5 U.S.C. § 568 : Government Organization And Employees — Administrative Procedure — Negotiated Rulemaking Procedure — The Agencies Generally — Services, Facilities, And Payment Of Committee Member Expenses

  • Date:

(a) Services of Conveners and Facilitators.—


(1) In general.— An agency may employ or enter into contracts for the services of an individual or organization to serve as a convener or facilitator for a negotiated rulemaking committee under this subchapter, or may use the services of a Government employee to act as a convener or a facilitator for such a committee.


(2) Determination of conflicting interests.— An agency shall determine whether a person under consideration to serve as convener or facilitator of a committee under paragraph (1) has any financial or other interest that would preclude such person from serving in an impartial and independent manner.


(b) Services and Facilities of Other Entities.— For purposes of this subchapter, an agency may use the services and facilities of other Federal agencies and public and private agencies and instrumentalities with the consent of such agencies and instrumentalities, and with or without reimbursement to such agencies and instrumentalities, and may accept voluntary and uncompensated services without regard to the provisions of section 1342 of title 31. The Federal Mediation and Conciliation Service may provide services and facilities, with or without reimbursement, to assist agencies under this subchapter, including furnishing conveners, facilitators, and training in negotiated rulemaking.

(c) Expenses of Committee Members.—
Members of a negotiated rulemaking committee shall be responsible for their own expenses of participation in such committee, except that an agency may, in accordance with section 7(d) of the Federal Advisory Committee Act, pay for a member’s reasonable travel and per diem expenses, expenses to obtain technical assistance, and a reasonable rate of compensation, if—

(1) such member certifies a lack of adequate financial resources to participate in the committee; and

(2) the agency determines that such member’s participation in the committee is necessary to assure an adequate representation of the member’s interest.


(d) Status of Member as Federal Employee.— A member’s receipt of funds under this section or section 569 shall not conclusively determine for purposes of sections 202 through 209 of title 18 whether that member is an employee of the United States Government.
(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4974, § 588; renumbered § 568 and amended Pub. L. 102–354, § 3(a)(2), (4), Aug. 26, 1992, 106 Stat. 944.)


References in Text

Section 7(d) of the Federal Advisory Committee Act, referred to in subsec. (c), is section 7(d) of Pub. L. 92–463, which is set out in the Appendix to this title.


Amendments

1992—Pub. L. 102–354, § 3(a)(2), renumbered section 588 of this title as this section.

Subsec. (d). Pub. L. 102–354, § 3(a)(4), substituted “section 569” for “section 589”.

SECTIONS