Pub.L. 104-10 To amend the Alaska Native Claims Settlement Act to provide for the purchase of common stock of Cook Inlet Region, and for other purposes. <> ...

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[[Page 109 STAT. 27]]

    (b) Deputy Executive Directors.--
            (1) In general.--The Chair, subject to the approval of the 
        Board, shall appoint and may remove a Deputy Executive Director 
        for the Senate and a Deputy Executive Director for the House of 
        Representatives. Selection and appointment of a Deputy Executive 
        Director shall be without regard to political affiliation and 
        solely on the basis of fitness to perform the duties of the 
        office. The disqualifications in section 301(d)(2) shall apply 
        to the appointment of a Deputy Executive Director.
            (2) Term.--The term of office of a Deputy Executive Director 
        shall be a single term of 5 years, except that the first Deputy 
        Executive Directors shall have a single term of 6 years.
            (3) Compensation.--The Chair may fix the compensation of the 
        Deputy Executive Directors. The rate of pay for a Deputy 
        Executive Director may not exceed 96 percent of the annual rate 
        of basic pay prescribed for level V of the Executive Schedule 
        under section 5316 of title 5, United States Code.
            (4) Duties.--The Deputy Executive Director for the Senate 
        shall recommend to the Board regulations under section 
        304(a)(2)(B)(i), maintain the regulations and all records 
        pertaining to the regulations, and shall assume such other 
        responsibilities as may be delegated by the Executive Director. 
        The Deputy Executive Director for the House of Representatives 
        shall recommend to the Board the regulations under section 
        304(a)(2)(B)(ii), maintain the regulations and all records 
        pertaining to the regulations, and shall assume such other 
        responsibilities as may be delegated by the Executive Director.

    (c) General Counsel.--
            (1) In general.--The Chair, subject to the approval of the 
        Board, shall appoint a General Counsel. Selection and 
        appointment of the General Counsel shall be without regard to 
        political affiliation and solely on the basis of fitness to 
        perform the duties of the Office. The disqualifications in 
        section 301(d)(2) shall apply to the appointment of a General 
        Counsel.
            (2) Compensation.--The Chair may fix the compensation 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 Schedule under section 5316 of title 5, United 
        States Code.
            (3) Duties.--The General Counsel shall--
                    (A) exercise the authorities and perform the duties 
                of the General Counsel as specified in this Act; and
                    (B) otherwise assist the Board and the Executive 
                Director in carrying out their duties and powers, 
                including representing the Office in any judicial 
                proceeding under this Act.
            (4) Attorneys in the office of the general counsel.--The 
        General Counsel shall appoint, and fix the compensation of, and 
        may remove, such additional attorneys as may be necessary to 
        enable the General Counsel to perform the General Counsel's 
        duties.
            (5) Term.--The term of office of the General Counsel shall 
        be a single term of 5 years.
            (6) Removal.--
                    (A) Authority.--The General Counsel may be removed 
                from office by the Chair but only for--

[[Page 109 STAT. 28]]

                          (i) disability that substantially prevents the 
                      General Counsel from carrying out the duties of 
                      the General Counsel,
                          (ii) incompetence,
                          (iii) neglect of duty,
                          (iv) malfeasance, including a felony or 
                      conduct involving moral turpitude, or
                          (v) holding an office or employment or 
                      engaging in an activity that disqualifies the 
                      individual from service as the General Counsel 
                      under paragraph (1).
                    (B) Statement of reasons for removal.--In removing 
                the General Counsel, the Speaker of the House of 
                Representatives and the President pro tempore of the 
                Senate shall state in writing to the General Counsel the 
                specific reasons for the removal.

    (d) Other Staff.--The Executive Director shall appoint, and fix the 
compensation of, and may remove, such other additional staff, including 
hearing officers, but not including attorneys employed in the office of 
the General Counsel, as may be necessary to enable the Office to perform 
its duties.
    (e) Detailed Personnel.--The Executive Director may, with the prior 
consent of the department or agency of the Federal Government concerned, 
use on a reimbursable or nonreimbursable basis the services of personnel 
of any such department or agency, including the services of members or 
personnel of the General Accounting Office Personnel Appeals Board.
    (f) 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.

<<NOTE: 2 USC 1383.>> SEC. 303. 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 procedures of hearing officers, which shall be 
submitted for publication in the Congressional Record. The rules may be 
amended in the same manner.
    (b) Procedure.--The Executive Director shall adopt rules referred to 
in subsection (a) in accordance with the principles and procedures set 
forth in section 553 of title 5, United States Code. The Executive 
Director shall publish a <<NOTE: Congressional Record, 
publication.>> 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 
Executive Director 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. Before adopting rules, 
the Executive Director shall provide a comment period of at least 30 
days after publication of a general notice of proposed rulemaking. Upon 
adopting rules, the <<NOTE: Congressional Record, 
publication.>> Executive Director shall transmit notice of such action 
together with a copy of such rules 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. Rules shall be 
considered issued by the Executive Director as of the date on which they 
are published in the Congressional Record.

[[Page 109 STAT. 29]]

<<NOTE: 2 USC 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:
        <<NOTE: Congressional Record, publication.>>     (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.
        <<NOTE: Congressional Record, publication.>>     (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

[[Page 109 STAT. 30]]

        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 Compliance 
        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 Compliance 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.--
        <<NOTE: Congressional Record, publication.>>     (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.

    (e) Amendment of Regulations.--Regulations may be amended in the 
same manner as is described in this section for the

[[Page 109 STAT. 31]]

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, United States Code.
    (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.

<<NOTE: 2 USC 1385.>> SEC. 305. EXPENSES.

    (a) Authorization of Appropriations.--Beginning in fiscal year 1995, 
and for each fiscal year thereafter, there are authorized to be 
appropriated for the expenses of the Office such sums as may be 
necessary to carry out the functions of the Office. Until sums are first 
appropriated pursuant to the preceding sentence, but for a period not 
exceeding 12 months following the date of the enactment of this Act--
            (1) one-half of the expenses of the Office shall be paid 
        from funds appropriated for allowances and expenses of the House 
        of Representatives, and
            (2) one-half of the expenses of the Office shall be paid 
        from funds appropriated for allowances and expenses of the 
        Senate,

upon vouchers approved by the Executive Director, except that a voucher 
shall not be required for the disbursement of salaries of employees who 
are paid at an annual rate. The Clerk of the House of Representatives 
and the Secretary of the Senate are authorized to make arrangements for 
the division of expenses under this subsection, including arrangements 
for one House of Congress to reimburse the other House of Congress.
    (b) Financial and Administrative Services.--The Executive Director 
may place orders and enter into agreements for goods and services with 
the head of any agency, or major organizational unit within an agency, 
in the legislative or executive branch of the United States in the same 
manner and to the same extent as agencies are authorized under sections 
1535 and 1536 of title 31, United States Code, to place orders and enter 
into agreements.

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