5 U.S.C. § 562 — Definitions

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- making 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 rule- making through the use of a negotiated rule- making 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 sec- tion 551(3) of this title; (9) ‘‘person’’ has the same meaning as in sec- tion 551(2) of this title; (10) ‘‘rule’’ has the same meaning as in sec- tion 551(4) of this title; and (11) ‘‘rulemaking’’ means ‘‘rule making’’ as that term is defined in section 551(5) of this title. (Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4970, § 582; renumbered § 562, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944; amended Pub. L. 117–286, § 4(a)(5), Dec. 27, 2022, 136 Stat. 4305.) 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. § 563. Determination of need for negotiated rule- making committee (a) DETERMINATION OF NEED BY THE AGENCY.— An agency may establish a negotiated rule- making committee to negotiate and develop a proposed rule, if the head of the agency deter- mines that the use of the negotiated rulemaking procedure is in the public interest. In making such a determination, the head of the agency shall consider whether— (1) there is a need for a rule; (2) there are a limited number of identifiable interests that will be significantly affected by the rule; (3) there is a reasonable likelihood that a committee can be convened with a balanced representation of persons who— (A) can adequately represent the interests identified under paragraph (2); and (B) are willing to negotiate in good faith to reach a consensus on the proposed rule; (4) there is a reasonable likelihood that a committee will reach a consensus on the pro- posed rule within a fixed period of time; (5) the negotiated rulemaking procedure will not unreasonably delay the notice of proposed rulemaking and the issuance of the final rule; (6) the agency has adequate resources and is willing to commit such resources, including technical assistance, to the committee; and (7) the agency, to the maximum extent pos- sible consistent with the legal obligations of the agency, will use the consensus of the com- mittee with respect to the proposed rule as the basis for the rule proposed by the agency for notice and comment. (b) USE OF CONVENERS.— (1) PURPOSES OF CONVENERS.—An agency may use the services of a convener to assist the agency in— (A) identifying persons who will be signifi- cantly affected by a proposed rule, including residents of rural areas; and (B) conducting discussions with such per- sons to identify the issues of concern to such persons, and to ascertain whether the estab- lishment of a negotiated rulemaking com- mittee is feasible and appropriate in the par- ticular rulemaking. (2) DUTIES OF CONVENERS.—The convener shall report findings and may make rec- ommendations to the agency. Upon request of the agency, the convener shall ascertain the names of persons who are willing and qualified to represent interests that will be signifi- cantly affected by the proposed rule, including residents of rural areas. The report and any recommendations of the convener shall be made available to the public upon request. (Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4970, § 583; renumbered § 563, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944.)