(a)
(b) Pursuant to § 2.24(a), subject, to reservations in § 2.24(b), the following delegation of authority is made by the Assistant Secretary for Administration to the Deputy Assistant Secretary for Administration, to be exercised only during the absence or unavailability of the Assistant Secretary: Perform all the duties and exercise all the powers which are now or which may hereafter be delegated to the Assistant Secretary for Administration.
(a)
(1) The Director, Office of Small and Disadvantaged Business Utilization, under the supervision of the Assistant Secretary for Administration, has specific responsibilities under the Small Business Act, 15 U.S.C. 644(k). These duties include being responsible for the following:
(i) Administering the Department's small and disadvantaged business activities related to procurement contracts, minority bank deposits, and grants and loan activities affecting small and minority businesses including women-owned business, and the small business, small minority business, and small women-owned business subcontracting programs;
(ii) Providing Departmentwide liaison and coordination of activities related to small, small disadvantaged, and women-owned businesses with the Small Business Administration and others in public and private sector;
(iii) Developing policies and procedures required by the applicable provision of the Small Business Act, as amended, to include the establishment of goals; and
(iv) Implementing and administering programs described under sections 8 and 15 of the Small Business Act, as amended (15 U.S.C. 637 and 644).
(b) [Reserved]
(a)
(1) Provide services for Department headquarters in the Washington, DC metropolitan area and at emergency relocation sites and certain critical facilities specified by the Assistant Secretary for Administration in the following areas:
(i) Acquiring, leasing, utilizing, constructing, maintaining, and disposing of real and personal property, including control of space assignments.
(ii) Acquiring, storing, distributing, and disposing of forms.
(iii) Mail management and all related functions.
(iv) Occupational health services and related functions.
(2) Operating centralized Departmental services to provide printing,
(3) Providing property management, space management, messenger, communications, and other related services with authority to take actions required by law or regulation to perform such services for:
(i) The Secretary of Agriculture;
(ii) The general officers of the Department;
(iii) The offices and agencies reporting to the Assistant Secretary for Administration;
(iv) Any other offices or agencies of the Department as may be agreed; and
(v) Other federal, state, or local government organizations on a cost recovery basis.
(4) Represent the Department in contacts with other organizations or agencies on matters related to assigned responsibilities.
(5) Promulgate Departmental regulations, standards, techniques, and procedures and represent the Department in maintaining the security of physical facilities, self-protection, and warden services, in the Washington, DC metropolitan area.
(6) Provide internal administrative management and support services for the defense program of the Department.
(7)
(8) Manage the Department Emergency Operations Center and alternate facilities.
(b) [Reserved]
(a)
(1) Formulate and issue Department policy, standards, rules and regulations relating to human resources management.
(2) Provide human resources management procedural guidance and operational instructions.
(3) Set standards for human resources data systems.
(4) Inspect and evaluate human resources management operations and issue instructions or take direct action to insure conformity with appropriate laws, Executive Orders, Office of Personnel Management rules and regulations, and other appropriate rules and regulations.
(5) Exercise final authority in all human resources matters, including individual cases, that involve the jurisdiction of more than one General Officer, or agency head.
(6) Receive, review, and recommend action on all requests for the Secretary's or Assistant Secretary for Administration's approval in human resources matters.
(7) Authorize and make final decisions on adverse actions except in those cases where the Assistant Secretary for Administration or the Director, Office of Human Resources Management, has participated.
(8) Represent the Department in human resources matters in all contacts outside the Department.
(9) Exercise specific authorities in the following operational matters:
(i) Waive repayment of training expenses where an employee fails to fulfill service agreement;
(ii) Establish or change standards and plans for awards to private citizens; and
(iii) Execute, change, extend, or renew:
(A) Labor-Management Agreements; and
(B) Associations of Management Officials' or Supervisors' Agreements.
(iv) Represent any part of the Department in all contacts and proceedings with the National Offices of Labor Organizations.
