Notice2024-29291
Statement of Organization, Functions, and Delegations of Authority
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 12, 2024
Issuing agencies
Health and Human Services Department
Abstract
This document revises and restates the Statement of Organization, Functions, and Delegations of Authority for the Department of Health and Human Services, Office of the General Counsel (OGC). Issuance of this Statement of Organization rescinds all prior Statements of Organization.
Full Text
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<title>Federal Register, Volume 89 Issue 239 (Thursday, December 12, 2024)</title>
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[Federal Register Volume 89, Number 239 (Thursday, December 12, 2024)]
[Notices]
[Pages 100512-100516]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29291]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
Statement of Organization, Functions, and Delegations of
Authority
AGENCY: Office of the General Counsel, Office of the Secretary, HHS.
ACTION: Notice.
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SUMMARY: This document revises and restates the Statement of
Organization, Functions, and Delegations of Authority for the
Department of Health and Human Services, Office of the General Counsel
(OGC). Issuance of this Statement of Organization rescinds all prior
Statements of Organization.
FOR FURTHER INFORMATION CONTACT: Rachel Park, Principal Deputy General
Counsel, Office of the General Counsel, Office of the Secretary, 200
[[Page 100513]]
Independence Avenue SW, Washington, DC 20201. (202) 690-7741
SUPPLEMENTARY INFORMATION: The Office of the Secretary (OS) Statement
of Organization, Functions, and Delegations of Authority for the
Department of Health and Human Services, Office of the General Counsel
(OGC), should now read as follows:
Section I. Mission
The General Counsel is responsible for providing all legal services
and advice to the Secretary, Deputy Secretary, and all subordinate
organizational components of the Department. Under direction of the
General Counsel, the Office of the General Counsel (OGC) serves as the
sole officially designated source of legal advice and services to the
Department's operating and staff divisions (except the OIG) to ensure
that all the operating and staff divisions receive uniform advice. The
Office of the Inspector General (OIG) is authorized to have its own
Office of the Counsel to the Inspector General (OCIG). 62 FR 30859
(June 5, 1997).
Section II. Organization and Leadership
The Office of the General Counsel (OGC), under the supervision of a
General Counsel, consists of:
1. Immediate Office
2. Divisions
3. Regional Offices
Subsection A. The Immediate Office of the General Counsel
1. The Immediate Office of the General Counsel.
The Immediate Office of the General Counsel consists of the General
Counsel, their executive assistant(s), a Principal Deputy General
Counsel, such other Deputy General Counsel as the Secretary deems
appropriate and appoints, such other Special Assistant Deputy General
Counsel, Senior Counsel, Senior Advisors and attorneys and staff as the
General Counsel deems appropriate, and the Office of Legal Resources
(OLR).
a. The General Counsel. The General Counsel is the chief legal
officer of the Department and is directly responsible to the Secretary.
b. Principal Deputy General Counsel. The career Principal Deputy
General Counsel is the second-ranking legal officer of the Department
and is directly responsible to the General Counsel and the Secretary.
The career Principal Deputy General Counsel is the ``first assistant''
to the General Counsel within the meaning of the Vacancies Reform Act
of 1998, 5 U.S.C. 3345 et seq.
c. Deputy General Counsels. The Deputy General Counsels report to
the General Counsel and each shall be responsible for overseeing such
substantive legal areas and corresponding OGC portfolios as designated
by the General Counsel.
i. Career Deputy General Counsel. One or more career Deputy General
Counsels may be appointed to the Immediate Office. Career Deputy
General Counsels (including the career Principal Deputy General
Counsel) will generally be responsible for OGC management and
operations, oversight of OLR, and such litigation, substantive, or
programmatic portfolios and other duties as determined by the General
Counsel. For performance evaluation purposes, a career deputy will
serve as the rating official for all Associate General Counsels, Chief
Counsels, the OLR Director, and any career Senior Counsel or Senior
Advisor.
