Negotiated Rulemaking Act of 1990
Public Law 101-648 · S. 303 · 101st Congress · began in the Senate
Signed by George H. W. Bush (R) on Nov 29, 1990 · Government Operations and Politics
Sponsor: Sen. Carl Levin (D-MI)
Cosponsors (5): Sen. William Cohen, Sen. Donald Riegle,
Passage votes
- HouseVoice vote
- SenateVoice vote
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
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.
Committees
The committees the bill was sent to, and what each did with it.
Judiciary Committee · House · discharged from, referred toSubcommittee: Administrative Law and Governmental Relations Subcommittee
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 23 actions.
- Nov 29, 1990Became lawBecame law · Became Public Law No: 101-648.
- Became lawBecame law · Signed by President.
- Nov 19, 1990PresidentPresident · Presented to President.
- Oct 22, 1990Resolving differencesResolving differences · Motion to reconsider laid on the table Agreed to without objection.
- Resolving differencesResolving differences · On motion that the House agree to the Senate amendments to the House amendment Agreed to by voice vote.
- Resolving differencesResolving differences · Mr. James demanded a second on the motion to suspend the rules. Without objection a second was ordered.
- Resolving differencesResolving differences · Mr. Frank moved that the House suspend the rules and agree to the Senate amendments to the House amendment.
- Oct 4, 1990Resolving differencesResolving differences · Senate concurred in House amendment with amendments by Voice Vote.
- FloorFloor · Measure laid before Senate by unanimous consent.
- May 1, 1990FloorFloor · A similar measure H.R. 743 was laid on the table without objection.
- FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On passage Passed without objection.
- FloorFloor · The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 743. Agreed to without objection.
- FloorFloor · Considered by unanimous consent.
- FloorFloor · Mr. Frank asked unanimous consent to discharge from committee and consider.
- CommitteeCommittee · Discharged from House Judiciary Committee
- Aug 14, 1989CommitteeCommittee · Referred to Administrative Law and Governmental Relations Subcommittee of the House Judiciary Committee
- Aug 4, 1989CommitteeCommittee · Referred to House Judiciary Committee
- Aug 3, 1989FloorFloor · Passed Senate with amendments by Voice Vote.
- Jul 31, 1989CommitteeCommittee · Reported by Senate Homeland Security and Governmental Affairs Committee
- Jul 13, 1989CommitteeCommittee · Markup by Senate Homeland Security and Governmental Affairs Committee
- Jan 31, 1989CommitteeCommittee · Referred to Senate Homeland Security and Governmental Affairs Committee
- IntroducedIntroduced · Introduced in the Senate
Data notes
Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.
Official record
The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.