legal basics for working at cdc/atsdr: what you need to know and why you should care module 1 hhs...

Legal Basics for Working at CDC/ATSDR:

What You Need to Know and Why You Should Care

Module 1

HHS Office of the General CounselCDC/ATSDR

(404)639-7200

Legal Basics for Working at CDC/ATSDR:

What You Need to Know and Why You Should Care

Module 1

HHS Office of the General CounselCDC/ATSDR

(404)639-7200

Module 1Module 1

• Introduction to CDC’s Office of the General Counsel

• CDC’s Authorities• Federal Appropriations Law• Paperwork Reduction Act• Federal Records Act• Copyright Act

• Introduction to CDC’s Office of the General Counsel

• CDC’s Authorities• Federal Appropriations Law• Paperwork Reduction Act• Federal Records Act• Copyright Act

Office of the General Counsel (OGC) CDC/ATSDR

Program Attorneys

Office of the General Counsel (OGC) CDC/ATSDR

Program Attorneys

Paula Kocher, Deputy Associate General CounselDeborah Tress, Principal Senior Attorney

Mary Armstrong Mark Kashdan Kenya Ford Alice Kelley

Joe Foster Kevin MaloneSudevi Ghosh Robert McGolerick Eva Holland Jim MisrahiJames Holt Leslie Page-Taylor Heather Horton Katy RunyanEmily Howell Joanna StettnerMichael Rafky

Paula Kocher, Deputy Associate General CounselDeborah Tress, Principal Senior Attorney

Mary Armstrong Mark Kashdan Kenya Ford Alice Kelley

Joe Foster Kevin MaloneSudevi Ghosh Robert McGolerick Eva Holland Jim MisrahiJames Holt Leslie Page-Taylor Heather Horton Katy RunyanEmily Howell Joanna StettnerMichael Rafky

Office of the General CounselRegion IV (Atlanta) Attorneys Office of the General Counsel

Region IV (Atlanta) Attorneys

Marie RansleyMarie RansleyMurray KampfMurray Kampf

Robert NerthlingRobert Nerthling Jocelyn CerritoJocelyn Cerrito

• EEOEEO• Personnel LitigationPersonnel Litigation• ContractsContracts

http://intranet.cdc.gov/ogc/default.htmhttp://intranet.cdc.gov/ogc/default.htm

Marie RansleyMarie RansleyMurray KampfMurray Kampf

Robert NerthlingRobert Nerthling Jocelyn CerritoJocelyn Cerrito

• EEOEEO• Personnel LitigationPersonnel Litigation• ContractsContracts

http://intranet.cdc.gov/ogc/default.htmhttp://intranet.cdc.gov/ogc/default.htm

Services Provided by OGC

Services Provided by OGC

• Legal Advice • Interpret Statutory and Regulatory Authority• Assist in Rulemaking Dockets and Federal

Register Notices• Review Documents for Legal Sufficiency

– Program Announcements– Letters – MOUs/MOAs– Policy Statements

• Contact Point for Government and Private Attorneys

• Assist DOJ in Civil Litigation and Criminal Prosecutions

• Legal Advice • Interpret Statutory and Regulatory Authority• Assist in Rulemaking Dockets and Federal

Register Notices• Review Documents for Legal Sufficiency

– Program Announcements– Letters – MOUs/MOAs– Policy Statements

• Contact Point for Government and Private Attorneys

• Assist DOJ in Civil Litigation and Criminal Prosecutions

CDC’s Authorities for Conducting Public Health Activities

CDC’s Authorities for Conducting Public Health Activities

CDC’s underlying authorities for conducting public health activities and furthering its mission include, but are not limited to:

• The Public Health Service Act• The Public Health Security and Bioterrorism Preparedness

and Response Act of 2002• Comprehensive Environmental Response, Compensation,

and Liability Act (CERCLA), as amended by the Superfund Amendments and Reauthorization Act (SARA)

• Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA)

• Federal Mine Safety and Health Acts of 1969 and 1977 • Occupational Safety and Health Act of 1970 • Appropriation Laws

CDC’s underlying authorities for conducting public health activities and furthering its mission include, but are not limited to:

• The Public Health Service Act• The Public Health Security and Bioterrorism Preparedness

and Response Act of 2002• Comprehensive Environmental Response, Compensation,

and Liability Act (CERCLA), as amended by the Superfund Amendments and Reauthorization Act (SARA)

• Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA)

• Federal Mine Safety and Health Acts of 1969 and 1977 • Occupational Safety and Health Act of 1970 • Appropriation Laws

CDC’s Authorities for Conducting Public Health

Activities

CDC’s Authorities for Conducting Public Health

Activities

Key Points:

• CDC must have the legal authority to do whatever activity it wants to do

• Contact: OGC

Key Points:

• CDC must have the legal authority to do whatever activity it wants to do

• Contact: OGC

Federal Appropriations Law Authorizing Legislation vs. Appropriations

Laws

Federal Appropriations Law Authorizing Legislation vs. Appropriations

Laws

• Authorization laws establish, continue or modify federal programs and are a prerequisite for Congress to appropriate budget authority for programs

• Authorization laws establish, continue or modify federal programs and are a prerequisite for Congress to appropriate budget authority for programs

• Appropriations laws provide the actual funding for federal programs

• Appropriations laws provide the actual funding for federal programs

Federal Appropriations Law

Federal Appropriations Law

Key Points:

• Graduate School/USDA course in Federal Appropriations Law (offered multiple times each year)

• Contact: OGC

Key Points:

• Graduate School/USDA course in Federal Appropriations Law (offered multiple times each year)

• Contact: OGC

Paperwork Reduction ActPaperwork Reduction Act The purpose of the Paperwork Reduction

Act is to reduce the federal burden on the public and maximize the practical utility and public benefit of any information that is collected by the federal government

The purpose of the Paperwork Reduction Act is to reduce the federal burden on the public and maximize the practical utility and public benefit of any information that is collected by the federal government

The Paperwork Reduction Act and OMB Clearance

The Paperwork Reduction Act and OMB Clearance

• A data collection requires OMB approval when:– It involves 10 or more respondents in

any 12-month period (both domestic and international) AND

– It involves the use of identical questions, identical reporting or recordkeeping requirements, or asking respondents to provide the same level of information on the same subject AND

– The federal government is sponsoring the data collection (such as a contract or cooperative agreement)

• A data collection requires OMB approval when:– It involves 10 or more respondents in

any 12-month period (both domestic and international) AND

– It involves the use of identical questions, identical reporting or recordkeeping requirements, or asking respondents to provide the same level of information on the same subject AND

– The federal government is sponsoring the data collection (such as a contract or cooperative agreement)

The Paperwork Reduction ActThe Paperwork Reduction Act

Key Points:

• Applies to questions asked:– In writing– Electronically– Through phone calls – In-person interviews

• Contact: Maryam Daneshvar (404-639-4604)

Key Points:

• Applies to questions asked:– In writing– Electronically– Through phone calls – In-person interviews

• Contact: Maryam Daneshvar (404-639-4604)

Federal Records ActFederal Records Act

What are Federal Records? Documentary material, regardless of

format, created or received in the course of federal business

CDC Record Control Schedule: ExamplesAdministrative records: 5 Years

Epidemiological case studies: 20 Years

Final reports/studies/publications: Permanent

What are Federal Records? Documentary material, regardless of

format, created or received in the course of federal business

CDC Record Control Schedule: ExamplesAdministrative records: 5 Years

Epidemiological case studies: 20 Years

Final reports/studies/publications: Permanent

Federal Records ActFederal Records Act

Key Points:

• Records belong to CDC, not to individuals

• Contact: Mary Wilson (404-498-1552)

