---
kind: "section"
citation: "5 U.S.C. § 563"
title: "5"
title_heading: "Government Organization and Employees"
number: "563"
heading: "Determination of need for negotiated rulemaking committee"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/563"
units:
  - "Part I — The Agencies Generally"
  - "Chapter 5 — Administrative Procedure"
  - "Subchapter III — Negotiated Rulemaking Procedure"
---

# §563. Determination of need for negotiated rulemaking committee

- (a) **Determination of Need by the Agency.—** An [agency](/usc/5/551.md?p=1) may establish a [negotiated rulemaking](/usc/5/562.md?p=6) committee to negotiate and develop a proposed rule, if the head of the [agency](/usc/5/551.md?p=1) determines that the use of the [negotiated rulemaking](/usc/5/562.md?p=6) procedure is in the public [interest](/usc/5/562.md?p=5). In making such a determination, the head of the [agency](/usc/5/551.md?p=1) shall consider whether—
  - (1) there is a need for a rule;
  - (2) there are a limited number of identifiable [interests](/usc/5/562.md?p=5) 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](/usc/5/551.md?p=2) who—
    - (A) can adequately represent the [interests](/usc/5/562.md?p=5) identified under [paragraph (2)](#a-2); and
    - (B) are willing to negotiate in good faith to reach a [consensus](/usc/5/562.md?p=2) on the proposed rule;
  - (4) there is a reasonable likelihood that a committee will reach a [consensus](/usc/5/562.md?p=2) on the proposed rule within a fixed period of time;
  - (5) the [negotiated rulemaking](/usc/5/562.md?p=6) procedure will not unreasonably delay the notice of proposed [rulemaking](/usc/5/562.md?p=11) and the issuance of the final rule;
  - (6) the [agency](/usc/5/551.md?p=1) has adequate resources and is willing to commit such resources, including technical assistance, to the committee; and
  - (7) the [agency](/usc/5/551.md?p=1), to the maximum extent possible consistent with the legal obligations of the [agency](/usc/5/551.md?p=1), will use the [consensus](/usc/5/562.md?p=2) of the committee with respect to the proposed rule as the basis for the rule proposed by the [agency](/usc/5/551.md?p=1) for notice and comment.
- (b) **Use of Conveners.—**
  - (1) **Purposes of conveners.—** An [agency](/usc/5/551.md?p=1) may use the services of a [convener](/usc/5/562.md?p=3) to assist the [agency](/usc/5/551.md?p=1) in—
    - (A) identifying [persons](/usc/5/551.md?p=2) who will be significantly affected by a proposed rule, including residents of rural areas; and
    - (B) conducting discussions with such [persons](/usc/5/551.md?p=2) to identify the issues of concern to such [persons](/usc/5/551.md?p=2), and to ascertain whether the [establishment](/usc/5/401.md?p=1) of a [negotiated rulemaking](/usc/5/562.md?p=6) committee is feasible and appropriate in the particular [rulemaking](/usc/5/562.md?p=11).
  - (2) **Duties of conveners.—** The [convener](/usc/5/562.md?p=3) shall report findings and may make recommendations to the [agency](/usc/5/551.md?p=1). Upon request of the [agency](/usc/5/551.md?p=1), the [convener](/usc/5/562.md?p=3) shall ascertain the names of [persons](/usc/5/551.md?p=2) who are willing and qualified to represent [interests](/usc/5/562.md?p=5) that will be significantly affected by the proposed rule, including residents of rural areas. The report and any recommendations of the [convener](/usc/5/562.md?p=3) shall be made available to the public upon request.

## Source credit

(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4970, § 583; renumbered § 563, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944.)

## Notes

### 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— within 180 days of the date of the enactment of this Act [Oct. 19, 1996], take appropriate action to expedite the establishment of negotiated rulemaking committees and committees established to resolve disputes under the Administrative Dispute Resolution Act [Pub. L. 101–552, see Short Title note set out under section 571 of this title], including, with respect to negotiated rulemaking committees, eliminating any redundant administrative requirements related to filing a committee charter under section 1008 of title 5, United States Code, and providing public notice of such committee under section 564 of title 5, United States Code; and within one year of the date of the enactment of this Act, submit recommendations to Congress for any necessary legislative changes.”