    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 119th Congress]
    [119th Congress]
    [House Document 118-187]
    [Legislate Procedures Enacted in Law]
    [Pages 1304-1307]
    [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

            of the Board issued for the implementation 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 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); 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

    [[Page 1305]]

            recommendations of the Execu

            tive 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

            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

    [[Page 1306]]

            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

            Congressional Workplace Rights 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 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) 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.

    [[Page 1307]]

    that satisfy the criteria for dispensing with publication of such notice
    pursuant to section 553(b)(B) of title 5, United States Code.

      (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

                                      * * *

      In the 104th Congress the House agreed to a concurrent resolution
    approving with changes regulations promulgated by the Office of
    Compliance (now Office of Congressional Workplace Rights) 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
    providing provisional approval of regulations not yet promulgated (H.
    Res. 311, p. 37590; H. Con. Res. 123, p. 37632). The House has rendered
    ineffective regulations promulgated by the Office and agreed to by the
    House in a prior Congress (sec. 3(b), H. Res. 5, Jan. 9, 2023, p. _;
    sec. 3(h), H. Res. 5, Jan. 3, 2025, p. _).

                                                               Sec. 1130(27)