---
kind: "section"
citation: "5 U.S.C. § 566"
title: "5"
title_heading: "Government Organization and Employees"
number: "566"
heading: "Conduct of committee activity"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/566"
units:
  - "Part I — The Agencies Generally"
  - "Chapter 5 — Administrative Procedure"
  - "Subchapter III — Negotiated Rulemaking Procedure"
---

# §566. Conduct of committee activity

- (a) **Duties of Committee.—** Each [negotiated rulemaking](/usc/5/562.md?p=6) committee established under this subchapter shall consider the matter proposed by the [agency](/usc/5/551.md?p=1) for consideration and shall attempt to reach a [consensus](/usc/5/562.md?p=2) 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](/usc/5/551.md?p=2) or [persons](/usc/5/551.md?p=2) representing the [agency](/usc/5/551.md?p=1) on a [negotiated rulemaking](/usc/5/562.md?p=6) committee shall participate in the deliberations and activities of the committee with the same rights and responsibilities as other [members](/usc/5/5531.md?p=1) of the committee, and shall be authorized to fully represent the [agency](/usc/5/551.md?p=1) in the discussions and negotiations of the committee.
- (c) **Selecting Facilitator.—** Notwithstanding [section 1009(e) of this title](/usc/5/1009.md?p=e), an [agency](/usc/5/551.md?p=1) may nominate either a [person](/usc/5/551.md?p=2) from the Federal Government or a [person](/usc/5/551.md?p=2) from outside the Federal Government to serve as a [facilitator](/usc/5/562.md?p=4) for the negotiations of the committee, subject to the approval of the committee by [consensus](/usc/5/562.md?p=2). If the committee does not approve the nominee of the [agency](/usc/5/551.md?p=1) for fa­cilitator, the [agency](/usc/5/551.md?p=1) shall submit a substitute nomination. If a committee does not approve any nominee of the [agency](/usc/5/551.md?p=1) for [facilitator](/usc/5/562.md?p=4), the committee shall select by [consensus](/usc/5/562.md?p=2) a [person](/usc/5/551.md?p=2) to serve as [facilitator](/usc/5/562.md?p=4). A [person](/usc/5/551.md?p=2) designated to represent the [agency](/usc/5/551.md?p=1) in substantive issues may not serve as [facilitator](/usc/5/562.md?p=4) or otherwise chair the committee.
- (d) **Duties of Facilitator.—** A [facilitator](/usc/5/562.md?p=4) approved or selected by a [negotiated rulemaking](/usc/5/562.md?p=6) committee shall—
  - (1) chair the meetings of the committee in an impartial manner;
  - (2) impartially assist the [members](/usc/5/5531.md?p=1) of the committee in conducting discussions and negotiations; and
  - (3) manage the keeping of minutes and records as required under [section 1009(b)](/usc/5/1009.md?p=b) and (c) of this title, except that any personal notes and materials of the [facilitator](/usc/5/562.md?p=4) or of the [members](/usc/5/5531.md?p=1) of a committee shall not be subject to [section 552 of this title](/usc/5/552.md).
- (e) **Committee Procedures.—** A [negotiated rulemaking](/usc/5/562.md?p=6) committee established under this subchapter may adopt procedures for the operation of the committee. No provision of [section 553 of this title](/usc/5/553.md) shall apply to the procedures of a [negotiated rulemaking](/usc/5/562.md?p=6) committee.
- (f) **Report of Committee.—** If a committee reaches a [consensus](/usc/5/562.md?p=2) on a proposed rule, at the conclusion of negotiations the committee shall transmit to the [agency](/usc/5/551.md?p=1) that established the committee a report containing the proposed rule. If the committee does not reach a [consensus](/usc/5/562.md?p=2) on a proposed rule, the committee may transmit to the [agency](/usc/5/551.md?p=1) a report specifying any areas in which the committee reached a [consensus](/usc/5/562.md?p=2). The committee may include in a report any other information, recommendations, or materials that the committee considers appropriate. Any committee [member](/usc/5/5531.md?p=1) 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)](#f), a committee shall submit to the [agency](/usc/5/551.md?p=1) the records required under [section 1009(b)](/usc/5/1009.md?p=b) and (c) of this title.

## Source credit

(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4973, § 586; renumbered § 566, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944; amended Pub. L. 117–286, § 4(a)(8), Dec. 27, 2022, 136 Stat. 4305.)

## Notes

### 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.