CONCURRENT RESOLUTIONS—APR. 16, 1996 110 STAT. 4399 APPLICATION OF RIGHTS AND PROTECTIONS OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988 SUBPART A—GENERAL Sec. 1.1 Purpose and scope. 1.2 Definitions. 1.3 Coverage. 1.4 Prohibitions on lie detector use. 1.5 Effect on other laws or agreements. 1.6 Notice of protection. 1.7 Authority of the Board. 1.8 Employment relationship. SUBPART B—EXEMPTIONS 1.10 Exclusion for employees of the Capitol Police. [Reserved]. 1.11 Exemption for national defense and security. 1.12 Exemption for employing offices conducting investigations of economic loss or injury. 1.13 Exemption for employing offices authorized to manufacture, distribute, or dispense controlled substances. SUBPART C—RESTRICTIONS ON POLYGRAPH USAGE UNDER EXEMPTIONS 1.20 Adverse employment action under ongoing investigation exemption. 1.21 Adverse employment action under controlled substance exemption. 1.22 Rights of examinee—general. 1.23 Rights of examinee—pretest phase. 1.24 Rights of examinee—actual testing phase. 1.25 Rights of examinee—post-test phase. 1.26 Qualifications of and requirements for examiners. SUBPART D—RECORDKEEPING AND DISCLOSURE REQUIREMENTS 1.30 Records to be preserved for 3 years. 1.35 Disclosure of test information. SUBPART E—[RESERVED] 1.40 [Reserved]. Appendix A—Notice to Examinee. Authority: Pub. L. 104-1, 109 Stat. 3, 2 U.S.C. 1314(c). SUBPART A—GENERAL SEC. 1.1 PURPOSE AND SCOPE. Enacted into law on January 23, 1995, the Congressional Accountability Act ("CAA") directly applies the rights and protections of eleven Federal labor and employment law statutes to covered employees and employing offices within the legislative branch. Section 204(a) of the CAA, 2 U.S.C. § 1314(a) provides that no employing office may require any covered employee (including a covered employee who does not work in that employing office) to take a lie detector test where such test would be prohibited if required by an employer under paragraphs (1), (2) or (3) of section 3 of the Employee Polygraph Protection Act of 1988 (EPPA), 29 U.S.C. §2002 (1), (2) or (3). The purpose of this Part is to set forth the regulations to carry out the provisions of section 204 of the CAA. Subpart A contains the provisions generally applicable to covered employers, including the requirements relating to the prohibitions on lie detector use. Subpart B sets forth rules regarding the statutory exemptions from application of section 204 of the CAA. Subpart C sets forth the restrictions on polygraph usage under such exemptions. Subpart D sets forth the rules on recordkeeping and the disclosure of polygraph test information. 2&-194O-96 - 19:QL3Part6
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