
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: 5USC566]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 5--ADMINISTRATIVE PROCEDURE
 
             SUBCHAPTER III--NEGOTIATED RULEMAKING PROCEDURE
 
Sec. 566. Conduct of committee activity

    (a) Duties of Committee.--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) Representatives of Agency on Committee.--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) Selecting Facilitator.--Notwithstanding section 10(e) of the 
Federal Advisory Committee Act, 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) Duties of Facilitator.--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 10(b) and (c) of the Federal Advisory Committee Act, 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) Committee Procedures.--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) Report of 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.
    (g) Records of Committee.--In addition to the report required by 
subsection (f), a committee shall submit to the agency the records 
required under section 10(b) and (c) of the Federal Advisory Committee 
Act.

(Added Pub. L. 101-648, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4973, 
Sec. 586; renumbered Sec. 566, Pub. L. 102-354, Sec. 3(a)(2), Aug. 26, 
1992, 106 Stat. 944.)

                       References in Text

    Section 10 of the Federal Advisory Committee Act, referred to in 
subsecs. (c), (d)(3), and (g), is section 10 of Pub. L. 92-463, which is 
set out in the Appendix to this title.


                               Amendments

    1992--Pub. L. 102-354 renumbered section 586 of this title as this 
section.

                  Section Referred to in Other Sections

    This section is referred to in title 42 section 1395w-26.