Key Points:

• Records belong to CDC, not to individuals

• Contact: Mary Wilson (404-498-1552)

Copyright ActCopyright Act• Copyright is a form of protection provided by

federal law for original works of authorship

• Applies to literary works, including books, magazines, journals and newspapers, as well as photographs, videos, artistic and other intellectual work

• Protected regardless of the media in which they are created or reproduced (e.g. electronic works are also protected)

• Copyright is a form of protection provided by federal law for original works of authorship

• Applies to literary works, including books, magazines, journals and newspapers, as well as photographs, videos, artistic and other intellectual work

• Protected regardless of the media in which they are created or reproduced (e.g. electronic works are also protected)

Copyright Act“Fair Use”

Copyright Act“Fair Use”

• Federal copyright law permits, for certain purposes, the “fair use” of copyrighted material, i.e., use without the copyright owner’s permission

• Many Government uses of copyrighted materials for internal purposes are “fair”; however, the Government IS SUBJECT to copyright infringement

• Copyright protection is not available for works prepared by an officer or employee of the United States Government as part of that person’s official duties

• Federal copyright law permits, for certain purposes, the “fair use” of copyrighted material, i.e., use without the copyright owner’s permission

• Many Government uses of copyrighted materials for internal purposes are “fair”; however, the Government IS SUBJECT to copyright infringement

• Copyright protection is not available for works prepared by an officer or employee of the United States Government as part of that person’s official duties

Copyright ActCopyright Act

Key Points:

• Generally, in lieu of signing a publisher’s copyright form or book contract, CDC authors should use CDC’s standard copyright form or standard book agreement

• Contact: OGC

Key Points:

• Generally, in lieu of signing a publisher’s copyright form or book contract, CDC authors should use CDC’s standard copyright form or standard book agreement

• Contact: OGC

Contact Information for Important CDC OfficesContact Information for Important CDC Offices

• Office of the General Counsel– Paula Kocher (404-639-7200)

• The Paperwork Reduction Act/OMB Clearance– Maryam Daneshvar

(404-639-4604)

• Office of the General Counsel– Paula Kocher (404-639-7200)

• The Paperwork Reduction Act/OMB Clearance– Maryam Daneshvar

(404-639-4604)

• Records Management– Mary Wilson (404-

498-1552)

• Records Management– Mary Wilson (404-

498-1552)

Questions?

OGC: 404-639-7200

Questions?

OGC: 404-639-7200

Legal Basics for Working at Legal Basics for Working at CDC/ATSDR: CDC/ATSDR:

What You Need to Know What You Need to Know and Why You Should Careand Why You Should Care

Module 2Module 2

HHS Office of the General CounselHHS Office of the General CounselCDC/ATSDR CDC/ATSDR

(404)639-7200(404)639-7200

Module 2Module 2

Privacy LawsPrivacy Laws– Privacy ActPrivacy Act– HIPAA Privacy RuleHIPAA Privacy Rule– Assurance of Confidentiality lawsAssurance of Confidentiality laws

Open Government LawsOpen Government Laws– Freedom of Information Act (FOIA)Freedom of Information Act (FOIA)– Federal Advisory Committee Act (FACA)Federal Advisory Committee Act (FACA)

Privacy ActPrivacy Act

Pertains only to records Pertains only to records retrieved byretrieved by a a personal identifierpersonal identifier

Generally permits access to personal Generally permits access to personal information information onlyonly by the person to by the person to whom the records pertainwhom the records pertain

Privacy Act: Common ExceptionsPrivacy Act: Common Exceptions

If disclosure required under FOIAIf disclosure required under FOIA

Routine use as defined by the agencyRoutine use as defined by the agency

At written request of head of federal At written request of head of federal agency for law enforcement purposesagency for law enforcement purposes

To GAO, if requested as part of an auditTo GAO, if requested as part of an audit– GAO Contact: Alyce Burton (404-639-GAO Contact: Alyce Burton (404-639-

7243)7243)

Court orderCourt order

Privacy ActPrivacy ActKey Points:Key Points:

• The Privacy Act does 2 main things:The Privacy Act does 2 main things: Protects an individual’s privacyProtects an individual’s privacy Provides an individual Provides an individual accessaccess to his own to his own

information contained in a Privacy Act system of information contained in a Privacy Act system of recordsrecords

• CDC must maintain in its records only such CDC must maintain in its records only such information about individual as is information about individual as is relevantrelevant and and necessarynecessary to accomplish the purpose of the to accomplish the purpose of the agencyagency

• Contact: OGCContact: OGC

The HIPAA Privacy RuleThe HIPAA Privacy Rule

Regulation provides Regulation provides protection for the protection for the privacy of certain privacy of certain individually individually identifiable health identifiable health data (“protected data (“protected health information”)health information”)

The HIPAA Privacy RuleThe HIPAA Privacy Rule

The Privacy Rule The Privacy Rule expressly permits expressly permits disclosures without disclosures without individual authorization individual authorization to to public health public health authoritiesauthorities authorized authorized by law to receive such by law to receive such information to perform information to perform public health public health activitiesactivities

The HIPAA Privacy RuleThe HIPAA Privacy RuleKey Points:Key Points:

CDC is not a covered entity. Therefore CDC is not CDC is not a covered entity. Therefore CDC is not required to comply with the Privacy Rule. CDC required to comply with the Privacy Rule. CDC protects individually identifiable health information protects individually identifiable health information pursuant to other Federal laws (e.g. FOIA and the pursuant to other Federal laws (e.g. FOIA and the Privacy Act), but NOT pursuant to HIPAAPrivacy Act), but NOT pursuant to HIPAA

CDC may receive PHI from covered entities, because CDC may receive PHI from covered entities, because CDC is a public health authority authorized by law to CDC is a public health authority authorized by law to receive such information for public health purposes. receive such information for public health purposes. Covered entities MAY, but ARE NOT REQUIRED to, Covered entities MAY, but ARE NOT REQUIRED to, provide PHI to CDCprovide PHI to CDC

Contact: Gail Horlick (404-639-4613)Contact: Gail Horlick (404-639-4613)

Certificates and Assurances of Certificates and Assurances of ConfidentialityConfidentiality

Key Points:Key Points:

308(d)—specifically for CDC—protects 308(d)—specifically for CDC—protects the confidentiality of individuals AND the confidentiality of individuals AND institutionsinstitutions

301(d) is used mostly for grants and 301(d) is used mostly for grants and cooperative agreements funded by CDCcooperative agreements funded by CDC

Contact: Cheryl Coble (404-639-4791)Contact: Cheryl Coble (404-639-4791)

Freedom of Information Act Freedom of Information Act (FOIA)(FOIA)

– Permits access to all records kept by CDC Permits access to all records kept by CDC unless an exemption appliesunless an exemption applies

– ““Records” includes drafts, phone Records” includes drafts, phone messages, marginal notesmessages, marginal notes

– Records must be in control of CDC at time Records must be in control of CDC at time of requestof request

FOIA ExemptionsFOIA Exemptions

1) Classified information1) Classified information 2) Internal personnel rules and practices by the 2) Internal personnel rules and practices by the

agencyagency 3) Records protected from release by other 3) Records protected from release by other

statutesstatutes 4) Trade secrets, commercial or financial 4) Trade secrets, commercial or financial

information that is privileged or confidentialinformation that is privileged or confidential 5) Inter or intra agency memoranda which would 5) Inter or intra agency memoranda which would

not be available by law to a party in litigation by not be available by law to a party in litigation by the agencythe agency

6) Personal privacy of individuals6) Personal privacy of individuals 7) Information compiled for law enforcement 7) Information compiled for law enforcement

purposespurposes 8) Bank examining data used by those 8) Bank examining data used by those

supervising financial institutionssupervising financial institutions 9) Geological or geophysical information 9) Geological or geophysical information

concerning wellsconcerning wells

FOIA: OPENNESS PREVAILSFOIA: OPENNESS PREVAILS

– On January 21, 2009, President Obama issued On January 21, 2009, President Obama issued a Memorandum related to FOIA. The President a Memorandum related to FOIA. The President stated:stated: ““In the face of doubt, openness prevails . . . all In the face of doubt, openness prevails . . . all

agencies should adopt a presumption in favor of agencies should adopt a presumption in favor of disclosure.”disclosure.”

““The Government should not keep information The Government should not keep information confidential merely because public officials might be confidential merely because public officials might be embarrassed by disclosures.”embarrassed by disclosures.”

““The presumption of disclosure also means that The presumption of disclosure also means that agencies should take affirmative steps to make agencies should take affirmative steps to make information public.”information public.”

FOIA: OPENNESS PREVAILSFOIA: OPENNESS PREVAILS

– On March 19, 2009 the Attorney General issued On March 19, 2009 the Attorney General issued new guidelines governing FOIA. The new guidelines governing FOIA. The Guidelines:Guidelines: Encourage agencies to release records in part Encourage agencies to release records in part

whenever they cannot be released in full.whenever they cannot be released in full. The Department of Justice will only defend a denial The Department of Justice will only defend a denial

of a FOIA request if:of a FOIA request if:– The agency reasonably foresees that disclosure would The agency reasonably foresees that disclosure would

harm an interest protected by one of the statutory harm an interest protected by one of the statutory exemptions, orexemptions, or

– Disclosure is prohibited by law.Disclosure is prohibited by law.

FOIAFOIA


Records include e-mails!Records include e-mails!

Contact: Lynn Armstrong (404-639-Contact: Lynn Armstrong (404-639-7270)7270)

Federal Advisory Committee Act Federal Advisory Committee Act (FACA)(FACA)

Law requires legal chartering of advisory Law requires legal chartering of advisory committeescommittees

Meetings must be open and advertised in Meetings must be open and advertised in Federal RegisterFederal Register

Committee membership must be balancedCommittee membership must be balanced Mistakes in procedure can result in lawsuits Mistakes in procedure can result in lawsuits

against agencyagainst agency Does not usually apply to individual Does not usually apply to individual

consultant meetingsconsultant meetings

FACAFACA


Think about FACA if a group is composed—Think about FACA if a group is composed—even partially—of private sector persons for even partially—of private sector persons for the purpose of giving the purpose of giving consensus adviceconsensus advice to to the Federal Governmentthe Federal Government

Contact: Elizabeth Millington (404-498-3494)Contact: Elizabeth Millington (404-498-3494)

Contact Information for Contact Information for Important CDC OfficesImportant CDC Offices

Office of the General Office of the General CounselCounsel– Paula Kocher Paula Kocher (404-639-7200)(404-639-7200)

HIPAAHIPAA– Gail Horlick Gail Horlick (404-639-4613)(404-639-4613)

Freedom of Information Freedom of Information ActAct– Lynn Armstrong Lynn Armstrong (404-639-7270)(404-639-7270)

GAO Coordinator GAO Coordinator – Alyce Burton Alyce Burton (404-639-7243)(404-639-7243)

Certificates and Certificates and Assurances of Assurances of ConfidentialityConfidentiality– Cheryl Coble Cheryl Coble (404-639-4791) (404-639-4791)

FACAFACA– Elizabeth Millington Elizabeth Millington

(404-498-3494)(404-498-3494)

Questions?Questions?

