---
kind: "section"
citation: "5 U.S.C. § 568"
title: "5"
title_heading: "Government Organization and Employees"
number: "568"
heading: "Services, facilities, and payment of committee member expenses"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/568"
units:
  - "Part I — The Agencies Generally"
  - "Chapter 5 — Administrative Procedure"
  - "Subchapter III — Negotiated Rulemaking Procedure"
---

# §568. Services, facilities, and payment of committee member expenses

- (a) **Services of Conveners and Facilitators.—**
  - (1) **In general.—** An [agency](/usc/5/551.md?p=1) may employ or enter into contracts for the services of an individual or organization to serve as a [convener](/usc/5/562.md?p=3) or [facilitator](/usc/5/562.md?p=4) for a [negotiated rulemaking](/usc/5/562.md?p=6) committee under this subchapter, or may use the services of a Government employee to act as a [convener](/usc/5/562.md?p=3) or a [facilitator](/usc/5/562.md?p=4) for such a committee.
  - (2) **Determination of conflicting interests.—** An [agency](/usc/5/551.md?p=1) shall determine whether a [person](/usc/5/551.md?p=2) under consideration to serve as [convener](/usc/5/562.md?p=3) or [facilitator](/usc/5/562.md?p=4) of a committee under [paragraph (1)](#a-1) has any financial or other [interest](/usc/5/562.md?p=5) that would preclude such [person](/usc/5/551.md?p=2) from serving in an impartial and independent manner.
- (b) **Services and Facilities of Other Entities.—** For purposes of this subchapter, an [agency](/usc/5/551.md?p=1) may use the services and facilities of other [Federal agencies](/usc/5/401.md?p=2) and public and private [agencies](/usc/5/551.md?p=1) and instrumentalities with the consent of such [agencies](/usc/5/551.md?p=1) and instrumentalities, and with or without reimbursement to such [agencies](/usc/5/551.md?p=1) and instrumentalities, and may accept voluntary and uncompensated services without regard to the provisions of [section 1342 of title 31](/usc/31/1342.md). The Federal Mediation and Conciliation Service may provide services and facilities, with or without reimbursement, to assist [agencies](/usc/5/551.md?p=1) under this subchapter, including furnishing [conveners](/usc/5/562.md?p=3), [facilitators](/usc/5/562.md?p=4), and training in [negotiated rulemaking](/usc/5/562.md?p=6).
- (c) **Expenses of Committee Members.—** [Members](/usc/5/5531.md?p=1) of a [negotiated rulemaking](/usc/5/562.md?p=6) committee shall be responsible for their own expenses of participation in such committee, except that an [agency](/usc/5/551.md?p=1) may, in accordance with [section 1006(d) of this title](/usc/5/1006.md?p=d), pay for a [member](/usc/5/5531.md?p=1)’s reasonable travel and per diem expenses, expenses to obtain technical assistance, and a reasonable rate of compensation, if—
  - (1) such [member](/usc/5/5531.md?p=1) certifies a lack of adequate financial resources to participate in the committee; and
  - (2) the [agency](/usc/5/551.md?p=1) determines that such [member](/usc/5/5531.md?p=1)’s participation in the committee is necessary to assure an adequate representation of the [member](/usc/5/5531.md?p=1)’s [interest](/usc/5/562.md?p=5).
- (d) **Status of Member as Federal Employee.—** A [member](/usc/5/5531.md?p=1)’s receipt of funds under this section or [section 569](/usc/5/569.md) shall not conclusively determine for purposes of sections [202](/usc/18/202.md) through [209](/usc/18/209.md) of title 18 whether that [member](/usc/5/5531.md?p=1) is an employee of the United States Government.

## Source credit

(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4974, § 588; renumbered § 568 and amended Pub. L. 102–354, § 3(a)(2), (4), Aug. 26, 1992, 106 Stat. 944; Pub. L. 117–286, § 4(a)(9), Dec. 27, 2022, 136 Stat. 4306.)

## Notes

### 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”.