[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress]
[113rd Congress]
[House Document 112-161]
[Legislate Procedures Enacted in Law]
[Pages 1252-1256]
[From the U.S. Government Publishing Office, www.gpo.gov]



 26. Congressional Accountability Act of 1995, Sec. 304 [2 U.S.C. 1384]

  Sec. 304. substantive regulations.


  (a) regulations.--

          (1) in general.--The procedures applicable to the regulations 


[[Page 1253]]

        of the Board issued for the implementa

        tion of this Act, which shall include regulations the Board is 

        required to issue under title II (including regulations on the 

        appropriate application of exemptions under the laws made 

        applicable in title II) are prescribed in this section.

          (2) rulemaking procedure.--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) adoption by the board.--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, United States Code, 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, United 

        States Code, 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) 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 


[[Page 1254]]

        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) 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) referral.--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) 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), 


[[Page 1255]]

        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 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), 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, 

        United States Code) 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 publications 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, United States Code.


                                  * * *


[[Page 1256]]

providing ``provisional'' approval of regulations not yet promulgated 
(H. Res. 311, p. 37590; H. Con. Res. 123, p. 37632).
  In the 104th Congress the House agreed to a concurrent resolution 
approving with changes regulations promulgated by the Office of 
Compliance under this provision (S. Con. Res. 51, Apr. 15, 1996, p. 
7515). On December 19, 1995, the House agreed to a resolution and a 
concurrent resolution




                                                           Sec. 1130(27)