§562 — Title 5 Government Organization and Employees | U.S. Code

Summary

Defines key words used in this subchapter. Agency means the same as in section 551(1). Consensus normally means unanimous agreement among the interests on a negotiated rulemaking committee unless the committee picks a different definition. A convener is a neutral person who helps an agency decide whether to form a committee; a facilitator is a neutral person who helps the committee negotiate. Interest means a group with similar views or likely effects. Negotiated rulemaking means using a negotiated rulemaking committee, and the committee is an advisory group set up under this subchapter and chapter 10 to reach consensus on a proposed rule. Party, person, rule, and rulemaking mean what sections 551(3), 551(2), 551(4), and 551(5) say.

Title 5, §562

Government Organization and Employees — Source: USLM XML via OLRC

For the purposes of this subchapter, the term—

(1)“agency” has the same meaning as in section 551(1) of this title;

(2)“consensus” means unanimous concurrence among the interests represented on a negotiated rulemaking committee established under this subchapter, unless such committee—

(A)agrees to define such term to mean a general but not unanimous concurrence; or

(B)agrees upon another specified definition;

(3)“convener” means a person who impartially assists an agency in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate in a particular rulemaking;

(4)“facilitator” means a person who impartially aids in the discussions and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule;

(5)“interest” means, with respect to an issue or matter, multiple parties which have a similar point of view or which are likely to be affected in a similar manner;

(6)“negotiated rulemaking” means rulemaking through the use of a negotiated rulemaking committee;

(7)“negotiated rulemaking committee” or “committee” means an advisory committee established by an agency in accordance with this subchapter and chapter 10 of this title to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule;

(8)“party” has the same meaning as in section 551(3) of this title;

(9)“person” has the same meaning as in section 551(2) of this title;

(10)“rule” has the same meaning as in section 551(4) of this title; and

(11)“rulemaking” means “rule making” as that term is defined in section 551(5) of this title.

Editorial Notes

Amendments

2022—Par. (7). Pub. L. 117–286 substituted “chapter 10 of this title” for “the Federal Advisory Committee Act”. 1992—Pub. L. 102–354 renumbered section 582 of this title as this section.

§562 Definitions

Summary

Title 5, §562

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata