[Congressional Record Volume 141, Number 154 (Friday, September 29, 1995)]
[House]
[Pages H9736-H9737]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     NOTICE OF PROPOSED RULEMAKING

                                                    U.S. Congress,


                                         Office of Compliance,

                               Washington, DC, September 22, 1995.
     Hon. Newt Gingrich,
     Speaker of the House of Representatives,
     Washington, DC.
       Dear Mr. Speaker: Pursuant to Section 304(b) of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 
     Sec. 1384(b)), I am transmitting on behalf of the Board of 
     Directors the enclosed notice of proposed rulemaking for 
     publication in the Congressional Record. The notice contains 
     the recommendation of the Executive Director which the Board 
     has approved regarding the Employee Polygraph Protection Act 
     of 1988 and its applicability to the Capitol Police under the 
     Congressional Accountability Act. The Congressional 
     Accountability Act specifies that the enclosed notice be 
     published on the first day on which both Houses are in 
     session following this transmittal.
           Sincerely,
                                                    Glen D. Nager,
                                               Chair of the Board.


                          office of compliance

       The Congressional Accountability Act of 1995: Extension of 
     Rights and Protections Under the Employee Polygraph 
     Protection Act of 1988.


                     notice of proposed rulemaking

       Summary: This document contains proposed regulations 
     authorizing the Capitol Police to use lie detector tests 
     under Section 204(a)(3) and (c) of the Congressional 
     Accountability Act of 1995 (``CAA''), P.L. 104-1. The 
     proposed regulations set forth the recommendations of the 
     Executive Director, Office of Compliance as approved by the 
     Board of Directors, Office of Compliance.
       The CAA applies the rights and protections of eleven 
     federal labor and employment law statutes to covered 
     employees and employing offices within the legislative 
     branch. Section 204 extends the rights and protections of the 
     Employee Polygraph Protection Act of 1988 [29 U.S.C. 
     Sec. Sec. 2201, et seq.] to covered employees and employing 
     offices. The provisions of section 204 are effective January 
     23, 1996, one year after the effective date of the CAA.
       The purpose of this proposed regulation is to authorize the 
     Capitol Police to use lie detector tests with respect to its 
     own employees.
       Dates: Comments are due on or before 30 days after the date 
     of publication of this notice in the Congressional Record.
       Addresses: Submit written comments (an original and 10 
     copies) to the Chair of the Board of Directors, Office of 
     Compliance, Room LA 200, Library of Congress, Washington, 
     D.C. 20540-1999. Those wishing to receive notification of 
     receipt of comments are requested to include a self-
     addressed, stamped post card. Comments may also be 
     transmitted by facsimile (``FAX'') machine to (202) 252-3115. 
     This is not a toll-free call. Copies of comments submitted by 
     the public will be available for review at the Law Library 
     Reading Room, Room LM-201, Law Library of Congress, James 
     Madison Memorial Building, Washington, D.C., Monday through 
     Friday, between the hours of 9:30 a.m. and 4:00 p.m.
       For Further Information Contact: Executive Director, Office 
     of Compliance at (202) 252-3100. This notice is also 
     available in the following formats: large print, braille, 
     audio tape, and electronic file on computer disk. Requests 
     for this notice in an alternative format should be made to 
     Mr. Russell Jackson, Director, Service Department, Office of 
     the Sergeant at Arms and Doorkeeper of the Senate, (202) 244-
     2705.
       Supplementary Information:
     Background and Summary
       The Congressional Accountability Act of 1995 (``CAA'') was 
     enacted into law on January 23, 1995. In general, the CAA 
     applies the rights and protections of eleven federal labor 
     and employment law statutes to covered employees and 
     employing offices within the legislative branch. Section 
     204(a) and (b) of the CAA applies the rights and protections 
     of the Employee Polygraph Protection Act of 1988, 29 U.S.C. 
     Sec. 2001, et seq. (``EPPA'') to covered employees and 
     employing offices. Section 204(c) authorizes the Board of 
     Directors of the Office of Compliance (``Board'') established 
     under the CAA to issue regulations 

[[Page H 9737]]
     implementing the section. Section 204(c) further states that such 
     regulations ``shall be the same as substantive regulations 
     issued 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.'' Section 204(a)(3) provides that nothing in this 
     section shall preclude the Capitol Police from using lie 
     detector tests in accordance with regulations issued under 
     section 204(c) of the CAA.
       The Capitol Police is the primary law enforcement agency of 
     the legislative branch. The proposed regulations would 
     provide the Capitol Police with specific authorization to use 
     lie detector tests. The limitations on the exclusion of the 
     proposed regulation are derived from the Secretary of Labor's 
     regulation implementing the exclusion for public sector 
     employers under Section 7(a) of the EPPA (29 C.F.R. 
     Sec. 801.10(d)), which limits the exclusion to the entity's 
     own employees.
       The Board issues concurrently with this proposed regulation 
     a separate Advance Notice of Proposed Rulemaking which 
     invites comment regarding a number of other regulatory 
     issues, including what regulations, if any, the Board should 
     issue to implement the remainder of Section 204.
     Proposed Regulation
       Exclusion for employees of the Capitol Police. None of the 
     limitations on the use of lie detector tests by employing 
     offices set forth in Section 204 of the CAA apply to the 
     Capitol Police. This exclusion from the limitations of 
     Section 204 of the CAA applies only with respect to Capitol 
     Police employees. Except as otherwise provided by law or 
     these regulations, this exclusion does not extend to 
     contractors or nongovernmental agents of the Capitol Police, 
     nor does it extend to the Capitol Police with respect to 
     employees of a private employer or an otherwise covered 
     employing office with which the Capitol Police has a 
     contractual or other business relationship.
     Recommended Method of Approval
       The Board recommends that this regulation be approved by 
     concurrent resolution in light of the nature of the work 
     performed by the Capitol Police and the fact that neither the 
     House of Representatives nor the Senate has exclusive 
     responsibility for the Capitol Police.
       Signed at Washington, D.C., on this 27th day of September, 
     1995.

                                                Glen D. Nager,

                                               Chair of the Board,
     Office of Compliance.

                          ____________________