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Title 5 — Government Organization and EmployeesRelease 119-73not60

§565 Establishment of Committee

Title 5 › Part I— THE AGENCIES GENERALLY › Chapter 5— ADMINISTRATIVE PROCEDURE › Subchapter III— NEGOTIATED RULEMAKING PROCEDURE › § 565

Last updated Apr 3, 2026|Official source

Summary

An agency may create a negotiated rulemaking committee after it reviews the comments and applications filed under section 564 and finds that a committee can fairly represent the people affected and that it is workable for that rulemaking. The agency must follow the procedures in chapter 10 for the committee, unless this subchapter says otherwise. If the agency decides not to form a committee, it must quickly publish its decision and reasons in the Federal Register and, when useful, in trade or other specialized publications, and send a copy to anyone who applied or nominated a member. Membership is normally capped at 25 people unless the agency head determines more are needed to make the committee work or be balanced. Each committee must include at least one person who represents the agency. The agency must give the committee proper administrative support, including technical assistance.

Full Legal Text

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.

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

Apr 3, 2026

Release point: 119-73not60