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Title 5 — Government Organization and EmployeesRelease 119-73not60

§569 Encouraging Negotiated Rulemaking

Title 5 › Part I— THE AGENCIES GENERALLY › Chapter 5— ADMINISTRATIVE PROCEDURE › Subchapter III— NEGOTIATED RULEMAKING PROCEDURE › § 569

Last updated Apr 3, 2026|Official source

Summary

The President must pick one agency or set up a group of agencies to promote and help agencies use negotiated rulemaking (when agencies and interested people work together to write rules). Agencies that are thinking about or doing negotiated rulemaking can ask that office or group for help. An agency doing negotiated rulemaking may accept gifts or other property if taking them would not create a conflict of interest. Cash gifts and money from selling gifted property must be deposited in the Treasury and spent only when the agency head orders it. Gifts and their proceeds should be used as closely as possible to what the donor intended.

Full Legal Text

Title 5, §569

Government Organization and Employees — Source: USLM XML via OLRC

(a)The President shall designate an agency or designate or establish an interagency committee 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.
(b)To carry out the purposes of this subchapter, an agency planning or conducting a negotiated rulemaking may accept, hold, administer, and utilize gifts, devises, and bequests of property, both real and personal if that agency’s acceptance and use of such gifts, devises, or bequests do not create a conflict of interest. Gifts and bequests of money and proceeds from sales of other property received as gifts, devises, or bequests shall be deposited in the Treasury and shall be disbursed upon the order of the head of such agency. Property accepted pursuant to this section, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gifts, devises, or bequests.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Pub. L. 104–320 in section catchline substituted “Encouraging negotiated rulemaking” for “Role of the Administrative Conference of the United States and other entities”, and in text added subsecs. (a) and (b) and struck out former subsecs. (a) to (g) which related to: in subsec. (a), consultation by agencies; in subsec. (b), roster of potential conveners and facilitators; in subsec. (c), procedures to obtain conveners and facilitators; in subsec. (d), compilation of data on negotiated rulemaking and report to Congress; in subsec. (e), training in negotiated rulemaking; in subsec. (f), payment of expenses of agencies; and in subsec. (g), use of funds of the conference. 1992—Pub. L. 102–354, § 3(a)(2), renumbered section 589 of this title as this section. Subsec. (d)(2). Pub. L. 102–354, § 3(a)(5)(A), substituted “section 566” for “section 586”. Subsec. (f)(2). Pub. L. 102–354, § 3(a)(5)(B), substituted “section 568(c)” for “section 588(c)”. Subsec. (g). Pub. L. 102–354, § 3(a)(5)(C), substituted “section 595(c)(12)” for “section 575(c)(12)”.

Reference

Citations & Metadata

Citation

5 U.S.C. § 569

Title 5 — Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60