Page:United States Statutes at Large Volume 110 Part 6.djvu/593

 CONCURRENT RESOLUTIONS—APR. 16, 1996 110 STAT. 4415 (2) Informed orally and in writing of the nature and characteristics of the polygraph instrument and examination, including an explanation of the physical operation of the poly- graph instrument and the procedure used during the examination. (3) Provided with a written notice prior to the testing phase, in a language understood by the examinee, which shall be read to and signed by the examinee. Use of Appendix A to this part, if properly completed, will constitute compliance with the contents of the notice requirement of this paragraph. If a format other than in Appendix A is used, it must contain at least the following information: (i) Whether or not the polygraph examination area contains a two-way mirror, a camera, or other device through which the examinee may be observed; (ii) Whether or not any other device, such as those used in conversation or recording will be used during the examination; (iii) That both the examinee and the employing office have the right, with the other's knowledge, to mgike a recording of the entire examination; (iv) That the examinee has the right to terminate the test at any time; (v) That the examinee has the right, and will be given the opportunity, to review all questions to be asked during the test; (vi) That the examinee may not be asked questions in a manner which degrades, or needlessly intrudes; (vii) That the examinee may not be asked any questions concerning religious beliefs or opinions; beliefs regarding racial matters; political beliefs or affiliations; matters relating to sexual behavior; beliefs, affiliations, opinions, or lawful activities regarding unions or labor organizations; (viii) That the test may not be conducted if there is sufficient written evidence by a physician that the examinee is suffering from a medical or psychological condition or undergoing treatment that might cause abnormal responses during the examination; (ix) That the test is not and cannot be required as a condition of employment; (x) That the employing office may not discharge, dismiss, discipline, deny employment or promotion, or otherwise discriminate against the examinee based on the analy- sis of a polygraph test, or based on the examinee's refusal to take such a test, without additional evidence which would support such action; (xi)(A) In connection with an ongoing investigation, that the additional evidence required for the employing office to take adverse action against the examinee, including termination, may be evidence that the examinee had access to the property that is the subject of the investigation, together with evidence supporting the employing office's reasonable suspicion that the examinee was involved in the incident or activity under investigation; (B) That any statement made by the examinee before or during the test may serve as additional supporting evidence for an adverse employment action, as described in

