs, 
all the Members of Congress who are here--and we have quite a 
distinguished array of them. We thank them all for coming. I'd like to 
ask the Members of Congress who are here to stand so you'll see how many 
we have. We're very grateful to you for your presence here. Thank you.
    When the Medal of Honor was conceived in 1861, some Americans 
actually worried that it might be a bad thing, that the medals would be 
seen as somehow too aristocratic, and that there was no need for them in 
a genuinely democratic society. Today, we award the Medal of Honor, 
secure in the knowledge that people like Alfred Rascon have kept our 
democracy alive all these years.
    We bestow the medal knowing that America would not have survived 
were it not for people like him, who, generation after generation, have 
always renewed the extraordinary gift of freedom for their fellow 
citizens.
    Under any circumstances, a Medal of Honor ceremony is an event of 
great importance. Today it is especially so: for the rare quality of 
heroism on display that long-ago day in 1966; for the long, patient wait 
for recognition; for Alfred's decision to devote his life both before 
and after 1966 to a nation he was not born in.
    Alfred Rascon was born in Mexico on September 10, 1945, just 8 days 
after the formal surrender ending World War II. When he was very young, 
his parents came to America for a better chance. They ended up in 
Oxnard, north of Los Angeles. And when 
Alfred started grade school, he still spoke not

[[Page 248]]

a word of English. He grew up near three military bases and fell in love 
with the Armed Forces. At the advanced age of 7, wanting to do his part 
to defend America, he built a homemade parachute and jumped off the roof 
of his house. [Laughter] Unfortunately, in his own words, the chute had 
a ``total malfunction''--[laughter]--and he broke his wrist.
    But as usual, he was undeterred. Soon he graduated from high school 
and enlisted in the United States Army. Appropriately, he became a medic 
for a platoon of paratroopers, the first of the 503d Airborne Battalion 
of the 173d Airborne Brigade. He explained, ``I wanted to give back 
something to this country and its citizens for the opportunities it had 
given me and my parents. Those paratroopers who served with me in the 
reconnaissance platoon knew nothing of my immigrant status. It was never 
an issue. They simply knew me as Doc.''
    Alfred's platoon was sent to Vietnam in May of 1965, part of the 
first Army combat unit there. On March 16th, 1966, they were in Long 
Khanh Province, helping another platoon that was pinned down by the 
enemy. In his words, it was ``10 minutes of pure hell.''
    In the middle of an intense firefight,
Alfred was everywhere. While attending to a fatally wounded machine 
gunner, Private William Thompson, he was hit with shrapnel and shot in 
the hip. The bullet went parallel to his spine and came out by his 
shoulder. Ignoring his own wounds, he then brought desperately needed 
ammo to another machine gunner, Private Larry Gibson. Several grenades 
then landed nearby. One of them ripped his mouth open. When he saw 
another land near Private Neil Haffey, he covered him with his body, 
absorbing the brunt of the blast. Yet another grenade landed near 
Sergeant Ray Compton, and Alfred covered him, too. Then, barely able to 
walk, bleeding from his ears and nose, he ran to recover a machine gun 
that the enemy was about to capture. The extra firepower kept the enemy 
from advancing, and Alfred Rascon saved his platoon.
    Through this extraordinary succession of courageous acts, he never 
gave a single thought to himself, except, he admits, for the instant 
when the grenade exploded near his face and he thought, ``Oh, God, my 
good looks are gone.'' [Laughter] I'm not much of an expert, but I would 
say you were wrong about that, Captain. [Laughter] You look just fine 
here today.
    On that distant day, in that faraway place, this man gave everything 
he had, utterly and selflessly, to protect his platoon mates and the 
Nation he was still not yet a citizen of. Later he said with 
characteristic modesty, ``I did it because I had to do it, and that's 
all there is to it.'' He said, ``I don't consider myself a hero. Anybody 
in combat would do the same thing for their buddies and friends. We were 
all colorblind. We were all different nationalities. The important thing 
is that we were Americans fighting for America.''
    I want to stop just for a moment to salute all the other Americans 
who did that in Vietnam. We want to honor you today, along with Alfred. 
Many of you were there with him. And I'd like for all of you to stand 
or, if you can't stand, lift your arms and be recognized. We want to 
acknowledge you today, please. [Applause]
    Alfred Rascon was so badly wounded that day he was actually given 
last rites. After a long convalescence, he pulled through, and he 
continued to serve his country. He became a citizen in 1967. He rejoined 
the Army as an officer. In 1972 he volunteered for a second tour in 
Vietnam. And in 1983 he began working for the Justice Department. Today, 
he is the Inspector General of the Selective Service System, helping to 
make sure that others will be there to defend America as he did.
    Looking at his lifetime of service to our Nation, it would be hard 
to imagine a better definition of citizenship. So I would like to also 
take a moment, sir, to thank your parents, Alfredo and Andrea, for 
teaching their son the values of good citizenship. And we would all like 
to welcome your wife, Carol, and your children, Amanda and Alan. They 
must be so very proud of you today. We welcome you here.
    Now, here's a story of how we all came here. Alfred Rascon was given 
a Silver Star for his valor that day in 1966. But the request for his 
Medal of Honor somehow got lost in a thicket of redtape. His platoon 
mates persisted, showing as much loyalty to him as

[[Page 249]]

he had shown to them. Thanks to them, after 34 years, I am proud to 
present you with our Nation's highest honor.
    Since the creation of the Medal of Honor, roughly one in five of 
them have been awarded to immigrants. Today, there are over 60,000 
immigrants protecting the United States in our military.
    Alfred was once asked why he volunteered to join and to go to 
Vietnam when he was not even a citizen. And he said, ``I was always an 
American in my heart.''
    Alfred Rascon, today we honor you as you have honored us, by your 
choice to become an American and your courage in reflecting the best of 
America. You said that you summoned your courage for your platoon 
because ``you've got to take care of your people.'' That's a pretty good 
credo for all the rest of us, as well.
    On behalf of all Americans, and especially on behalf of your platoon 
members who are here today, I thank you for what you mean to our 
country. Thank you for what you gave that day and what you have given 
every day since. Thank you for reminding us that being American has 
nothing to do with the place of your birth, the color of your skin, the 
language of your parents, or the way you worship God. Thank you for 
living the enduring American values every day. Thank you for doing 
something that was hard because no one else was there to do it. Thank 
you for looking out for people when no one else could be there for them.
    You have taught us once again that being American has nothing to do 
with the place of birth, racial, ethnic origin, or religious faith. It 
comes straight from the heart. And your heart, sir, is an extraordinary 
gift to your country.
    Commander, please read the citation.

[At this point, Comdr. Michael M. Gilday, USN, Navy Aide to the 
President, read the citations, and the President presented the medal. 
Alfred Rascon made brief remarks.]

    The President. I want to thank you all again for being here today 
and invite you to join our honoree and his family in a reception in the 
State Dining Room at the end of the hall. Thank you very much, and 
welcome. But don't leave until we have the benediction. [Laughter]
    General Hicks.

Note: The President spoke at 2:35 p.m. in the East Room at the White 
House. In his remarks, he referred to Lt. Col. Frank Vavrin, USA (Ret.), 
Chaplain Corps, 503d Airborne Battalion, who gave the invocation; and 
Brig. Gen. David Hicks, USA, Deputy Chief of Chaplains. The transcript 
released by the Office of the Press Secretary also included the remarks 
of Alfred Rascon.


<DOC>
[Weekly Compilation of Presidential Documents]
 [frwais.access.gpo.gov]
                         

[Page 249]
 
Monday, February 14, 2000
 
Volume 36--Number 6
Pages 233-289

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