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U.S. Code/Title 2/§ 1384

Title 2

2

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2 U.S.C. § 1384.Chapter 24

§ 1384

Substantive regulations

Title 2
8 min read
Subchapter: OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS

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((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 subchapter II (including regulations on the appropriate 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 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 Board** The Board shall adopt the regulations referred to in subsection (a)(1) in accordance with the principles and procedures set forth in and as provided in the following provisions of this subsection:

((1)) ** Proposal** The Board shall publish a general notice of proposed rulemaking under , 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).section 553(b) of title 5

((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 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 a 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 ) and published with the regulation.section 553(d)(3) of title 5

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

((f)) ** Right to petition for rulemaking** Any interested party may petition to the Board for the issuance, amendment, or repeal of a regulation.

((g)) ** Consultation** The Executive Director, the Deputy Directors, and the Board—

((1)) shall consult, with regard to the development of regulations, with—

((A)) the Chair of the Administrative Conference of the United States;

((B)) the Secretary of Labor;

((C)) the Federal Labor Relations Authority; and

((D)) the Director of the Office of Personnel Management; and

((2)) may consult with any other persons with whom consultation, in the opinion of the Board, the Executive Director, or Deputy Directors, may be helpful.

Related Legislation

(14 bills)

Bills that would modify or reference this section of law.

HR-6371

No Robot Bosses Act

Suzanne Bonamici

Oregon representative

  1. house
  2. senate
  3. president
12/3/2025
HR-6818

Part-Time Worker Bill of Rights Act

Janice D. Schakowsky

Illinois representative

  1. house
  2. senate
  3. president
12/17/2025
HR-7531

Healthy Families Act

Rosa L. Delauro

Connecticut representative

  1. house
  2. senate
  3. president
2/12/2026
HR-8158

Reproductive Healthcare Leave Act

Yassamin Ansari

Arizona representative

  1. house
  2. senate
  3. president
3/30/2026
HR-8965

SAFE for Survivors Act of 2026

Debbie Dingell

Michigan representative

  1. house
  2. senate
  3. president
5/21/2026
HR-9402

Stop Spying Bosses Act

Chris Deluzio

Pennsylvania representative

  1. house
  2. senate
  3. president
6/23/2026
HR-9671

Menopausal Workers’ Fairness Act of 2026

Debbie Dingell

Michigan representative

  1. house
  2. senate
  3. president
7/14/2026
S-3547

Part-Time Worker Bill of Rights Act

Elizabeth Warren

Massachusetts senator

  1. senate
  2. house
  3. president
12/17/2025
S-3550

Schedules That Work Act

Elizabeth Warren

Massachusetts senator

  1. senate
  2. house
  3. president
12/17/2025
S-3865

BE HEARD in the Workplace Act

Patty Murray

Washington senator

  1. senate
  2. house
  3. president
2/12/2026

And 4 more bills...

§ 1383

Release: pl-119-83 (2026-04-13)

§ 1385

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