§ 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.