ii. Non-Career Deputy General Counsel. One or more non-career
Deputy General Counsels may be appointed to the Immediate Office. Each
non-career Deputy shall report to the General Counsel and shall be
assigned oversight of one or more portfolios within the Office of the
General Counsel.
iii. Special Assistant Deputy General Counsel. The General Counsel
may designate one or more attorneys to act as a special assistant and
to carry the title Special Assistant Deputy General Counsel. Any
Special Assistant Deputy General Counsel shall report directly to the
General Counsel or to such Deputy General Counsel as the General
Counsel may designate.
d. Senior Counsel, Special Counsel, or Senior Advisor to the
General Counsel: Senior Counsels, Special Counsels, or Senior Advisors
to the General Counsel perform such duties as may be assigned to them
by the General Counsel, Principal Deputy General Counsel, or Deputy
General Counsel.
2. Order of Succession.
a. General Counsel Vacancy. In the event of a ``vacancy'' in the
position of General Counsel as a result of death, resignation, or an
inability to perform the functions and duties of the office, the
Principal Deputy General Counsel shall act in the General Counsel's
stead, or serve as the Acting General Counsel as dictated by the
Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq. unless the
President designates another Acting General Counsel pursuant to the
Act.
b. Principal Deputy General Counsel Vacancy. In the event of
vacancies in offices of both the General Counsel and the Principal
Deputy General Counsel, the non-career Deputy General Counsel with the
greatest seniority in that position shall perform the functions of or
serve as the Acting General Counsel as dictated by the Vacancies Reform
Act of 1998, unless the President designates another Acting General
Counsel pursuant to the Act. In the event that vacancies extend to or
include all non-career deputies, then the career Deputy General Counsel
with the greatest seniority in that position shall act in or serve as
the Acting General Counsel as dictated by the Vacancies Reform Act of
1998.
3. The Office of Legal Resources, Immediate Office of the General
Counsel
The Office of Legal Resources shall be headed by a Director, who is
responsible for providing personnel, budget, correspondence, and
information technology support to the Office of the General Counsel as
well as providing legal information law services through the Law
Library. The Director shall report to the career Deputy General Counsel
responsible for OGC management and operations. The Office of Legal
Resources includes six branches, each headed by a Director or Manager:
a. Budget
b. Correspondence
c. Human Capital Services
d. Information Technology
e. Legal Information
f. Procurement, Policy and Planning
Subsection B. Divisions
Each OGC Division is under the general supervision of the General
Counsel. Each OGC office head reports directly to the designated Deputy
General Counsel on substantive legal matters, litigation strategy, and
other matters as directed by the General Counsel. There are ten
divisions in the Office of the General Counsel:
1. The Advanced Research Projects Agency for Health (ARPA-H)
Division shall be headed by a Chief Counsel/Associate General Counsel,
who reports to the General Counsel through a designated Deputy General
Counsel.
2. The Centers for Medicare & Medicaid Services Division (CMSD)
shall be headed by an Associate General Counsel, who reports to the
General Counsel through a designated Deputy General Counsel. The
Division consists of three groups each headed by a Deputy Associate
General Counsel reporting to the Associate General Counsel:
a. Litigation Group
b. Program Review Group
c. Program Integrity Group
The Associate General Counsel may designate supervisory attorneys
to report to the Deputy Associate General Counsels as appropriate.
[[Page 100514]]
3. The Children, Families, and Aging Division (CFAD) shall be
headed by an Associate General Counsel, who reports to the General
Counsel through a designated Deputy General Counsel. CFAD also includes
a Deputy Associate General Counsel, who reports to the Associate
General Counsel. The Associate General Counsel may designate
supervisory attorneys to report to the Deputy Associate General Counsel
as appropriate.
