Negotiated Rulemaking

The  Negotiated Rulemaking Act, establish a framework for the conduct of negotiated rulemaking, consistent with section 553 of this title, to encourage agencies to use the process when it enhances the informal rulemaking process.  Negotiated Rulemaking is a process  used by federal agencies.  The representatives from a government agency and affected interest groups negotiate the terms of a proposed administrative rule.

Usually, an agency is not mandated to use negotiated rulemaking, but does so by choice.  The decision to use negotiated rulemaking is based on a number of factors, including whether it is likely that a balanced committee can be formed and whether it is reasonable to believe that the committee will reach a consensus recommendation for a proposed rule.

Under the  Negotiated Rulemaking Act ,  an interagency committee is established to facilitate and encourage agency use of negotiated rulemaking. An agency that is considering, planning, or conducting a negotiated rulemaking may consult with such agency or committee for information and assistance.  The agency publishes the proposed rule in the Federal Register and then follows the usual rulemaking procedure of soliciting public comments, which are evaluated for inclusion in the final rule.


Inside Negotiated Rulemaking