5 U.S.C. § 562: Definitions

Summary

Defines key words used for negotiated rulemaking. "Agency" uses the usual legal meaning. "Consensus" means unanimous agreement among the interests on a negotiated rulemaking committee unless the committee chooses a different definition (for example, less than unanimous). "Convener" is a neutral person who helps an agency decide if a committee should be formed. "Facilitator" is a neutral person who helps the committee talk and negotiate. "Interest" means groups with similar views or similar effects. "Negotiated rulemaking" means making rules by such a committee. "Committee" is an advisory group set up by an agency under this part of the law to reach consensus. "Party," "person," "rule," and "rulemaking" use their standard legal meanings.

Title 5, §562

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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

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