No 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. In addition, the waiver provisions of section 6(d) of such Act shall apply to covered employees.
The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under section 6(c)(1) of the Employee Polygraph Protection Act of 1988.
The President, or the designee of the President, shall issue regulations to implement this section.
(1) In general.— The President, or the designee of the President, shall issue regulations to implement this section.
(2) Agency regulations.— 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 to the extent that the President or designee 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.
Subsections (a) and (b) shall take effect on the earlier of—
(1) the effective date of regulations issued under subsection (c); or
(2) October 1, 1998.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4058.)
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