(a) The coverage of the Act extends to ``any employer engaged in or
affecting commerce or in the production of goods for commerce.''
(Section 3 of EPPA; 29 U.S.C. 2002.) In interpreting the phrase
``affecting commerce'' in other statutes, courts have found coverage to
be coextensive with the full scope of the Congressional power to
regulate commerce. See, for example, Godwin v. Occupational Safety and
Health Review Commission, 540 F. 2d 1013, 1015 (9th Cir. 1976). Since
most employers engage in one or more types of activities that would be
regarded as ``affecting commerce'' under the principles established by a
large body of court cases, virtually all employers are deemed subject to
the provisions of the Act, unless otherwise exempt pursuant to section 7
(a), (b), or (c) of the Act and Secs. 801.10 or 801.11 of this part.
(b) The Act also extends to all employees of covered employers
regardless of their citizenship status, and to foreign corporations
operating in the United States. Moreover, the provisions of the Act
extend to any actions relating to the administration of lie detector,
including polygraph, tests which occur within the territorial
jurisdiction of the United States, e.g., the preparation of paperwork by
a foreign corporation in a Miami office relating to a polygraph test
that is to be administered on the high seas or in some foreign location.
[56 FR 9064, Mar. 4, 1991; 56 FR 14469, Apr. 10, 1991]
