I 

114TH CONGRESS 

1ST SESSION H. R. 2618 

To amend the Employee Polygraph Protection Act of 1988 to provide an 

exemption from the protections of that Act with regard to certain prospective employees whose job would include caring for or interacting 

with children. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 2, 2015 

Mr. ROSS introduced the following bill; which was referred to the Committee 

on Education and the Workforce 

A BILL 

To amend the Employee Polygraph Protection Act of 1988 

to provide an exemption from the protections of that 

Act with regard to certain prospective employees whose 

job would include caring for or interacting with children. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Our Chil5 dren Act’’. 


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1 SEC. 2. EXEMPTION FOR EMPLOYERS OF EMPLOYEES WHO 

2 CARE FOR OR INTERACT WITH UNSUPER3 VISED CHILDREN. 

4 (a) EXEMPTION.—Section 7 of the Employee Poly5 graph Protection Act of 1988 (29 U.S.C. 2006) is amend6 ed by adding at the end the following: 

7 ‘‘(g) EXEMPTION FOR CERTAIN EMPLOYERS OF EM8 PLOYEES WHO CARE FOR OR INTERACT WITH UNSUPER9 VISED CHILDREN.— 

10 ‘‘(1) EXEMPTION.—Subject to paragraph (2) 

11 and subsection (c) of section 8, this Act shall not 

12 prohibit the use of a polygraph test by any employer 

13 if the test is administered to a prospective em14 ployee— 

15 ‘‘(A) whose activities would involve the 

16 care or supervision of children or regular access 

17 to children who are cared for or supervised by 

18 another employee; 

19 ‘‘(B) whose job description indicates a high 

20 probability that the prospective employee will 

21 interact with unsupervised children on a fre22 quent basis; or 

23 ‘‘(C) where the employer reasonably be24 lieves there is a high probability of unsupervised 

25 interaction between the prospective employee 

26 and a child on a more than incidental basis. 


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1 ‘‘(2) CONDITIONS.—In addition to the require2 ments imposed by section 8(c), the exemption pro3 vided under paragraph (1) shall not apply unless the 

4 following conditions are met: 

5 ‘‘(A) The prospective employee is provided 

6 with reasonable written notice of the date, time, 

7 and location of the polygraph test and of such 

8 examinee’s right to obtain and consult with 

9 legal counsel or an employee representative be10 fore each phase of the test. 

11 ‘‘(B) Following the polygraph test, before 

12 any adverse employment action is taken, the 

13 employer shall— 

14 ‘‘(i) further interview the examinee on 

15 the basis of the results of the test; and 

16 ‘‘(ii) provide the examinee with— 

17 ‘‘(I) a written copy of any opin18 ion or conclusion rendered as a result 

19 of the test; and 

20 ‘‘(II) a copy of the questions 

21 asked during the test along with the 

22 corresponding charted responses.’’. 

23 (b) CONFORMING AMENDMENT.—Section 8(c) of 

24 such Act (29 U.S.C. 2007(c)) is amended in the matter 


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1 preceding paragraph (1), by striking ‘‘and (f)’’ and insert2 ing ‘‘(f) and (g)’’. 

Æ 


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