4. The Civil Rights and Health Privacy Division (CRD) shall be
headed by an Associate General Counsel, who reports to the General
Counsel through a designated Deputy General Counsel. The Division
consists of two groups, each headed by a Deputy Associate General
Counsel who reports to the Associate General Counsel:
a. Civil Rights Team
b. Health Privacy Team
5. The Ethics Division (ETH) shall be headed by an Associate
General Counsel, who reports to the General Counsel through a
designated Deputy General Counsel. The Division consists of two
branches, each headed by a Deputy Associate General Counsel reporting
to the Associate General Counsel:
a. Ethics Advice and Policy Branch
b. Ethics Program Administration Branch
The Associate General Counsel and Deputy Associate General Counsel
for Ethics Advice and Policy simultaneously serve by secretarial
delegation as the Department's Designated Agency Ethics Official and
Alternate Designated Agency Ethics Official, respectively.
6. The Food and Drug Division (FDD) shall be headed by a Chief
Counsel who shall be either a Deputy General Counsel or an Associate
General Counsel. In the event that the Chief Counsel is an Associate
General Counsel, they shall report to the General Counsel through a
designated Deputy General Counsel. In the event that the Chief Counsel
is a Deputy General Counsel, the Associate General Counsel shall report
to the Chief Counsel. The Division consists of two branches, each of
which is headed by one or more Deputy Associate General Counsels who
report to the Associate General Counsel:
a. Litigation Branch
b. Program Review Branch
7. The General Law Division (GLD) shall be headed by an Associate
General Counsel, who reports to the General Counsel through a
designated Deputy General Counsel. The Division consists of two
branches, each headed by a Deputy Associate General Counsel reporting
to the Associate General Counsel, as well as Assistant Deputy Associate
General Counsels selected by the Associate General Counsel to provide
oversight and supervision of Sections within the Division:
a. Claims and Employment Law Branch
b. Procurement, Fiscal, and Information Law Branch
8. The Legislation Division (GCL) shall be headed by an Associate
General Counsel, who reports to the General Counsel through a
designated Deputy General Counsel.
9. The Public Health Division (Ph.D.) shall be headed by an
Associate General Counsel, who reports to the General Counsel through a
designated Deputy General Counsel. The Division consists of four
branches, each of which is headed by a Deputy Associate General Counsel
reporting to the Associate General Counsel:
a. Indian Health Service (IHS) Branch
b. Centers for Disease Control and Prevention Branch
c. National Institutes of Health Branch
d. Public Health and Science Branch
10. The National Complex Litigation and Investigations Division
(NCLID) shall be headed by an Associate General Counsel, who reports to
the General Counsel through a designated Deputy General Counsel. The
Division shall also have a designated Deputy Associate General Counsel
for E-Discovery, who reports to the Associate General Counsel.
Subsection C. Regional Offices
Each OGC Regional Office is under the general supervision of the
General Counsel. Each OGC office head reports directly to the
designated Deputy General Counsel on substantive legal matters,
litigation strategy, and other matters as directed by the General
Counsel. There are ten OGC regional offices in the ten HHS Regional
Offices:
1. OGC Region 1--Boston shall be headed by a Chief Counsel, who
reports to the General Counsel through a designated Deputy General
Counsel.
2. OGC Region 2--New York City shall be headed by a Chief Counsel,
who reports to the General Counsel through a designated Deputy General
Counsel. The office has a Deputy Chief Counsel, who reports to the
Chief Counsel.
3. OGC Region 3--Philadelphia shall be headed by a Chief Counsel,
who reports to the General Counsel through a designated Deputy General
Counsel. The office has a Deputy Chief Counsel, who reports to the
Chief Counsel.
4. OGC Region 4--Atlanta shall be headed by a Chief Counsel, who
reports to the General Counsel through a designated Deputy General
Counsel. The office consists of two branches, each of which is headed
by a Deputy Chief Counsel reporting to the Chief Counsel:
a. HHR Branch (Administration for Children and Families (ACF) and
Centers for Medicare & Medicaid Services (CMS) Program Advice and
Litigation)
b. General Law Branch (Personnel and Contract Advice and Litigation
5. OGC Region 5--Chicago shall be headed by a Chief Counsel, who
reports to the General Counsel through a designated Deputy General
Counsel. The office has two Deputy Chief Counsels, each of whom reports
to the Chief Counsel and oversees legal work in those program areas
assigned to them.
6. OGC Region 6--Dallas shall be headed by a Chief Counsel, who
reports to the General Counsel through a designated Deputy General
Counsel. The office consists of two branches, each of which is headed
by a Deputy Chief Counsel who reports to the Chief Counsel:
a. HHR Branch (Advice and Litigation)
b. General Law Branch (Advice and Litigation)
7. OGC Region 7--Kansas City shall be headed by a Chief Counsel,
who reports to the General Counsel through a designated Deputy General
Counsel.
8. OGC Region 8--Denver shall be headed by a Chief Counsel, who
reports to the General Counsel through a designated Deputy General
Counsel. The office has a Deputy Chief Counsel, who reports to the
Chief Counsel.
9. OGC Region 9--San Francisco shall be headed by a Chief Counsel,
who reports to the General Counsel through a designated Deputy General
Counsel. The office consists of two branches, each of which is headed
by a Deputy Chief Counsel, who reports to the Chief Counsel:
a. Employment, IHS, Office of Civil Rights (OCR)
b. ACF, CMS, Information Requests
10. OGC Region 10--Seattle shall be headed by Chief Counsel, who
reports to the General Counsel through a designated Deputy General
Counsel. The office has a Deputy Chief Counsel, who reports to the
Chief Counsel.
Section III. Functions
Subsection A. The General Counsel and the Office of the General Counsel
1. The General Counsel. The General Counsel is authorized to
promulgate such directives and issue such legal opinions as may be
necessary to carry
[[Page 100515]]
out the responsibilities of the Office. The General Counsel, directly
or through attorneys in the Office of the General Counsel, undertakes
the following activities unless an applicable statute provides
otherwise or the General Counsel has delegated the responsibility
elsewhere:
a. Furnishes all legal services and advice to the Secretary, Deputy
Secretary, and all offices, branches, and units of the Department in
connection with the operations and administration of the Department and
its programs, unless otherwise expressly delegated by statute to
another agency or official.
b. Furnishes legal services and advice on such other matters as may
be submitted by the Secretary, the Deputy Secretary, any other senior
leaders, and other persons authorized by the Secretary to request such
service or advice.
c. Represents the Department in all litigation when such direct
representation is not precluded by law, and in other cases, supervises
the conduct of such litigation.
d. Acts as the Department's representative in communicating with
the Department of Justice, including all United States Attorneys, on
all civil and criminal matters.
e. Acts as the Department's representative in communicating with
Office of White House Counsel and the Offices of General Counsel for
any other Department or Agency.
f. Authorizes indemnification of Department employees, as
appropriate, pursuant to 45 CFR part 36.
g. Provides legal review of all proposals for Federal legislation
originating within the Department, as well as all proposed Federal
legislation submitted to the Department or to any operating division of
the Department for comment; as appropriate, prepares or reviews reports
and letters to congressional committees, the Office of Management and
Budget, and others on proposed Federal legislation; and prescribes
procedures to govern the routing and review, within the Department, of
material relating to proposed Federal legislation.
h. Supervises all legal activities of the Department and its
operating and staff divisions, except the OIG.
i. Ensures that no one in the Department, other than those in OGC
or expressly authorized by the General Counsel to do so, provides any
legal advice to anyone in the Department that implies that they are
functioning as a departmental lawyer.
Subsection B. Functions and Responsibilities of the OGC Divisions
The Divisions within OGC provide legal counsel to their clients, as
described below, subject to the professional supervision and control of
the General Counsel and the designated Deputy General Counsel.
1. The Advanced Research Projects Agency for Health (ARPA-H)
Division. The ARPA-H Division provides legal services to ARPA-H.
2. Centers for Medicare & Medicaid Services Division (CMSD). CMSD
provides legal services to the Centers for Medicare & Medicaid Services
(CMS), the Office of Medicare Hearings and Appeals (OMHA) and the
Departmental Appeals Board (DAB). CMSD also provides legal services to
the Assistant Secretary for Technology Policy and Office of the
National Coordinator for Health Information Technology (ASTP/ONC).
