Nih Legal Department
The NIH division of the Public Health Division, HHS Office of the General Counsel (OGC), is located on the NIH`s main campus in Bethesda, MD. The NIH Division provides legal services to the Director of NIH and its institutes and centers, as well as other OPDIVs and STAFFDIVs throughout the Division. We promote HHS and NIH missions by providing legal services in almost all areas of law. Our main client is NIH, but our unique expertise in multiple areas is often used by many other OPDIVS and STAFFDIVS throughout the department. We have a talented group of lawyers who are available to provide advice and assistance on a variety of legal issues. The OGC provides formal and informal legal advice to NIH staff upon request using the procedures described in this chapter. The OGC does not accept requests for formal or informal legal advice exclusively from non-employees, nor can the OGC provide legal advice, services or representation to non-employees or employees in private non-labour matters. If a non-NIH employee, such as a contractor or intern, is referred to the OGC by an NIH employee for legal advice on an NIH-related matter, the NIH non-employee must include the name of the referring NIH employee in the application. The Office of the General Counsel is responsible for all legal advice to agency officials within HHS. HHS, OS Statement of Organization, 38 Fed.
Reg. 17032 (June 28, 1973), as last amended in 59 Fed. Reg. 50234 (3. October 1994) states: “The Advocate General, in his capacity as Special Adviser to the Secretary for Legal Affairs, is responsible for providing any legal advice to the Secretary. and all departmental organizations. By acting as a single, formally designated source of legal advice for the Department`s operations and personnel services, the OGC ensures that all operational and personnel departments receive consistent advice and that the OGC and the Department of Justice are able to defend the Agency`s position on these issues. The purpose of this chapter is to provide general information and guidance on how to request legal advice or information from the OGC.
As the chapter is primarily informative in nature, a review of management controls is not required. Informal legal advice: Contact the OGC directly (301-496-6043) if such advice is required. Requests for such advice shall be limited to the official activities of the Agency. The CMO is not available for advice on employee personal information, employee complaints, etc. The OGC is available for advice on legal matters that may be the subject of congressional testimony, court hearings, etc. The Office of the General Counsel (OGC) is the legal team of the Department of Health and Human Services (HHS), providing high-quality legal representation and advice on a variety of highly visible national issues. OGC supports the development and implementation of ministry programs by providing the highest quality legal services to the HHS secretary and the various agencies and departments of the organization. This chapter defines the role of the Office of the General Counsel (OGC) of the Department of Health and Human Services (HHS) in providing legal advice to the NIH and establishes procedures for obtaining formal and informal legal advice and authorization services from the Office of General Counsel (OGC) on NIH-related matters.
Operations and Human Resources cannot seek or receive legal advice from sources other than the OGC. This prohibition includes obtaining legal advice from consultants or temporary experts hired to provide non-legal services, as well as from Agency program administrators with legal training and qualifications not listed in the OGC. A distinction must be made between the use of legal knowledge and the practice of law. In particular, an individual may apply their legal knowledge and training to help develop, for example, regulations and policy options, but only the OGC can provide legal advice to NIH officials, for example, regarding the legal applicability or vulnerability of a proposed or previous regulatory action. Our goal is to provide NIH and other HHS OPDIVS with experienced legal advice and enforcement expertise from a single office, addressing all of the client`s brand needs, from program launch to trademark registration, maintenance, and licensing. Our office is a one-stop shop for NIH and ministry trademark and trademark requirements. We are also an important resource for programs that develop brands and brand guidelines. Formal Legal Notice: Send any written request for legal advice or services directly to the OGC (Building 31, Room 2B50) after it has been signed by the Reference Officer. A bidding official must sign any formal request for legal assistance addressed to the OGC before the request is made to the OGC in order to ensure that the OGC receives only those requests for legal assistance that are actually necessary and requested by the Agency. Before a new application is submitted to the CMO, the Referring Officer will determine whether the application applies to: (1) any other NIH program; and/or (2) any other program of the Agency within the Department.
If this is true, the referring officer will bring the matter to the attention of the lawyer or NIH staff. Any NIH employee requesting formal written legal advice or OGC expert opinion must submit the request to their referring agent through monitoring channels. The Trademarks Group of the OGC NIH Branch provides legal advice and professional trademark management, including national and international registration, search, registration, and licensing for NIH and other HHS OPDIVs. A memorandum dated 8 January 1982 from the Assistant Secretary for Health to the heads of the PHS agency requires each authority to establish procedures for obtaining advice from its legal adviser.