OGC: 404-639-7200OGC: 404-639-7200

Legal Basics for Working Legal Basics for Working at CDC/ATSDR:at CDC/ATSDR:

What You Need to Know What You Need to Know and Why You Should Careand Why You Should Care

Module 3Module 3


(404)639-7200(404)639-7200

Module 3Module 3

EthicsEthics

Standards of ConductStandards of Conduct Outside ActivitiesOutside Activities Conflicts of InterestConflicts of Interest Co-sponsorships/CollaborationsCo-sponsorships/Collaborations

Employee Standards of ConductEmployee Standards of Conduct

Standards of Conduct are set out in 5 Standards of Conduct are set out in 5 C.F.R. Pt. 2635 (for all Federal employees) C.F.R. Pt. 2635 (for all Federal employees) and 45 C.F.R. Pt. 73 (for all and 45 C.F.R. Pt. 73 (for all HHSHHS employees)employees)

The Standards of Conduct include, among The Standards of Conduct include, among other things:other things: Limits on the acceptance of giftsLimits on the acceptance of gifts Post-Federal employment rulesPost-Federal employment rules Policies on outside activitiesPolicies on outside activities

New supplemental standards (5 C.F.R. Pts. New supplemental standards (5 C.F.R. Pts. 5501 and 5502) established 2/3/055501 and 5502) established 2/3/05

Employee Standards of ConductEmployee Standards of Conduct


AllAll Federal government Executive Federal government Executive Branch employees must follow the Branch employees must follow the Standards of ConductStandards of Conduct

Contact: Teresa Walker-Mason Contact: Teresa Walker-Mason (404-639-5003)(404-639-5003)

Outside ActivitiesOutside Activities Outside Activities: paid or unpaid work Outside Activities: paid or unpaid work

outside the scope of federal employmentoutside the scope of federal employment Prior approval is required for Prior approval is required for certain certain

Outside Activities using form HHS-520Outside Activities using form HHS-520 HHS-520 must be renewed annually HHS-520 must be renewed annually An annual accounting of ALL outside An annual accounting of ALL outside

activities must be submitted via form activities must be submitted via form HHS-521HHS-521

Outside ActivitiesOutside ActivitiesKey Points:Key Points:

Generally, outside activities which require advance Generally, outside activities which require advance approval include (but are not limited to) the approval include (but are not limited to) the following:following: Writing, editing, or publishing that Writing, editing, or publishing that relatesrelates to to

official dutiesofficial duties Teaching or lecturing that Teaching or lecturing that relatesrelates to official duties to official duties All professional services, including outside All professional services, including outside

CLINICALCLINICAL practice practice Service on boards or committeesService on boards or committees

Contact: Teresa Walker-Mason (404-639-5003)Contact: Teresa Walker-Mason (404-639-5003)

Conflicts of InterestConflicts of Interest

What constitutes a criminal What constitutes a criminal conflict of interest?conflict of interest?• Employees cannot Employees cannot participateparticipate in in

Government Government mattersmatters that can affect that can affect their their ownown or or imputed financial interestsimputed financial interests (18 U.S.C. § 208) (18 U.S.C. § 208)

Conflicts of InterestConflicts of Interest


Resolve Conflicts through:Resolve Conflicts through: DivestitureDivestiture ReassignmentReassignment Waiver/AuthorizationWaiver/Authorization RecusalRecusal

Contact: Contact: Teresa Walker-Mason Teresa Walker-Mason

(404-639-5003)(404-639-5003)

Co-sponsorship/Co-sponsorship/CollaborationCollaboration

Co-sponsorship: the joint development of a Co-sponsorship: the joint development of a conference, seminar, symposium, educational conference, seminar, symposium, educational program, public information campaign, or similar program, public information campaign, or similar event related to the mission of CDC by CDC and event related to the mission of CDC by CDC and one or more non-federal entitiesone or more non-federal entities

Collaboration: a voluntary interaction between Collaboration: a voluntary interaction between CDC and one or more private sector CDC and one or more private sector organizations in which both parties work together organizations in which both parties work together to carry out their missions; basis for the to carry out their missions; basis for the interaction not found in statutory or other law interaction not found in statutory or other law

Co-sponsorship/Co-sponsorship/CollaborationCollaboration


Guidance documents: Guidance documents: CDC’s Co-Sponsorship Policy (MASO)CDC’s Co-Sponsorship Policy (MASO) CDC Guidance on Collaboration with the CDC Guidance on Collaboration with the

Private Sector (MASO)Private Sector (MASO) OGC Ethics Division Guidance (OGC)OGC Ethics Division Guidance (OGC)

NCHM Partnership Toolkit NCHM Partnership Toolkit

Contact: OGCContact: OGC

Contact Information for Contact Information for Important CDC OfficesImportant CDC Offices

Office of the Office of the General CounselGeneral Counsel Paula Kocher Paula Kocher

(404-639-7200)(404-639-7200)

Ethics and Ethics and Conflicts of Conflicts of InterestInterest Teresa Walker-Teresa Walker-

Mason Mason

(404-639-5003)(404-639-5003)


OGC: 404-639-7200OGC: 404-639-7200



What You Need to Know What You Need to Know and Why You Should Care and Why You Should Care

Module 4Module 4


(404)639-7200(404)639-7200

Module 4Module 4

Anti-Lobbying ActAnti-Lobbying Act Testimony RegulationsTestimony Regulations Federal Tort Claims Act (FTCA)Federal Tort Claims Act (FTCA)

Anti-Lobbying ActAnti-Lobbying Act

Federal law (18 U.S.C. 1913) Federal law (18 U.S.C. 1913) prohibits the direct or indirect use of prohibits the direct or indirect use of appropriated funds for “any personal appropriated funds for “any personal service, advertisement, telegram, service, advertisement, telegram, telephone, letter, printed or written telephone, letter, printed or written matter or other device intended . . . matter or other device intended . . . to influence . . . a Member of to influence . . . a Member of Congress” in acting on legislation Congress” in acting on legislation either before or after its introduction.either before or after its introduction.

Additional, Recent Restrictions on the Use of Additional, Recent Restrictions on the Use of Appropriated Funds for LobbyingAppropriated Funds for Lobbying

Since FY 1997, Since FY 1997, appropriations law has appropriations law has restricted the use of restricted the use of Federal funds for Federal funds for lobbying for or against lobbying for or against legislation pending legislation pending before before state state legislatures.legislatures.

As a matter of policy, As a matter of policy, CDC extends these CDC extends these prohibitions against prohibitions against lobbying with respect lobbying with respect to local legislation and to local legislation and local legislative local legislative bodies.bodies.

Anti-Lobbying ActAnti-Lobbying Act Subject to management approval, you MAY:Subject to management approval, you MAY:

• appear before an individual or group for the appear before an individual or group for the purpose of informing the public about the purpose of informing the public about the Administration’s position on a policy or Administration’s position on a policy or legislationlegislation

• testify at the request of a state or local testify at the request of a state or local legislature to provide legislature to provide scientificscientific and and technical technical informationinformation

Anti-Lobbying ActAnti-Lobbying Act You MAY NOT:You MAY NOT:

• engage in grass roots lobbying campaigns of letters, e-engage in grass roots lobbying campaigns of letters, e-mails, or other private forms of communication mails, or other private forms of communication expressly asking recipients to contact members of expressly asking recipients to contact members of Congress, in support of or opposition to pending Congress, in support of or opposition to pending legislationlegislation


Testimony RegulationsTestimony Regulations 45 CFR Part 2 governs testimony by employees 45 CFR Part 2 governs testimony by employees

and former employees of the Department of and former employees of the Department of Health and Human Services in proceedings in Health and Human Services in proceedings in which the United States is not a partywhich the United States is not a party

In general, HHS employees do not participate in In general, HHS employees do not participate in matters involving private litigation matters involving private litigation

