2 U.S.C. § 1383 — Procedural rules

Page 331 TITLE 2—THE CONGRESS § 1383 (g) Consultants In carrying out the functions of the Office, the Executive Director may procure the temporary (not to exceed 1 year) or intermittent services of consultants. (Pub. L. 104–1, title III, § 302, Jan. 23, 1995, 109 Stat. 26; Pub. L. 110–161, div. H, title I, § 1101(b), Dec. 26, 2007, 121 Stat. 2237; Pub. L. 110–164, § 2(a), Dec. 26, 2007, 121 Stat. 2459; Pub. L. 115–397, title II, § 204, Dec. 21, 2018, 132 Stat. 5318; Pub. L. 116–94, div. E, title II, § 212(a)(3)(C), Dec. 20, 2019, 133 Stat. 2775.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(4), (c)(3), and (d)(2)(B)(i), (5)(A), (B), 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. Part A of subchapter II, referred to in subsec. (d)(2)(B), (3)(B), (4)(A), was in the original ‘‘part A of title II’’, meaning part A (§§ 201–207) of title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to part A of subchapter II of this chapter. For complete classification of part A to the Code, see Tables. AMENDMENTS 2019—Subsec. (a)(2)(B). Pub. L. 116–94 substituted ‘‘the maximum rate of pay in effect under section 4575(f) of this title.’’ for ‘‘the lesser of— ‘‘(i) the highest annual rate of compensation of any officer of the Senate; or ‘‘(ii) the highest annual rate of compensation of any officer of the House of Representatives.’’ 2018—Subsecs. (d) to (g). Pub. L. 115–397 added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively. 2007—Subsec. (a)(2). Pub. L. 110–161, § 1101(b)(1), added par. (2) and struck out heading and text of former par. (2). Text read as follows: ‘‘The Chair may fix the com- pensation of the Executive Director. The rate of pay for the Executive Director may not exceed the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5.’’ Subsec. (a)(3). Pub. L. 110–164, § 2(a)(1), substituted ‘‘not more than 2 terms’’ for ‘‘a single term’’ the first time appearing. Subsec. (b)(2). Pub. L. 110–164, § 2(a)(2), substituted ‘‘not more than 2 terms’’ for ‘‘a single term’’ the first time appearing. Subsec. (b)(3). Pub. L. 110–161, § 1101(b)(2), added par. (3) and struck out heading and text of former par. (3). Text read as follows: ‘‘The Chair may fix the compensa- tion of the Deputy Executive Directors. The rate of pay for a Deputy Executive Director may not exceed 96 per- cent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5.’’ Subsec. (c)(2). Pub. L. 110–161, § 1101(b)(3), added par. (2) and struck out heading and text of former par. (2). Text read as follows: ‘‘The Chair may fix the compensa- tion of the General Counsel. The rate of pay for the General Counsel may not exceed the annual rate of basic pay prescribed for level V of the Executive Sched- ule under section 5316 of title 5.’’ Subsec. (c)(5). Pub. L. 110–164, § 2(a)(3), substituted ‘‘not more than 2 terms’’ for ‘‘a single term’’. Subsec. (e). Pub. L. 110–161, § 1101(b)(4), substituted ‘‘Government Accountability Office’’ for ‘‘General Ac- counting Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period begin- ning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title. EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–397 effective upon expira- tion of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title. EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–164, § 2(b), Dec. 26, 2007, 121 Stat. 2459, pro- vided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to an individual who is first appointed to the position of Ex- ecutive Director, Deputy Executive Director, or Gen- eral Counsel of the Office of Compliance after the date of the enactment of this Act [Dec. 26, 2007].’’ PERMITTING CURRENT EXECUTIVE DIRECTOR, DEPUTY EXECUTIVE DIRECTORS, AND GENERAL COUNSEL OF OFFICE OF COMPLIANCE TO SERVE ONE ADDITIONAL TERM Pub. L. 109–38, § 1, July 27, 2005, 119 Stat. 408, provided that: ‘‘(a) EXECUTIVE DIRECTOR.—Notwithstanding section 302(a)(3) of the Congressional Accountability Act of 1995 (2 U.S.C. 1382(a)(3)), the individual serving as Executive Director of the Office of Compliance [now Office of Con- gressional Workplace Rights] as of the date of the en- actment of this Act [July 27, 2005] may serve one addi- tional term. ‘‘(b) DEPUTY EXECUTIVE DIRECTORS.—Notwithstanding section 302(b)(2) of such Act (2 U.S.C. 1382(b)(2)), any in- dividual serving as a Deputy Executive Director of the Office of Compliance [now Office of Congressional Workplace Rights] as of the date of the enactment of this Act may serve one additional term. ‘‘(c) GENERAL COUNSEL.—Notwithstanding section 302(c)(5) of such Act (2 U.S.C. 1382(c)(5)), the individual serving as General Counsel of the Office of Compliance [now Office of Congressional Workplace Rights] as of the date of the enactment of this Act may serve one ad- ditional term.’’ § 1383. Procedural rules (a) In general The Executive Director shall, subject to the approval of the Board, adopt rules governing the procedures of the Office, including the proce- dures of hearing officers, which shall be sub- mitted for publication in the Congressional Record. The rules may be amended in the same manner. (b) Procedure The Executive Director shall adopt rules re- ferred to in subsection (a) in accordance with the principles and procedures set forth in sec- tion 553 of title 5. The Executive Director 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 rule- making in the Federal Register, the Executive Director shall transmit such notice to the Speaker of the House of Representatives and the President pro tempore of the Senate for publica- tion in the Congressional Record on the first day Page 332 TITLE 2—THE CONGRESS § 1384 on which both Houses are in session following such transmittal. Before adopting rules, the Ex- ecutive Director shall provide a comment period of at least 30 days after publication of a general notice of proposed rulemaking. Upon adopting rules, the Executive Director shall transmit no- tice of such action together with a copy of such rules to the Speaker of the House of Representa- tives and the President pro tempore of the Sen- ate for publication in the Congressional Record on the first day on which both Houses are in ses- sion following such transmittal. Rules shall be considered issued by the Executive Director as of the date on which they are published in the Congressional Record. (Pub. L. 104–1, title III, § 303, Jan. 23, 1995, 109 Stat. 28.) § 1384. Substantive regulations (a) Regulations (1) In general 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 sub- chapter II (including regulations on the appro- priate application of exemptions under the laws made applicable in subchapter 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 Sen- ate; (ii) the House of Representatives and em- ployees of the House of Representatives; and (iii) all other covered employees and em- ploying offices. (b) Adoption by 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 and as provided in the following provi- sions of this subsection: (1) Proposal 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 Representa- tives 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 recommenda- tions of the Deputy Director for the Senate in regard to regulations under subsection (a)(2)(B)(i), the recommendations of the Dep- uty 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 sub- section (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 pro- posed rulemaking. (3) Adoption After considering comments, the Board shall adopt regulations and shall transmit notice of such action together with a copy of such regu- lations to the Speaker of the House of Rep- resentatives and the President pro tempore of the Senate for publication in the Congres- sional Record on the first day on which both Houses are in session following such trans- mittal. (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 regu- lations should be approved by resolution of the Senate, by resolution of the House of Rep- resentatives, 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 Sen- ate by resolution or by the Congress by con- current resolution or by joint resolution. Reg- ulations 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 para- graph (2)(B)(iii) may be approved by Congress by concurrent resolution or by joint resolu- tion. (2) Referral Upon receipt of a notice of adoption of regu- lations 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 appro- priate committee or committees of the House of Representatives and of the Senate. The pur- pose of the referral shall be to consider wheth- er such regulations should be approved, and, if so, whether such approval should be by resolu- tion 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 com- mittee. 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 resolu- tion In the case of a resolution of the House of Representatives or the Senate or a concurrent resolution referred to in paragraph (1), the