§568 Services, facilities, and payment of committee member expenses

Summary

A federal agency can hire or contract with a person or group to act as the convener or facilitator for a negotiated rulemaking committee, or use a government employee for that role. The agency must check whether a candidate has any money or other ties that would stop them from being fair and independent. An agency can also use the people, services, and buildings of other federal, public, or private groups if those groups agree, and it can pay them or not. The Federal Mediation and Conciliation Service can help too, including providing conveners, facilitators, and training, with or without payment. It may accept unpaid help even if section 1342 of title 31 would normally apply. Committee members usually pay their own way. But under section 1006(d), an agency can pay a member’s reasonable travel and per diem, costs for technical help, and a reasonable rate of pay if the member certifies they don’t have enough money to take part and the agency decides that member’s presence is needed to fairly represent their interest. Getting money under this rule or under section 569 does not by itself prove the person is a U.S. Government employee for purposes of sections 202–209 of title 18.