[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
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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)