§565 — Title 5 Government Organization and Employees | U.S. Code

Summary

An agency may create a negotiated rulemaking committee after reviewing the comments and membership applications filed under section 564 if the agency thinks the committee can fairly represent the people who will be affected and if using a committee is workable and proper. The agency must follow the rules in chapter 10 when running the committee unless this subchapter says otherwise. If the agency decides not to form a committee, it must quickly publish that decision and the reasons in the Federal Register and in relevant trade or specialty publications, and send a copy to anyone who applied or nominated someone. The committee normally must have no more than 25 members unless the agency head says a larger group is needed for balance or to work properly. Every committee must include at least one agency representative. The agency must give the committee proper administrative help, including technical assistance.

Title 5, §565

Government Organization and Employees — Source: USLM XML via OLRC

(a)(1)If after considering comments and applications submitted under section 564, the agency determines that a negotiated rulemaking committee can adequately represent the interests that will be significantly affected by a proposed rule and that it is feasible and appropriate in the particular rulemaking, the agency may establish a negotiated rulemaking committee. In establishing and administering such a committee, the agency shall comply with chapter 10 of this title with respect to such committee, except as otherwise provided in this subchapter.

(2)If after considering such comments and applications, the agency decides not to establish a negotiated rulemaking committee, the agency shall promptly publish notice of such decision and the reasons therefor in the Federal Register and, as appropriate, in trade or other specialized publications, a copy of which shall be sent to any person who applied for, or nominated another person for membership on the negotiating 11 So in original. Probably should be “negotiated”. rulemaking committee to represent such interests with respect to the proposed rule.

(b)The agency shall limit membership on a negotiated rulemaking committee to 25 members, unless the agency head determines that a greater number of members is necessary for the functioning of the committee or to achieve balanced membership. Each committee shall include at least one person representing the agency.

(c)The agency shall provide appropriate administrative support to the negotiated rulemaking committee, including technical assistance.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (a)(1). Pub. L. 117–286 substituted “chapter 10 of this title” for “the Federal Advisory Committee Act”. 1992—Pub. L. 102–354, § 3(a)(2), renumbered section 585 of this title as this section. Subsec. (a)(1). Pub. L. 102–354, § 3(a)(3), substituted “section 564” for “section 584”.

§565 Establishment of committee

Summary

Title 5, §565

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata