[Federal Register Volume 60, Number 194 (Friday, October 6, 1995)]
[Notices]
[Pages 52403-52405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24834]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary


Assistant Secretary for Management and Budget; Statement of 
Organization, Functions, and Delegations of Authority

    Part A (Office of the Secretary) of the Statement of Organization, 
Functions, and Delegations of Authority for the Department of Health 
and Human Services (DHHS), Chapter AH ``Office of the Assistant 
Secretary for Personnel Administration,'' as last amended at 57 FR 
7391; and Chapter AM ``Office of the Assistant Secretary for Management 
and Budget,'' as last amended at 57 FR 8334 is being amended. The 
reorganization will abolish the Office of the Assistant Secretary for 
Personnel Administration and transfer the remaining functions to the 
HHS Office of Management and Budget. It will also establish the 
Departmental Appeals Board as a component within the Office of the 
Secretary. The Specific amendments to Part A are:
    I. Make the following changes to Chapter AA ``Office of the 
Secretary,'' paragraph AA.10 Organization: Delete the Office of the 
Assistant Secretary for Personnel Administration and insert the 
Departmental Appeals Board.
    II. Under Chapter AH, beginning with paragraph Section AH.00 
Mission delete the remaining functions within the Office of the 
Assistant Secretary for Personnel Administration in its entirety.
    III. Make the following changes to Chapter AM:
    A. Section AM.00 Mission. Delete in its entirety and replace with 
the following:
    AM.00  Mission. The mission of the HHS Management and Budget Office 
is to provide advice and guidance to the Secretary on administrative, 
budget, financial management, equal employment opportunity, and 
personnel, and to provide for the direction and coordination of these 
activities throughout the Department.
    B. Section AM.10 Organization. Delete in its entirety and replace 
with the following:
    AM.10  Organization. The HHS Management and Budget Office is headed 
by the Assistant Secretary for Management and Budget (ASMB). The ASMB 
is the Departmental Chief Financial Officer (CFO), and reports to the 
Secretary. The ASMB also serves as the Director for Equal Employment 
Opportunity for the Department. The office consists of the following 
organizations:

Immediate Office (AM)
Office of Grants and Acquisition Management (AMG)
Office of Budget (AML)
Office of Information Resources Management (AMM)
Office of Finance (AMN)
Administrative Services Center (AMQ)
Office of Human Resources (AMP)

    C. Section AM.20 Functions is amended to add paragraph G, Office of 
Human Resources.
    G. Office of Human Resources (AMP) advises and supports the 
Secretary and the Assistant Secretary for Management and Budget/CFO in 
the development and assessment of human resource programs and personnel 
policies. In coordination with the Operating Divisions (OPDIVs), 
formulates HHS policies pertaining to employment, compensation, 
position classification, employee benefits, performance management, 
employee development, and employee and labor relations. On behalf of 
the Department's Director of Equal Employment Opportunity (EEO), 
adjudicates complaints of discrimination. Serves as Departmental 
liaison to central management agencies exercising jurisdiction over 
personnel and EEO matters.
    D. Establish a new Chapter AMP. The Office of Human Resources.
    AMP.00  Mission. The Office of Human Resources (OHR) Provides 
leadership in the planning and development of personnel policies and 
human resource programs that support and enhance the Department's 
mission. Provides technical assistance to the Operating Divisions 
(OPDIVs) in building the capacity to evaluate the effectiveness of 
their human resource programs and policies. Serves as the Departmental 
liaison to central management agencies on topics relating to EEO and 
personnel matters.
    AMP.10  Organization. The Office of Human Resources (OHR), headed 
by a Deputy Assistant Secretary for Human Resources who reports to the 
Assistant Secretary for Management and Budget, consists of the 
following components:
Immediate Office (AMP)
Policy Coordination Staff (AMP-1)
Personnel Programs Group (AMP-2)
Equal Employment Opportunity Programs Group (AMP-3)
    AMP.20  Function. 1. The Immediate Office of Human Resources (OHR), 
provides leadership to the development and assessment of the 
Department's human resources programs and policies. In coordination 
with the Operating Divisions, designs human resource programs that 
support and enhance the HHS missions. Provides technical assistance to 
the OPDIVs in building the capacity to evaluate the effectiveness of 
their human resource programs and policies, including the development 
of performance standards. On behalf of the Department's Director of 
Equal Employment Opportunity, adjudicates complaints of discrimination. 
Serves as Departmental liaison to central management agencies 
exercising jurisdiction over personnel and EEO matters.
    2. Policy Coordination Staff. Provides a variety of program support 
services to the components of the Office of Human Resources and to the 
OPDIVs. Coordinates the design of the evaluation capabilities and 
systems for use by the OPDIVs in determining the effectiveness of their 
personnel and EEO programs. Analyzes workforce data and trends to 
support program evaluation and strategic planning efforts, both at the 
departmental and OPDIV levels. Coordinates the development, approval, 
and dissemination of Departmental human resource policies.
    3. Personnel Programs Group. Provides leadership to the planning 
and development of personnel policies and programs that support and 
enhance the Department's mission. In coordination with the OPDIVs, 
formulates HHS policies pertaining to employment, compensation, 
position classification, 

[[Page 52404]]
employee benefits, performance management, employee development, and 
employee and labor relations. Provides technical assistance to the 
OPDIVs in the proper application of Federal personnel laws, 
regulations, and policies. Provides strategic advice to the Deputy 
Assistant Secretary for Human Resources, the Assistant Secretary for 
Management and Budget, and the Secretary on those initiatives having 
major workforce implications. Promotes and supports OPDIV capacity 
building efforts, including innovative approaches to personnel program 
management. Serves as the Department's focal point for liaison on 
personnel and labor relations issues with the Office of Personnel 
Management, the General Accounting Office, the Merit Systems Protection 
Board, and the Federal Labor Relations Authority.
    4. EEO Programs Group. Provides leadership to the planning and 
development of affirmative employment policies and programs that 
recognize and value the diversity of the Department's workforce and 
promote a workplace free of discrimination. Provides technical 
assistance and enabling tools to the OPDIVs in the design of 
innovative, effective affirmative employment programs. Keeps top HHS 
officials apprised of workforce demographics and recommends positive 
interventions as needed. Prepares, for the Director of Equal Employment 
Opportunity, final Departmental decisions on the merits of complaints 
of discrimination, and prepares proposed dispositions of complaints 
presenting conflicts of interest for OPDIV and STAFFDIV officials. 
Serves as the Department's focal point for liaison with the Office of 
Personnel Management, the Equal Employment Opportunity Commission, and 
the General Accounting Office on issues pertaining to affirmative 
employment and discrimination complaints.
    IV. Retitle Chapter AH, as the ``Departmental Appeals Board,'' to 
read as follows:
    A. Section AH.00  Mission. The Departmental Appeals Board is an 
independent office established pursuant to provisions of law, 
regulations, and Secretarial delegations to provide conflict resolution 
services through the U.S. Department of Health and Human Services. 
These services are basically of two types: (a) Adjudicatory hearings, 
appellate review of decisions of administrative law judges, 
arbitration, and similarly structured formal and informal reviews of 
contested decisions; and (b) alternative dispute resolution (ADR), 
including mediation and other consensual processes, and training 
related to ADR and conflict management.
    B. Section AH.10  Organization. The Departmental Appeals Board, 
under the leadership of the Chair, who is supervised by the Deputy 
Secretary of the Department, includes:
    A. The Immediate Office of the Departmental Appeals Board, which 
includes:
    (1) The Chair;
    (2) The Deputy Chair;
    (3) The Director of Administration;
    (4) The Director of Mediation Services;
    (5) Board Members;
    (6) Administrative Law Judges; and
    (7) Administrative Appeals Judges.
    B. The Appellate Division.
    C. The Civil Remedies Division.
    D. The Alternative Dispute Resolution Division.
    E. The Medicare Operations Division.
    C. Section AH.20  Functions. A. The Immediate Office of the 
Departmental Appeals Board assists the Chair in providing adjudicative 
and administrative services. The Chair is also a Board Member and 
provides leadership to the organizational components of the Board. The 
Chair is the appointed alternative dispute resolution specialist for 
the Department. The Deputy Chair acts for the Chair when absent and 
provides day to day management services. The Director of Administration 
assists the Chair in administrative matters and provides logistical 
support to the other organizational components of the Board. The 
Director of Mediation Services coordinates the Board's mediation and 
other alternative dispute resolution services. The Board Members hear 
and decide grant disputes and appeals, appeals from civil remedies 
cases, and other cases as assigned. The Administrative Law Judges hear 
and decide civil remedies cases, and other cases as assigned. The 
Administrative Appeals Judges hear and decide disputes relating to 
