Page 487 TITLE 29—LABOR § 1232

Resolution No. 4 (popularly cited as the ‘‘Committee

System Reorganization Amendments of 1977’’), approved Feb. 4, 1977.

§ 1232. Protection for employees under Federal

procurement, construction, and research

contracts and grants

(a) Study and investigation by Secretary of

Labor

The Secretary of Labor shall, during the

2–year period beginning on September 2, 1974,

conduct a full and complete study and investigation of the steps necessary to be taken to insure

that professional, scientific, and technical personnel and others working in associated occupations employed under Federal procurement, construction, or research contracts or grants will,

to the extent feasible, be protected against forfeitures of pension or retirement rights or benefits, otherwise provided, as a consequence of job

transfers or loss of employment resulting from

terminations or modifications of Federal contracts, grants, or procurement policies. The Secretary of Labor shall report the results of his

study and investigation to the Congress within 2

years after September 2, 1974. The Secretary of

Labor is authorized, to the extent provided by

law, to obtain the services of private research

institutions and such other persons by contract

or other arrangement as he determines necessary in carrying out the provisions of this section.

(b) Consultation

In the course of conducting the study and investigation described in subsection (a) of this

section, and in developing the regulations referred to in subsection (c) of this section, the

Secretary of Labor shall consult—

(1) with appropriate professional societies,

business organizations, and labor organizations, and

(2) with the heads of interested Federal departments and agencies.

(c) Regulations

Within 1 year after the date on which he submits his report to the Congress under subsection

(a) of this section, the Secretary of Labor shall,

if he determines it to be feasible, develop regulations, which will provide the protection of pension and retirement rights and benefits referred

to in subsection (a) of this section.

(d) Congressional review of regulations; resolution of disapproval

(1) Any regulations developed pursuant to subsection (c) of this section shall take effect if,

and only if—

(A) the Secretary of Labor, not later than

the day which is 3 years after September 2,

1974, delivers a copy of such regulations to the

House of Representatives and a copy to the

Senate, and

(B) before the close of the 120–day period

which begins on the day on which the copies of

such regulations are delivered to the House of

Representatives and to the Senate, neither the

House of Representatives nor the Senate

adopts, by an affirmative vote of a majority of

those present and voting in that House, a resolution of disapproval.

(2) For purposes of this subsection, the term

‘‘resolution of disapproval’’ means only a resolution of either House of Congress, the matter

after the resolving clause of which is as follows:

‘‘That the ll does not favor the taking effect

of the regulations transmitted to the Congress

by the Secretary of Labor on ll’’, the first

blank space therein being filled with the name

of the resolving House and the second blank

space therein being filled with the day and year.

(3) A resolution of disapproval in the House of

Representatives shall be referred to the Committee on Education and Labor. A resolution of

disapproval in the Senate shall be referred to

the Committee on Labor and Human Resources.

(4)(A) If the committee to which a resolution

of disapproval has been referred has not reported

it at the end of 7 calendar days after its introduction, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other

resolution of disapproval which has been referred to the committee.

(B) A motion to discharge may be made only

by an individual favoring the resolution, is highly privileged (except that it may not be made

after the committee has reported a resolution of

disapproval), and debate thereon shall be limited

to not more than 1 hour, to be divided equally

between those favoring and those opposing the

resolution. An amendment to the motion is not

in order, and it is not in order to move to reconsider the vote by which the motion is agreed to

or disagreed to.

(C) If the motion to discharge is agreed to or

disagreed to, the motion may not be renewed,

nor may another motion to discharge the committee be made with respect to any other resolution of disapproval.

(5)(A) When the committee has reported, or

has been discharged from further consideration

of, a resolution of disapproval, it is at any time

thereafter in order (even though a previous motion to the same effect has been disagreed to) to

move to proceed to the consideration of the resolution. The motion is highly privileged and is

not debatable. An amendment to the motion is

not in order, and it is not in order to move to reconsider the vote by which the motion is agreed

to or disagreed to.

(B) Debate on the resolution of disapproval

shall be limited to not more than 10 hours,

which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An

amendment to, or motion to recommit, the resolution is not in order, and it is not in order to

move to reconsider the vote by which the resolution is agreed to or disagreed to.

(6)(A) Motions to postpone, made with respect

to the discharge from committee or the consideration of a resolution of disapproval, and motions to proceed to the consideration of other

business, shall be decided without debate.

(B) Appeals from the decisions of the Chair relating to the application of the rules of the

House of Representatives or the Senate, as the

case may be, to the procedure relating to any

resolution of disapproval shall be decided without debate.
§ 1241 TITLE 29—LABOR Page 488

(7) Whenever the Secretary of Labor transmits

copies of the regulations to the Congress, a copy

of such regulations shall be delivered to each

House of Congress on the same day and shall be

delivered to the Clerk of the House of Representatives if the House is not in session and to the

Secretary of the Senate if the Senate is not in

session.

