Page:United States Statutes at Large Volume 110 Part 6.djvu/579

 CONCURRENT RESOLUTIONS—APR. 16, 1996 110 STAT. 4401 include any systems that utilize voice stress analysis, whether or not an opinion on honesty or dishonesty is specifically rendered. (2) The term "lie detector" does not include medical tests used to determine the presence or absence of controlled substances or alcohol in bodily fluids. Also not included in the definition of lie detector are written or oral tests commonly referred to as "honesty" or "paper and pencil" tests, machine-scored or otherwise; and graphology tests commonly referred to as handwriting tests. (k) The term "polygraph" means an instrument that— (1) records continuously, visually, permanently, and simultaneously changes in ceirdiovascular, respiratory, and electrodermal patterns as minimum instnmientation standards; and (2) 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. (1) "Board" means the Board of Directors of the Office of Compliance. (m) "Office" means the Office of Complisince. SEC. 1.3 COVERAGE. The coverage of section 204 of the Act extends to any "covered employee" or "covered employing office" without regard to the number of employees or the employing office's effect on interstate commerce. SEC. 1.4 PROHIBITIONS ON LIE DETECTOR USE. (a) Section 204 of the CAA provides that, subject to the exemptions of the EPPA incorporated into the CAA under section 225(f) of the CAA, as set forth in section 1.10 through 1.12 of this Part, employing offices are prohibited from: (1) Requiring, requesting, suggesting or causing, directly or indirectly, any covered employee or prospective employee to take or submit to a lie detector test; (2) Using, accepting, or inquiring about the results of a lie detector test of any covered employee or prospective employee; and (3) Discharging, disciplining, discriminating against, deny- ing employment or promotion, or threatening any covered employee or prospective employee to take such action for refiisal or failure to take or submit to such test, or on the basis of the results of a test. The above prohibitions apply irrespective of whether the covered employee referred to in paragraph (1), (2) or (3), above, works in that employing office. (b) An employing office that reports a theft or other incident involving economic loss to police or other law enforcement authorities is not engaged in conduct subject to the prohibitions under paragraph (a) of this section if, during the normal course of a subsequent investigation, such authorities deem it necessary to administer a polygraph test to a covered employee(s) suspected of involvement in the reported incident. Employing offices that cooperate with police authorities during the course of their investigations into criminal misconduct are l&ewise not deemed engaged in prohibitive conduct: Provided, That such cooperation is passive in nature. For example, it is not uncommon for police authorities to request employees suspected of theft or criminal activity to submit to a polygraph test during the employee's tour of duty

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