3. Children, Families, and Aging Division (CFAD). CFAD provides
legal services to the Administration for Children and Families and its
various agencies, including the Office of Refugee Resettlement and
Administration for Community Living. In addition, the Division advises
the Department on the 477 initiative authorized by the Indian
Employment, Training, and Related Services Demonstration Act of 2017.
4. Civil Rights and Health Privacy Division (CRD). CRD provides
legal services for the Office for Civil Rights (OCR) and provides
advice with respect to the enforcement of civil rights laws, conscience
statutes, the Health Insurance and Portability and Accountability Act
of 1996 (Social Security Act sec. 1171 et seq.), the Health Information
Technology for Economic and Clinical Health (HITECH) Act, and the rules
implementing them with respect of HHS-funded programs and activities.
CRD does not defend claims filed by HHS employees.
5. Ethics Division (ETH). ETH administers and oversees Department-
wide implementation of comprehensive government ethics program
requirements under the Ethics in Government Act of 1978 as amended,
Executive Order 12731, and implementing regulations at 5 CFR part 2638.
This includes providing legal advice, training, and policy instruction
and guidance consistent with core ethics program elements, including
conflict of interest, impartiality, financial disclosure, outside
activities, political activity, lobbying, pre-clearance ethics
agreements, gifts, and travel payments from non-Federal sources.
ETH also communicates on matters related to government ethics with
the Office of Counsel to the President, the Office of Government
Ethics, the Office of Special Counsel, the Office of the Inspector
General, Special Investigations Unit, the Department of Justice, the
Office of Personnel Management, and the General Services
Administration.
In addition, ETH develops component-specific conduct regulations
and implementing procedures.
6. Food and Drug Division (FDD). FDD acts as the legal advisor to
the Commissioner of Food and Drugs and provides legal services to the
Food and Drug Administration (FDA). This includes representing the FDA
in connection with judicial and administrative proceedings involving
programs administered by the FDA, providing legal advice and policy
guidance for programs administered by the FDA, and reviewing proposed
and final regulations and Federal Register notices prepared by FDA. FDD
acts as the Department and FDA's primary liaison to the Department of
Justice and other Federal departments for programs administered by FDA;
all criminal prosecutions, investigations, and civil matters may be
referred to the Department of Justice only through or in consultation
with the Chief Counsel.
7. General Law Division (GLD). GLD provides legal services on
business management activities and administrative operations including
procurement, contracting, personnel, budget, appropriations, Federal
real property, employment, information disclosure and privacy (but not
health information privacy) and Federal tort claims. In addition, the
Associate General Counsel for GLD acts as the Department Claims
Officer.
8. Legislation Division (GCL). GCL:
a. Drafts all proposed legislation originating in the Department,
reviews specifications for such proposed legislation, and reviews all
proposed legislation submitted to the Department or to any constituent
unit of the Department for comment.
b. Prepares or reviews reports and letters to congressional
committees, the Office of Management and Budget, and others on proposed
legislation.
c. Reviews proposed testimony of Department officials before
congressional committees relating to pending or proposed legislation.
d. Acts as Department liaison with the Office of Management and
Budget on legislative matters.
[[Page 100516]]
e. Prescribes procedures to govern the routing and review, within
the Department, of material relating to proposed Federal legislation.
9. National Complex Litigation and Investigation Division (NCLID).
NCLID provides legal services to all agencies and offices within the
Department, as directed by the General Counsel. NCLID provides legal
services in connection with complex litigation or anticipated complex
litigation by or against the Department. Such litigation may include
cases for which other OGC divisions or regional offices request NCLID
participation, cases spanning multiple OGC divisions or regional
offices, or cases outside the scope of other OGC divisions or regional
offices. NCLD administers the OGC-wide e-discovery program and
coordinates the use of e-discovery technology with agencies and offices
within the Department.
