§568 — Title 5 Government Organization and Employees | U.S. Code

Summary

Agencies may hire or contract with a person or group to convene or help run a negotiated rulemaking committee, or they can use a Government employee for that role. Before picking someone to lead or facilitate, the agency must check whether that person has any financial or other interest that would keep them from being fair and independent. Agencies can also use the services and buildings of other federal, public, or private groups if those groups agree, and they can pay them or not. The Federal Mediation and Conciliation Service can help too, by supplying conveners, facilitators, and training, with or without payment. Committee members usually pay their own costs. But under section 1006(d) of this title, an agency may pay a member’s reasonable travel and per diem, costs for technical help, and a reasonable rate of pay if the member certifies they lack adequate money to participate and the agency decides the member is needed to properly 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.

Title 5, §568

Government Organization and Employees — Source: USLM XML via OLRC

(a)(1)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)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)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)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—

(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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (c). Pub. L. 117–286 substituted “section 1006(d) of this title,” for “section 7(d) of the Federal Advisory Committee Act,” in introductory provisions. 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”.

§568 Services, Facilities, and Payment of Committee Member Expenses

Summary

Title 5, §568

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata