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Farm and Rural Development Act (7 U.S.C. 1921 et seq.) with respect to financing for community antenna television services or facilities.

(d) Related to committee management. Establish and reestablish regional, state, and local advisory committees for activities under his authority. This authority may not be redelegated.

(e) Related to Defense. Administer responsibilities and functions assigned under the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and the Federal Civil Defense Act, as amended (50 U.S.C. App. 2251 et seq.), concerning rural credit and financial assistance.

(f) Related to Indian affairs. Coordinate the Department's programs involving assistance to American Indians except civil rights.

(g) Related to Energy. (1) Provide Department-wide operational support and coordination for loan and grant programs to foster and encourage the production of fuels from agricultural and forestry products or by-products.

(2) Participate as a Department representative at conferences, meetings and other contacts including liaison with the Department of Energy and other government agencies and departments with respect to implementation of established Department energy policy.

(3) Serve as Co-Chairperson of the Energy Coordinating Committee of the Department.

[38 FR 14948, June 7, 1973, as amended at 38 FR 24633, Sept. 10, 1973; 39 FR 16470, May 9, 1974; 40 FR 33024, Aug. 6, 1975; 43 FR 22001, May 23, 1978; 44 FR 26057, May 4, 1979; 44 FR 30313 May 25, 1979; 45 FR 52355, Aug. 7, 1980, 45 FR 66445, Oct. 7, 1980; 46 FR 19215, Mar. 30, 1981, 46 FR 23914, Apr. 29, 1981]

§ 2.24 [Reserved]

§ 2.25 Delegations of authority to the Assistant Secretary for Administration. The following delegations of authority are made by the Secretary of Agriculture to the Assistant Secretary for Administration:

(a) Related to administrative law judges. (1) Assign, after appropriate consultation with other general officers, to the Office of Administrative Law Judges proceedings not subject to sections 556 and 557 of title 5, United States Code, involving the holdings of hearings and performance of related duties pursuant to the applicable rules of practice, when the Assistant Secretary for Administration determines that because of the nature of the proceeding it would be desirable for the proceeding to be presided over by an Administrative Law Judge and that such duties and responsibilities would not be inconsistent with those of an Administrative Law Judge.

(2) Provide administrative supervision of the Office of Administrative Law Judges.

(3) Maintain overall responsibility and control over the Hearing Clerk's activities which include the custody of and responsibility for the control, maintenance, and servicing of the original and permanent records of all USDA administrative proceedings conducted under the provisions of Sections 7 and 8 of the Administrative Procedures Act:

(i) Receiving, filing and acknowledging the receipt of complaints, petitions, answers, briefs, arguments, and all other documents that may be submitted to the Secretary or the Department of Agriculture in such proceedings.

(ii) Receiving and filing complaints, notices of inquiry, orders to show cause, notices of hearing, designations of Administrative Law Judges or presiding officers, answers, briefs, arguments, orders, and all other documents that may be promulgated or issued by the Secretary or other duly authorized officials of the Department of Agriculture in such proceedings.

(iii) Supervising the service upon the parties concerned of any documents that are required to be served, and where required, preserving proof of service.

(iv) Keeping a docket record of all such documents and proceedings.

(v) Filing a stenographic record of each administrative hearing.

(vi) Preparing for certification and certifying under the Secretary's facsi

mile signature, material on file in the Hearing Clerk's office.

(vii) Performing any other clerical duties with respect to the documents relative to such proceedings as may be required to be performed.

(viii) Cooperating with the Office of Operations in the letting of contracts for stenographic and reporting services; and forwarding vouchers to appropriate agencies for payment.

(ix) Receiving and compiling data, views or comments filed in response to notices of proposed standards or rules or regulations.

(x) Performing upon request the following services with respect to any hearings in such proceedings:

(a) Arranging for suitable hearing place.

(b) Arranging for stenographic reporting of hearings and handling details in connection therewith.

(b) Related to operations and finance. (1) Promulgate departmental policies, standards, techniques, and procedures, and represent the Department in the following areas:

(i) Contracting for and the procurement of administrative and operating supplies, services, and construction.

(ii) Socioeconomic programs related to contracting, excepting matters otherwise assigned.

(iii) Utilization of the resources of State and local governments and of the private sector in domestic program operations.

(iv) Selection, standardization, and simplification of program delivery processes utilizing grants, contracts, and/or agreements.

(v) Acquisition, leasing, utilization, value analysis, construction, maintenance, and disposition of real and personal property including control of space assignments and use.

(vi) Acquisition, storage, distribution, and disposition of forms and supplies.

(vii) Telecommunications. (viii) Mail management.

(ix) Motor Vehicle Fleet and other vehicular transportation.

(x) Transportation of things.

(xi) Prevention, control, and abatement of air and water pollution at Federal facilities (Executive Order 11507).

