§566 — Title 5 Government Organization and Employees | U.S. Code

Summary

Committees must review the agency’s proposed rule and try to come to an agreement on that rule and any related issues the committee thinks matter. The agency’s representative(s) on the committee have the same rights and duties as other members and can speak and negotiate for the agency. Even though section 1009(e) says something different, the agency may nominate a facilitator from inside or outside the federal government, but the committee must approve the choice by consensus. If the committee rejects the agency’s nominee, the agency must offer another. If no agency nominee is approved, the committee chooses a facilitator by consensus. Anyone acting for the agency on the rule cannot be the facilitator or chair. The facilitator must run meetings and help talks fairly, and must keep minutes and records as required under section 1009(b) and (c). Personal notes of the facilitator or members are not covered by section 552. The committee may make its own operating rules, and section 553 does not apply to those rules. If the committee reaches consensus, it must send the agreed draft rule to the agency. If not, it may send a report showing any points of agreement and any other materials it wants to include; any member may add an extra statement. The committee must also send the records required by section 1009(b) and (c).

Title 5, §566

Government Organization and Employees — Source: USLM XML via OLRC

(a)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.

(b)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.

(c)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.

(d)A facilitator approved or selected by a negotiated rulemaking committee shall—

(1)chair the meetings of the committee in an impartial manner;

(2)impartially assist the members of the committee in conducting discussions and negotiations; and

(3)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.

(e)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.

(f)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.

(g)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (c). Pub. L. 117–286, § 4(a)(8)(A), substituted “section 1009(e) of this title,” for “section 10(e) of the Federal Advisory Committee Act,”. Subsec. (d)(3). Pub. L. 117–286, § 4(a)(8)(B), substituted “section 1009(b) and (c) of this title,” for “section 10(b) and (c) of the Federal Advisory Committee Act,”. Subsec. (g). Pub. L. 117–286, § 4(a)(8)(C), substituted “section 1009(b) and (c) of this title.” for “section 10(b) and (c) of the Federal Advisory Committee Act.” 1992—Pub. L. 102–354 renumbered section 586 of this title as this section.

§566 Conduct of Committee Activity

Summary

Title 5, §566

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata