Page:United States Statutes at Large Volume 104 Part 6.djvu/584

This page needs to be proofread.


104 STAT. 4974 PUBLIC LAW 101-648—NOV. 29, 1990 an addendum to the report additional information, recommendations, or materials. , "(g) RECORDS OF COMMITTEE. — In addition to the report required by subsection (f), a committee shall submit to the agency the records required under section 10(b) and (c) of the Federal Advisory Committee Act. "§ 587. Termination of committee "A negotiated rulemaking committee shall terminate upon promulgation of the final rule under consideration, unless the committee's charter contains an earlier termination date or the agency, after consulting the committee, or the committee itself specifies an earlier termination date. "§ 588. 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 Eissure 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 589 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.