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2 U.S.C. § 1314 — Rights and protections under Employee Polygraph Protection Act of 1988
Federal law — U.S. Code and appendices · legal_authorities
**(a) Polygraph practices prohibited**
(1) **In general** — No employing office, irrespective of whether a covered employee works in that employing office, may require a covered employee to take a lie detector test where such a test would be prohibited if required by an employer under paragraph (1), (2), or (3) of section 3 of the Employee Polygraph Protection Act of 1988 ([29 U.S.C. 2002(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2002/1&num=0&edition=prelim), (2), or (3)). In addition, the waiver provisions of section 6(d) of such Act ([29 U.S.C. 2005(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2005/d&num=0&edition=prelim)) shall apply to covered employees.
(2) **Definitions** — For purposes of this section, the term “covered employee” shall include employees of the Government Accountability Office and the term “employing office” shall include the Government Accountability Office.
(3) **Capitol Police** — Nothing in this section shall preclude the Capitol Police from using lie detector tests in accordance with regulations under subsection (c).
**(b) Remedy** The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under section 6(c)(1) of the Employee Polygraph Protection Act of 1988 ([29 U.S.C. 2005(c)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2005/c/1&num=0&edition=prelim)).
**(c) Regulations to implement section**
(1) **In general** — The Board shall, pursuant to [section 1384 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition=prelim), issue regulations to implement this section.
(2) **Agency regulations** — The regulations issued under paragraph (1)
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Stable record: federal_law:legal_authorities:record_usc_2941b13393c6dfc7b5304127
Source file: Laws/federal/codes/united-states-code/title-2/section-1314-rights-and-protections-under-employee-polygraph-protection-act-of-1988--5dfefba142.md
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Source location: Title 2, Chapter 24, § 1314; chapter-024-congressional-accountability.md
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**(a) Polygraph practices prohibited**
(1) **In general** — No employing office, irrespective of whether a covered employee works in that employing office, may require a covered employee to take a lie detector test where such a test would be prohibited if required by an employer under paragraph (1), (2), or (3) of section 3 of the Employee Polygraph Protection Act of 1988 ([29 U.S.C. 2002(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2002/1&num=0&edition=prelim), (2), or (3)). In addition, the waiver provisions of section 6(d) of such Act ([29 U.S.C. 2005(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2005/d&num=0&edition=prelim)) shall apply to covered employees.
(2) **Definitions** — For purposes of this section, the term “covered employee” shall include employees of the Government Accountability Office and the term “employing office” shall include the Government Accountability Office.
(3) **Capitol Police** — Nothing in this section shall preclude the Capitol Police from using lie detector tests in accordance with regulations under subsection (c).
**(b) Remedy** The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under section 6(c)(1) of the Employee Polygraph Protection Act of 1988 ([29 U.S.C. 2005(c)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2005/c/1&num=0&edition=prelim)).
**(c) Regulations to implement section**
(1) **In general** — The Board shall, pursuant to [section 1384 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition=prelim), issue regulations to implement this section.
(2) **Agency regulations** — The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) except insofar as the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
**(d) Effective date**
(1) **In general** — Except as provided in paragraph (2), subsections (a) and (b) shall be effective 1 year after January 23, 1995.
(2) **Government Accountability Office and Library of Congress** — This section shall be effective with respect to the Government Accountability Office and the Library of Congress 1 year after transmission to the Congress of the study under [section 1371 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1371&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations**
(1) **In general** — The procedures applicable to the regulations of the Board issued for the implementation of this chapter, which shall include regulations the Board is required to issue under subchapter II (including regulations on the appropriate application of exemptions under the laws made applicable in subchapter II) are as prescribed in this section.
(2) **Rulemaking procedure** — Such regulations of the Board—
(A) shall be adopted, approved, and issued in accordance with subsection (b); and
(B) shall consist of 3 separate bodies of regulations, which shall apply, respectively, to—
(i) the Senate and employees of the Senate;
(ii) the House of Representatives and employees of the House of Representatives; and
(iii) all other covered employees and employing offices.
**(b) Adoption by Board** The Board shall adopt the regulations referred to in subsection (a)(1) in accordance with the principles and procedures set forth in [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) and as provided in the following provisions of this subsection:
(1) **Proposal** — The Board shall publish a general notice of proposed rulemaking under [section 553(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), but, instead of publication of a general notice of proposed rulemaking in the Federal Register, the Board shall transmit such notice to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Such notice shall set forth the recommendations of th
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Board shall undertake a study of—
(1) the application of the laws listed in subsection (b) to—
(A) the General Accounting Office;
(B) the Government Printing Office; and
(C) the Library of Congress; and
(2) the regulations and procedures used by the entities referred to in paragraph (1) to apply and enforce such laws to themselves and their employees.
**(b) Applicable statutes** The study under this section shall consider the application of the following laws:
(1) Title VII of the Civil Rights Act of 1964 ([42 U.S.C. 2000e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim) et seq.), and related provisions of [section 2302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim).
(2) The Age Discrimination in Employment Act of 1967 ([29 U.S.C. 621](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section621&num=0&edition=prelim) et seq.), and related provisions of [section 2302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim).
(3) The Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.), and related provisions of [section 2302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim).
(4) The Family and Medical Leave Act of 1993 ([29 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2611&num=0&edition=prelim) et seq.), and related provisions of sections 6381 through 6387 of title 5.
(5) The Fair Labor Standards Act of 1938 ([29 U
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1371
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Federal law — U.S. Code and appendices · legal_authorities
Page 313
TITLE 2—THE CONGRESS
§ 1315
‘‘(2) ADMINISTRATION.—In the administration of this
subsection, the remedies and procedures under the
Fair Employment Practices Resolution shall be ap-
plied. As used in this paragraph, the term ‘‘Fair Em-
ployment Practices Resolution’’ means House Resolu-
tion 558, One Hundredth Congress, agreed to October
4, 1988, as continued in effect by House Resolution 15,
One Hundred First Congress, agreed to January 3,
1989.
‘‘(b) ARCHITECT
OF
THE
CAPITOL
EMPLOYEES.—Not
later than 180 days after the date the minimum wage
rate prescribed by section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) is increased
pursuant to the amendment made by section 2, the
rights and protections under the Fair Labor Standards
Act of 1938 (29 U.S.C. 201 et seq.) shall apply with re-
spect to individuals employed under the Office of the
Architect of the Capitol.’’
§ 1314. Rights and protections under Employee
Polygraph Protection Act of 1988
(a) Polygraph practices prohibited
(1) In general
No employing office, irrespective of whether
a covered employee works in that employing
office, may require a covered employee to take
a lie detector test where such a test would be
prohibited if required by an employer under
paragraph (1), (2), or (3) of section 3 of the Em-
ployee Polygraph Protection Act of 1988 (29
U.S.C. 2002(1), (2), or (3)). In addition, the waiv-
er provisions of section 6(d) of such Act (29
U.S.C. 2005(d)) shall apply to covered employ-
ees.
(2) Definitions
For purposes of this section, the term ‘‘cov-
ered employee’’ shall include employees of the
Government Accountability Office and the
term ‘‘employing office’’ shall include the
Government Accountability Office.
(3) Capitol Police
Nothing in thi
Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 1314
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Federal law — U.S. Code and appendices · legal_authorities
Except as provided in sections 2006 and 2007 of this title, it shall be unlawful for any employer engaged in or affecting commerce or in the production of goods for commerce—
(1) directly or indirectly, to require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test;
(2) to use, accept, refer to, or inquire concerning the results of any lie detector test of any employee or prospective employee;
(3) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against—
(A) any employee or prospective employee who refuses, declines, or fails to take or submit to any lie detector test, or
(B) any employee or prospective employee on the basis of the results of any lie detector test; or
(4) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, any employee or prospective employee because—
(A) such employee or prospective employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter,
(B) such employee or prospective employee has testified or is about to testify in any such proceeding, or
(C) of the exercise by such employee or prospective employee, on behalf of such employee or another person, of any right afforded by this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
Page 762
TITLE 29—LABOR
§ 2001
§ 2001. Definitions
As used in this chapter:
(1) Commerce
The term ‘‘commerce’’ has the meaning pro-
vided by section 203(b) of this title.
(2) Employer
The term ‘‘employer’’ includes any person
acting directly or indirectly in the interest of
an employer in relation to an employee or pro-
spective employee.
(3) Lie detector
The term ‘‘lie detector’’ includes a poly-
graph, deceptograph, voice stress analyzer,
psychological stress evaluator, or any other
similar device (whether mechanical or elec-
trical) that is used, or the results of which are
used, for the purpose of rendering a diagnostic
opinion regarding the honesty or dishonesty of
an individual.
(4) Polygraph
The term ‘‘polygraph’’ means an instrument
that—
(A) records continuously, visually, perma-
nently, and simultaneously changes in car-
diovascular, respiratory, and electrodermal
patterns
as
minimum
instrumentation
standards; and
(B) is used, or the results of which are
used, for the purpose of rendering a diag-
nostic opinion regarding the honesty or dis-
honesty of an individual.
(5) Secretary
The term ‘‘Secretary’’ means the Secretary
of Labor.
(Pub. L. 100–347, § 2, June 27, 1988, 102 Stat. 646.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 100–347, § 11, June 27, 1988, 102 Stat. 653, pro-
vided that:
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), this Act [enacting this chapter] shall become effec-
tive 6 months after the date of enactment of this Act
[June 27, 1988].
‘‘(b) REGULATIONS.—Not later than 90 days after the
date of enactment of this Act, the Secretary shall issue
such rules and regulations as may be necessary or ap-
propriate to carry out this Act.’’
SHORT TITLE
Pub. L. 100–347, § 1, June 27, 19
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil penalties**
(1) **In general** — Subject to paragraph (2), any employer who violates any provision of this chapter may be assessed a civil penalty of not more than $10,000.
(2) **Determination of amount** — In determining the amount of any penalty under paragraph (1), the Secretary shall take into account the previous record of the person in terms of compliance with this chapter and the gravity of the violation.
(3) **Collection** — Any civil penalty assessed under this subsection shall be collected in the same manner as is required by subsections (b) through (e) of [section 1853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1853&num=0&edition=prelim) with respect to civil penalties assessed under subsection (a) of such section.
**(b) Injunctive actions by Secretary** The Secretary may bring an action under this section to restrain violations of this chapter. The Solicitor of Labor may appear for and represent the Secretary in any litigation brought under this chapter. In any action brought under this section, the district courts of the United States shall have jurisdiction, for cause shown, to issue temporary or permanent restraining orders and injunctions to require compliance with this chapter, including such legal or equitable relief incident thereto as may be appropriate, including, but not limited to, employment, reinstatement, promotion, and the payment of lost wages and benefits.
**(c) Private civil actions**
(1) **Liability** — An employer who violates this chapter shall be liable to the employee or prospective employee affected by such violation. Such employer shall be liable for such legal or equitable relief as may be appropriate, including, but not limited to, employment, reinstatement, promotio
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Federal law — U.S. Code and appendices · legal_authorities
Page 763
TITLE 29—LABOR
§ 2006
(b) Subpoena authority
For the purpose of any hearing or investiga-
tion under this chapter, the Secretary shall
have the authority contained in sections 49 and
50 of title 15.
(Pub. L. 100–347, § 5, June 27, 1988, 102 Stat. 647.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 6 months after June 27, 1988, except
that rules and regulations shall be issued not later
than 90 days after June 27, 1988, see section 11 of Pub.
L. 100–347, set out as a note under section 2001 of this
title.
§ 2005. Enforcement provisions
(a) Civil penalties
(1) In general
Subject to paragraph (2), any employer who
violates any provision of this chapter may be
assessed a civil penalty of not more than
$10,000.
(2) Determination of amount
In determining the amount of any penalty
under paragraph (1), the Secretary shall take
into account the previous record of the person
in terms of compliance with this chapter and
the gravity of the violation.
(3) Collection
Any civil penalty assessed under this sub-
section shall be collected in the same manner
as is required by subsections (b) through (e) of
section 1853 of this title with respect to civil
penalties assessed under subsection (a) of such
section.
(b) Injunctive actions by Secretary
The Secretary may bring an action under this
section to restrain violations of this chapter.
The Solicitor of Labor may appear for and rep-
resent the Secretary in any litigation brought
under this chapter. In any action brought under
this section, the district courts of the United
States shall have jurisdiction, for cause shown,
to issue temporary or permanent restraining or-
ders and injunctions to require compliance with
this chapter, including such legal or equitable
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