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ous overpayment of pay and allowances to an employee of the Office of the Secretary in amounts aggregating not more than $500 without regard to any repayments, and deny requests for waiver of such claims regardless of the aggregate amount of the claim, as provided by 4 CFR, Parts 91, 92, and 93. This authority may be redelegated only to the Director of Administrative Operations.

(7) Compromise, suspend collection action on, or terminate claims of the United States not exceeding $20,000 which are referred to, or arise out of the activities of, the Office of the Secretary.

and

(8) Determine the existence amount of indebtedness and the method of collecting repayments from employees of the Office of the Secretary and collect repayment accordingly, as provided by 5 U.S.C. 5514. This authority may be redelegated only to the Chief, Accounting Operations Division.

(9) Sign Budget Execution Reports required by OMB Circular A-34, for the Office of the Secretary.

(10) Review and approve for payment any voucher for $25 or less the authority for payment of which is questioned by a certifying or disbursing officer.

(d) Special funds. Except as otherwise delegated, establish or operate, or both, such special funds as may be required by statute or by administrative determination. This includes such special funds as the Working Capital Fund (49 U.S.C. 1657(j)).

(e) Security. (1) Represent the Secretary on the U.S. Communications Security Board and the Interdepartmental Committee on Internal Security.

(2) Issue official credentials "By direction of the Secretary".

(3) Classify information in the interests of national defense.

(4) Take certain classified actions on behalf of the Department in connection with counter-audio programs.

(5) Authorize exceptions to investigative standards for National Defense Reservists.

(6) Determine when emergencies, other than attack on the United States, justify activation of Personnel

Security National Emergency Standby Regulations.

(7) Approve exceptions to the Personnel Security Regulations issued by the Secretary.

(8) Request the Civil Service Commission to modify investigative requirements in certain areas.

(9) Approve exemptions for official identification on Government motor vehicles.

(f) Printing. (1) Request approval of the Joint Committee on Printing, Congress of the United States, for any procurement or other action requiring Committee approval.

(2) Certify the necessity for Departmental periodicals and request approval of the Director of the Office of Management and Budget (OMB Circular No. A-3 Revised as of Sept. 8, 1960).

(g) Document authentication. Emboss and affix the official Departmental seal to appropriate documents and other materials, for all purposes for which authentication by seal is required.

(h) Reports. Process requests for Office of Management and Budget clearance of reports covered by the Federal Reports Act of 1942.

(i) Foreign travel. Review written requests for modification to the Department's foreign travel plan approved by the Office of Management and Budget.

(j) Administrative/Management matters at the Transportation Systems Center. Provide guidance and assistance to the Transportation Systems Center on all administrative/management problems (as distinguished from purely technical matters) and make recommendations to the Deputy Secretary for their disposition.

(k) Gifts and bequests. Carry out the functions vested in the Secretary by section 9(m) of the Department of Transportation Act (Pub. L. 89-670). (1) International Secretariat.

(1) Serve as the Department's point of contact in relationship with the Central Intelligence Agency and the Defense Intelligence Agency.

(2) Serve as the Department's point of coordination for foreign travel, advising operating elements of potential

"overlap" in participation of overseas conferences.

(m) Issue notices of Department of Transportation systems of records as required by the Privacy Act of 1974 (5 U.S.C. 552a(e)(4), (11)).

(n) Building management. Carry out the functions vested in the Secretary by sections 1(b) and 4(b) (as appropriate) of Executive Order 11912.

[Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended by Amdt. 1-114, 41 FR 1288, Jan. 7, 1976; Amdt. 1-118, 41 FR 35849, Aug. 25, 1976; Amdt. 1-122, 41 FR 45011, Oct. 14, 1976; Amdt. 1-124, 41 FR 49487, Nov. 9, 1976; Amdt. 1-126, 41 FR 56327, Dec. 28, 1976; Amdt. 1-128, 42 FR 22366, May 3, 1977; Amdt. 79-12, 44 FR 40641, July 12, 1979; Amdt. 79-16, 44 FR 47937, Aug. 16, 1979; Amdt. 1-143, 44 FR 70164, Dec. 6, 1979: Amdt. 1-153, 45 FR 26068, Apr. 17, 1980]

§ 1.60 Delegations to Assistant Secretary for Systems Development and Technology.

