[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4954 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4954
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 unsupervised children.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2014
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 unsupervised children.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Children Act''.
SEC. 2. EXEMPTION FOR EMPLOYERS OF EMPLOYEES WHO CARE FOR OR INTERACT
WITH UNSUPERVISED CHILDREN.
(a) Exemption.--Section 7 of the Employee Polygraph Protection Act
of 1988 (29 U.S.C. 2006) is amended by adding at the end the following:
``(g) Exemption for Certain Employers of Employees Who Care for or
Interact With Unsupervised 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 employee--
``(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 frequent basis; or
``(C) where the employer reasonably believes there
is a high probability of unsupervised interaction
between the prospective employee and a child on a more
than incidental basis.
``(2) Conditions.--In addition to the requirements imposed
by section 8(c), the exemption provided 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 before 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 opinion
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 preceding paragraph (1), by striking
``and (f)'' and inserting ``(f) and (g)''.
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