Public Papers - 1990 - November
Statement on Signing the Negotiated Rulemaking Act of 1990
Today I am signing S. 303, the ``Negotiated Rulemaking Act of 1990.'' This Act will encourage Federal agencies to use negotiation in the regulatory process, to the extent that it may be appropriate, as a means of avoiding costly and time-consuming litigation.
In approving this bill, I must emphasize that Federal officials will retain their full statutory and constitutional responsibility to make all administrative determinations on regulatory matters. Under the Appointments Clause of the Constitution, Article II, Sec. 2, Cl. 2, governmental authority may be exercised only by officers of the United States.
The Act does not require an agency to adopt, or even to publish as a proposed rule, a consensus reached by a negotiated rulemaking advisory committee. Nor does the Act supplant either the role of the public in commenting on a proposed rule in accordance with the Administrative Procedure Act, or the responsibility of Government officials to consider such comments and to decide on and draft the text of a final rule. In this regard, I note that a negotiated rulemaking advisory committee has completed its function after it has recommended a proposed rule to the rulemaking agency.
I must also emphasize that S. 303 does not derogate in any way from existing agency authority to utilize or experiment with any lawful form of rulemaking, including negotiated rulemaking.
The White House,
November 29, 1990.
Note: S. 303, approved November 29, was assigned Public Law No. 101 - 648.