10. Public Health Division (Ph.D.). Ph.D. provides legal services
to all Public Health Service agencies (except to FDA) and their
programs, including the Office of the Surgeon General and the
Commissioned Corps of the U.S. Public Health Service. Represented
Public Health Service agencies include, but are not limited to: (i) the
Office of the Assistant Secretary for Health, and its various programs;
(ii) the Office of the Secretary's Office of Minority Health; (iii) the
Centers for Disease Control and Prevention; (iv) the National
Institutes of Health; (v) the Health Resources and Services
Administration; (vi) the Indian Health Service; (vii) the Substance
Abuse and Mental Health Services Administration; (viii) the Agency for
Healthcare Research and Quality, (ix) the Administration for Strategic
Preparedness and Response, and (x) the Agency for Toxic Substances and
Disease Registry.
Subsection C. Functions and Responsibilities of the OGC Regional
Offices
An OGC regional office is located in each of the ten HHS regions,
each of which is led by a Regional Director appointed by the Secretary.
The Chief Counsel of each Region is the Department's legal
representative in that Region. Regional offices within OGC provide a
full range of legal services, subject to the professional supervision
and direction of the General Counsel and the designated Deputy General
Counsel. This includes providing legal advice and representation in
administrative and judicial litigation regarding programs operated by
the Centers for Medicare and Medicaid Services, the Administration for
Children and Families, the Administration for Community Living, and
Public Health Service agencies including the Indian Health Service, the
Health Resources and Services Administration, the Substance Abuse and
Mental Health Services Administration, and the Centers for Disease
Control and Prevention; providing legal services to the Office for
Civil Rights, including advice and representation in administrative and
judicial litigation with respect to the enforcement of civil rights
laws and the Health Insurance and Portability and Accountability Act of
1996 (Social Security Act sec. 1171 et seq.); and providing legal
advice and representation in administrative and judicial litigation
relating to business management activities and administrative
operations, such as employment and labor relations, information
disclosure and privacy, Federal tort claims, and suspensions,
disallowances, and other recoveries of payments made under HHS
programs, of HHS components operating in their regions.
The HHS regional offices are located in the following cities and
cover all States and territories of the United States, as well as three
independent states in the Pacific.
1. OGC Region 1--Boston covers Connecticut, Maine, Massachusetts,
New Hampshire, Rhode Island, and Vermont.
2. OGC-Region 2--New York City covers New York, New Jersey, Puerto
Rico, and the Virgin Islands.
3. OGC Region 3--Philadelphia covers Delaware, Maryland,
Pennsylvania, Virginia, West Virginia, and the District of Columbia.
4. OGC Region 4--Atlanta covers Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.
5. OGC Region 5--Chicago covers Illinois, Indiana, Ohio, Michigan,
Minnesota, Wisconsin, and the Bemidji Area Office of the Indian Health
Service (IHS).
6. OGC Region 6--Dallas covers Arkansas, Louisiana, New Mexico,
Oklahoma, Texas, as well as the Albuquerque and Oklahoma City Area
Offices of the Indian Health Service (IHS).
7. OGC Region 7--Kansas City (MO) covers Iowa, Kansas, Missouri,
and Nebraska.
8. OGC Region 8--Denver covers Colorado, Montana, North Dakota,
South Dakota, Utah, Wyoming, as well as the Great Plains and Billings
Area Offices of the Indian Health Service (IHS).
9. OGC Region 9--San Francisco covers Arizona, California, Hawaii,
Nevada, Guam, American Samoa, Commonwealth of the Northern Mariana
Islands, the Federated States of Micronesia, the Republic of the
Marshall Islands, the Republic of Palau, as well as the California
Area, Navajo Area, Phoenix Area, and Tucson Area Offices of the Indian
Health Services (IHS).
10. OGC Region 10--Seattle covers Alaska, Idaho, Oregon,
Washington, as well as the Alaska Area and Portland Area Offices of the
Indian Health Services (IHS).
Xavier Becerra,
Secretary, Department of Health and Human Services.
[FR Doc. 2024-29291 Filed 12-11-24; 8:45 am]
BILLING CODE 4150-26-P
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</html>Indexed from Federal Register on December 12, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.