5 U.S.C. § 564 — Publication of notice; applications for

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- tends to establish a negotiated rulemaking committee to negotiate and develop a pro- posed 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 pro- posed to represent the agency; (5) a proposed agenda and schedule for com- pleting 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 agen- cy, including technical assistance; (7) a solicitation for comments on the pro- posal to establish the committee, and the pro- posed membership of the negotiated rule- making committee; and (8) an explanation of how a person may apply or nominate another person for membership on the committee, as provided under sub- section (b). (b) APPLICATIONS FOR MEMBERSHIP OR 1 COM- MITTEE.—Persons who will be significantly af- fected by a proposed rule and who believe that their interests will not be adequately rep- resented by any person specified in a notice under subsection (a)(4) may apply for, or nomi- nate another person for, membership on the ne- gotiated 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 con- sideration; and (4) the reasons that the persons specified in the notice under subsection (a)(4) do not ade- quately 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 sub- mission of comments and applications under this section. (Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4971, § 584; renumbered § 564, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–354 renumbered section 584 of this title as this section. § 565. Establishment of committee (a) ESTABLISHMENT.— (1) DETERMINATION TO ESTABLISH COM- MITTEE.—If after considering comments and applications submitted under section 564, the agency determines that a negotiated rule- making 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 COM- MITTEE.—If after considering such comments and applications, the agency decides not to es- tablish 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 member- ship on the negotiating 1 rulemaking com- mittee to represent such interests with respect to the proposed rule. (b) MEMBERSHIP.—The agency shall limit membership on a negotiated rulemaking com- mittee to 25 members, unless the agency head determines that a greater number of members is