29 U.S. Code § 2006 - Exemptions
(a) No application to governmental employers
This chapter shall not apply with respect to the United States Government, any State or local government, or any political subdivision of a State or local government.
(b) National defense and security exemption
(1) National defense
Nothing in this chapter shall be construed to prohibit the administration, by the Federal Government, in the performance of any counterintelligence function, of any lie detector test to—
(A) any expert or consultant under contract to the Department of Defense or any employee of any contractor of such Department; or
Nothing in this chapter shall be construed to prohibit the administration, by the Federal Government, in the performance of any intelligence or counterintelligence function, of any lie detector test to—
(i) any individual employed by, assigned to, or detailed to, the National Security Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, or the Central Intelligence Agency,
(B) any expert, or consultant (or employee of such expert or consultant) under contract with any Federal Government department, agency, or program whose duties involve access to information that has been classified at the level of top secret or designated as being within a special access program under section 4.2(a) of Executive Order 12356 (or a successor Executive order).
(c) FBI contractors exemption
Nothing in this chapter shall be construed to prohibit the administration, by the Federal Government, in the performance of any counterintelligence function, of any lie detector test to an employee of a contractor of the Federal Bureau of Investigation of the Department of Justice who is engaged in the performance of any work under the contract with such Bureau.
(d) Limited exemption for ongoing investigations
Subject to sections 2007 and 2009 of this title, this chapter shall not prohibit an employer from requesting an employee to submit to a polygraph test if—
(1) the test is administered in connection with an ongoing investigation involving economic loss or injury to the employer’s business, such as theft, embezzlement, misappropriation, or an act of unlawful industrial espionage or sabotage;
(3) the employer has a reasonable suspicion that the employee was involved in the incident or activity under investigation; and
(4) the employer executes a statement, provided to the examinee before the test, that—
(A) sets forth with particularity the specific incident or activity being investigated and the basis for testing particular employees,
(B) is signed by a person (other than a polygraph examiner) authorized to legally bind the employer,
(D) contains at a minimum—
(ii) a statement indicating that the employee had access to the property that is the subject of the investigation, and
(e) Exemption for security services
(1) In general
Subject to paragraph (2) and sections 2007 and 2009 of this title, this chapter shall not prohibit the use of polygraph tests on prospective employees by any private employer whose primary business purpose consists of providing armored car personnel, personnel engaged in the design, installation, and maintenance of security alarm systems, or other uniformed or plainclothes security personnel and whose function includes protection of—
(A) facilities, materials, or operations having a significant impact on the health or safety of any State or political subdivision thereof, or the national security of the United States, as determined under rules and regulations issued by the Secretary within 90 days after June 27, 1988, including—
(i) facilities engaged in the production, transmission, or distribution of electric or nuclear power,
(f) Exemption for drug security, drug theft, or drug diversion investigations
(1) In general
The exemption provided under this subsection shall apply—
(A) if the test is administered to a prospective employee who would have direct access to the manufacture, storage, distribution, or sale of any such controlled substance; or
(B) in the case of a test administered to a current employee, if—
(i) the test is administered in connection with an ongoing investigation of criminal or other misconduct involving, or potentially involving, loss or injury to the manufacture, distribution, or dispensing of any such controlled substance by such employer, and
Source(Pub. L. 100–347, § 7,June 27, 1988, 102 Stat. 648; Pub. L. 103–359, title V, § 501(n),Oct. 14, 1994, 108 Stat. 3430; Pub. L. 104–201, div. A, title XI, § 1122(b)(3),Sept. 23, 1996, 110 Stat. 2687; Pub. L. 110–417, [div. A], title IX, § 931(b)(3),Oct. 14, 2008, 122 Stat. 4575.)
References in Text
Executive Order 12356, referred to in subsec. (b)(2)(B), was Ex. Ord. No. 12356, Apr. 2, 1982, 47 F.R. 14874, 15557, which was formerly set out as a note under section 435 of Title 50, War and National Defense, was revoked by Ex. Ord. No. 12958, § 6.1(d), Apr. 17, 1995, 60 F.R. 19843, and was reclassified as a note under section 3161 of this title. For provisions relating to special access programs, see section 4.3 of Ex. Ord. No. 13526.
2008—Subsec. (b)(2)(A)(i). Pub. L. 110–417substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.
1996—Subsec. (b)(2)(A)(i). Pub. L. 104–201substituted “National Imagery and Mapping Agency” for “Central Imagery Office”.
1994—Subsec. (b)(2)(A)(i). Pub. L. 103–359inserted “the Central Imagery Office,” after “Defense Intelligence Agency,”.
Effective Date of 1996 Amendment
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