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

Summary

An agency can set up a negotiated rulemaking committee to write a proposed rule if the agency head decides it is in the public interest. The agency head must consider whether (1) there is a need for a rule; (2) a limited number of identifiable interests will be significantly affected; (3) a balanced group that can represent those interests can be formed and will negotiate in good faith; (4) the group is likely to reach agreement within a set time; (5) the process will not unreasonably delay the proposed or final rule; (6) the agency has and will commit enough resources and technical help; and (7) the agency, as far as the law allows, will use the committee’s agreement as the basis for the proposed rule. An agency may hire a convener to help find people who will be affected, including rural residents, and to talk with them about whether a negotiated committee is feasible. The convener must report findings and can give recommendations. If the agency asks, the convener must provide names of willing, qualified representatives. The convener’s report and recommendations must be available to the public on request.

Title 5, §563

Government Organization and Employees — Source: USLM XML via OLRC

(a)An agency may establish a negotiated rulemaking committee to negotiate and develop a proposed rule, if the head of the agency determines that the use of the negotiated rulemaking procedure is in the public interest. In making such a determination, the head of the agency shall consider whether—

(1)there is a need for a rule;

(2)there are a limited number of identifiable interests that will be significantly affected by the rule;

(3)there is a reasonable likelihood that a committee can be convened with a balanced representation of persons who—

(A)can adequately represent the interests identified under paragraph (2); and

(B)are willing to negotiate in good faith to reach a consensus on the proposed rule;

(4)there is a reasonable likelihood that a committee will reach a consensus on the proposed rule within a fixed period of time;

(5)the negotiated rulemaking procedure will not unreasonably delay the notice of proposed rulemaking and the issuance of the final rule;

(6)the agency has adequate resources and is willing to commit such resources, including technical assistance, to the committee; and

(7)the agency, to the maximum extent possible consistent with the legal obligations of the agency, will use the consensus of the committee with respect to the proposed rule as the basis for the rule proposed by the agency for notice and comment.

(b)(1)An agency may use the services of a convener to assist the agency in—

(A)identifying persons who will be significantly affected by a proposed rule, including residents of rural areas; and

(B)conducting discussions with such persons to identify the issues of concern to such persons, and to ascertain whether the establishment of a negotiated rulemaking committee is feasible and appropriate in the particular rulemaking.

(2)The convener shall report findings and may make recommendations to the agency. Upon request of the agency, the convener shall ascertain the names of persons who are willing and qualified to represent interests that will be significantly affected by the proposed rule, including residents of rural areas. The report and any recommendations of the convener shall be made available to the public upon request.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Pub. L. 102–354 renumbered section 583 of this title as this section.

Statutory Notes and Related Subsidiaries

Negotiated Rulemaking Committees Pub. L. 104–320, § 11(e), Oct. 19, 1996, 110 Stat. 3874, as amended by Pub. L. 117–286, § 4(a)(6), Dec. 27, 2022, 136 Stat. 4305, provided that: “The Director of the Office of Management and Budget shall— “(1) within 180 days of the date of the enactment of this Act [Oct. 19, 1996], take appropriate action to expedite the establishment of negotiated rulemaking committees and committees established to resolve disputes under the Administrative Dispute Resolution Act [Pub. L. 101–552, see

Short Title

note set out under section 571 of this title], including, with respect to negotiated rulemaking committees, eliminating any redundant administrative requirements related to filing a committee charter under section 1008 of title 5, United States Code, and providing public notice of such committee under section 564 of title 5, United States Code; and “(2) within one year of the date of the enactment of this Act, submit recommendations to Congress for any necessary legislative changes.”

§563 Determination of Need for Negotiated Rulemaking Committee