5 U.S.C. § 568 — Services, facilities, and payment of committee member expenses
submitted 36 years ago by Pub. L. 101-648 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 349 words · no verdicts yet
Agencies may hire conveners and facilitators and use other agencies’ services. Committee members normally pay their own expenses, but an agency may help members who lack resources when their participation is needed for fair representation.
(a) Conveners and facilitators. (1) An agency may hire or contract with a person or organization to convene or facilitate a committee, or use a Government employee. (2) The agency must determine whether the person has a financial or other interest that would prevent impartial and independent service.
(b) Other services and facilities. An agency may, with consent, use Federal, public, or private agencies’ services and facilities, with or without reimbursement, and may accept voluntary unpaid services despite section 1342 of title 31. The Federal Mediation and Conciliation Service may provide such help, including conveners, facilitators, and negotiated-rulemaking training.
(c) Member expenses. Members pay their own participation costs. An agency may, under section 1006(d), pay reasonable travel and daily expenses, technical-assistance costs, and reasonable compensation if the member certifies inadequate financial resources and the agency finds participation necessary for adequate representation.
(d) Federal-employee status. Receiving money under this section or section 569 does not conclusively decide whether a member is a United States Government employee for sections 202–209 of title 18.
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.
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.
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.
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 1006(d) of this title, pay for a member’s reasonable travel and per diem expenses, expenses to obtain technical assistance, and a reasonable rate of compensation, if—
such member certifies a lack of adequate financial resources to participate in the committee; and
the agency determines that such member’s participation in the committee is necessary to assure an adequate representation of the member’s interest.
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.
Source credit: (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; Pub. L. 117–286, § 4(a)(9), Dec. 27, 2022, 136 Stat. 4306.)
- 1990Enacted · Pub. L. 101-648 · 104 Stat. 4974
- 1992Amended · Pub. L. 102-354 · 106 Stat. 944
- 2022Amended · Pub. L. 117-286 · 136 Stat. 4306
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-648 on 1990-11-29.
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