PUBLIC LAW 104-1—JAN. 23, 1995 109 STAT. 29 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 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 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 2 USC 1384. Congressional Record, publication. Congressional Record, publication.
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