The Assistant Secretary for Systems Development and Technology is delegated authority to—

(a) Plan and recommend to the Secretary an integrated research and development program consistent with the Department's objectives and priorities of interest.

(b) Recommend to the Secretary actions to improve, modify, or disapprove elements of the research and development program as necessary to eliminate unpromising or unnecessarily duplicative projects and to initiate projects indicating promise.

(c) Recommend to the Secretary appropriate funding for the Department's research and development program as part of the planning, programming, and budgeting process.

(d) As the Secretarial Officer having cognizance over the Department's research and development program, participate fully in the planning, programming, and budgeting process whenever Departmental research and development matters are involved.

(e) Assure common use of research facilities of the Department of Transportation and the National Aeronautics and Space Administration, such as high speed ground transportation test facilities.

(f) Assure coordination of research and development efforts in the areas of aircraft noise and sonic boom to be carried out by the Department of Transportation and the National Aeronautics and Space Administration.

(g) Chair the Department of Transportation Research and Development Management Council.

(h) Exercise executive direction of the Transportation Systems Center to ensure its optimum use as a Departmental in-house research, development, and technological facility.

(i) Carry out the functions vested in the Secretary by section 17 (a) and (b) (as it relates to conducting consultations with the Administrator of the Environmental Protection Agency) and section 18 (a) and (b) (as it relates to conducting consultations with the Administrator of the Environmental Protection Agency) of the Noise Control Act of 1972 (Pub. L. 92-574).

§ 1.61 Delegations to Assistant Secretary for Congressional and Intergovernmental Affairs.

The Assistant Secretary for Congressional and Intergovernmental Affairs is delegated authority to establish procedures for responding to congressional correspondence and review all replies on matters having policy implications, with final authority to coordinate, with other offices, any replies he deems necessary.

§ 1.62 Delegations to Director of the Transportation Systems Center.

The Director of the Transportation Systems Center is delegated authority to

(a) Redelegate and authorize successive redelegations of authority granted by the Secretary/Deputy Secretary except as limited by law or specific administrative reservations.

(b) Administer the operation of the Transportation Systems Center and perform the functions described in his functional statement.

(c) Communicate and confer with other Government agencies, private industry, educational institutions, and the transportation community in matters related to the mission, functions and programs of the Transportation Systems Center.

(d) Negotiate with and agree upon work to be performed or services to be provided by the Transportation Systems Center, with suitable funding arrangements, for the Office of the Secretary and the operating administrations; and for other Federal agencies, with the concurrence of the Assistant Secretary for Systems Development and Technology. Such work or services shall conform to the Center's mission and comply with the program guidelines of the funding organization.

(e) Negotiate agreements, with the concurrence of the Assistant Secretary for Systems Development and Technology, for services to be provided to State governments or political subdivisions thereof, or private parties, under 42 U.S.C. 4222 or 49 U.S.C. 1657(n); and administer and use monies collected for such services, within such policies and procedures as may be established by the Assistant Secretary for Administration.

(f) Recommend to the Assistant Secretary for Administration actions for improved management through organizational changes, realignment of resources, and other innovations designed to increase the effectiveness, productivity, and economy of Center operations.

(g) Administer and conduct personnel management for the Transportation Systems Center as follows:

(1) Establish and classify positions under the General Schedule at GS-1 through GS-15.

(2) Establish and evaluate trade, craft and laboring positions under the Federal Wage System.

(3) Effectuate personnel actions to appoint, pay, promote, demote, reassign, separate and remove employees; except that all appointments to positions at grades GS-13 through GS-15 from outside the Department of Transportation and all appointments to positions in Schedules A, B, and C of the Excepted Service shall be subject to the approval of the Deputy Secretary.

(4) Approve training for employees except fulltime training in excess of 90 days' duration which shall be approved by the Assistant Secretary for Administration.

(5) Accord recognition to, consult and negotiate with certified labor organizations and administer labor agreements approved by the Assistant Secretary for Administration.

(6) Administer oaths of office under authority of 5 U.S.C. 2903 incident to entry on duty or otherwise required by law in connection with employment in the Executive Branch.

(h) Authorize and approve official travel (except overseas travel) and transportation for himself, his subordinates, and others performing services for, or in cooperation with, the Transportation Systems Center. The authority for issuing invitational travel orders under this delegation is limited to travel to attend meetings which have been approved by the Assistant Secretary for Systems Development and Technology.

(i) Notwithstanding any other provision of this part, exercise procurement authority with respect to requirements of the Transportation Systems Center, subject to such approvals as the Assistant Secretary for Administration may prescribe for:

(1) Contractual actions involving more than $250,000;

(2) Utility contracts expected to cost $50,000 or more per year;

(3) Solicitations of any bid or proposal for support services; and

(4) Acquisition (new construction, purchase, leasing, or otherwise) and disposal of real property.

(j) Approve determinations and findings relating to advance payments to U.S. educational institutions for research projects, under Federal Procurement Regulation 1-30.405. This authority may not be redelegated.

(k) Enter into inter- and intra-departmental reimbursable agreements other than with the head of another department or agency (31 U.S.C. 686), subject to such approvals as the Assistant Secretary for Administration may prescribe for actions involving more than $250,000. This authority may be redelegated only to office directors or other comparable levels and to contracting officers.

(1) Designate to the Treasury Department certifying officers, designated agents, and imprest fund cashiers,

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(m) Settle and pay claims by employees for personal property losses as provided by 31 U.S.C. 241(b).

(n) Establish ad hoc committees for specific tasks within his assigned area of responsibility.

(0) Establish, modify, extend, or terminate standing committees within his specific area of responsibility when directed or authorized to do so by the Secretary.

[Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended by Amdt. 1-118, 41 FR 31535, July 29, 1976]

§ 1.63 Delegations to Director of Public

Affairs.

The Director of Public Affairs is delegated authority to

(a) Except for reviewing and taking final action on applications for reconsideration of initial decisions not to disclose records of the Office of the Secretary requested under 5 U.S.C. 552(a)(3), administer regulations and procedures governing public access to the unclassified records of the Office of the Secretary, and issue supplementary policies and procedures to insure uniform Departmental implementation of related Secretarial orders and regulations.

(b) Monitor the overall public information program and review and approve Departmental informational materials having policy-making ramifications before they are printed and disseminated.

(c) Carry out the functions vested in the Secretary by section 4(b) (as appropriate) of Executive Order 11912. [Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended by Amdt. 1-118, 41 FR 35849, Aug. 25, 1976]

§ 1.64 Delegations to the Assistant Secretary for Budget and Programs.

The Assistant Secretary for Budget and Programs is delegated authority to

(a) Exercise day-to-day operating management responsibility over the Office of Programs and Evaluation and the Office of Budget.

(b) Direct and manage the Departmental planning, evaluation, and budget activities.

(c) Request apportionment or reapportionment of funds by the Office of Management and Budget, provided that no request for apportionment or reapportionment which anticipates the need for a supplemental appropriation shall be submitted to the Office of Management and Budget without appropriate certification by the Secretary.

(d) Issue allotments or allocations of funds to components of the Department.

(e) Authorize and approve official traver and transportation for staff members of the Immediate Office of the Secretary including authority to sign and approve related travel orders and travel vouchers, but not including requests for overseas travel.

(f) Issue monetary authorizations for use of reception and representation funds.

(g) Act for the Secretary and Deputy Secretary with respect to certain budgetary and administrative matters relating to the Immediate Office of the Secretary.

[Amdt. 1-130, 42 FR 58754, Nov. 11, 1977]

§ 1.65 Delegation to the Director of the Office of Small and Disadvantaged Business Utilization.

The Director of the Office of Small and Disadvantaged Business Utilization is delegated the authority to exercise Departmental responsibility for the implementation and execution of functions and duties under sections 8 and 15 of the Small Business Act, as amended (15 U.S.C. 637 and 644). [Amdt. 79-14, 44 FR 43729, July 26, 1979]

APPENDIX A-DELEGATIONS AND REDELEGATIONS BY SECRETARIAL OFFICERS. 1. Director of Budget. The Assistant Secretary for Budget and Programs has redelegated to the Director of Budget authority to

(a) Request apportionment and reapportionment of funds by the Office of Management and Budget, provided that no request for apportionment or reapportionment which anticipates the need for a supplemental appropriation shall be submitted to the Office of Management and Budget without appropriate certification by the Secretary. (b) Issue allotments or allocations of funds to components of the Department.

