5 U.S.C. § 566 — Conduct of committee activity
submitted 36 years ago by Pub. L. 101-648 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 485 words · no verdicts yet
A negotiated rulemaking committee works toward consensus on the proposed rule. Agency representatives have equal participation rights, and a facilitator leads impartially; the committee reports its consensus or areas of agreement.
(a) Duties. Each committee must consider the agency’s proposed matter and try to reach consensus on a proposed rule and any related matter it finds relevant.
(b) Agency representatives. Agency representatives participate with the same rights and duties as other members and may fully represent the agency in discussions and negotiations.
(c) Facilitator. Despite section 1009(e), the agency may nominate a government or nongovernment facilitator, subject to committee consensus approval. If rejected, the agency must nominate another. If all agency nominees are rejected, the committee must choose a facilitator by consensus. A person representing the agency on substantive issues may not facilitate or otherwise chair the committee.
(d) Facilitator’s duties. The approved facilitator must chair impartially, help discussions and negotiations impartially, and manage minutes and records required by section 1009(b) and (c). The facilitator’s and members’ personal notes and materials are not subject to section 552.
(e) Procedures. The committee may adopt operating procedures. Section 553 does not apply to those procedures.
(f) Report. If the committee reaches consensus, it must send the agency a report with the proposed rule. If it does not, it may report areas of consensus. It may include other information, recommendations, or materials, and any member may add an addendum.
(g) Records. The committee must also send the agency the records required by section 1009(b) and (c).
Each negotiated rulemaking committee established under this subchapter shall consider the matter proposed by the agency for consideration and shall attempt to reach a consensus concerning a proposed rule with respect to such matter and any other matter the committee determines is relevant to the proposed rule.
The person or persons representing the agency on a negotiated rulemaking committee shall participate in the deliberations and activities of the committee with the same rights and responsibilities as other members of the committee, and shall be authorized to fully represent the agency in the discussions and negotiations of the committee.
Notwithstanding section 1009(e) of this title, an agency may nominate either a person from the Federal Government or a person from outside the Federal Government to serve as a facilitator for the negotiations of the committee, subject to the approval of the committee by consensus. If the committee does not approve the nominee of the agency for facilitator, the agency shall submit a substitute nomination. If a committee does not approve any nominee of the agency for facilitator, the committee shall select by consensus a person to serve as facilitator. A person designated to represent the agency in substantive issues may not serve as facilitator or otherwise chair the committee.
A facilitator approved or selected by a negotiated rulemaking committee shall—
chair the meetings of the committee in an impartial manner;
impartially assist the members of the committee in conducting discussions and negotiations; and
manage the keeping of minutes and records as required under section 1009(b) and (c) of this title, except that any personal notes and materials of the facilitator or of the members of a committee shall not be subject to section 552 of this title.
A negotiated rulemaking committee established under this subchapter may adopt procedures for the operation of the committee. No provision of section 553 of this title shall apply to the procedures of a negotiated rulemaking committee.
If a committee reaches a consensus on a proposed rule, at the conclusion of negotiations the committee shall transmit to the agency that established the committee a report containing the proposed rule. If the committee does not reach a consensus on a proposed rule, the committee may transmit to the agency a report specifying any areas in which the committee reached a consensus. The committee may include in a report any other information, recommendations, or materials that the committee considers appropriate. Any committee member may include as an addendum to the report additional information, recommendations, or materials.
In addition to the report required by subsection (f), a committee shall submit to the agency the records required under section 1009(b) and (c) of this title.
Source credit: (Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4973, § 586; renumbered § 566, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944; amended Pub. L. 117–286, § 4(a)(8), Dec. 27, 2022, 136 Stat. 4305.)
- 1990Enacted · Pub. L. 101-648 · 104 Stat. 4973
- 1992Amended · Pub. L. 102-354 · 106 Stat. 944
- 2022Amended · Pub. L. 117-286 · 136 Stat. 4305
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-648 on 1990-11-29.
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