(2) Organize and direct the activities of a public affairs office to include press relations of the secretary of agriculture and other executive functions and services for general officers of the Department.

(c) Related to information activities. (1) advise the secretary and general officers in the planning, development, and execution of Department policies and programs.

(2) Direct and coordinate the overall formulation and development of policies, programs, plans, procedures, standards and organization structures and staffing patterns for the information activities of the Department and its agencies, both in Washington and in the field.

(3) Exercise final review and approval of all public information material prepared by the Department and its agencies and select the most effective method and audience for distributing this information.

(4) Determine policy for all Departmental communication activities and agency information activities so that all provide leadership and centralized operational direction for department and agency information activities so that all material shall effectively support Department policies and programs, including the defense program.

(5) Represent the Department with the Joint Committee on Printing of the Congress, the Government Printing Office, and other Federal and State agencies on information matters.

(6) Cooperate with and secure the cooperation of commercial, industrial and other nongovernmental agencies and concerns regarding information work as required in the execution of the Department's programs.

(7) Plan and direct communication research and training for the Department and its agencies.

(8) Advise general officers and agency Heads on application of information policies to comply with provisions of the "Freedom of Information Act" (5 U.S.C. 552), and provide consultation to general officers when there is a recommendation within the department or its agencies to deny written requests for information under the Freedom of Information Act.

(9) Supervise and provide leadership and final clearance for the planning, production, and distribution of visual information material for the department and its agencies in Washington, D.C., and the field, and provide such information services as may be deemed necessary.

(10) Maintain overall responsibility and control over the preparation of the "Agricultural Decisions."

(d) Related to intergovernmental affairs. (1) Coordinate all programs involving intergovernmental affairs including State and local government relations and liaison with:

National Association of State Departments of Agriculture.

Federal Preparedness Agency.

Defense Civil Preparedness agency.
Office of Intergovernmental

(Office of Vice President).

Relations

Advisory Commission on Intergovernmental
Relations.

Council of State Governments.
National Governors Conference.
National Association of Counties.
National League of Cities.
International City Managers Association.
U.S. Conference of Mayors.

Such other State and Fdedral agencies, departments and organizations as are necessary in carrying out the responsibilities of this office.

(2) Coordinate the Departments emergency preparedness program and disaster emergency response program including maintenance of an appropriate system whereby the Department can react immediately when notified of a civil defense or natural disaster emergency.

(3) Maintain an overview of emergency relocation facilities and assure that resources are in a constant state of readiness.

(4) Maintain oversight of the activities of USDA representatives to the 10 Federal Regional councils.

(5) Serve as the USDA contact with the Advisory Commission on Intergovernmental Relations for implementation of OMB Circular A-85 to provide advance notification to state and local governments of proposed changes in Department programs that affect such governments.

(6) Act as the department representative for Federal executive board matters.

(7) Direct the entire defense program of USDA. This includes: (i) Maintaining liaison with executive departments and the Congress with respect to policy matters; (ii) supervising and directing USDA regional emergency stalls and USDA State and county emergency boards; (iii) directing the USDA part of the national defense executive reserve program; (iv) providing policy guidance to USDA agencies in carrying out specific defense assignments; and (v) representing the Department in matters relating to international defense organizations, such as NATO and its suborganizations.

(8) Coordinate and facilitate USDA operations of natural disaster programs, including liaison with executive departments and the congress in disaster matters.

(9) Administer the implementation of the National Historic Preservation Act of 1966, Executive Order 11593, and regulations of the Advisory Council on Historic Preservation, 26 CFR Part 800, for the Department of Agriculture with authority to name the Secretary's designee to the Advisory Council on Historic Preservation.

[42 FR 60721, Nov. 29, 1977, as amended at 43 FR 28979, July 5, 1978; 45 FR 10751, Feb. 19, 1980; 46 FR 47750, Sept. 30, 1981]

Subpart D-Delegation of Authority to Other General Officers and Agency Heads

§ 2.31 Delegation of authority to the General Counsel.

The General Counsel, as the chief law officer of the Department, is legal adviser to the Secretary and other officials of the Department and responsible for providing legal services for all the activities of the Department. The delegations of authority by the Secretary of Agriculture to the General Counsel include the following:

(a) Consider, ascertain, adjust, determine, compromise, and settle claims pursuant to the Federal Tort Claims Act, as amended, (28 U.S.C. 26712680), and the regulations of the At

torney General contained in 28 CFR Part 14.

(b) Determine, settle, and pay claims submitted by employees of the Department under the Military Personnel and Civilian Employees Claims Act of 1964, as amended (31 U.S.C. 240243).

(c) Certify documents as true copies of those on file in the Department pursuant to 28 U.S.C. 1733.

(d) Sign releases of claims of the United States against private persons for damage to or destruction of property of the Department.

(e) Make determinations under 41 CFR 1-2.406-3 relating to mistakes in bids disclosed before award of procurement contracts.

(f) Designate the Chairman and Alternate Chairman, Board of Forest Appeals established pursuant to 36 CFR 211.23.

(g) Make determinations as to whether employees of the Department may retain commercial rights in inventions; prepare patent applications and prosecute the same before the Patent Office.

(h) Represent the Department in formal rulemaking and adjudicatory proceedings held in connection with the administration of the Department's activities, and decide whether initial decisions of the administrative law judges shall be appealed by the Department to the Secretary.

(i) Represent the Department in connection with legal issues that arise in its relations with the Congress, the General Accounting Office, or other agencies of the Government.

(j) Represent the Department in proceedings before the Interstate Commerce Commission involving freight rates on farm commodities, and in appeals from decisions of the Commission to the courts.

(k) In civil actions arising out of the activities of the Department, present the Department's case to the Attorney General and U.S. attorneys and, upon request of the Department of Justice assist in the preparation and trial of such cases.

(1) Review cases having criminal aspects and refer them to the Department of Justice.

loans for rural telephone facilities and service.

the

Consolidated

(3) Administer 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 ponsibilities and functions assigned der the Defense Production Act of 50, as amended (50 U.S.C. App. 2061 seq.), and the Federal Civil Defense t, as amended (50 U.S.C. App. 2251 seq.), concerning rural credit and fincial assistance.

f) Related to Indian affairs. Coordite the Department's programs inlving assistance to American Indians cept 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 proIceeding 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 superviIsion 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. 91– 646).

(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

facture, or furnishing of property for experimentation, development, research, or test.

(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]