A bill to provide for an alternative to the present adversarial rule making procedure by establishing a process to facilitate the formation of regulatory negotiation commissions.
Regulatory Negotiation Act of 1983 - Permits an agency or a person who represents an interest with respect to an issue to request the Chairman of the Administrative Conference of the United States to decide whether to recommend to an agency having jurisdiction over the development of a proposed rule with respect to such issue that a regulatory negotiation commission be established to develop such a proposed rule. Authorizes the Chairman to conduct an informal investigation in making such a decision if there is a substantial likelihood that such an agency will seriously consider issuing a proposed rule with respect to a particular issue. Requires the Chairman to report his or her decision and recommendations to the Administrative Conference and to the agency having jurisdiction over the proposed rule.
Gives the Chairman complete discretion in determining the subjects to be considered by a regulatory negotiation commission.
Requires an agency which decides to use a regulatory negotiation commission in developing a proposed rule to publish a notice in the Federal Register concerning the use of such commission. Requires the Chairman to accept applications from persons qualified to represent an interest on such commission. Requires the agency to submit a written statement to the Chairman recommending members for the commission and detailing the use of the commission.
Provides that the Chairman shall announce the establishment of the regulatory negotiation commission once all the applications and the agency's statement have been considered. Requires that such announcement include details with respect to the issue to be considered by the commission, the commission's membership, any proposed mediator for the commission, and a proposed schedule for completion of the commission's work. Provides for a period of public comment with respect to such announcement. Requires a final notice in the Federal Register by the agency with respect to the establishment of the commission.
Requires a regulatory negotiation commission established pursuant to this Act to consider the subjects specified by the Chairman and to attempt to reach a consensus on a proposed rule with respect to such issues. Sets forth procedural requirements with respect to the deliberations and activities of a commission. Requires a commission, at the conclusion of negotiations, to transmit a report on such negotiations to the Chairman, the head of the agency participating in the negotiations, the appropriate congressional committees, and the Director of the Office of Management and Budget. Provides that such report shall indicate whether the commission reached a consensus and shall detail the resulting rule or the reasons why it did not reach a consensus. Sets forth requirements with respect to the termination of a commission.
Requires an agency to publish in the Federal Register notice of a proposed rulemaking for any proposed rule developed by a regulatory negotiation commission, unless there is good cause for not publishing such notice. Authorizes an agency to amend or modify such a rule. Requires an agency to make available the report issued by a commission at the conclusion of negotiations. Requires an agency to allow a period for public review and comment with respect to such notice. Requires an agency to provide a commission with an opportunity to review and comment upon any material received by the agency during the period of public review and comment.
Requires the Administrative Conference, through the Chairman, to make grants to regulatory negotiation commissions to cover administrative expenses and to commission members who are unable to afford participation costs. Requires that the Chairman give public notice of the availability of such grants.
Exempts certain activities of regulatory negotiation commissions from certain provisions of law.
Sets forth the authority of the Chairman to contract with individuals to serve as mediators for regulatory negotiation commissions. Authorizes such commission to use Federal, public, and private agencies' services and facilities. Permits commission members to share research, scientific, and technical data.
Authorizes appropriations to the Administrative Conference for FY 1985 through 1987.
Introduced in Senate
Read twice and referred to the Committee on Governmental Affairs.
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