U.S. Code, Title 5, Government Organization and Employees

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Author: "U.S. Congress, Office of the Law Revision Counsel"

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§ 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.

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, § 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.)

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, § 3(a)(2), renumbered section 585 of this title as this section.

     Subsec. (a)(1). Pub. L. 102–354, § 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.

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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 565. Establishment of Committee," U.S. Code, Title 5, Government Organization and Employees in U.S. Code, Title 5, Government Organization and Employees (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed April 19, 2024, http://www.originalsources.com/Document.aspx?DocID=H45A3JR5FPP8UWH.

MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 565. Establishment of Committee." U.S. Code, Title 5, Government Organization and Employees, in U.S. Code, Title 5, Government Organization and Employees, Washington, D.C., Government Printing Office, 2002, Original Sources. 19 Apr. 2024. http://www.originalsources.com/Document.aspx?DocID=H45A3JR5FPP8UWH.

Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 565. Establishment of Committee' in U.S. Code, Title 5, Government Organization and Employees. cited in 2002, U.S. Code, Title 5, Government Organization and Employees, Government Printing Office, Washington, D.C.. Original Sources, retrieved 19 April 2024, from http://www.originalsources.com/Document.aspx?DocID=H45A3JR5FPP8UWH.