Page:United States Statutes at Large Volume 102 Part 1.djvu/690

 102 STAT. 652

PUBLIC LAW 100-347—JUNE 27, 1988 (E) is provided an opportunity to review all questions to be asked during the test and is informed of the right to terminate the test at any time. (3) ACTUAL TESTING PHASE.—During the actual testing phase, the examiner does not ask such examinee any question relevant during the test that was not presented in writing for review to such examinee before the test. (4) POST-TEST PHASE.—Before any adverse employment action, the employer shall— (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 conclusion 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 complete more than five polygraph tests on a calendar 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 7 shall not apply unless the individual who conducts the polygraph test satisfies the requirements under the following paragraphs: (1) QuAUFiCATiONS.—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 conducted, if so required by the State; and (B) maintains a minimum of a $50,000 bond or an equivalent amount of professional liability coverage. (2) REQUIREMENTS.—The examiner—

Records. 29 USC 2008.

(A) renders any opinion or conclusion regarding 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 relevant to the purpose and stated objectives of the test, and (iii) that does not include any recommendation 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. SEC. 9. DISCLOSURE OF INFORMATION. (a) IN GENERAL.—A person, other than the examinee, may not disclose information obtained during a polygraph test, except as provided in this section. flb) PERMrrTED DISCLOSURES.—A polygraph examiner may disclose information acquired from a polygraph test only to— (1) the examinee or any other person specifically designated in writing by the examinee; (2) the employer that requested the test; or

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