
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC561]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 5--ADMINISTRATIVE PROCEDURE
 
             SUBCHAPTER III--NEGOTIATED RULEMAKING PROCEDURE
 
Sec. 561. Purpose

    The purpose of this subchapter is to 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. Nothing in this subchapter should be 
construed as an attempt to limit innovation and experimentation with the 
negotiated rulemaking process or with other innovative rulemaking 
procedures otherwise authorized by law.

(Added Pub. L. 101-648, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4970, 
Sec. 581; renumbered Sec. 561, Pub. L. 102-354, Sec. 3(a)(2), Aug. 26, 
1992, 106 Stat. 944.)


                               Amendments

    1992--Pub. L. 102-354 renumbered section 581 of this title as this 
section.


               Effective Date of Repeal; Savings Provision

    Section 5 of Pub. L. 101-648, as amended by Pub. L. 102-354, 
Sec. 5(a)(2), Aug. 26, 1992, 106 Stat. 945, which provided that 
subchapter III of chapter 5 of title 5 and the table of sections 
corresponding to such subchapter, were repealed, effective 6 years after 
Nov. 29, 1990, except for then pending proceedings, was repealed by Pub. 
L. 104-320, Sec. 11(a), Oct. 19, 1996, 110 Stat. 3873.


                      Short Title of 1992 Amendment

    Section 1 of Pub. L. 102-354 provided that: ``This Act [amending 
sections 565, 568, 569, 571, 577, 580, 581, and 593 of this title, 
section 10 of Title 9, Arbitration, and section 173 of Title 29, Labor, 
renumbering sections 571 to 576, 581 to 590, and 581 to 593 as 591 to 
596, 561 to 570, and 571 to 583, respectively, of this title, and 
amending provisions set out as notes under this section and section 571 
of this title] may be cited as the `Administrative Procedure Technical 
Amendments Act of 1991'.''


                               Short Title

    Section 1 of Pub. L. 101-648 provided that: ``This Act [enacting 
this subchapter] may be cited as the `Negotiated Rulemaking Act of 
1990'.''


                         Congressional Findings

    Section 2 of Pub. L. 101-648 provided that: ``The Congress makes the 
following findings:
        ``(1) Government regulation has increased substantially since 
    the enactment of the Administrative Procedure Act [see Short Title 
    note set out preceding section 551 of this title].
        ``(2) Agencies currently use rulemaking procedures that may 
    discourage the affected parties from meeting and communicating with 
    each other, and may cause parties with different interests to assume 
    conflicting and antagonistic positions and to engage in expensive 
    and time-consuming litigation over agency rules.
        ``(3) Adversarial rulemaking deprives the affected parties and 
    the public of the benefits of face-to-face negotiations and 
    cooperation in developing and reaching agreement on a rule. It also 
    deprives them of the benefits of shared information, knowledge, 
    expertise, and technical abilities possessed by the affected 
    parties.
        ``(4) Negotiated rulemaking, in which the parties who will be 
    significantly affected by a rule participate in the development of 
    the rule, can provide significant advantages over adversarial 
    rulemaking.
        ``(5) Negotiated rulemaking can increase the acceptability and 
    improve the substance of rules, making it less likely that the 
    affected parties will resist enforcement or challenge such rules in 
    court. It may also shorten the amount of time needed to issue final 
    rules.
        ``(6) Agencies have the authority to establish negotiated 
    rulemaking committees under the laws establishing such agencies and 
    their activities and under the Federal Advisory Committee Act (5 
    U.S.C. App.). Several agencies have successfully used negotiated 
    rulemaking. The process has not been widely used by other agencies, 
    however, in part because such agencies are unfamiliar with the 
    process or uncertain as to the authority for such rulemaking.''


                     Authorization of Appropriations

    Section 4 of Pub. L. 101-648, as amended by Pub. L. 102-354, 
Sec. 5(a)(1), Aug. 26, 1992, 106 Stat. 945, authorized additional 
appropriations to Administrative Conference of the United States to 
carry out Pub. L. 101-648 in fiscal years 1991, 1992, and 1993.
