US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 561

Purpose

section 553 of this titleThe purpose of this subchapter is to establish a framework for the conduct of negotiated rulemaking, consistent with , to encourage agencies to use the process when it enhances the informal rulemaking process. Nothing in this subchapter should be construed as an attempt to limit innovation and experimentation with the negotiated rulemaking process or with other innovative rulemaking procedures otherwise authorized by law.

Pub. L. 101–648, § 3(a)104 Stat. 4970Pub. L. 102–354, § 3(a)(2)106 Stat. 944(Added , , , § 581; renumbered § 561, , , .)

Editorial Notes

Amendments

Pub. L. 102–354section 581 of this title1992— renumbered as this section.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal; Savings Provision

Pub. L. 101–648, § 5104 Stat. 4976Pub. L. 102–354, § 5(a)(2)106 Stat. 945Pub. L. 104–320, § 11(a)110 Stat. 3873, , , as amended by , , , which provided that subchapter III of chapter 5 of title 5 and the table of sections corresponding to such subchapter, were repealed, effective 6 years after , except for then pending proceedings, was repealed by , , .

Short Title of 1992 Amendment

Pub. L. 102–354, § 1106 Stat. 944

section 10 of Title 9section 173 of Title 29section 571 of this title“This Act [amending sections 565, 568, 569, 571, 577, 580, 581, and 593 of this title, , Arbitration, and , Labor, renumbering sections 571 to 576, 581 to 590, and 581 to 593 as 591 to 596, 561 to 570, and 571 to 583, respectively, of this title, and amending provisions set out as notes under this section and ] may be cited as the ‘Administrative Procedure Technical Amendments Act of 1991’.”
, , , provided that:

Short Title of 1990 Amendment

Pub. L. 101–648, § 1104 Stat. 4969

“This Act [enacting this subchapter] may be cited as the ‘Negotiated Rulemaking Act of 1990’.”
, , , provided that:

Congressional Findings

Pub. L. 101–648, § 2104 Stat. 4969Pub. L. 117–286, § 4(a)(4)136 Stat. 4305

“The Congress makes the following findings:
“(1)
section 551 of this title Government regulation has increased substantially since the enactment of the Administrative Procedure Act [see Short Title note set out preceding ].
“(2)
Agencies currently use rulemaking procedures that may discourage the affected parties from meeting and communicating with each other, and may cause parties with different interests to assume conflicting and antagonistic positions and to engage in expensive and time-consuming litigation over agency rules.
“(3)
Adversarial rulemaking deprives the affected parties and the public of the benefits of face-to-face negotiations and cooperation in developing and reaching agreement on a rule. It also deprives them of the benefits of shared information, knowledge, expertise, and technical abilities possessed by the affected parties.
“(4)
Negotiated rulemaking, in which the parties who will be significantly affected by a rule participate in the development of the rule, can provide significant advantages over adversarial rulemaking.
“(5)
Negotiated rulemaking can increase the acceptability and improve the substance of rules, making it less likely that the affected parties will resist enforcement or challenge such rules in court. It may also shorten the amount of time needed to issue final rules.
“(6)
Agencies have the authority to establish negotiated rulemaking committees under the laws establishing such agencies and their activities and under chapter 10 of title 5, United States Code. Several agencies have successfully used negotiated rulemaking. The process has not been widely used by other agencies, however, in part because such agencies are unfamiliar with the process or uncertain as to the authority for such rulemaking.”
, , , as amended by , , , provided that:

Authorization of Appropriations

Pub. L. 101–648, § 4104 Stat. 4976Pub. L. 102–354, § 5(a)(1)106 Stat. 945Pub. L. 101–648, , , as amended by , , , authorized additional appropriations to Administrative Conference of the United States to carry out in fiscal years 1991, 1992, and 1993.