Skip to content
PoliticalRepoPoliticalRepo

United States · Bill · HR

H.R. 743 (101st)

Negotiated Rulemaking Act of 1990

openUnited States· United States Congress· EN

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

  1. 31 January 1989

    Introduced

    Referred to the House Committee on Judiciary.

    Source: IntroReferral

  2. 31 January 1989

    Introduced

    Introduced in House

    Source: IntroReferral

  3. 31 January 1989

    Introduced

    Introduced in House

    Source: IntroReferral

  4. 27 March 1989

    Referred

    Referred to the Subcommittee on Administrative Law and Governmental Relations.

    Source: Committee

  5. 3 May 1989

    Committee

    Subcommittee Hearings Held.

    Source: Committee

  6. 7 February 1990

    Committee

    Forwarded by Subcommittee to Full Committee (Amended).

    Source: Committee

  7. 7 February 1990

    Committee

    Subcommittee Consideration and Mark-up Session Held.

    Source: Committee

  8. 28 March 1990

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

  9. 28 March 1990

    Reported

    Ordered to be Reported (Amended).

    Source: Committee

  10. 25 April 1990

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 101-461.

    Source: Committee

  11. 25 April 1990

    Calendars

    Placed on the Union Calendar, Calendar No. 281.

    Source: Calendars

  12. 25 April 1990

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 101-461.

    Source: Committee

  13. 1 May 1990

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

  14. 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

  15. 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

  16. 1 May 1990

    Calendars

    The chair announced that a second on the motion to suspend the rules is not required.

    Source: Calendars

  17. 1 May 1990

    Floor

    Laid on the table. See S. 303 for further action.

    Source: Floor

  18. 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

  19. 1 May 1990

    Floor

    Considered under suspension of the rules.

    Source: Floor

  20. 1 May 1990

    Floor

    DEBATE - The House proceeded with forty minutes of debate.

    Source: Floor

  21. 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

Documents

5 official files

Reported in House (text)

View fileDownload file

This file cannot be previewed here. Use View or Download.

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.

  • Reported in House (text)

    Reported in House · EN

    ViewDownloadOpen at official source

  • Introduced in House (text)

    Introduced in House · EN

    ViewDownloadOpen at official source

    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.

  • Passed House amended

    summary · EN · 1 May 1990

    Open at official source

    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.

  • Reported to House with amendment(s)

    summary · EN · 25 April 1990

    Open at official source

    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.

  • Introduced in House

    summary · EN · 31 January 1989

    Open at official source

    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

Related records

Sources

PoliticalRepo is an index and interpretation layer, not the authoritative legal source.