; applicability of certain Federal law The Panel shall have the authority to conduct public hearings or meetings, but shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). All public hearings of the Panel shall be subject to the requirements under section 552b of title 5, United States Code. (E) Memorandum of understanding Not later than 90 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2017 , the Secretary of Labor and the Secretary of Health and Human Services shall conclude and publically issue a memorandum of understanding that— (i) outlines administrative arrangements which will facilitate a coordination of efforts between the Secretary of Labor and the Panel, ensures that such Secretary's investigation under paragraph (1) is not delayed or otherwise compromised by the activities of the Panel, and establishes a process to resolve any conflicts between such investigations; (ii) ensures that Panel members or staff will be able to participate in investigation activities (such as mine inspections and interviews) related to the Secretary of Labor’s investigation and will have full access to documents that are assembled or produced in such investigation, and ensures that the Secretary of Labor will make available to the Panel all of the authority provided under this section to such Secretary relating to obtaining information and witnesses, which may be requested by the Panel