United States · Bill · HR
H.R. 743 (101st)
Negotiated Rulemaking Act of 1990
Introduced
31 January 1989
Last action
1 May 1990 · Floor
Status
Laid on the table. See S. 303 for further action.
Sponsors
Rep. Pease, Donald J. [D-OH-13], Sen. Akaka, Daniel K. [D-HI], Del. de Lugo, Ron [D-VI-At Large], Rep. Williams, Pat [D-MT-At Large], Rep. Bates, Jim [D-CA-44], Rep. Atkins, Chester G. [D-MA-5], Rep. Fazio, Vic [D-CA-3], Rep. Cheney, Dick [R-WY-At Large], Rep. Levin, Sander M. [D-MI-12], Rep. Sabo, Martin Olav [D-MN-5]
Subjects
Discovery layer
Source updated
1 July 2021
Summary
Negotiated Rulemaking Act of 1989 - 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 convenor to assist the agency in: (1) identifying persons who will be significantly affected by a proposed rule; 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 convenor to report its findings to the agency, including the names of persons who are qualified and willing to represent the significant interests affected by the proposed rule. Requires the agency to publish in the Federal Register 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 if it 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 and disagreement. Provides for the termination of a committee. Authorizes an agency to employ, contract for, or use the services of Government employees as convenors and facilitators. 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 convenors 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 annually 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 1990 through 1992.
This text is taken from the official record. PoliticalRepo does not editorialize.
Timeline
31 January 1989
Introduced
Referred to the House Committee on Judiciary.
Source: IntroReferral
31 January 1989
Introduced
Introduced in House
Source: IntroReferral
31 January 1989
Introduced
Introduced in House
Source: IntroReferral
27 March 1989
Referred
Referred to the Subcommittee on Administrative Law and Governmental Relations.
Source: Committee
3 May 1989
Committee
Subcommittee Hearings Held.
Source: Committee
7 February 1990
Committee
Forwarded by Subcommittee to Full Committee (Amended).
Source: Committee
7 February 1990
Committee
Subcommittee Consideration and Mark-up Session Held.
Source: Committee
28 March 1990
Committee
Committee Consideration and Mark-up Session Held.
Source: Committee
28 March 1990
Reported
Ordered to be Reported (Amended).
Source: Committee
25 April 1990
Reported
Reported (Amended) by the Committee on Judiciary. H. Rept. 101-461.
Source: Committee
25 April 1990
Calendars
Placed on the Union Calendar, Calendar No. 281.
Source: Calendars
25 April 1990
Reported
Reported (Amended) by the Committee on Judiciary. H. Rept. 101-461.
Source: Committee
1 May 1990
Passed
Motion to reconsider laid on the table Agreed to without objection.
Source: Floor
1 May 1990
Vote
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays (2/3 required): 411 - 0 (Roll No. 86).
Source: Floor
1 May 1990
Floor
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Frank objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
Source: Floor
1 May 1990
Calendars
The chair announced that a second on the motion to suspend the rules is not required.
Source: Calendars
1 May 1990
Floor
Laid on the table. See S. 303 for further action.
Source: Floor
1 May 1990
Vote
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays (2/3 required): 411 - 0 (Roll No. 86).
Source: Floor
1 May 1990
Floor
Considered under suspension of the rules.
Source: Floor
1 May 1990
Floor
DEBATE - The House proceeded with forty minutes of debate.
Source: Floor
1 May 1990
Floor
Mr. Frank moved to suspend the rules and pass the bill, as amended.
Source: Floor
Votes
No vote records are attached yet.
Versions
- Introduced in House · — · Download file
- Reported in House · — · Download file
Documents
5 official files
Reported in House (text)
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Reported in House (text)
Reported in House · EN
Introduced in House (text)
Introduced in House · EN
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Passed House amended
summary · EN · 1 May 1990
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Reported to House with amendment(s)
summary · EN · 25 April 1990
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Introduced in House
summary · EN · 31 January 1989
Leesvertaling
Vertaal dit document naar jouw taal. PoliticalRepo bewaart geen aparte kopie per EU-taal.
Documentvertaling op verzoek met downloadbare PDF (logo + link naar de officiële bron). Het bronbestand blijft leidend.
Sponsors
- Rep. Pease, Donald J. [D-OH-13] · D · Sponsor
- Sen. Akaka, Daniel K. [D-HI] · D · Cosponsor
- Del. de Lugo, Ron [D-VI-At Large] · D · Cosponsor
- Rep. Williams, Pat [D-MT-At Large] · D · Cosponsor
- Rep. Bates, Jim [D-CA-44] · D · Cosponsor
- Rep. Atkins, Chester G. [D-MA-5] · D · Cosponsor
- Rep. Fazio, Vic [D-CA-3] · D · Cosponsor
- Rep. Cheney, Dick [R-WY-At Large] · R · Cosponsor
- Rep. Levin, Sander M. [D-MI-12] · D · Cosponsor
- Rep. Sabo, Martin Olav [D-MN-5] · D · Cosponsor
- · hsju00 · Standing
Related records
- related to ← Negotiated Rulemaking Act of 1990
Sources
PoliticalRepo is an index and interpretation layer, not the authoritative legal source.
- Official source: https://www.congress.gov/bill/101st-congress/house-bill/743
- Open data entity: https://api.congress.gov/v3/bill/101/hr/743
- us · 101-hr-743 · source updated 1 July 2021