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 pro-
spective 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Our Chil-
dren Act’’. 
VerDate Sep 11 2014 
22:58 Jun 03, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2618.IH
H2618
asabaliauskas on DSK5VPTVN1PROD with BILLS
SEC. 2. EXEMPTION FOR EMPLOYERS OF EMPLOYEES WHO 
CARE FOR OR INTERACT WITH UNSUPER-
VISED CHILDREN. 
(a) EXEMPTION.—Section 7 of the Employee Poly-
graph Protection Act of 1988 (29 U.S.C. 2006) is amend-
ed by adding at the end the following: 
‘‘(g) EXEMPTION FOR CERTAIN EMPLOYERS OF EM-
PLOYEES WHO CARE FOR OR INTERACT WITH UNSUPER-
VISED CHILDREN.— 
‘‘(1) EXEMPTION.—Subject to paragraph (2) 
and subsection (c) of section 8, this Act shall not 
prohibit the use of a polygraph test by any employer 
if the test is administered to a prospective em-
ployee— 
‘‘(A) whose activities would involve the 
care or supervision of children or regular access 
to children who are cared for or supervised by 
another employee; 
‘‘(B) whose job description indicates a high 
probability that the prospective employee will 
interact with unsupervised children on a fre-
quent basis; or 
‘‘(C) where the employer reasonably be-
lieves there is a high probability of unsupervised 
interaction between the prospective employee 
and a child on a more than incidental basis. 
VerDate Sep 11 2014 
22:58 Jun 03, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2618.IH
H2618
asabaliauskas on DSK5VPTVN1PROD with BILLS
‘‘(2) CONDITIONS.—In addition to the require-
ments imposed by section 8(c), the exemption pro-
vided under paragraph (1) shall not apply unless the 
following conditions are met: 
‘‘(A) The prospective employee is provided 
with reasonable written notice of the date, time, 
and location of the polygraph test and of such 
examinee’s right to obtain and consult with 
legal counsel or an employee representative be-
fore each phase of the test. 
‘‘(B) Following the polygraph test, before 
any adverse employment action is taken, the 
employer shall— 
‘‘(i) further interview the examinee on 
the basis of the results of the test; and 
‘‘(ii) provide the examinee with— 
‘‘(I) a written copy of any opin-
ion or conclusion rendered as a result 
of the test; and 
‘‘(II) a copy of the questions 
asked during the test along with the 
corresponding charted responses.’’. 
(b) CONFORMING AMENDMENT.—Section 8(c) of 
such Act (29 U.S.C. 2007(c)) is amended in the matter 
VerDate Sep 11 2014 
22:58 Jun 03, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2618.IH
H2618
asabaliauskas on DSK5VPTVN1PROD with BILLS
preceding paragraph (1), by striking ‘‘and (f)’’ and insert-
ing ‘‘(f) and (g)’’. 
Æ 
VerDate Sep 11 2014 
22:58 Jun 03, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H2618.IH
H2618
asabaliauskas on DSK5VPTVN1PROD with BILLS