---
kind: "section"
citation: "3 U.S.C. § 414"
title: "3"
title_heading: "The President"
number: "414"
heading: "Rights and protections under the Employee Polygraph Protection Act of 1988"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/3/414"
units:
  - "Chapter 5 — Extension of Certain Rights and Protections to Presidential Offices"
  - "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"
---

# §414. Rights and protections under the Employee Polygraph Protection Act of 1988

- (a) **Polygraph Practices Prohibited.—** No [employing office](/usc/3/401.md?p=a-4) may require a [covered employee](/usc/3/401.md?p=a-2) to take a lie detector test where such a test would be prohibited if required by an employer under paragraph [(1)](/usc/3/3.md), [(2)](/usc/3/3.md), or [(3)](/usc/3/3.md) of section 3 of the [Employee](/usc/3/401.md?p=a-3) Polygraph Protection Act of 1988. In addition, the waiver provisions of [section 6(d)](/usc/3/6.md) of such Act shall apply to [covered employees](/usc/3/401.md?p=a-2).
- (b) **Remedy.—** The remedy for a violation of [subsection (a)](#a) shall be such damages as would be appropriate if awarded under section 6(c)(1) of the [Employee](/usc/3/401.md?p=a-3) Polygraph Protection Act of 1988.
- (c) **Regulations To Implement 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)](#c-1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections [(a)](#a) and [(b)](#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.
- (d) **Effective Date.—** Subsections [(a)](#a) and [(b)](#b) shall take effect on the earlier of—
  - (1) the effective date of regulations issued under [subsection (c)](#c); or
  - (2) October 1, 1998.

## Source credit

(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4058.)

## Notes

### Editorial Notes

### References in Text

Sections 3 and 6 of the Employee Polygraph Protection Act of 1988, referred to in subsecs. (a) and (b), are classified to sections 2002 and 2005, respectively, of Title 29, Labor.

### Statutory Notes and Related Subsidiaries

### Effective Date

Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.