The basis for this policy is the necessity of HHS to The basis for this policy is the necessity of HHS to maintain impartiality in disputes between private maintain impartiality in disputes between private parties and to minimize the disruption of official parties and to minimize the disruption of official duties of the agencyduties of the agency

Testimony RegulationsTestimony Regulations


Contact OGC Contact OGC if you get a call from a if you get a call from a private sector attorneyprivate sector attorney

Contact: OGC Contact: OGC

Testimony RegulationsTestimony Regulations The courts (including the U.S. Supreme The courts (including the U.S. Supreme

Court) have recognized the authority of Court) have recognized the authority of federal agencies to limit their federal agencies to limit their involvement in such private actionsinvolvement in such private actions

Testimony RegulationsTestimony Regulations

The testimony regulations require the The testimony regulations require the satisfaction of three criteria before satisfaction of three criteria before testimony by an HHS employee is allowed: testimony by an HHS employee is allowed: 1) The request must be in writing and state the 1) The request must be in writing and state the

nature of the testimony nature of the testimony

2) The request must explain why the 2) The request must explain why the testimony is unavailable by any testimony is unavailable by any

other other means means

3) The request must provide reasons why the 3) The request must provide reasons why the testimony would be in the interests of testimony would be in the interests of

HHS HHS or the Federal Government or the Federal Government

Federal Tort Claims Act (FTCA)Federal Tort Claims Act (FTCA)

What is a tort?What is a tort?• A civil (as opposed to criminal) wrong for which A civil (as opposed to criminal) wrong for which

a remedy may be obtained, usually in the form a remedy may be obtained, usually in the form of money damagesof money damages

• Examples of torts and tort cases:Examples of torts and tort cases: Personal injuryPersonal injury SlanderSlander LibelLibel Property damageProperty damage Products liabilityProducts liability Motor vehicle casesMotor vehicle cases Medical malpracticeMedical malpractice

FTCAFTCA A limited waiver of sovereign immunityA limited waiver of sovereign immunity

Regarding claims for money against the United Regarding claims for money against the United States States

For injury or loss of property, or personal injury or For injury or loss of property, or personal injury or death caused by the negligent or wrongful act or death caused by the negligent or wrongful act or omission of any employee of the Government omission of any employee of the Government while acting within the scope of his office or while acting within the scope of his office or employmentemployment

Under circumstances where the United States, if a Under circumstances where the United States, if a private person, would be liable to the claimant in private person, would be liable to the claimant in accordance with the law of the place where the accordance with the law of the place where the act or omission occurredact or omission occurred

FTCAFTCA If sued, an employee must request representation If sued, an employee must request representation

from the U.S. Department of Justice (DOJ) from the U.S. Department of Justice (DOJ)

DOJ certifies whether the employee was acting DOJ certifies whether the employee was acting within the scope of his or her employment at the within the scope of his or her employment at the time that the alleged negligent or wrongful act time that the alleged negligent or wrongful act occurredoccurred

If DOJ certifies in the negative, the individual If DOJ certifies in the negative, the individual employee must defend the action and pay the employee must defend the action and pay the cost of any adverse judgment at his or her own cost of any adverse judgment at his or her own expenseexpense

If DOJ certifies in the affirmative, the United If DOJ certifies in the affirmative, the United States defends the action and pays the cost of States defends the action and pays the cost of any money judgmentany money judgment

FTCAFTCA


Does Does NOTNOT apply outside the U.S.apply outside the U.S.

Does Does NOTNOT apply to reckless, willful, apply to reckless, willful, or criminal conductor criminal conduct



OGC: 404-639-7200OGC: 404-639-7200

legal basics for working at cdc/atsdr: what you need to know and why you should care module 1 hhs...

Documents

response act

public health activities

liability act cercla

cdcs office

public health security

public health service

general counsel cdcatsdr

general counsel region