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5 U.S.C. § 562 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter, the term—
(1) “agency” has the same meaning as in [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/3&num=0&edition=prelim);
(9) “person” has the same meaning as in [section 551(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/2&num=0&edition=prelim);
(
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Source location: Title 5, Chapter 5, § 562; chapter-005-administrative-procedure.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/3&num=0&edition=prelim);
(9) “person” has the same meaning as in [section 551(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/2&num=0&edition=prelim);
(10) “rule” has the same meaning as in [section 551(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/4&num=0&edition=prelim); and
(11) “rulemaking” means “rule making” as that term is defined in [section 551(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/5&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2744, § 592; renumbered § 582, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944, related to compilation of data on use of alternative means of dispute resolution in conducting agency proceedings.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 582
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary may issue, in accordance with subsections (b) through (d) and subject to [section 6311(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6311/e&num=0&edition=prelim), such regulations as are necessary to reasonably ensure that there is compliance with this subchapter.
**(b) Negotiated rulemaking process**
(1) **In general** — Before publishing in the Federal Register proposed regulations to carry out this subchapter, the Secretary shall obtain the advice and recommendations of representatives of Federal, State, and local administrators, parents, teachers, principals, other school leaders (including charter school leaders), paraprofessionals, and members of local school boards and other organizations involved with the implementation and operation of programs under this subchapter.
(2) **Meetings and electronic exchange** — Such advice and recommendations may be obtained through such mechanisms as regional meetings and electronic exchanges of information. Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders.
(3) **Proposed regulations** — After obtaining such advice and recommendations, and before publishing proposed regulations, the Secretary shall—
(A) establish a negotiated rulemaking process on, at a minimum, standards, assessments under [section 6311(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6311/b/2&num=0&edition=prelim), and the requirement under [section 6321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6321&num=0&edition=prelim) that funds under part A be used to supplem
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6577, 6578
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Federal law — U.S. Code and appendices · legal_authorities
Page 154
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 562
ing 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 nego-
tiated rulemaking committees under the laws estab-
lishing such agencies and their activities and under
chapter 10 of title 5, United States Code. Several
agencies have successfully used negotiated rule-
making. The process has not been widely used by
other agencies, however, in part because such agen-
cies are unfamiliar with the process or uncertain as
to the authority for such rulemaking.’’
AUTHORIZATION OF APPROPRIATIONS
Pub. L. 101–648, § 4, Nov. 29, 1990, 104 Stat. 4976, as
amended by Pub. L. 102–354, § 5(a)(1), Aug. 26, 1992, 106
Stat. 945, authorized additional appropriations to Ad-
ministrative Conference of the United States to carry
out Pub. L. 101–648 in fiscal years 1991, 1992, and 1993.
§ 562. Definitions
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 concur-
rence among the interests represented on a ne-
gotiated rulemaking committee established
under this subchapter, unless such com-
mittee—
(A) agrees to define such term to mean a
general but not unanimous concurrence; or
(B) agrees upon another specified defini-
tion;
(3) ‘‘convener’’ means a person who impar-
tially assists an agency in determining wheth-
er establishment of a negotiated rulemaking
committee is feasible and appropriate in a par-
ticular rulemaking;
(4) ‘‘facilitator’’ means a person who impar-
tially aids in the discussions and negotiations
among the members of a negotiated rule
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 562
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