---
kind: "section"
citation: "5 U.S.C. § 565"
title: "5"
title_heading: "Government Organization and Employees"
number: "565"
heading: "Establishment of committee"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/565"
units:
  - "Part I — The Agencies Generally"
  - "Chapter 5 — Administrative Procedure"
  - "Subchapter III — Negotiated Rulemaking Procedure"
---

# §565. Establishment of committee

- (a) **Establishment.—**
  - (1) **Determination to establish committee.—** If after considering comments and applications submitted under [section 564](/usc/5/564.md), the [agency](/usc/5/551.md?p=1) determines that a [negotiated rulemaking](/usc/5/562.md?p=6) committee can adequately represent the [interests](/usc/5/562.md?p=5) that will be significantly affected by a proposed rule and that it is feasible and appropriate in the particular [rulemaking](/usc/5/562.md?p=11), the [agency](/usc/5/551.md?p=1) may establish a [negotiated rulemaking](/usc/5/562.md?p=6) committee. In establishing and administering such a committee, the [agency](/usc/5/551.md?p=1) shall comply with [chapter 10](/usc/5/chptI/ch10.md) of this title 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](/usc/5/551.md?p=1) decides not to establish a [negotiated rulemaking](/usc/5/562.md?p=6) committee, the [agency](/usc/5/551.md?p=1) 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](/usc/5/551.md?p=2) who applied for, or nominated another [person](/usc/5/551.md?p=2) for membership on the negotiating[^1] [rulemaking](/usc/5/562.md?p=11) committee to represent such [interests](/usc/5/562.md?p=5) with respect to the proposed rule.
- (b) **Membership.—** The [agency](/usc/5/551.md?p=1) shall limit membership on a [negotiated rulemaking](/usc/5/562.md?p=6) committee to 25 [members](/usc/5/5531.md?p=1), unless the [agency](/usc/5/551.md?p=1) head determines that a greater number of [members](/usc/5/5531.md?p=1) is necessary for the functioning of the committee or to achieve balanced membership. Each committee shall include at least one [person](/usc/5/551.md?p=2) representing the [agency](/usc/5/551.md?p=1).
- (c) **Administrative Support.—** The [agency](/usc/5/551.md?p=1) shall provide appropriate administrative support to the [negotiated rulemaking](/usc/5/562.md?p=6) committee, including technical assistance.

## Footnotes

[^1]: So in original. Probably should be “negotiated”.

## 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.)

## Notes

### Editorial Notes

### Amendments

2022—Subsec. (a)(1). Pub. L. 117–286 substituted “chapter 10 of this title” for “the Federal Advisory Committee Act”.

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”.