Laws: Cases and Codes : U.S. Code : Title 5 : Section 568


   
U.S. Code as of: 01/03/05
Section 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.



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