Page:United States Statutes at Large Volume 110 Part 6.djvu/597

 CONCURRENT RESOLUTIONS—APR. 16, 1996 110 STAT. 4419 and review of the initial examiner's opinion concerning the indications of truthfulness or deception. Such action would not constitute disclosure under this part provided that the other examiner has no direct or indirect interest in the matter. SUBPART E—[RESERVED] SEC. 1.40 [RESERVED]. APPENDIX A TO PART 801—NOTICE TO EXAMINEE Section 204 of the Congressional Accountability Act, which applies the rights and protections of section 8(b) of the Employee Polygraph Protection Act to covered employees and employing offices, and the regulations of the Board of Directors of the Office of Compliance (sections 1.22, 1.23, 1.24, and 1.25), require that you be given the following information before taking a polygraph examination: 1. (a) The polygraph examination area [does] [does not] contain a two-way mirror, a camera, or other device through which you may be observed. (b) Another device, such as those used in conversation or recording [will] [will not] be used during the examination. (c) Both you and the employing office have the right, with the other's knowledge, to record electronically the entire examination. 2. (a) You have the right to terminate the test at any time. (b) You have the right, and will be given the opportunity, to review all questions to be asked during the test. (c) You may not be asked questions in a manner which degrades, or needlessly intrudes. (d) You may not be asked any questions concerning: Religious beliefs or opinions; beliefs regarding racial matters; political beliefs or affiliations; matters relating to sexual preference or behavior; beliefs, affiliations, opinions, or lawful activities regarding unions or labor organizations. (e) The test may not be conducted if there is sufficient written evidence by a physician that you are suffering from a medical or psychological condition or undergoing treatment that might cause abnormal responses during the examination. (f) You have the right to consult with legal counsel or other representative before each phase of the test, although the legal counsel or other representative may be excluded from the room where the test is administered during the actual testing phase. 3. (a) The test is not and cannot be required as a condition of employment. (b) The employing office may not discharge, dismiss, discipline, deny employment or promotion, or otherwise discriminate against you based on the analysis of a poly- graph test, or based on your refusal to take such a test without additional evidence which would support such action. (c)(1) In connection with an ongoing investigation, the additional evidence required for an employing office to take adverse action against you, including termination, may be (A) evidence that you had access to the property that is the subject of the investigation, together with (B) the evidence supporting the employing office's reasonable suspicion that you were involved in the incident or activity under investigation. (2) Any statement made by you before or during the test may serve as additional supporting evidence for an adverse employment action, as described in 3(b) above, and any admission of criminal conduct by you may be transmitted to an appropriate Government law enforcement agency. 4. (a) Information acquired from a polygraph test may be disclosed by the examiner or by the employing office only: (1) To you or any other person specifically designated in writing by you to receive such information;

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