(v) Change a position (with no material change in duties) from one pay system to another;
(vi) Grant restoration rights, and release employees with administrative reemployment rights;
(vii) Authorize any mass dismissals of employees in the Washington, DC metropolitan area;
(viii) Approve “normal line of promotion” cases in the excepted service where not in accordance with time-in grade criteria;
(ix) Make the final decision on all classification appeals filed with the Department of Agriculture;
(x) Authorize all employment actions (except nondisciplinary separations and LWOP) and classification actions for senior level and equivalent positions including Senior Executive Service positions and special authority professional and scientific positions responsible for carrying out research and development functions;
(xi) Authorize all employment actions (except LWOP) for the following positions:
(A) Schedule C;
(B) Non-career Senior Executive Service or equivalent; and
(C) Administrative Law Judge.
(xii) Authorize and make final decisions on adverse actions for positions in GS-1-15 or equivalent;
(xiii) Authorize and make final decisions on adverse actions for positions in the career Senior Executive Service or equivalent;
(xiv) Approve the details of Department employees to the White House;
(xv) Authorize adverse actions based in whole or in part on an allegation of violation of 5 U.S.C. chapter 73, subchapter III, for employees in the excepted service;
(xvi) Authorize long-term training in programs which require Departmentwide competition; and
(xvii) Initiate and take adverse action in cases involving a violation of the merit system.
(10) As used in this section, the term human resources includes:
(i) Position management;
(ii) Position classification;
(iii) Employment;
(iv) Pay administration;
(v) Automated human resources data and systems;
(vi) Hours of duty;
(vii) Performance management;
(viii) Promotions;
(ix) Employee development;
(x) Incentive programs;
(xi) Leave;
(xii) Retirement;
(xiii) Human resource program management evaluation;
(xiv) Social security;
(xv) Life insurance;
(xvi) Health benefits;
(xvii) Unemployment compensation;
(xviii) Labor management relations;
(xix) Intramanagement consultation;
(xx) [Reserved]
(xxi) Discipline; and
(xxii) Appeals.
(11) Provide human resource services, as listed in paragraph (a)(10) of this section; and organizational support services; with authority to take actions required by law or regulation to perform such services for:
(i) The Secretary of Agriculture;
(ii) The general officers of the Department;
(iii) The offices reporting to the Assistant Secretary for Administration; and
(iv) Any other officer or agency of the Department as may be agreed.
(12) Maintain, review, and update Departmental delegations of authority.
(13) Recommend authorization of organizational changes which occur in:
(i) Departmental organizations:
(A) Agency or office;
(B) Division (or comparable component); and
(C) Branch (or comparable component in Departmental centers, only).
(ii) Field organizations;
(A) First organizational level; and
(B) Next lower organizational level-required only for those types of field
(14) Formulate and promulgate Departmental policies regarding reorganizations.
(15) Establish Departmentwide safety and health policy and provide leadership in the development, coordination, and implementation of related standards, techniques, and procedures, and represent the Department in complying with laws, Executive Orders and other policy and procedural issuances and related to occupational safety and health within the Department.
(16) Represent the Department in all rulemaking, advisory, or legislative capacities on any groups, committees, or Government wide activities that affect the USDA Occupational Safety and Health Management Program.
(17) Determine and provide Departmentwide technical services and regional staff support for the safety and health programs.
(18) Administer the computerized management information systems for the collection, processing, and dissemination of data related to the Department's occupational safety and health programs.
(19) Administer the administrative appeals process related to the inclusion of positions in the Testing Designated Position listing in the Department's Drug-Free Workplace Program and designate the final appeal officer for that Program.
(20) Administer the Department's Occupational Health and Prevention Medical Program, as well as design and operate employee assistance and workers' compensation activities.
(21) Provide education and training on a Departmentwide basis for safety and health-related issues and develop resource and operational manuals.
(22) Oversee and manage the Department's administrative grievance program.
(23) Make final decisions in those cases where an agency head has appealed the recommended decision of a grievance examiner.
