PRIA, Government Policy, Made Personal

Summary

An agency may hire or contract a person or group to act as a convener or facilitator for a negotiated rulemaking committee, or use a government employee. The agency must check whether a candidate has money ties or other interests that would stop them from being fair. The agency may also use services and facilities from other federal, public, or private groups if those groups agree, and may pay them or accept free help even if another law might limit that. The Federal Mediation and Conciliation Service can help too, with or without payment, by providing conveners, facilitators, and training. Members normally cover their own costs. An agency may, under section 1006(d), pay reasonable travel and per diem, technical-assistance costs, and fair pay if the member says they lack enough money to take part and the agency decides that member is needed to represent an interest. Receiving money under this section or section 569 does not by itself make someone a federal employee for purposes of sections 202–209 of title 18.

Title 5, §568

Government Organization and Employees, Source: USLM XML via OLRC

(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 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)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.

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