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U.S. Code as of:
01/03/05
Section 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.
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