[Federal Register: July 22, 2005 (Volume 70, Number 140)]
[Notices]               
[Page 42331]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy05-59]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

 
Statement of Organization, Functions, and Delegations of 
Authority

    Part F., Section F.70. (Order of Succession) of the Statement of 
Organization, Functions, and Delegations of Authority for the 
Department of Health and Human Services, Centers for Medicare & 
Medicaid Services (CMS), (Federal Register, Vol. 49, No. 174, p. 35251, 
dated September 6, 1984) is hereby rescinded and replaced by the 
following new Section F.70.

F.70. Order of Succession

    During any period when the Administrator, Centers for Medicare & 
Medicaid Services (CMS), has died, resigned, or otherwise become unable 
to perform the functions and duties of the office of the Administrator, 
CMS, the following officers, in the order listed, shall act for and 
perform the functions and duties of the office of Administrator, CMS, 
until such time the Administrator, CMS, again becomes available, a 
permanent successor is appointed, or the temporary successor is 
otherwise relieved:
    1. Deputy Administrator.
    2. Chief Operating Officer.
    3. Director, Center for Medicare Management.
    4. Deputy Chief Operating Officer.
    5. Director & Chief Financial Officer, Office of Financial 
Management.
    6. Deputy Director, Center for Medicare Management.
    7. Deputy Director, Office of Financial Management.
    The authority to act as the Administrator, CMS, must be exercised 
in accordance with the provisions of the Federal Vacancies and Reform 
Act of 1998 (``the Vacancies Act''), 5 U.S.C. 3345 et seq. The 
``Acting'' title is applicable and reserved only in instances in which 
the CMS Administrator position is vacant. In accordance with the 
Vacancies Act, the Deputy Administrator is herein designated as the 
first assistant for CMS.
    During a planned absence, the Administrator, CMS, may designate an 
individual to serve as ``operationally in charge.'' No individual who 
is serving in an ``operationally in charge'' capacity shall exercise 
this authority unless he or she is herein designated as a delegatee.
    This authority is limited to maintaining the Agency's essential 
functions and restoring the Agency's normal business functions under 
the CMS Continuity of Operations Plan (COOP).

    Dated: June 16, 2005.
Mark B. McClellan,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 05-14148 Filed 7-21-05; 8:45 am]

BILLING CODE 4120-01-M