(24) Formulate and issue Department policy, standards, rules, and regulations relating to the Senior Scientific Research Service (7 U.S.C. 7657).
(25) Redelegate, as appropriate, any authority delegated under this section to general officers of the Department and heads of Departmental agencies.
(b)
(1) Authorize organizational changes occurring in a Department agency or staff office which affect the overall structure of that service or office;
(2) [Reserved]
(a)
(1) Promulgate policies, standards, techniques, and procedures, and represent the Department, in the following:
(i) Acquisition, including, but not limited to, the procurement of supplies, services, equipment, and construction;
(ii) Socioeconomic programs relating to contracting;
(iii) Selection, standardization, and simplification of program delivery processes utilizing contracts;
(iv) Acquisition, leasing, utilization, value analysis, construction, maintenance, and disposition of real and personal property, including control of space assignments;
(v) Motor vehicle and aircraft fleet and other vehicular transportation;
(vi) Transportation of things (traffic management);
(vii) [Reserved]
(viii) Implementation of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601,
(ix) Development and implementation of energy management and environmental actions related to acquisition and procurement, real and personal property management, waste prevention and resource recycling, and logistics. Maintain liaison with the Office of the Federal Environmental Executive, the Department of Energy, and other Government agencies in these matters.
(2) Exercise the following special authorities:
(i) The Director, Office of Procurement and Property Management, is designated as the Departmental Debarring Officer and authorized to perform the functions of 48 CFR part 9, subpart 9.4 related to procurement activities, except for commodity acquisitions on behalf of the Commodity Credit Corporation (7 CFR part 1407), with authority to redelegate suspension and debarment authority for contracts awarded under the School Lunch and Surplus Removal Programs (42 U.S.C. 1755 and 7 U.S.C. 612c);
(ii) Conduct liaison with the Office of Federal Register (1 CFR part 16) including the making of required certifications pursuant to 1 CFR part 18;
(iii) Maintain custody and permit appropriate use of the official seal of the Department;
(iv) Establish policy for the use of the official flags of the Secretary and the Department;
(v) Coordinate collection and disposition of personal property of historical significance;
(vi) Make information returns to the Internal Revenue Service as prescribed by 26 U.S.C. 6050M and by 26 CFR 1.6050M-1 and such other Treasury regulations, guidelines or procedures as may be issued by the Internal Revenue Service in accordance with 26 U.S.C. 6050M. This includes making such verifications or certifications as may be required by 26 CFR 1.6050M-1 and making the election allowed by 26 CFR 1.6050M-1(d)(5)(1).
(vii) Promulgate regulations for the management of contracting and procurement for information technology and telecommunication equipment, software, services, maintenance and related supplies; and
(viii) Represent the Department in contacts with the General Accounting Office, the General Services Administration, the Office of Management and Budget, and other organizations or agencies on matters related to assigned responsibilities; and
(ix) Redelegate, as appropriate, the authority in paragraph (a)(10) of this section to agency Property Officials or other qualified agency officials with no power of further redelegation.
(3) Exercise authority under the Department's Acquisition Executive (the Assistant Secretary for Administration) 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 A-109, Major Systems Acquisitions, with the exception that major system acquisitions for information technology shall be under the cognizance of the Chief Information Officer. This delegation includes the authority to:
(i) Insure that OMB Circular A-109 is effectively implemented in the Department and that the management objectives of the Circular are realized;
(ii) Review the program management of each major system acquisition, excluding information technology;
(iii) Designate the program manager for each major system acquisition, excluding information technology; and
(iv) Designate any Departmental acquisition, excluding information technology, as a major system acquisition under OMB Circular A-109.
