§1384 Substantive Regulations

Summary

The Board must write rules to carry out this chapter and must make three separate sets of rules: 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 procedures in section 553 of title 5. Instead of putting the initial notice in the Federal Register, the Board must send the proposed rule notice to the Speaker of the House and the President pro tempore of the Senate so it can appear in the Congressional Record on the first day both Houses are in session. The notice must include recommendations from the Deputy Director for the Senate, the Deputy Director for the House, and the Executive Director for the others. The public gets at least 30 days to comment. After reviewing comments, the Board adopts the rules and sends notice and the rules to the same Congressional leaders for publication. The Board must say whether the rules should be approved by a Senate resolution, a House resolution, a concurrent resolution, or a joint resolution. Senate rules can be approved by the Senate, by Congress with a concurrent resolution, or by joint resolution; House rules can be approved by the House, by concurrent resolution, or by joint resolution; rules for others can be approved by Congress only by concurrent or joint resolution. After the Board notifies Congress, the presiding officers send the rules to the proper committees to consider approval. In the Senate, jointly referred measures require other committees to act within 30 calendar days or be discharged. Once approved, the Board sends the rules for publication; the publication date is the issuance date. Rules take effect at least 60 days after issuance unless the Board shows good cause for an earlier date under 5 U.S.C. 553(d)(3). Amendments follow the same process, though the Board may skip a full proposal notice for minor, technical, or urgent changes under section 553(b)(B). Any interested person may petition the Board to add, change, or remove a rule. The Board, the Executive Director, and the Deputy Directors 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 consult others.