2. Chief Counsel, U.S. Coast Guard. (a) Pursuant to the Uniform Code of Military Justice, Chapter 47 of title 10, United States Code, the Chief Counsel of the U.S. Coast Guard is authorized to exercise the powers and perform the duties, with respect to the Coast Guard, under the following sections of the Uniform Code:

(1) The authority to recommend assignment for duty of law specialists under Article 6(a), section 806(a) of title 10, United States Code.

(2) The authority to make field inspections in connection with the administration of military justice under Article 6(a) section 806(a) of title 10, United States Code.

(3) The authority to designate military judges; to make assignments of, and exercise direct responsibility for, military judges; and to assign, or approve the performance of, other duties of a judicial or nonjudicial nature by military judges under Article 26(c), section 826(c) of title 10, United States Code.

(4) The authority to forward to a Court of Military Review records that must be referred to a Court of Military Review under Article 66(b), section 866(b) of title 10, United States Code.

(5) The authority to instruct the convening authority to take action in accordance with the decision of the Court of Military Review and authority to dismiss the charges under Article 66(e), section 866(e) of title 10, United States Code.

(6) The authority to modify or vacate findings and sentences in cases not reviewed by a Court of Military Review under Article 69, section 869 of title 10, United States Code.

(7) The authority to certify counsel as competent to perform the duties of trial counsel and defense counsel of a general court-martial under 10 U.S.C. 827(b), Art. 27(b) UCMJ.

(b) The authority delegated by subparagraph (3) of paragraph (a) may be redelegated only to the Deputy Chief Counsel.

(c) The Chief Counsel shall make an annual summary report of his actions taken under subparagraph (6) of paragraph (a) of this delegation to the General Counsel of the Department of Transportation (including the number of cases subject to that authority, the number of applications for review filed, and the disposition thereof) for inclusion, as appropriate, in the Judge Advocates General and Court of Military Appeals report to Congress required by Article 67(g), section 867(g) of title 10, United States Code.

3. Chief Counsels. The General Counsel has delegated to the Chief Counsels the authority delegated to the General Counsel by Amendment 1-41 to Part 1 of Title 49, Code of Federal Regulations, 35 FR 17653, November 17, 1970, as follows

Section 855 of the Revised Statutes, as amended by Pub. L. 91-393, 84 Stat. 835 (40 U.S.C. 255) authorizes the Attorney General to delegate to other departments and agencies his authority to give written approval of the sufficiency to the title to land being acquired by the United States. The Attorney General has delegated to the Assistant Attorney General in charge of the Land and Natural Resources Division the authority to make delegations under that law to other Federal departments and agencies (35 FR 16084; 28 CFR 0.66). The Assistant Attorney General, Land and Natural Resources Division, has further delegated certain responsibilities in connection with the approval of the sufficiency of the title to land to the Department of Transportation as follows:

DELEGATION TO THE DEPARTMENT OF TRANSPORTATION FOR THE APPROVAL OF THE TITLE TO LANDS BEING ACQUIRED FOR FEDERAL PUBLIC PURPOSES

Pursuant to the provision of Pub. L. 91– 393, approved September 1, 1970, 84 Stat. 835, amending R.S. 355 (40 U.S.C. 255), and acting under the provisions of Order No. 440-70 of the Attorney General, dated October 2, 1970, the responsibility for the approval of the sufficiency of the title to land for the purpose for which the property is being acquired by purchase or condemnation by the United States for the use of your Department is, subject to the general supervision of the Attorney General and to the following conditions, hereby delegated to your Department.

This delegation of authority is further subject to:

1. Compliance with the regulations issued by the Assistant Attorney General on October 2, 1970, a copy of which is enclosed. 2. This delegation is limited to:

(a) The acquisition of land for which the title evidence, prepared in compliance with these regulations, consists of a certificate of title, title insurance policy, or an owner's duplicate Torrens certificate of title.

(b) The acquisition of lands valued at $100,000 or less, for which the title evidence consists of abstracts of title or other types of title evidence prepared in compliance with said regulations.

As stated in the above-mentioned Act, any Federal department or agency which has been delegated the responsibility to approve land titles under the Act may request the Attorney General to render his opinion as to the validity of the title to any real property or interest therein, or may request the advice or assistance of the Attorney General in connection with determinations as to the sufficiency of titles.

The Chief Counsels of the United States Coast Guard, Federal Aviation Administration, Federal Highway Administration, Federal Railroad Administration, National

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