(4) Pursuant to Executive Order 12931, 3 CFR, 1994 Comp., p. 925, and sections 16, 22, and 37 of the Office of Federal Procurement Policy Act, as amended, 41 U.S.C. 414, 418(b), and 433, serve as the Senior Procurement Executive for the Department with responsibility for the following:
(i) Prescribing and publishing Departmental acquisition policies, regulations, and procedures;
(ii) Taking any necessary actions consistent with policies, regulations, and procedures, with respect to purchases, contracts, leases, and other transactions;
(iii) Designating contracting officers;
(iv) Establishing clear lines of contracting authority;
(v) Evaluating and monitoring the performance of the Department's procurement system;
(vi) Managing and enhancing career development of the Department's acquisition work force;
(vii) Participating in the development of Governmentwide procurement policies, regulations and standards, and determining specific areas where Governmentwide performance standards should be established and applied;
(viii) Developing unique Departmental standards as required,
(ix) Overseeing the development of procurement goals, guidelines, and innovation;
(x) Measuring and evaluating procurement office performance against stated goals;
(xi) Advising the Assistant Secretary whether procurement goals are being achieved;
(xii) Prescribing standards for agency Procurement Executives and designating agency Procurement Executives when these standards are not met;
(xiii) Redelegating, as appropriate, the authority in paragraph (a)(5)(i) of this section to agency Procurement Executives or other qualified agency officials with no power of further redelegation; and
(xiv) Redelegating the authorities in paragraphs (a)(5)(ii), (iv), (vi), and (vii) of this section to agency Procurement executives or other qualified agency officials with the power of further redelegation.
(5) Represent the Department in establishing standards for acquisition transactions within the electronic data interchange environment.
(6) [Reserved]
(7) Designate the Departmental Task Order Ombudsman pursuant to 41 U.S.C. 253j.
(8) Promulgate Departmental policies, standards, techniques, and procedures and represent the Department in maintaining the security of physical facilities nationwide.
(9) [Reserved]
(10) Promulgate policy and obtain and furnish excess Federal personal property in accordance with section 923 of Public Law 104-127, in support research, educational, technical and scientific activities or for related programs, to:
(i) Any 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994, (Public Law 103-382; 7 U.S.C. 301 note));
(ii) Any Institutions eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321
(iii) Any Hispanic-serving Institutions (as defined in sections 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c (b)).
(11) Issue regulations and directives to implement or supplement the Federal Acquisition Regulations (48 CFR chapters 1 and 4).
(12) Issue regulations and directives to implement or supplement the Federal Management Regulation (41 CFR part 102) and the Federal Property Management Regulations (41 CFR chapters 101).
(13) Exercise full Departmentwide contracting and procurement authority.
(14) Conduct acquisitions with authority to take actions required by law or regulation to procure supplies, services, and equipment for:
(i) The Secretary of Agriculture;
(ii) The general officers of the Department;
(iii) The offices and agencies reporting to the Assistant Secretary for Administration;
(iv) Any other offices or agencies of the Department as may be agreed; and
(v) For other federal, state, or local government organizations on a cost recovery basis.
(15) Pursuant to the Office of Federal Procurement Policy Act (Act), as amended (41 U.S.C. 401,
(i) Reviewing the procurement activities of the Department;
(ii) Developing new initiatives to increase full and open competition;
(iii) Developing goals and plans and recommending actions to increase competition;
(iv) Challenging conditions unnecessarily restricting competition in the acquisition of supplies and services;
(v) Promoting the acquisition of commercial items; and
(vi) Designating an Advocate for Competition for each procuring activity within the Department.
(16)
(i) Providing guidance and direction regarding continuity of operations to Departmental staff offices, mission areas, and agencies.
(ii) Representing and acting as liaison for the Department in contacts with other Federal entities and organizations concerning matters of assigned responsibilities.
(iii) Overseeing Department continuity of operations, planning, and emergency relocation facilities to ensure that resources are in a constant state of readiness.
(17)
(ii) Promulgate policies, standards, techniques, and procedures, and represent the Department, in prevention, control, and abatement of pollution with respect to Federal facilities and activities under the control of the Department (Executive Order 12088, 3 CFR 1978 Comp., p. 243).
(iii) Review and approve exemptions for USDA contracts, subcontracts, grants, agreements, and loans from the requirements of the Clean Air Act, as amended (42 U.S.C. 7401,
(iv) Provide program leadership and oversight for USDA compliance with applicable pollution control laws and executive orders, including Executive Order 13148, Greening of the Government Through Leadership in Environmental Management.
