Summary: S.303 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Senate agreed to House amendment with amendment (10/04/1990)

Negotiated Rulemaking Act of 1990 - Authorizes an agency to establish a negotiated rulemaking committee to develop and negotiate a proposed agency rule whenever the head of the agency determines that the use of the negotiated rulemaking procedure is in the public interest. Specifies guidelines for the head of the agency in making such determination.

Authorizes an agency to use the services of a convener to assist the agency in: (1) identifying persons who will be significantly affected by a proposed rule, including residents of rural areas; and (2) conducting discussions with such persons to identify the issues involved and to ascertain the feasibility and appropriateness of establishing such a committee. Requires the convener to: (1) report its findings to the agency; and (2) upon agency request, ascertain the names of persons qualified and willing to represent the significant interests affected by the proposed rule, including residents of rural areas.

Requires the agency to publish in the Federal Register and, as appropriate, in trade or other specialized publications, a notice of its intention to form a negotiated rulemaking committee, including information about the rulemaking and the solicitation of comments about the proposal and membership on the committee. Authorizes persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented to apply for, or nominate another person for, membership on the committee.

Requires the agency to provide a 30-day period for the submission of comments and applications. Authorizes the agency, after the consideration of such comments and applications, to establish a committee as an advisory committee pursuant to the Federal Advisory Committee Act. Requires the agency to publish notice in the Federal Register and, as appropriate, in trade or other specialized publications, a copy of which shall be sent to any person who applied for, or nominated another person for, membership on the negotiating rulemaking committee to represent such interests with respect to the proposed rule, if the agency decides not to establish a committee. Limits such committees to 25 members unless the agency head determines that a greater number is necessary.

Sets forth procedures for the conduct of committees in the consideration of rulemaking proposals. Provides for the selection of a facilitator for committee negotiations. Requires the committee to report to the agency at the conclusion of negotiations, with a proposed rule or a report on the areas of consensus.

Provides for the termination of a committee.

Authorizes an agency to employ or contract for the services of an individual or organization to serve, or use the services of Government employees, as conveners and facilitators.

Authorizes the Federal Mediation and Conciliation Service (FMCS) to provide services and facilities to assist agencies in negotiated rulemaking, including furnishing conveners, facilitators, and training.

Declares that any agency may consult with the Administrative Conference of the United States and other individuals and organizations for information and assistance in forming a negotiated rulemaking committee and conducting negotiations.

Directs the Conference to maintain a roster of individuals qualified to act as conveners or facilitators. Requires the Conference to maintain data on negotiated rulemaking proceedings to assist agencies and other interested parties. Requires the Conference to review and analyze reports of committees and report to the Congress biennially with recommendations on the negotiated rulemaking process.

Authorizes the Conference to provide training in negotiated rulemaking processes to Federal personnel (and to private individuals on a reimbursable basis).

Authorizes the Chairman of the Conference to pay, upon request of an agency head, all or part of the expenses of convening and conducting a negotiated rulemaking proceeding.

Declares that any agency action pertaining to establishment of a negotiated rulemaking committee shall not be subject to judicial review.

Authorizes appropriations to the Conference for FY 1991 through 1993.