
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC568]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 5--ADMINISTRATIVE PROCEDURE
 
             SUBCHAPTER III--NEGOTIATED RULEMAKING PROCEDURE
 
Sec. 568. Services, facilities, and payment of committee member 
        expenses
        
    (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, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4974, 
Sec. 588; renumbered Sec. 568 and amended Pub. L. 102-354, Sec. 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, Sec. 3(a)(2), renumbered section 588 of this 
title as this section.
    Subsec. (d). Pub. L. 102-354, Sec. 3(a)(4), substituted ``section 
569'' for ``section 589''.
