29 U.S.C. § 2008 — Disclosure of information

Page 766 TITLE 29—LABOR § 2008 (A) further interview the examinee on the basis of the results of the test; and (B) provide the examinee with— (i) a written copy of any opinion or con- clusion rendered as a result of the test, and (ii) a copy of the questions asked during the test along with the corresponding charted responses. (5) Maximum number and minimum duration of tests The examiner shall not conduct and com- plete more than five polygraph tests on a cal- endar day on which the test is given, and shall not conduct any such test for less than a 90- minute duration. (c) Qualifications and requirements of examiners The exemptions provided under subsections (d), (e), and (f) of section 2006 of this title shall not apply unless the individual who conducts the polygraph test satisfies the requirements under the following paragraphs: (1) Qualifications The examiner— (A) has a valid and current license granted by licensing and regulatory authorities in the State in which the test is to be con- ducted, if so required by the State; and (B) maintains a minimum of a $50,000 bond or an equivalent amount of professional li- ability coverage. (2) Requirements The examiner— (A) renders any opinion or conclusion re- garding the test— (i) in writing and solely on the basis of an analysis of polygraph test charts, (ii) that does not contain information other than admissions, information, case facts, and interpretation of the charts rel- evant to the purpose and stated objectives of the test, and (iii) that does not include any rec- ommendation concerning the employment of the examinee; and (B) maintains all opinions, reports, charts, written questions, lists, and other records relating to the test for a minimum period of 3 years after administration of the test. (Pub. L. 100–347, § 8, June 27, 1988, 102 Stat. 650.) 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. § 2008. Disclosure of information (a) In general A person, other than the examinee, may not disclose information obtained during a poly- graph test, except as provided in this section. (b) Permitted disclosures A polygraph examiner may disclose informa- tion acquired from a polygraph test only to— (1) the examinee or any other person specifi- cally designated in writing by the examinee; (2) the employer that requested the test; or (3) any court, governmental agency, arbi- trator, or mediator, in accordance with due process of law, pursuant to an order from a court of competent jurisdiction. (c) Disclosure by employer An employer (other than an employer de- scribed in subsection (a), (b), or (c) of section 2006 of this title) for whom a polygraph test is conducted may disclose information from the test only to— (1) a person in accordance with subsection (b); or (2) a governmental agency, but only insofar as the disclosed information is an admission of criminal conduct. (Pub. L. 100–347, § 9, June 27, 1988, 102 Stat. 652.) 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. § 2009. Effect on other law and agreements Except as provided in subsections (a), (b), and (c) of section 2006 of this title, this chapter shall not preempt any provision of any State or local law or of any negotiated collective bargaining agreement that prohibits lie detector tests or is more restrictive with respect to lie detector tests than any provision of this chapter. (Pub. L. 100–347, § 10, June 27, 1988, 102 Stat. 653.) 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. CHAPTER 23—WORKER ADJUSTMENT AND RETRAINING NOTIFICATION Sec. 2101. Definitions; exclusions from definition of loss of employment. 2102. Notice required before plant closings and mass layoffs. 2103. Exemptions. 2104. Administration and enforcement of require- ments. 2105. Procedures in addition to other rights of em- ployees. 2106. Procedures encouraged where not required. 2107. Authority to prescribe regulations. 2108. Effect on other laws. 2109. Report on employment and international competitiveness. § 2101. Definitions; exclusions from definition of loss of employment (a) Definitions As used in this chapter— (1) the term ‘‘employer’’ means any business enterprise that employs—