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29 U.S.C. § 2001 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter:
(1) **Commerce** — The term “commerce” has the meaning provided by [section 203(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section203/b&num=0&edition=prelim).
(2) **Employer** — The term “employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee.
(3) **Lie detector** — The term “lie detector” includes a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device (whether mechanical or electrical) 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, permanently, and simultaneously changes in cardiovascular, 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 diagnostic opinion regarding the honesty or dishonesty of an individual.
(5) **Secretary** — The term “Secretary” means the Secretary of Labor.
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Stable record: federal_law:legal_authorities:record_usc_eb56b1e1c794b805aa7e9b2a
Source file: Laws/federal/codes/united-states-code/title-29/section-2001-definitions--9770a256f1.md
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Source location: Title 29, Chapter 22, § 2001; chapter-022-employee-polygraph-protection.md
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As used in this chapter:
(1) **Commerce** — The term “commerce” has the meaning provided by [section 203(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section203/b&num=0&edition=prelim).
(2) **Employer** — The term “employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee.
(3) **Lie detector** — The term “lie detector” includes a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device (whether mechanical or electrical) 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, permanently, and simultaneously changes in cardiovascular, 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 diagnostic opinion regarding the honesty or dishonesty of an individual.
(5) **Secretary** — The term “Secretary” means the Secretary of Labor.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Laws made applicable** The following laws shall apply, as prescribed by this chapter, to the legislative branch of the Federal Government:
(1) The Fair Labor Standards Act of 1938 ([29 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) et seq.).
(2) 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.).
(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.).
(4) 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.).
(5) 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.).
(6) The Occupational Safety and Health Act of 1970 ([29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.).
(7) Chapter 71 (relating to Federal service labor-management relations) of title 5.
(8) The Employee Polygraph Protection Act of 1988 ([29 U.S.C. 2001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2001&num=0&edition=prelim) et seq.).
(9) The Worker Adjustment and Retraining Notification Act ([29 U.S.C. 2101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2101&num=0&edition=prelim) et seq.).
(10) The Rehabilitation Act of 1973 ([29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-s
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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
The Judicial Conference of the United States shall prepare a report for submission by the Chief Justice of the United States to the Congress on the application to the judicial branch of the Federal Government of—
(1) the Fair Labor Standards Act of 1938 ([29 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) et seq.);
(2) 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.);
(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.);
(4) 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.);
(5) 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.);
(6) the Occupational Safety and Health Act of 1970 ([29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.);
(7) chapter 71 (relating to Federal service labor-management relations) of title 5;
(8) the Employee Polygraph Protection Act of 1988 ([29 U.S.C. 2001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2001&num=0&edition=prelim) et seq.);
(9) the Worker Adjustment and Retraining Notification Act ([29 U.S.C. 2101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2101&num=0&edition=prelim) et seq.);
(10) the Rehabilitation Act of 1973 ([29 U.S.C. 701](ht
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1434
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** For purposes of this subtitle, the term “adjusted gross income” means, in the case of an individual, gross income minus the following deductions:
(1) **Trade and business deductions** — The deductions allowed by this chapter (other than by part VII of this subchapter) which are attributable to a trade or business carried on by the taxpayer, if such trade or business does not consist of the performance of services by the taxpayer as an employee.
(2) **Certain trade and business deductions of employees**
(A) *Reimbursed expenses of employees* — The deductions allowed by part VI (section 161 and following) which consist of expenses paid or incurred by the taxpayer, in connection with the performance by him of services as an employee, under a reimbursement or other expense allowance arrangement with his employer. The fact that the reimbursement may be provided by a third party shall not be determinative of whether or not the preceding sentence applies.
(B) *Certain expenses of performing artists* — The deductions allowed by section 162 which consist of expenses paid or incurred by a qualified performing artist in connection with the performances by him of services in the performing arts as an employee.
(C) *Certain expenses of officials* — The deductions allowed by section 162 which consist of expenses paid or incurred with respect to services performed by an official as an employee of a State or a political subdivision thereof in a position compensated in whole or in part on a fee basis.
(D) *Certain expenses of elementary and secondary school teachers* — The deductions allowed by section 162 which consist of expenses, not in excess of $250, paid or incurred by an eligible educator—
(i) by reason of the participation of the educator
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 62
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2002
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall prepare, have printed, and distribute a notice setting forth excerpts from, or summaries of, the pertinent provisions of this chapter. Each employer shall post and maintain such notice in conspicuous places on its premises where notices to employees and applicants to employment are customarily posted.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2003
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall—
(1) issue such rules and regulations as may be necessary or appropriate to carry out this chapter;
(2) cooperate with regional, State, local, and other agencies, and cooperate with and furnish technical assistance to employers, labor organizations, and employment agencies to aid in effectuating the purposes of this chapter; and
(3) make investigations and inspections and require the keeping of records necessary or appropriate for the administration of this chapter.
**(b) Subpoena authority** For the purpose of any hearing or investigation under this chapter, the Secretary shall have the authority contained in sections 49 and 50 of title 15.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2004
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2005
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Federal law — U.S. Code and appendices · legal_authorities
**(a) No application to governmental employers** This chapter shall not apply with respect to the United States Government, any State or local government, or any political subdivision of a State or local government.
**(b) National defense and security exemption**
(1) **National defense** — Nothing in this chapter shall be construed to prohibit the administration, by the Federal Government, in the performance of any counterintelligence function, of any lie detector test to—
(A) any expert or consultant under contract to the Department of Defense or any employee of any contractor of such Department; or
(B) any expert or consultant under contract with the Department of Energy in connection with the atomic energy defense activities of such Department or any employee of any contractor of such Department in connection with such activities.
(2) **Security** — Nothing in this chapter shall be construed to prohibit the administration, by the Federal Government, in the performance of any intelligence or counterintelligence function, of any lie detector test to—
(A)
(i) any individual employed by, assigned to, or detailed to, the National Security Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, or the Central Intelligence Agency,
(ii) any expert or consultant under contract to any such agency,
(iii) any employee of a contractor to any such agency,
(iv) any individual applying for a position in any such agency, or
(v) any individual assigned to a space where sensitive cryptologic information is produced, processed, or stored for any such agency; or
(B) any expert, or consultant (or employee of such expert or consultant) under contract with any Federal Government department, agency, or program whose duties
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2006
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Test as basis for adverse employment action**
(1) **Under ongoing investigations exemption** — Except as provided in paragraph (2), the exemption under subsection (d) of [section 2006 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2006&num=0&edition=prelim) shall not apply if an employee is discharged, disciplined, denied employment or promotion, or otherwise discriminated against in any manner on the basis of the analysis of a polygraph test chart or the refusal to take a polygraph test, without additional supporting evidence. The evidence required by such subsection may serve as additional supporting evidence.
(2) **Under other exemptions** — In the case of an exemption described in subsection (e) or (f) of such section, the exemption shall not apply if the results of an analysis of a polygraph test chart are used, or the refusal to take a polygraph test is used, as the sole basis upon which an adverse employment action described in paragraph (1) is taken against an employee or prospective employee.
**(b) Rights of examinee** The exemptions provided under subsections (d), (e), and (f) of [section 2006 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2006&num=0&edition=prelim) shall not apply unless the requirements described in the following paragraphs are met:
(1) **All phases** — Throughout all phases of the test—
(A) the examinee shall be permitted to terminate the test at any time;
(B) the examinee is not asked questions in a manner designed to degrade, or needlessly intrude on, such examinee;
(C) the examinee is not asked any question concerning—
(i) religious beliefs or affiliations,
(ii) beliefs or opinions regarding racial matters,
(iii) poli
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2007
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