(xii) Implementation of the Uniform Relocation Assistance and Real Property Policies Act of 1970 (Pub. L. 91646).

(xiii) Develop and implement energy management actions related to the internal operations of the Department. Maintain liaison with other Government agencies in these matters.

(2) Operate or provide for the operation of centralized departmental services to provide printing, copy reduction, offset composition, supply, telephone, telegraph, mail, automated mailing lists, excess property pool, space allocation, central Secretary's records, departmental administrative regulations and Secretarial issuances, and related management support.

(3) Exercise following special authorities.

(i) Designate Department debarring officer to perform the functions of 41 CFR Subpart 1-1.6 and 41 CFR 41.601-1(a).

(ii) Promulgate Department schedule of fees and charges for reproductions, furnishing of copies and making searches for official records pursuant to the Freedom of Information Act, 5 U.S.C. 552.

(iii) Conduct liaison with the Office of the Federal Register including the making of required certification pursuant to 1 CFR Part 4.

(iv) Maintain custody and permit appropriate use of the official seal of the Department.

(v) Promulgate policy for use of the official flags of the Secretary and the Department.

(vi) Coordinate collection of historical materials for Presidential Libraries.

(vii) Oversee the safeguarding of unclassified materials designated "For Official Use Only."

(viii) Establish standards for and coordinate the issuance of employee identification credentials within the Department.

(4) Exercise authority to:

(i) Make determinations and findings authorizing the use of negotiation in accordance with 41 U.S.C. 252(c) (11), (12), and (13) with respect to purchases and contracts:

(a) For experimental, developmental, or research work, or for the manu

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(b) For property or services when the character, ingredients, or components thereof are such that the contract should not be publicly disclosed.

(c) For technical equipment when it is determined that the procurement thereof without advertising is necessary in special situations or in particular localities in order to assure standardization of equipment and interchangeability of parts and where such standardization and interchangeability is necessary in the public interest.

(ii) Make determinations and findings authorizing the omission of the examination of records clause from contracts with foreign contractors and foreign subcontractors under the authority granted in 41 U.S.C. 304(c) (41 CFR 1-3.303; 1-6.1004).

(5) Exercise general responsibility and authority for all matters related to the administration of the Department's accounting and finance operations including:

(i) Financial administration, including accounting and related activities.

(ii) Development, maintenance and operation of Department-wide payroll and personnel statistics, payment, billing and collection, and accounting and related reporting systems.

(6) Formulate and promulgate departmental financial policies, procedures, and regulations.

(7) Provide staff assistance for the Secretary, general officers, and other Department and agency officials.

(8) Review financial aspects of agency operations and proposals.

(9) Represent the Department in contacts with the General Accounting Office, the Treasury Department, the Office of Management and Budget, and other organizations or agencies on matters related to assigned responsibilities.

(10) Designate the Department's Director of Finance.

(11) Provide management support services for the National Finance Center and, by agreements with agency heads concerned, provide such services for other USDA tenants housed in the same facility. As used

herein, such management support service shall include:

(i) Personnel services, as listed in § 2.25 (e) (10), and organizational support services, with authority to take actions required by law or regulation to perform such services.

(ii) Procurement, property management, space management, communications, messenger, paperwork management, and related administrative services, with authority to take actions required by law or regulation to perform such services.

(12) Administer the Department's records, forms, reports, and directives management programs.

(13) Manage and operate the total USDA data processing program through all stages of the data processing management cycle: advance planning, feasibility, design, equipment selection and acquisition readiness effort, systems installation, system impact appraisal, time sharing and service center arrangement, systems monitoring, evaluation, and security.

(14) Exercise full Department-wide contracting and procurement authority for automatic data processing and data transmission equipment, software, services maintenance, and related supplies. This authority includes the promulgation of departmental directives regulating the management of contracting and procurement functions related to the above.

(15) Plan, develop, install, and manage departmental data bases and assist in maintenance of such systems to satisfy agency needs.

(16) Develop an integrated computer network for use by Department agencies and offices.

(c) Related to management. (1) Administer the Department's management improvement program including the provision of assistance to agencies through management studies and planning review; review the management and operating policies and processes; search for more economical approaches to the conduct of business and provide such other assistance as will aid in improving the management effectiveness and operation of the Department's programs.

(2) [Reserved]

(3) Administer the Department's management review program. This authority includes the development and promulgation of departmental directives regulating the management review function.

(4) Develop, design, install, and revise systems, processes, work methods, and techniques, and undertake other system engineering efforts to improve the management and operational effectiveness of the USDA.

(5) [Reserved]

(6) Serve as Acquisition Executive in USDA to integrate and unify the management process for the Department's major system acquisitions and to monitor implementation of the policies and practices set forth in OMB Circular No. A-109: Major Systems Acquisitions. This delegation includes the authority to:

(i) Insure that OMB Circular No. A– 109 is effectively implemented in USDA and that the management objectives of the Circular are realized.

