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Title 5, Government Organization and EmployeesRelease 119-110

§565 Establishment of Committee

Title 5 › PART I — THE AGENCIES GENERALLY › CHAPTER 5 — ADMINISTRATIVE PROCEDURE › SUBCHAPTER III — NEGOTIATED RULEMAKING PROCEDURE › § 565

Last updated Sep 23, 2026|Official source

Summary

An agency may set up a negotiated rulemaking committee after it has reviewed the comments and applications submitted under section 564 and finds that a committee can fairly represent the people who will be affected and that using one is practical. If the agency creates the committee, it must follow the procedures in chapter 10 of this title unless this subchapter says otherwise. If it decides not to create a committee, it must quickly publish the decision and reasons in the Federal Register (and in trade or specialty publications if appropriate) and send a copy to anyone who applied or nominated someone. Membership is normally capped at 25 people unless the agency head decides more are needed for the group to work or be balanced. Each committee must include at least one agency representative. The agency must give the committee proper administrative help, including technical assistance.

Full Legal Text

Title 5, §565

Government Organization and Employees, Source: USLM XML via OLRC

(a)Establishment.—
(1)Determination to establish committee.—
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)Determination not to establish committee.—
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 rulemaking committee to represent such interests with respect to the proposed rule.
(b)Membership.—
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)Administrative Support.—
The agency shall provide appropriate administrative support to the negotiated rulemaking committee, including technical assistance.

Legislative History

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”.

Reference

Citations & Metadata

Citation

5 U.S.C. § 565

Title 5, Government Organization and Employees

Last Updated

Sep 23, 2026

Release point: 119-110