5 U.S.C. § 565 — Establishment of committee
submitted 36 years ago by Pub. L. 101-648 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 243 words · no verdicts yet
An agency may form a negotiated rulemaking committee when it finds the committee feasible and representative, or must publish reasons if it declines. The committee normally has no more than 25 members and must receive administrative support.
(a) Establishment. (1) If, after considering section 564 comments and applications, the agency finds that a committee can adequately represent significantly affected interests and that it is feasible and appropriate, it may establish one. The agency must administer it under chapter 10, except as this subchapter provides. (2) If the agency decides not to establish one, it must promptly publish the decision and reasons in the Federal Register and, when appropriate, specialized publications, and send a copy to applicants and nominees.
(b) Membership. The agency must limit membership to 25 unless the agency head finds more members necessary for the committee to function or to be balanced. At least one member must represent the agency.
(c) Support. The agency must provide appropriate administrative support, including technical assistance.
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.
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 1 rulemaking committee to represent such interests with respect to the proposed rule.
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.
The agency shall provide appropriate administrative support to the negotiated rulemaking committee, including technical assistance.
Source credit: (Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4972, § 585; renumbered § 565 and amended Pub. L. 102–354, § 3(a)(2), (3), Aug. 26, 1992, 106 Stat. 944; Pub. L. 117–286, § 4(a)(7), Dec. 27, 2022, 136 Stat. 4305.)
- 1990Enacted · Pub. L. 101-648 · 104 Stat. 4972
- 1992Amended · Pub. L. 102-354 · 106 Stat. 944
- 2022Amended · Pub. L. 117-286 · 136 Stat. 4305
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-648 on 1990-11-29.
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