§2006 Exemptions

Summary

Exempts the U.S. Government, state and local governments, and their subdivisions from the chapter’s limits on lie detector (polygraph) tests. It lets the Federal Government use polygraphs for counterintelligence or intelligence work with certain people. That includes experts, consultants, and contractor employees working for the Department of Defense or Department of Energy on atomic energy defense; employees, contractors, applicants, or people who work where sensitive cryptologic information is handled for the National Security Agency, Defense Intelligence Agency, National Geospatial-Intelligence Agency, or Central Intelligence Agency; and people under contract who need access to information classified as top secret or placed in a special access program under section 4.2(a) of Executive Order 12356. It also allows polygraphs of contractor employees working for the FBI on counterintelligence tasks. Subject to sections 2007 and 2009 of this title, private employers may require polygraphs in three cases: during an ongoing investigation of economic loss (like theft or sabotage) when the employee had access to the property, there is reasonable suspicion, and the employer gives the worker a written, signed statement describing the incident, the employee’s access, and the reasons for suspicion and keeps that statement for at least 3 years. Employers whose main business is armored car services, security alarm design/installation/maintenance, or other security personnel may polygraph job applicants who would protect certain critical facilities, operations, or valuable assets as listed by the Secretary within 90 days after June 27, 1988 (examples include electric or nuclear power, public water, radioactive waste handling, and public transportation), or who would protect currency, negotiable securities, precious commodities, or proprietary information; the exemption does not apply to applicants who would not protect those items. Employers licensed to handle controlled substances under section 812 of title 21 may polygraph job candidates with direct access to those drugs, and may test current employees only during an ongoing investigation of misconduct involving the manufacture, distribution, or dispensing of such drugs if the employee had access to the person or property involved.