2 U.S.C. § 1314 — Rights and protections under Employee

Page 313 TITLE 2—THE CONGRESS § 1315 ‘‘(2) ADMINISTRATION.—In the administration of this subsection, the remedies and procedures under the Fair Employment Practices Resolution shall be ap- plied. As used in this paragraph, the term ‘‘Fair Em- ployment Practices Resolution’’ means House Resolu- tion 558, One Hundredth Congress, agreed to October 4, 1988, as continued in effect by House Resolution 15, One Hundred First Congress, agreed to January 3, 1989. ‘‘(b) ARCHITECT OF THE CAPITOL EMPLOYEES.—Not later than 180 days after the date the minimum wage rate prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is increased pursuant to the amendment made by section 2, the rights and protections under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall apply with re- spect to individuals employed under the Office of the Architect of the Capitol.’’ § 1314. Rights and protections under Employee Polygraph Protection Act of 1988 (a) Polygraph practices prohibited (1) In general No employing office, irrespective of whether a covered employee works in that employing office, may require a covered employee to take a lie detector test where such a test would be prohibited if required by an employer under paragraph (1), (2), or (3) of section 3 of the Em- ployee Polygraph Protection Act of 1988 (29 U.S.C. 2002(1), (2), or (3)). In addition, the waiv- er provisions of section 6(d) of such Act (29 U.S.C. 2005(d)) shall apply to covered employ- ees. (2) Definitions For purposes of this section, the term ‘‘cov- ered employee’’ shall include employees of the Government Accountability Office and the term ‘‘employing office’’ shall include the Government Accountability Office. (3) Capitol Police Nothing in this section shall preclude the Capitol Police from using lie detector tests in accordance with regulations under subsection (c). (b) Remedy The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under section 6(c)(1) of the Employee Polygraph Protection Act of 1988 (29 U.S.C. 2005(c)(1)). (c) Regulations to implement section (1) In general The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section. (2) Agency regulations The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to im- plement the statutory provisions referred to in subsections (a) and (b) except insofar as the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section. (d) Effective date (1) In general Except as provided in paragraph (2), sub- sections (a) and (b) shall be effective 1 year after January 23, 1995. (2) Government Accountability Office and Li- brary of Congress This section shall be effective with respect to the Government Accountability Office and the Library of Congress 1 year after trans- mission to the Congress of the study under section 1371 of this title. (Pub. L. 104–1, title II, § 204, Jan. 23, 1995, 109 Stat. 10; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 115–141, div. I, title I, § 153(a)(2)(A), Mar. 23, 2018, 132 Stat. 785.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(2). Pub. L. 115–141 struck out ‘‘and the Library of Congress’’ after ‘‘the Government Ac- countability Office’’ in two places. 2004—Subsec. (a)(2). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’ in two places. Subsec. (d)(2). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’ in heading and text. § 1315. Rights and protections under Worker Ad- justment and Retraining Notification Act (a) Worker adjustment and retraining notifica- tion rights (1) In general No employing office shall be closed or a mass layoff ordered within the meaning of sec- tion 3 of the Worker Adjustment and Retrain- ing Notification Act (29 U.S.C. 2102) until the end of a 60-day period after the employing of- fice serves written notice of such prospective closing or layoff to representatives of covered employees or, if there are no representatives, to covered employees. (2) Definitions For purposes of this section, the term ‘‘cov- ered employee’’ shall include employees of the Government Accountability Office and the term ‘‘employing office’’ shall include the Government Accountability Office. (b) Remedy The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under paragraphs (1), (2), and (4) of sec- tion 5(a) of the Worker Adjustment and Retrain- ing Notification Act (29 U.S.C. 2104(a)(1), (2), and (4)). (c) Regulations to implement section (1) In general The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section. (2) Agency regulations The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to im-