5 USC § 565 - Establishment of committee

---
identifier: "/us/usc/t5/s565"
source: "usc"
legal_status: "official_legal_evidence"
title: "5 USC § 565 - Establishment of committee"
title_number: 5
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
section_number: "565"
section_name: "Establishment of committee"
chapter_number: 5
chapter_name: "ADMINISTRATIVE PROCEDURE"
subchapter_number: "III"
subchapter_name: "NEGOTIATED RULEMAKING PROCEDURE"
part_number: "I"
part_name: "THE AGENCIES GENERALLY"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
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.)"
---


# § 565. Establishment of committee

**(a)** **Establishment.—**

**(1)** **Determination to establish committee.—** 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.

**1** **Determination not to establish committee.—** 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.

So in original. Probably should be “negotiated”.

**(b)** **Membership.—** 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)** **Administrative Support.—** The agency shall provide appropriate administrative support to the negotiated rulemaking committee, including technical assistance.

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**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.)

## Editorial Notes

### Amendments

2022—Subsec. (a)(1).  substituted “chapter 10 of this title” for “the Federal Advisory Committee Act”.

1992—, renumbered  as this section.

Subsec. (a)(1). , substituted “section 564” for “section 584”.