(8) The 120 day period referred to in paragraph

(1) shall be computed by excluding—

(A) the days on which either House is not in

session because of an adjournment of more

than 3 days to a day certain or an adjournment of the Congress sine die, and

(B) any Saturday and Sunday, not excluded

under subparagraph (A), when either House is

not in session.

(9) This subsection is enacted by the Congress—

(A) as an exercise of the rulemaking power

of the House of Representatives and the Senate, respectively, and as such they are deemed

a part of the rules of each House, respectively,

but applicable only with respect to the procedure to be followed in that House in the case

of resolutions of disapproval described in paragraph (2); and they supersede other rules only

to the extent that they are inconsistent therewith; and

(B) with full recognition of the constitutional right of either House to change the

rules (so far as relating to the procedures of

that House) at any time, in the same manner

and to the same extent as in the case of any

other rule of that House.

(Pub. L. 93–406, title III, §3032, Sept. 2, 1974, 88

Stat. 1000; S. Res. 4, Feb. 4, 1977; S. Res. 30, Mar.

7, 1979.)

CHANGE OF NAME

Committee on Education and Labor of House of Representatives treated as referring to Committee on Economic and Educational Opportunities of House of Representatives by section 1(a) of Pub. L. 104–14, set out as

a note preceding section 21 of Title 2, The Congress.

Committee on Economic and Educational Opportunities of House of Representatives changed to Committee

on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Fifth

Congress, Jan. 7, 1997.

Committee on Human Resources of Senate changed

to Committee on Labor and Human Resources of Senate, effective Mar. 7, 1979, by Senate Resolution No. 30,

96th Congress. See, also, Rule XXV of Standing Rules of

Senate adopted Nov. 14, 1979.

Committee on Labor and Public Welfare of Senate

abolished and replaced by Committee on Human Resources of Senate, effective Feb. 11, 1977. See Rule XXV

of Standing Rules of Senate, as amended by Senate

Resolution No. 4 (popularly cited as the ‘‘Committee

System Reorganization Amendments of 1977’’), approved Feb. 4, 1977.

SUBTITLE C—ENROLLMENT OF ACTUARIES

SUBTITLE REFERRED TO IN OTHER SECTIONS

This subtitle is referred to in section 1023 of this

title; title 26 section 7701.

§ 1241. Joint Board for the Enrollment of Actuaries

The Secretary of Labor and the Secretary of

the Treasury shall, not later than the last day of

the first calendar month beginning after September 2, 1974, establish a Joint Board for the

Enrollment of Actuaries (hereinafter in this

part referred to as the ‘‘Joint Board’’).

(Pub. L. 93–406, title III, §3041, Sept. 2, 1974, 88

Stat. 1002.)

§ 1242. Enrollment by Board; standards and

qualifications; suspension or termination of

enrollment

(a) The Joint Board shall, by regulations, establish reasonable standards and qualifications

for persons performing actuarial services with

respect to plans in which this chapter applies

and, upon application by any individual, shall

enroll such individual if the Joint Board finds

that such individual satisfies such standards and

qualifications. With respect to individuals applying for enrollment before January 1, 1976,

such standards and qualifications shall include a

requirement for an appropriate period of responsible actuarial experience relating to pension

plans. With respect to individuals applying for

enrollment on or after January 1, 1976, such

standards and qualifications shall include—

(1) education and training in actuarial mathematics and methodology, as evidenced by—

(A) a degree in actuarial mathematics or

its equivalent from an accredited college or

university,

(B) successful completion of an examination in actuarial mathematics and methodology to be given by the Joint Board, or

(C) successful completion of other actuarial examinations deemed adequate by the

Joint Board, and

(2) an appropriate period of responsible actuarial experience.

Notwithstanding the preceding provisions of

this subsection, the Joint Board may provide for

the temporary enrollment for the period ending

January 1, 1976, of actuaries under such interim

standards as it deems adequate.

(b) The Joint Board may, after notice and an

opportunity for a hearing, suspend or terminate

the enrollment of an individual under this section if the Joint Board finds that such individual—

(1) has failed to discharge his duties under

this chapter, or

(2) does not satisfy the requirements for enrollment as in effect at the time of his enrollment.

The Joint Board may also, after notice and opportunity for hearing, suspend or terminate the

temporary enrollment of an individual who fails

to discharge his duties under this chapter or

who does not satisfy the interim enrollment

standards.

(Pub. L. 93–406, title III, §3042, Sept. 2, 1974, 88

Stat. 1002.)

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (b), was

in the original ‘‘this Act’’, meaning Pub. L. 93–406,

known as the Employee Retirement Income Security

Act of 1974. Titles I, III, and IV of such Act are classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note

set out under section 1001 of this title and Tables.