§1314 — Title 2 The Congress | U.S. Code

§1314 Rights and Protections Under Employee Polygraph Protection Act of 1988

Title 2 › Chapter 24— CONGRESSIONAL ACCOUNTABILITY › Subchapter II— EXTENSION OF RIGHTS AND PROTECTIONS › Part A— Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation › § 1314

Last updated Apr 3, 2026|Official source

Summary

Federal offices cannot make covered employees take lie detector tests in the situations that the Employee Polygraph Protection Act (29 U.S.C. 2002(1), (2), or (3)) forbids. The same waiver rules that the Act gives in 29 U.S.C. 2005(d) apply to covered employees. Covered employee includes workers at the Government Accountability Office, and employing office includes the Government Accountability Office. The Capitol Police may still use lie detector tests if they follow rules the Board writes under subsection (c). If the rule is broken, the remedy is the one listed in 29 U.S.C. 2005(c)(1). The Board must make rules under section 1384 to carry out these protections. Those rules should match the Labor Secretary’s rules for the same parts of the Act unless the Board shows good reason to change them. Subsections (a) and (b) take effect 1 year after January 23, 1995. For the Government Accountability Office and the Library of Congress, they take effect 1 year after the study under section 1371 is sent to Congress.

Title 2, §1314

The Congress — Source: USLM XML via OLRC

(a)(1)No employing office, irrespective of whether a covered employee works in that employing office, may require a covered employee to take a lie detector test where such a test would be prohibited if required by an employer under paragraph (1), (2), or (3) of section 3 of the Employee Polygraph Protection Act of 1988 (29 U.S.C. 2002(1), (2), or (3)). In addition, the waiver provisions of section 6(d) of such Act (29 U.S.C. 2005(d)) shall apply to covered employees.

(2)For purposes of this section, the term “covered employee” shall include employees of the Government Accountability Office and the term “employing office” shall include the Government Accountability Office.

(3)Nothing in this section shall preclude the Capitol Police from using lie detector tests in accordance with regulations under subsection (c).

(b)The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under section 6(c)(1) of the Employee Polygraph Protection Act of 1988 (29 U.S.C. 2005(c)(1)).

(c)(1)The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section.

(2)The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) except insofar as the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.

(d)(1)Except as provided in paragraph (2), subsections (a) and (b) shall be effective 1 year after January 23, 1995.

(2)This section shall be effective with respect to the Government Accountability Office and the Library of Congress 1 year after transmission to the Congress of the study under section 1371 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (a)(2). Pub. L. 115–141 struck out “and the Library of Congress” after “the Government Accountability Office” in two places. 2004—Subsec. (a)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in two places. Subsec. (d)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading and text.