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2026-07-06 09:52:37 -04:00

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LegalText 5 U.S.C. § 568 Services, facilities, and payment of committee member expenses us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 5 ADMINISTRATIVE PROCEDURE 568 5 U.S.C. § 568 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s568 data/legal/raw/us/code/title-05/usc05.xml 75bf9920236703fac2d1880977a74993e61baf606d94098face69f67c04eed5e 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 180ac2c55b1ddf8217fb1ab5244472a75abda68eaaea7ac924271907320dbb8d 2026-07-04 official
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5 U.S.C. § 568 - Services, facilities, and payment of committee member expenses

Text

(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 members 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 members participation in the committee is necessary to assure an adequate representation of the members interest.

(d) Status of Member as Federal Employee.— A members 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. 101648, § 3(a), Nov. 29, 1990, 104 Stat. 4974, § 588; renumbered § 568 and amended Pub. L. 102354, § 3(a)(2), (4), Aug. 26, 1992, 106 Stat. 944; Pub. L. 117286, § 4(a)(9), Dec. 27, 2022, 136 Stat. 4306.)

Notes

Editorial Notes

Amendments2022—Subsec. (c). Pub. L. 117286 substituted “section 1006(d) of this title,” for “section 7(d) of the Federal Advisory Committee Act,” in introductory provisions. 1992—Pub. L. 102354, § 3(a)(2), renumbered section 588 of this title as this section. Subsec. (d). Pub. L. 102354, § 3(a)(4), substituted “section 569” for “section 589”.