§1384 — Title 2 The Congress | U.S. Code

Summary

The Board must write rules to carry out this part of the law. The rules must be in three separate sets: one for the Senate and its employees, one for the House and its employees, and one for all other covered employees and offices. The Board must follow the normal federal rulemaking steps, but it will send the proposed rule notice to the Speaker of the House and the President pro tempore of the Senate for printing in the Congressional Record on the first day both Houses are in session after it is sent. The notice must include the recommendations of the Deputy Director for the Senate, the Deputy Director for the House, and the Executive Director for the other set. The public gets at least 30 days to comment. After considering comments, the Board adopts the rules and sends them to the same leaders for publication in the Congressional Record. The rules’ issue date is when they appear in the Congressional Record, and they take effect at least 60 days later unless the Board finds good cause for an earlier date. Some rules can be approved by the Senate, the House, or by Congress, depending on which set they belong to. After the Board sends adopted rules to the leaders, the leaders send them to the right committees to decide how to approve them. If the Senate sends a rule to more than one committee, any other committee must act within 30 calendar days of continuous session or be dropped. The Board can change rules the same way and may skip full notice for minor, technical, or urgent changes allowed by federal rulemaking law. Any interested person may ask the Board to issue, change, or remove a rule. The Board must consult with the Chair of the Administrative Conference of the United States, the Secretary of Labor, the Federal Labor Relations Authority, and the Director of the Office of Personnel Management, and may talk with others it finds helpful.

Title 2, §1384

The Congress — Source: USLM XML via OLRC

(a)(1)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 (including regulations on the appropriate application of exemptions under the laws made applicable in subchapter II) are as prescribed in this section.

(2)Such regulations of the Board—

(A)shall be adopted, approved, and issued in accordance with subsection (b); 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)The Board shall adopt the regulations referred to in subsection (a)(1) 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)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), the recommendations of the Deputy Director for the House of Representatives in regard to regulations under subsection (a)(2)(B)(ii), and the recommendations of the Executive Director for regulations under subsection (a)(2)(B)(iii).

(2)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)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)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)(1)Regulations referred to in paragraph (2)(B)(i) of subsection (a) 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) 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)Upon receipt of a notice of adoption of regulations under subsection (b)(3), 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)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)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 Congressional Workplace Rights on ________ are hereby approved:” (the blank space being appropriately filled in, and the text of the regulations being set forth).

(5)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 Congressional Workplace Rights 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)(1)After approval of regulations under subsection (c), 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)The date of issuance of regulations shall be the date on which they are published in the Congressional Record under paragraph (1).

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

(g)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(1) after “implementation of”, was in the original “this Act”, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1301 of this title and Tables. Subchapter II, 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, which is classified principally to subchapter II of this chapter. For complete classification of title II to the Code, see Tables.

Amendments

2018—Subsec. (c)(4), (5). Pub. L. 115–397 substituted “Office of Congressional Workplace Rights” for “Office of Compliance”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title.

§1384 Substantive regulations