Statement of Administration Policy: S. 1904 - Polygraph Protection Act

(Senate)
(Kennedy (D) Massachusetts and 13 others)

S. 1904 differs in various respects from H.R. 1212, its House counterpart, which both the Department of Justice and the Office of Management and Budget have indicated that they would recommend that the President veto. However, the Administration also strongly opposes S. 1904 unless amendments including the following are made:

• expand section 7(d) (which would permit polygraph examinations to be administered in connection with ongoing investigations of business loss or injury) to allow the investigation of serious workplace problems that threaten not only material loss, but also the health, safety and well-being of other employees;
  
  
• revise section 8 to transfer from the Department of Labor to a more appropriate agency the responsibility for establishing standards governing certification of polygraph examiners; and
  
  
• delete provisions in section 6 which would authorize private civil actions by employees or job applicants against employers who violate the provisions of S. 1904. These provisions are unnecessary given the other enforcement provisions contained in the bill.