(v) Coordinate USDA waste prevention, recycling, and procurement, acquisition and use of recycled products and environmentally preferable products, including biobased products, and services, and serve as USDA Environmental Executive, pursuant to Executive Order 13101.
(vi) Serve as Departmental Administration Member and Executive Secretary of the USDA Hazardous Materials Policy Council.
(vii) Represent USDA in consulting or working with the Environmental Protection Agency (EPA), the Council on Environmental Quality, the Domestic Policy Council, and others to develop policies relating to hazardous materials management and Federal facilities compliance with applicable pollution control laws.
(viii) Monitor, review, evaluate, and oversee hazardous materials management program activities and compliance Department-wide.
(ix) Monitor, review, evaluate, and oversee USDA agency expenditures for hazardous materials management program accomplishments.
(x) Prepare for the USDA Hazardous Materials Policy Council the Hazardous Materials Management Program budget request to the Office of Management and Budget (OMB) and Congress, prepare accomplishment reports to Congress, OMB, and EPA, and take a role in the preparation of replies to Congressional inquires.
(xi) Represent USDA on the National Response Team on hazardous spills and oil spills pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601,
(xii) Approve disbursements from the New World Mine Response and Restoration Account, approve the New World
(xiii) Ensure that the Hazardous Materials Management Program Department-wide is accomplished with regard to, and in compliance with, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.
(xiv) Take such action as may be necessary, with the affected agency head and with the concurrence of the General Counsel, including issuance of administrative orders and agreements with any person to perform any response action under sections 106(a) and 122 (except subsection (b)(1)) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9606(a), 9622), pursuant to sections 4(c)(3) and 4(d)(3) of Executive Order 12580, as amended by Executive Order 13016.
(18)
(i) Direct and administer USDA's personnel security and public trust programs established pursuant to Executive Order 12968, Access to Classified Information (3 CFR 1995 Comp. pp 391-402) and 5 CFR part 731.
(ii) Manage the personnel security functions of the Department including programs for eligibility access determinations, obtaining security clearance for USDA employees, denial or revocation of access to national security information, and developing and promulgating policies training.
(iii) Direct and administer USDA's program under which information is safeguard pursuant to Executive Order 12958, Classified National Security Information.
(iv) Establish Information Security (INFOSEC) policies and procedures for classifying, declassifying, safeguarding, and disposing of classified national security information and materials.
(v) Establish procedures under which authorized holders of information may challenge the classification of information believed to be improperly classified or unclassified.
(vi) Take corrective action for violations or infractions under section 5.7 par. (b), of Executive Order 12958.
(vii) Develop and maintain a secure facility for the receipt and safeguarding of classified material.
(viii) Coordinate security activities with the Chief Information Officer who has primary responsibility for PDD 63, Critical Infrastructure Assurance.
(b) [Reserved]
(a)
(1) Administer a productivity program in accordance with Executive Order 12089, 3 CFR, 1979 Comp., p. 246, and other policy and procedural directives and laws to:
(2) Develop strategies to improve processes with respect to administrative and financial activities of the Department and make recommendations to the Secretary.
(3) Improve Departmental management by: performing management studies and reviews in response to agency requests for assistance; enhancing management decision making by developing and applying analytic techniques to address particular administrative operational and management problems; searching for more economical or effective approaches to the conduct of business; developing and revising systems, processes, work methods and techniques; and undertaking other efforts to improve the management effectiveness and productivity of the Department.
(4) Coordinate Departmental Administration strategic planning and budget activities on behalf of the Assistant Secretary.
(b) [Reserved]
The Director, Office of Ethics, shall be the USDA Alternate Agency Ethics Official, pursuant to 5 CFR 2638.202, and shall exercise the authority reserved to the Designate Agency Ethics Official under 5 CFR part 2638 only in the absence or unavailability of the Designated Agency Ethics Official.