Functional Statements > Office of the General Counsel

D. Departmental and Regulatory Service

The Departmental and Legislative Service is under the direction of a Deputy General Counsel who reports directly to the General Counsel. The Deputy General Counsel supervises and coordinates the work of two Divisions, each of which is headed by an Assistant General Counsel:

Business and Administrative Law Division, and
Legislative Counsel Division.

Business and Administrative Law Division

The Business and Administrative Law Division provides legal services to Department officials concerning business management and administrative activities throughout the Department, including contracts, grants, procurement, standards of conduct, labor relations, appropriations, budget, compensation, employment and travel; the Freedom of Information Act, the Privacy Act, the Federal Advisory Committee Act, the Government in Sunshine Act, the Hatch Act, the Family Educational Rights and Privacy Act, and the Equal Access to Justice Act. The Division also provides advice and representation regarding organizational matters involving the Department, the Department's Federal Surplus Property Program, and claims by and against the Department.

In performing its responsibilities, the Division:

• Provides services required by the Department in connection with court litigation, including development of litigation positions, preparation of documents for submission in court, and explanation of cases to the Department of Justice (This does not preclude the Inspector General from performing that officer's functions under Section 4(d) of the inspector General Act of 1978.).
• Provides formal and informal legal advice to officials of the Department.
• Drafts or reviews drafts of legislation, regulations, preambles, responses to public comment, and other supporting documents, and participates in public hearings necessary for the development of regulations for the Department.
• Provides legal services required by the Department relating to the conduct of administrative proceedings (such as audit appeals, contested contracts, and personnel actions), including presentation of cases before Administrative Law Judges, the General Services Administration Board of Contract Appeals, the Merit Systems Protection Board, and the Equal Employment Opportunity Commission.

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Legislative Counsel Division

The Legislative Counsel Division drafts the Department's legislation and coordinates certain other legislative matters.

In performing its responsibilities, the Division:

• Drafts or coordinates the drafting of all proposed legislation originating in the Department, reviews specifications for that proposed legislation, and reviews all proposed legislation submitted to the Department (including the Office of Legislation and Congressional Affairs (OLCA) and the Office of Public Affairs (OPA)) for comment.
• In consultation with OLCA and OPA, prepares or reviews letters to Congressional Committees, the Office of Management and Budget, and others on proposed and pending legislation.
• In coordination with OLCA and OPA, reviews proposed testimony of Departmental officials before Congressional Committees relating to proposed or pending legislation.
• Acts as the Department's liaison with the Office of Management and Budget on legislative matters.
• Prescribes procedures to govern the routing and review, within the Department, of material relating to proposed or pending legislation.

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