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5 U.S.C. § 564 — Publication of notice; applications for membership on committees
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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Source file: Laws/federal/codes/united-states-code/title-5/section-564-publication-of-notice-applications-for-membership-on-committees--80f52023b1.md
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Source location: Title 5, Chapter 5, § 564; chapter-005-administrative-procedure.md
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**(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 proposed rule. Each application or nomination shall include—
(1) the name of the applicant or nominee and a description of the interests such person shall represent;
(2) evidence that the applicant or nominee is authorized to represent parties related to the interests the person proposes to represent;
(3) a written commitment that the applicant or nominee shall actively participate in good faith in the development of the rule under consideration; and
(4) the reasons that the persons specified in the notice under subsection (a)(4) do not adequately represent the interests of the person submitting the application or nomination.
**(c) Period for Submission of Comments and Applications.—** The agency shall provide for a period of at least 30 calendar days for the submission of comments and applications under this section.
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter.
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 155
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 565
1 So in original. Probably should be ‘‘on’’.
1 So in original. Probably should be ‘‘negotiated’’.
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 ex-
pedite the establishment of negotiated rulemaking
committees and committees established to resolve
disputes under the Administrative Dispute Resolu-
tion Act [Pub. L. 101–552, see Short Title note set out
under section 571 of this title], including, with re-
spect to negotiated rulemaking committees, elimi-
nating any redundant administrative requirements
related to filing a committee charter under section
1008 of title 5, United States Code, and providing pub-
lic 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.’’
§ 564. Publication of notice; applications for
membership on committees
(a) PUBLICATION OF NOTICE.—If, after consid-
ering 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 ap-
propriate, in trade or other specialized publica-
tions, a notice which shall include—
(1) an announcement that the agency in-
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 564
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