(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.
