Page:United States Statutes at Large Volume 110 Part 6.djvu/595

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CONCURRENT RESOLUTIONS—APR. 16, 1996 110 STAT. 4417 the nature and characteristics of the examination and the instruments involved, as prescribed in section 8(b)(2)(B) of the EPPA and section 1.23(a)(2) of this part, and ends when the examiner completes the review of the test results with the exeiminee as provided in section 1.25 of this part. The ninety-minute minimum duration shall not apply if the examinee voluntarily acts to terminate the test before the completion thereof, in which event the examiner may not render an opinion regarding the employee's truthfulness. SEC. 1.25 RIGHTS OF EXAMINEE—POST-TEST PHASE. (a) The post-test phase refers to emy questioning or other communication with the examinee following the use of the polygraph instrument, including review of the results of the test with the examinee. Before any adverse employment action, the employing office must: (1) Further interview the examinee on the basis of the test results; and (2) Give to the examinee a written copy of any opinions or conclusions rendered in response to the test, as well as the questions asked during the test, with the corresponding charted responses. The term "corresponding charted responses refers to copies of the entire examination charts recording the employee's physiological responses, and not just the examiner's written report which describes the examinee's responses to the questions as "charted" by the instrument. SEC. 1^6 QUALIFICATIONS OF AND REQUIREMENTS FOR EXAMINERS. (a) Section 8(b) and (c) of the EPPA provides that the limited exemption in section 7(d) of the EPPA for ongoing investigations shall not apply unless the person conducting the polygraph examination meets specified qualifications and requirements. (b) An examiner must meet the following qualifications: (1) Have a valid current license, if required by the State in which the test is to be conducted; and (2) Carry a minimum bond of $50,000 provided by a surety incorporated under the laws of the United States or of any State, which may under those laws guarantee the fidelity of persons holding positions of trust, or carry an equivalent amount of professional liability coverage. (c) An examiner must also, with respect to examinees identified by the employing office pursuant to section 1.30(c) of this part: (1) Observe all rights of examinees, as set out in sections 1.22, 1.23, 1.24, and 1.25 of this part; (2) Administer no more than five polygraph examinations in any one calendar day on which a test or tests subject to the provisions of EPPA are administered, not counting those instances where an examinee voluntarily terminates an exeunination prior to the actual testing phase; (3) Administer no polygraph examination subject to the provisions of the EPPA which is less than ninety minutes in duration, as described in section 1.24(b) of this part; and (4) Render any opinion or conclusion regarding truthftdness or deception in writing. Such opinion or conclusion must be based solely on the polygraph test results. The written report shall not contain any information other than admissions, information, case facts, and interpretation of the charts relevant to the stated purpose of the polygraph test and shall not include