(ii) Designate the program manager for each major system acquisition.

(iii) Designate any departmental acquisition as a major system acquisition under A-109.

(d) Related to management services. (1) Provides management support services for the Secretary of Agriculture and for the general officers of the Department, except the Inspector General. As used herein, such management support services shall include:

(i) Budget, accounting, and related financial management services, with authority to take actions required by law or regulation to discharge such services for working capital funds, and general appropriated and trust funds.

(ii) Personnel services, as listed in § 2.25(e)(10), and organizational support services, with authority to take actions required by law or regulation to perform such services.

(iii) Procurement, property management, space management, communications, messenger, paperwork management, and related administrative services, with authority to take actions required by law or regulation to perform such services.

(2) Provide such of the above services, as may be agreed, for other officers and agencies of the Department.

(e) Related to personnel. (1) Formulate and issue Department policy, standards, rules, and regulations relating to personnel.

(2) Provide personnel management procedural guidance and operational instructions.

(3) Design and establish personnel data systems.

(4) Inspect and evaluate personnel management operations and issue instructions or take direct action to insure conformity with appropriate laws, Executive orders, Civil Service Commission rules and regulations, and other appropriate rules and regulations.

(5) Exercise final authority in all personnel matters, including individual cases, that involve the jurisdiction of more than one General Officer.

(6) Receive, review, and recommend action on all requests for the Secretary's approval in personnel matters.

(7) Make final decisions on complaints, adverse actions, and grievance appeals, except in those cases where the Assistant Secretary for Administration has participated, when it is determined that such complaint, adverse action, or grievance appeals are not being decided in a timely manner.

(8) Represent the Department in personnel matters in all contacts outside the Department.

(9) Exercise specific authorities in the following operational matters:

(i) Authorize cash awards above $2,500.

(ii) Waive repayment of training expenses where employee fails to fulfill service agreement.

(iii) Establish or change standards and plans for awards to private citizens.

(iv) Execute, change, extend, or

renew:

(a) Labor-management agreements. (b) Association of Management Officials or Supervisor's Agreements.

(v) Represent any part of the Department in all contacts and proceedings with the National Offices of Labor Organizations.

(vi) Change a position (with no material change in duties) from GS to a pay system other than a wage system, or vice versa.

(vii) Grant restoration rights, and release employees with administrative reemployment rights.

(viii) Change working hours for groups of 50 or more employees in the Washington, D.C., metropolitan area.

(ix) Authorize any mass dismissals of employees in the Washington, D.C., metropolitan area.

(x) Approve "normal line of promotion" cases in the excepted service where not in accordance with time-ingrade criteria.

(xi) Make final decisions on formal grievance, adverse action and performance rating appeals in all cases where the Deciding Official:

(a) Was involved directly in the grievance, adverse action, or performance rating appeal, or

(b) Made the informal decision, or (c) Determines that the Examiner's findings or Committee's recommendations is unacceptable.

(xii) Make the final decision on all classification appeals from agency appellate decisions.

(xiii) [Reserved]

(xiv) Authorize all employment actions (except nondisciplinary separations and LWOP) and classification actions for GS-16-18 and equivalent positions including Senior Executive Service positions and special authority professional and scientific positions responsible for carrying out research and development functions.

(a) GS-16-18 and equivalent, and (b) Region-, area-, State-, and country-wide administration.

(xv) [Reserved]

(xvi) Authorize all employment actions (except LWOP) for the following positions:

(a) Schedule C, and

(b) Administrative law judge.

(xvii) Authorize employment actions (accessions or extensions) for the following:

(a) Experts and consultants.

(b) Employees whose records are flagged.

(c) Contract services.

(xviii) Authorize employment actions (accessions or extensions and transfers) for the following:

(a) Persons with criminal or immoral records.

(b) Persons separated for misconduct, delinquency, or resignation, to avoid such action.

(c) Veterans with dishonorable or other than dishonorable discharge. (xix) [Reserved]

(xx) Authorize adverse actions for positions in GS-14-15 and equivalent. (xxi) Approve assignments to White House details.

(xxii) Authorize adverse actions based in whole or in part on an allegation of violation of Subchapter III, Chapter 73, 5 U.S.C. for employees in the excepted service.

(xxiii) Authorize long-term training in programs which require Department-wide competition.

(xxiv) Issue all Coordinated Federal Wage System (CFWS) DepartmentLithowide Wage Schedules, and graphic Wage Schedules in the Washington, D.C. metropolitan area.

(xxv) Initiate and take adverse action in cases involving a violation of the merit system.

(10) As used herein, the term personnel includes:

(i) Position management.
(ii) Position classification.
(iii) Employment.

(iv) Pay administration.

(v) Automation of personnel data and systems design.

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