US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 1384. —  Substantive regulations.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 2USC1384]

 
                          TITLE 2--THE CONGRESS
 
                CHAPTER 24--CONGRESSIONAL ACCOUNTABILITY
 
                  SUBCHAPTER III--OFFICE OF COMPLIANCE
 
Sec. 1384. Substantive regulations


(a) Regulations

                           (1) In general

        The procedures applicable to the regulations of the Board issued 
    for the implementation of this chapter, which shall include 
    regulations the Board is required to issue under subchapter II of 
    this chapter (including regulations on the appropriate application 
    of exemptions under the laws made applicable in subchapter II of 
    this chapter) are as prescribed in this section.

                      (2) Rulemaking procedure

        Such regulations of the Board--
            (A) shall be adopted, approved, and issued in accordance 
        with subsection (b) of this section; and
            (B) shall consist of 3 separate bodies of regulations, which 
        shall apply, respectively, to--
                (i) the Senate and employees of the Senate;
                (ii) the House of Representatives and employees of the 
            House of Representatives; and
                (iii) all other covered employees and employing offices.

(b) Adoption by Board

    The Board shall adopt the regulations referred to in subsection 
(a)(1) of this section in accordance with the principles and procedures 
set forth in section 553 of title 5 and as provided in the following 
provisions of this subsection:

                            (1) Proposal

        The Board shall publish a general notice of proposed rulemaking 
    under section 553(b) of title 5, but, instead of publication of a 
    general notice of proposed rulemaking in the Federal Register, the 
    Board shall transmit such notice to the Speaker of the House of 
    Representatives and the President pro tempore of the Senate for 
    publication in the Congressional Record on the first day on which 
    both Houses are in session following such transmittal. Such notice 
    shall set forth the recommendations of the Deputy Director for the 
    Senate in regard to regulations under subsection (a)(2)(B)(i) of 
    this section, the recommendations of the Deputy Director for the 
    House of Representatives in regard to regulations under subsection 
    (a)(2)(B)(ii) of this section, and the recommendations of the 
    Executive Director for regulations under subsection (a)(2)(B)(iii) 
    of this section.

                             (2) Comment

        Before adopting regulations, the Board shall provide a comment 
    period of at least 30 days after publication of a general notice of 
    proposed rulemaking.

                            (3) Adoption

        After considering comments, the Board shall adopt regulations 
    and shall transmit notice of such action together with a copy of 
    such regulations to the Speaker of the House of Representatives and 
    the President pro tempore of the Senate for publication in the 
    Congressional Record on the first day on which both Houses are in 
    session following such transmittal.

             (4) Recommendation as to method of approval

        The Board shall include a recommendation in the general notice 
    of proposed rulemaking and in the regulations as to whether the 
    regulations should be approved by resolution of the Senate, by 
    resolution of the House of Representatives, by concurrent 
    resolution, or by joint resolution.

(c) Approval of regulations

                           (1) In general

        Regulations referred to in paragraph (2)(B)(i) of subsection (a) 
    of this section may be approved by the Senate by resolution or by 
    the Congress by concurrent resolution or by joint resolution. 
    Regulations referred to in paragraph (2)(B)(ii) of subsection (a) of 
    this section may be approved by the House of Representatives by 
    resolution or by the Congress by concurrent resolution or by joint 
    resolution. Regulations referred to in paragraph (2)(B)(iii) may be 
    approved by Congress by concurrent resolution or by joint 
    resolution.

                            (2) Referral

        Upon receipt of a notice of adoption of regulations under 
    subsection (b)(3) of this section, the presiding officers of the 
    House of Representatives and the Senate shall refer such notice, 
    together with a copy of such regulations, to the appropriate 
    committee or committees of the House of Representatives and of the 
    Senate. The purpose of the referral shall be to consider whether 
    such regulations should be approved, and, if so, whether such 
    approval should be by resolution of the House of Representatives or 
    of the Senate, by concurrent resolution or by joint resolution.

           (3) Joint referral and discharge in the Senate

        The presiding officer of the Senate may refer the notice of 
    issuance of regulations, or any resolution of approval of 
    regulations, to one committee or jointly to more than one committee. 
    If a committee of the Senate acts to report a jointly referred 
    measure, any other committee of the Senate must act within 30 
    calendar days of continuous session, or be automatically discharged.

          (4) One-House resolution or concurrent resolution

        In the case of a resolution of the House of Representatives or 
    the Senate or a concurrent resolution referred to in paragraph (1), 
    the matter after the resolving clause shall be the following: ``The 
    following regulations issued by the Office of Compliance on ________ 
    are hereby approved:'' (the blank space being appropriately filled 
    in, and the text of the regulations being set forth).

                        (5) Joint resolution

        In the case of a joint resolution referred to in paragraph (1), 
    the matter after the resolving clause shall be the following: ``The 
    following regulations issued by the Office of Compliance on ________ 
    are hereby approved and shall have the force and effect of law:'' 
    (the blank space being appropriately filled in, and the text of the 
    regulations being set forth).

(d) Issuance and effective date

                           (1) Publication

        After approval of regulations under subsection (c) of this 
    section, the Board shall submit the regulations to the Speaker of 
    the House of Representatives and the President pro tempore of the 
    Senate for publication in the Congressional Record on the first day 
    on which both Houses are in session following such transmittal.

                        (2) Date of issuance

        The date of issuance of regulations shall be the date on which 
    they are published in the Congressional Record under paragraph (1).

                         (3) Effective date

        Regulations shall become effective not less than 60 days after 
    the regulations are issued, except that the Board may provide for an 
    earlier effective date for good cause found (within the meaning of 
    section 553(d)(3) of title 5) and published with the regulation.

(e) Amendment of regulations

    Regulations may be amended in the same manner as is described in 
this section for the adoption, approval, and issuance of regulations, 
except that the Board may, in its discretion, dispense with publication 
of a general notice of proposed rulemaking of minor, technical, or 
urgent amendments that satisfy the criteria for dispensing with 
publication of such notice pursuant to section 553(b)(B) of title 5.

(f) Right to petition for rulemaking

    Any interested party may petition to the Board for the issuance, 
amendment, or repeal of a regulation.

(g) Consultation

    The Executive Director, the Deputy Directors, and the Board--
        (1) shall consult, with regard to the development of 
    regulations, with--
            (A) the Chair of the Administrative Conference of the United 
        States;
            (B) the Secretary of Labor;
            (C) the Federal Labor Relations Authority; and
            (D) the Director of the Office of Personnel Management; and

        (2) may consult with any other persons with whom consultation, 
    in the opinion of the Board, the Executive Director, or Deputy 
    Directors, may be helpful.

(Pub. L. 104-1, title III, Sec. 304, Jan. 23, 1995, 109 Stat. 29.)

                       References in Text

    Subchapter II of this chapter, referred to in subsec. (a)(1), was in 
the original ``title II'', meaning title II of Pub. L. 104-1, Jan. 23, 
1995, 109 Stat. 7, as amended, which enacted subchapter II of this 
chapter and amended section 6381 of Title 5, Government Organization and 
Employees, sections 203, 633a, 2611, and 2617 of Title 29, Labor, and 
sections 2000e-16 and 12209 of Title 42, The Public Health and Welfare. 
For complete classification of title II to the Code, see Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 1312, 1313, 1314, 1315, 
1316, 1316a, 1331, 1341, 1351, 1382, 1409, 1431 of this title.



chanrobles.com.Com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com