[Federal Register Volume 85, Number 158 (Friday, August 14, 2020)]
[Notices]
[Pages 49681-49682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17792]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Application of the Employee Polygraph 
Protection Act

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting this Wage and Hour 
Division (WHD)-sponsored information collection request (ICR) to the 
Office of Management and Budget (OMB) for review and approval in 
accordance with the Paperwork Reduction Act of 1995

[[Page 49682]]

(PRA). Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before September 14, 2020.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Anthony May by telephone at 202-693-
4129 (this is not a toll-free number) or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Comments are invited on: (1) Whether the 
collection of information is necessary for the proper performance of 
the functions of the Department, including whether the information will 
have practical utility; (2) if the information will be processed and 
used in a timely manner; (3) the accuracy of the agency's estimates of 
the burden and cost of the collection of information, including the 
validity of the methodology and assumptions used; (4) ways to enhance 
the quality, utility and clarity of the information collection; and (5) 
ways to minimize the burden of the collection of information on those 
who are to respond, including the use of automated collection 
techniques or other forms of information technology.
    The Wage and Hour Division (WHD) of the Department of Labor (DOL) 
administers the Employee Polygraph Protection Act of 1988 (EPPA), 29 
U.S.C. 2001 et seq. The EPPA prohibits most private employers from 
using any lie detector tests either for pre-employment screening or 
during the course of employment. The Act contains an exemption 
applicable to Federal, State and local government employers. The EPPA 
also contains several limited exemptions authorizing polygraph tests 
under certain conditions, including testing: (1) By the Federal 
Government of experts, consultants, or employees of Federal contractors 
engaged in national security intelligence or counterintelligence 
functions; (2) of employees the employer reasonably suspects of 
involvement in a workplace incident resulting in economic loss or 
injury to the employer's business; (3) of some prospective employees of 
private armored cars, security alarm and security guard firms; and (4) 
of some current and prospective employees of certain firms authorized 
to manufacture, distribute, or dispense controlled substances. The WHD 
may assess civil money penalties against employers who violate any EPPA 
provision. This amount increases annually due to the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015. On 
November 2, 2015, the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 was signed into law to advance the 
effectiveness of civil money penalties and to strengthen their 
deterrent effect. Outdated penalties are a problem because civil 
penalties are less effective when they do not keep pace with the cost 
of living. The law directs agencies across the federal government to 
adjust their penalties for inflation each year in January. For 
additional substantive information about this ICR, see the related 
notice published in the Federal Register on November 20, 2019 (84 FR 
64109).
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless the OMB approves it and displays a currently valid 
OMB Control Number. In addition, notwithstanding any other provisions 
of law, no person shall generally be subject to penalty for failing to 
comply with a collection of information that does not display a valid 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review.
    Agency: DOL-WHD.
    Title of Collection: Application of the Employee Polygraph 
Protection Act.
    OMB Control Number: 1235-0005.
    Affected Public: Private Sector: Businesses or other for-profits, 
farms, and not-for-profit institutions.
    Total Estimated Number of Respondents: 299,900.
    Total Estimated Number of Responses: 757,400.
    Total Estimated Annual Time Burden: 68,739 hours.
    Total Estimated Annual Other Costs Burden: $0.

    Authority: 44 U.S.C. 3507(a)(1)(D).

    Dated: August 10, 2020.
Anthony May,
Management and Program Analyst.
[FR Doc. 2020-17792 Filed 8-13-20; 8:45 am]
BILLING CODE 4510-27-P