reimbursement for Medicare services, and other cases as assigned.
    B. The Appellate Division provides attorney and other staff support 
to assist in the Board's administrative review of disallowances of 
federal grant funds under Title I, IV, X, XIV, XIX and XX of the Social 
Security Act; determinations by the Administrative Law Judges in civil 
remedies cases; disapprovals of state plans and state plan amendments 
under section 1116(a)(2) of the Social Security Act; disputes involving 
direct discretionary grants, cost allocation plans and indirect cost 
rates; disputes regarding allegations of scientific misconduct by the 
Office of Research Integrity, National Institutes of Health; disputes 
regarding quality control in the Aid to Families with Dependent 
Children program; and disputes involving civil rights reviews. The 
Division is headed by a supervisory attorney who manages the Division's 
resources and advises Board Members. Attorneys in the Division research 
legal issues, review and evaluate case files, briefs and transcripts; 
conduct pre-hearing proceedings; draft decisions; provide advice and 
assistance to Board Members on the conduct of cases and decisions; and 
participate in hearings.
    C. The Civil Remedies Division provides attorney and other staff 
support to assist in the hearing and disposition of civil remedies 
cases. The civil remedies cases include (1) Sanctions by the Food and 
Drug Administration, the Health Care Financing Administration, and the 
Inspector General against persons and entities associated with 
participation as a provider in federally funded health care programs or 
as any employee, contractor, or other fiscal relationship with the 
Department; (2) contract declinations and other adverse actions by the 
Indian Health Service; and (3) termination of federal funding by the 
Office for Civil Rights. The Division is headed by a supervisory 
attorney who also assigns cases to the Administrative Law Judges. 
Attorneys and Paralegal Specialists in the Division research legal 
issues; review and evaluate case files, briefs and transcripts; assist 
in pre-hearing proceedings; draft decisions; provide advice and 
assistance to Administrative Law Judges on the conduct of cases and 
decisions; and assist at hearings.
    D. The Alternative Dispute Resolution Division provides alternative 
dispute resolution (ADR) services, including: mediation, early neutral 
evaluation, arbitration, regulatory negotiation, and facilitation. The 
Division also provides assistance in ADR systems design and training in 
a variety of substantive areas, including: conflict management, 
negotiations, interest-based bargaining, mediation, arbitration, and 
regulatory negotiation. The Division is headed by a Director of 
Mediation Services who provides overall substantive and resource 
management. Professional staff consist of attorneys and dispute 
resolution specialists who conduct ADR interventions and training.
    E. The Medicare Operations Division provides attorney, paralegal 
and other staff support to assist in review of administrative law judge 
decisions regarding entitlement to coverage, health maintenance 
organizations, 

[[Page 52405]]
inactions and claims filed by health care providers or Medicare 
beneficiaries for medical-related items or services provided or 
received for which payment or reimbursement is sought under title XVIII 
of the Social Security Act. The Division is headed by a chief who 
assigns cases and oversees the Division's operations. Paralegal 
specialists and other professional staff research and review claims, 
draft decisions, and provide advice and assistance to the 
Administrative Appeals Judges.
    V. Delegation of Authority.
    All delegations and redelegations of authority to officers and 
employees of the components which are affected by this reorganization, 
and which were in effect immediately prior to this reorganization will 
be continued in effect in them or their successors, pending further 
delegation, provided they are consistent with this reorganization.

    Dated: September 29, 1995.
Donald E. Shalala,
Secretary.
[FR Doc. 95-24834 Filed 10-5-95; 8:45 am]
BILLING CODE 4110-60-M