§ 7.50    Using Definitions

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Every ordinary word in the English language is already defined in a general dictionary. Every term of art is already defined in a specialized dictionary.

However, a definition can help make the draft simple, ordinary, brief, consistent, and readable. A definition, in other words, is a device to better arrange and organize your draft.

Use a definition to narrow meaning. If a term you want to use has several meanings and you want to be clear which meaning applies in your bill, specify what the term "means." The usual formula is, "The term 'person' means a natural person."

Use a definition to broaden meaning. If a term you want to use has one general meaning and you want the term to cover a little bit more than the general meaning, specify what the term "includes." The usual formula is, "The term 'State' includes the District of Columbia." This is sometimes known as a "partial definition" because the definition does not provide the entire meaning, but only one part of the meaning.

Those two formulas will cover almost all the definitions you ever need to draft. In rare cases it works best to use both together ("The term 'X' means Y and includes Z"), or to use some other variant, such as "does not include."

Whether you use a definition to narrow or broaden meaning, the underlying reason to use the definition is, again, to help you arrange and organize the draft. When used properly, a definition saves you from stating a complicated concept over and over; it allows you to package the concept in a simple term and use that term repeatedly. This can be called a shorthand definition because the defined term is simply a shorthand way of using a longer expression.

Do not put a substantive rule in a definition. A definition should be a stipulation, not a command or a rule of discretion. Do not say, for example, "The term 'X' means X and, if the Secretary so determines, includes Y."

Make note of terms already defined in your draft or in law. Many definitions that apply to all federal law are in chapter 1 of title 1, United States Code; the definition of "fiscal year" is in section 1102 of title 31, United States Code. Some titles of the Code have definitions that apply throughout that title.

The United States Code contains a list of all the definitions used anywhere in the Code. If you know where to look, the list is easy to find; if you don't know where to look, you likely won't find it. (Turn to the index to the Code and look under the index entry for "DEFINITIONS," in the volume that contains the entries beginning with the letter D.)

You can borrow a definition from elsewhere: "The term 'Secretary concerned' has the meaning given that term in section 101 of title 10, United States Code." Before you link your term to a term defined elsewhere, ponder what would happen to your term if the definition used elsewhere were later amended. Most likely, the later amendment would have a ripple effect on your term as well. (But see § 9.61, "Incorporating Other Laws by Reference.") Does that serve the policy? You may be better off cutting-and-pasting a definition from elsewhere than simply incorporating it by reference.

Do not define a term to mean something it does not ordinarily mean. Do not, for example, define "dog" to include "cat"--it is at best confusing and at worst unethical. Henry Thring described an 1872 law that, bizarrely, defined the term "new building" to mean "any building pulled or burnt down to or within ten feet from the surface of the adjoining ground." Henry Thring, Practical Legislation 3 (1902).

A definition does not have to be placed in a separate section for definitions. The general principle is that a definition should be placed where it is of most use to the reader. Terms that are used throughout the bill should generally be placed in a section of definitions; terms that are used only in one section should generally be placed in that section.

Always remember to specify the scope of the definition. The phrase "In this section" (or title, or act, or other unit) is short and sweet, but some drafters use "For the purposes of this section," or some other formula.

In a list of definitions, the convention is to include the lead-in words "The term"; thus:

In this Act:
    (1) The term "canine" means dog.
    (2) The term "State" includes the District of Columbia.

While the words "The term" seem to be surplusage (and, being idle, should be cast out), they actually do have a job to do: They help avoid confusion about whether a term is to be capitalized. In the example above, it is clear that the defined terms are State (first letter capitalized) and canine (first letter not capitalized). Without the lead-in words, the first letter of canine would need to be capitalized, and it becomes unclear whether the defined terms are Canine and State or canine and state or something else.

Using the lead-in words also lets you more cleanly use an expression like "except that such term does not include . . . ."

In some cases it makes sense to create a shorthand definition using a parenthetical phrase after the longer expression is first used: For example, "The Secretary of Energy (in this section referred to as the 'Secretary') shall . . . ." This works best when the definition occurs in a prominent place and the bill is short. You want the reader to be able to find the definition and refer back to it easily.

Similarly, if a term has a special meaning, it may make sense to call the reader's attention to that fact with a cross-reference to the definition: For example, "For each unit of local government (as defined in section ___), the Secretary shall . . . ."

There is no consensus about whether a section of definitions should go toward the beginning of a bill or toward the end. The Offices of Legislative Counsel are split--the Senate office favors the former, the House office the latter. Both offices agree that definitions should be placed where they are of most use to the reader, but they disagree over where that is.

Perhaps the best approach is to follow the general principle for organizing and arranging: Put the most important parts at the beginning, the least important parts toward the end. If the definitions are very important to the bill, put them at the beginning; if not, put them at the end. (Above all, though, don't put them in the middle--no reader expects them there.) Ultimately, the House position seems more compelling. If a definition is so important that it belongs at the beginning, it probably is doing too much work. The major message of your bill should be presented in major substantive provisions, not in definitions.

The length of your section of definitions is a factor, too. To go at the beginning, the definitions should be important and the section should be short. A reader should not have to turn through pages of definitions to get to the main message. A section of definitions is more or less analogous to a glossary, and in any other form of writing the glossary typically goes at the end.