29 U.S.C. § 2006: Exemptions

This chapter shall not apply with respect to the United States Government, any State or local government, or any political subdivision of a State or local government. any expert or consultant under contract to the Department of Defense or any employee of any contractor of such Department; or any expert or consultant under contract with the Department of Energy in connection with the atomic energy defense activities of such Department or any employee of any contractor of such Department in connection with such activities. any individual employed by, assigned to, or detailed to, the National Security Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, or the Central Intelligence Agency, any expert or consultant under contract to any such agency, any employee of a contractor to any such agency, any individual applying for a position in any such agency, or any individual assigned to a space where sensitive cryptologic information is produced, processed, or stored for any such agency; or any expert, or consultant (or employee of such expert or consultant) under contract with any Federal Government department, agency, or program whose duties involve access to information that has been classified at the level of top secret or designated as being within a special access program under section 4.2(a) of Executive Order 12356 (or a successor Executive order). Nothing in this chapter shall be construed to prohibit the administration, by the Federal Government, in the performance of any counterintelligence function, of any lie detector test to an employee of a contractor of the Federal Bureau of Investigation of the Department of Justice who is engaged in the performance of any work under the contract with such Bureau. the test is administered in connection with an ongoing investigation involving economic loss or injury to the employer’s business, such as theft, embezzlement, misappropriation, or an act of unlawful industrial espionage or sabotage; the employee had access to the property that is the subject of the investigation; the employer has a reasonable suspicion that the employee was involved in the incident or activity under investigation; and sets forth with particularity the specific incident or activity being investigated and the basis for testing particular employees, is signed by a person (other than a polygraph examiner) authorized to legally bind the employer, is retained by the employer for at least 3 years, and an identification of the specific economic loss or injury to the business of the employer, a statement indicating that the employee had access to the property that is the subject of the investigation, and a statement describing the basis of the employer’s reasonable suspicion that the employee was involved in the incident or activity under investigation. facilities engaged in the production, transmission, or distribution of electric or nuclear power, public water supply facilities, shipments or storage of radioactive or other toxic waste materials, and public transportation, or currency, negotiable securities, precious commodities or instruments, or proprietary information. The exemption provided under this subsection shall not apply if the test is administered to a prospective employee who would not be employed to protect facilities, materials, operations, or assets referred to in paragraph (1). Subject to paragraph (2) and sections 2007 and 2009 of this title, this chapter shall not prohibit the use of a polygraph test by any employer authorized to manufacture, distribute, or dispense a controlled substance listed in schedule I, II, III, or IV of section 812 of title 21 . if the test is administered to a prospective employee who would have direct access to the manufacture, storage, distribution, or sale of any such controlled substance; or the test is administered in connection with an ongoing investigation of criminal or other misconduct involving, or potentially involving, loss or injury to the manufacture, distribution, or dispensing of any such controlled substance by such employer, and the employee had access to the person or property that is the subject of the investigation.