
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC565]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 5--ADMINISTRATIVE PROCEDURE
 
             SUBCHAPTER III--NEGOTIATED RULEMAKING PROCEDURE
 
Sec. 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 the Federal Advisory 
    Committee Act with respect to such committee, except as otherwise 
    provided in this subchapter.
        (2) 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.
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    \1\ 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.

(Added Pub. L. 101-648, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4972, 
Sec. 585; renumbered Sec. 565 and amended Pub. L. 102-354, Sec. 3(a)(2), 
(3), Aug. 26, 1992, 106 Stat. 944.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (a)(1), 
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set 
out in the Appendix to this title.


                               Amendments

    1992--Pub. L. 102-354, Sec. 3(a)(2), renumbered section 585 of this 
title as this section.
    Subsec. (a)(1). Pub. L. 102-354, Sec. 3(a)(3), substituted ``section 
564'' for ``section 584''.

                  Section Referred to in Other Sections

    This section is referred to in title 23 section 202; title 25 
sections 458gg, 458aaa-16, 4116; title 42 section 1395w-26.
