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5 U.S.C. § 563 — Determination of need for negotiated rulemaking committee
Federal law — U.S. Code and appendices · legal_authorities
**(a) Determination of Need by the Agency.—** 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) Use of Conveners.—**
(1) **Purposes of conveners.—** — 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
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Source file: Laws/federal/codes/united-states-code/title-5/section-563-determination-of-need-for-negotiated-rulemaking-committee--cd9e6f4528.md
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Source location: Title 5, Chapter 5, § 563; chapter-005-administrative-procedure.md
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**(a) Determination of Need by the Agency.—** 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) Use of Conveners.—**
(1) **Purposes of conveners.—** — 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) **Duties of conveners.—** — 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.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter, the term—
(1) “agency” has the same meaning as in [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim);
(2) “administrative program” includes a Federal function which involves protection of the public interest and the determination of rights, privileges, and obligations of private persons through rule making, adjudication, licensing, or investigation, as those terms are used in subchapter II of this chapter;
(3) “alternative means of dispute resolution” means any procedure that is used to resolve issues in controversy, including, but not limited to, conciliation, facilitation, mediation, factfinding, minitrials, arbitration, and use of ombuds, or any combination thereof;
(4) “award” means any decision by an arbitrator resolving the issues in controversy;
(5) “dispute resolution communication” means any oral or written communication prepared for the purposes of a dispute resolution proceeding, including any memoranda, notes or work product of the neutral, parties or nonparty participant; except that a written agreement to enter into a dispute resolution proceeding, or final written agreement or arbitral award reached as a result of a dispute resolution proceeding, is not a dispute resolution communication;
(6) “dispute resolution proceeding” means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;
(7) “in confidence” means, with respect to information, that the information is provided—
(A) with the expressed intent of the source that it not be disclosed; or
(B) under circumstances that would create the reasonable expectat
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Publication of Notice.—** If, after considering the report of a convener or conducting its own assessment, an agency decides to establish a negotiated rulemaking committee, the agency shall publish in the Federal Register and, as appropriate, in trade or other specialized publications, a notice which shall include—
(1) an announcement that the agency intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule;
(2) a description of the subject and scope of the rule to be developed, and the issues to be considered;
(3) a list of the interests which are likely to be significantly affected by the rule;
(4) a list of the persons proposed to represent such interests and the person or persons proposed to represent the agency;
(5) a proposed agenda and schedule for completing the work of the committee, including a target date for publication by the agency of a proposed rule for notice and comment;
(6) a description of administrative support for the committee to be provided by the agency, including technical assistance;
(7) a solicitation for comments on the proposal to establish the committee, and the proposed membership of the negotiated rulemaking committee; and
(8) an explanation of how a person may apply or nominate another person for membership on the committee, as provided under subsection (b).
**(b) Applications for Membership or 11 So in original. Probably should be “on”. Committee.—** Persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented by any person specified in a notice under subsection (a)(4) may apply for, or nominate another person for, membership on the negotiated rulemaking committee to represent such interests with respect to the p
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** An advisory committee shall not be established unless establishment is—
(1) specifically authorized by statute or by the President; or
(2) determined as a matter of formal record, by the head of the agency involved after consultation with the Administrator, with timely notice published in the Federal Register, to be in the public interest in connection with the performance of duties imposed on that agency by law.
**(b) Purpose of Advisory Committees.—** Unless otherwise specifically provided by statute or Presidential directive, advisory committees shall be utilized solely for advisory functions. Determinations of action to be taken and policy to be expressed with respect to matters upon which an advisory committee reports or makes recommendations shall be made solely by the President or an officer of the Federal Government.
**(c) Advisory Committee Charters.—**
(1) **General requirement.—** — An advisory committee shall not meet or take any action until an advisory committee charter has been filed—
(A) with the Administrator in the case of Presidential advisory committees; or
(B) with—
(i) the head of the agency to whom the advisory committee reports; and
(ii) the standing committees of the Senate and House of Representatives having legislative jurisdiction over the agency to which the advisory committee reports.
(2) **Contents of charter.—** — The advisory committee charter shall contain—
(A) the committee’s official designation;
(B) the committee’s objectives and the scope of its activity;
(C) the period of time necessary for the committee to carry out its purposes;
(D) the agency or official to whom the committee reports;
(E) the agency responsible for providing the necessary support for the committee;
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter, an agency may use (with or without reimbursement) the services and facilities of other Federal agencies, State, local, and tribal governments, public and private organizations and agencies, and individuals, with the consent of such agencies, organizations, and individuals. An agency may accept voluntary and uncompensated services for purposes of this subchapter without regard to the provisions of [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 583
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Federal law — U.S. Code and appendices · legal_authorities
In carrying on the activities of the Department of Agriculture involving cooperation with State, county, and municipal agencies, associations of farmers, individual farmers, universities, colleges, boards of trade, chambers of commerce, or other local associations of business men, business organizations, and individuals within the State, Territory, district, or insular possession in which such activities are to be carried on, moneys contributed from such outside sources, except in the case of the authorized activities of the Forest Service, shall be paid only through the Secretary of Agriculture or through State, county, or municipal agencies, or local farm bureaus or like organizations, cooperating for the purpose with the Secretary of Agriculture.
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Federal law — U.S. Code and appendices · legal_authorities
Page 154
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 562
ing it less likely that the affected parties will resist
enforcement or challenge such rules in court. It may
also shorten the amount of time needed to issue final
rules.
‘‘(6) Agencies have the authority to establish nego-
tiated rulemaking committees under the laws estab-
lishing such agencies and their activities and under
chapter 10 of title 5, United States Code. Several
agencies have successfully used negotiated rule-
making. The process has not been widely used by
other agencies, however, in part because such agen-
cies are unfamiliar with the process or uncertain as
to the authority for such rulemaking.’’
AUTHORIZATION OF APPROPRIATIONS
Pub. L. 101–648, § 4, Nov. 29, 1990, 104 Stat. 4976, as
amended by Pub. L. 102–354, § 5(a)(1), Aug. 26, 1992, 106
Stat. 945, authorized additional appropriations to Ad-
ministrative Conference of the United States to carry
out Pub. L. 101–648 in fiscal years 1991, 1992, and 1993.
§ 562. Definitions
For the purposes of this subchapter, the
term—
(1) ‘‘agency’’ has the same meaning as in
section 551(1) of this title;
(2) ‘‘consensus’’ means unanimous concur-
rence among the interests represented on a ne-
gotiated rulemaking committee established
under this subchapter, unless such com-
mittee—
(A) agrees to define such term to mean a
general but not unanimous concurrence; or
(B) agrees upon another specified defini-
tion;
(3) ‘‘convener’’ means a person who impar-
tially assists an agency in determining wheth-
er establishment of a negotiated rulemaking
committee is feasible and appropriate in a par-
ticular rulemaking;
(4) ‘‘facilitator’’ means a person who impar-
tially aids in the discussions and negotiations
among the members of a negotiated rule
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 563
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