§10248 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Allows the Negotiator to hire officers and staff and set their duties, and to hire outside experts under 5 U.S.C. 3109 at pay no higher than the GS‑18 rate in 5 U.S.C. 5332. The Negotiator can make rules, use other federal agencies’ people and facilities with their permission, make contracts or agreements when funds are provided, accept unpaid volunteers despite 31 U.S.C. 1342, create an official seal courts must accept, use the mail like other agencies, hold hearings to gather public views, and appoint advisory committees under chapter 10 of title 5.

Title 42, §10248

The Public Health and Welfare — Source: USLM XML via OLRC

In carrying out his functions under this subchapter, the Negotiator may—

(1)appoint such officers and employees as he determines to be necessary and prescribe their duties;

(2)obtain services as authorized by section 3109 of title 5, at rates not to exceed the rate prescribed for grade GS–18 of the General Schedule by section 5332 of title 5;

(3)promulgate such rules and regulations as may be necessary to carry out such functions;

(4)utilize the services, personnel, and facilities of other Federal agencies (subject to the consent of the head of any such agency);

(5)for purposes of performing administrative functions under this subchapter, and to the extent funds are appropriated, enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary and on such terms as the Negotiator determines to be appropriate, with any agency or instrumentality of the United States, or with any public or private person or entity;

(6)accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31;

(7)adopt an official seal, which shall be judicially noticed;

(8)use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States;

(9)hold such hearings as are necessary to determine the views of interested parties and the general public; and

(10)appoint advisory committees under chapter 10 of title 5.

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 100–202 and Pub. L. 100–203 added identical sections.

Amendments

2022—Par. (10). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).”

Statutory Notes and Related Subsidiaries

References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§10248 Administrative Powers of Negotiator