Section 1.38 - Delegations to the Assistant Secretary for AdministrationThe Assistant Secretary for Administration is delegated authority for the following:
(a)Acquisition.(1) Exercise procurement authority with respect to requirements of the Office of the Secretary or an Operating Administration, if requested under an agreement with that Operating Administration.(2) Make the required determinations with respect to mistakes in bids relative to sales of personal property conducted by the Office of the Secretary without power of redelegation.(3) Except as delegated to the National Highway Traffic Safety Administrator by § 1.95 , carry out the functions vested in the Secretary by section 3 of Executive Order 11912 ("Delegation of Authorities Relating to Energy Policy and Conservation"), as amended.(4) Carry out the functions delegated to the Secretary from time to time by the Administrator of General Services to lease real property for Department use.(5) Carry out the duties and responsibilities of agency head for departmental procurement within the meaning of the Federal Acquisition Regulation. This authority as agency head for departmental procurement excludes duties, responsibilities, and powers expressly reserved for the Secretary of Transportation.(6) Serve as Deputy Chief Acquisition Officer.(7) Provide departmental guidance on grants, cooperative agreements, and other financial assistance transactions, but not including loans, loan guarantees, interest subsidies, or insurance.(8) Issue departmental procurement regulations, subject to coordination with the General Counsel and interested Operating Administrations. In commenting upon proposed provisions for the procurement regulations, the Operating Administrations will indicate the nature and purpose of any additional implementing or supplementing policy guidance which they propose to issue at the Operating Administration level.(b)Personnel.(1) Conduct a personnel management program for the Office of the Secretary of Transportation, with authority to take, direct others to take, recommend or approve any personnel action with respect to such authority.(2) Serve as Vice Chair of the Departmental Executive Resources Board.(3) Exercise emergency authority to hire without the prior approval of the Deputy Secretary normally required by departmental procedures implementing general employment limitations when in the judgment of the Assistant Secretary immediate action is necessary to effect the hire and avoid the loss of a well-qualified job applicant, and for similar reasons.(4) Review proposals of the Office of the Secretary for each new appointment or transfer to verify the essentiality of the position.(5) Approve employment of experts and consultants in accordance with 5 U.S.C. 3109 .(6) Provide policy and overall direction in the execution of the DOT Labor-Management Relations Program.(7) Develop and operate the Federal Employee Workplace Drug and Alcohol Testing Program in accordance with Executive Order 12564 and The Omnibus Transportation Employee Testing Act of 1991, Public Law 102-143, Title V.(8) Serve as the Chief Human Capital Officer:(i) Oversee, direct, and execute all authorities included in the Chief Human Capital Officers Act of 2002 (5 U.S.C. 1401 et seq.); and(ii) Advise the Secretary on the Department's human capital needs and obligations, and implement all related rules and regulations of the President and the Office of Personnel Management, and all laws governing human resource management.(9) Serve as the Telework Managing Officer under 5 U.S.C. 6505 .(c)Sustainability.(1) Responsible for ensuring that the Department meets its sustainability goals pursuant to the Energy Independence and Security Act (EISA) of 2007 (Pub. L. 110-140); the Energy Policy Act of 2005 (Pub. L. 109-58); and Executive Order 13693 ("Planning for Federal Sustainability in the Next Decade").(2) Serve as the Chief Sustainability Officer under Executive Order 13693.(d)Finance.(1) Settle and pay claims by employees of the Office of the Secretary for personal property losses as provided by 31 U.S.C. 3721 .(2) Oversee the Working Capital Fund for the Office of the Secretary, established by 49 U.S.C. 327 .(3) Exercise the Secretary's authority under 31 U.S.C. 3711 to collect, compromise, suspend collection action on, or terminate claims of the United States which are referred to, or arise out of the activities of the Working Capital Fund, subject to the limits on that authority imposed by 31 U.S.C. 3711 and the Federal Claims Collection Standards, 31 CFR chapter IX.(e)Security.(1) Serves as the agency representative appointed by the Secretary of Transportation to participate on the Interagency Security Committee in accordance with Executive Order 12977, to establish policies for the security in and protection of Federal facilities.(2) Represents the department on the White House Communications Agency Principal Communications Working Group and the Department of State Overseas Security Policy Board.(3) Conducts an internal security management program for the Department of Transportation with authority to take, direct others to take, recommend, or approve security actions with respect to such authorities related to personnel security, physical security, technical security, and classified and sensitive information management.(4) Issues identification media as directed by Homeland Security Presidential Directive 12, "Policy for Common Identification Standard for Federal Employees and Contractors" and other identification media (including credentials, passports and visas) by direction of the Secretary.(5) Manages the Department's classified information program as directed by Executive Order 13526 ("Classified National Security Information").(6) Takes certain classified actions on behalf of the Department in connection with technical counter-surveillance programs as required by Executive Order 13526 ("Classified National Security Information").(7) In conjunction with the Office of Security, Intelligence and Emergency Response, and the Office of the General Counsel, carries out the functions vested in the Secretary by 49 U.S.C. 40119(b) , as implemented by 49 CFR part 15, related to the protection of information designated as Sensitive Security Information.(8) Ensure Department-wide compliance with Executive Orders 12968 as amended, 13467, 13488, 13526, 13556, and related regulations and issuances.(f)Printing. Request approval of the Joint Committee on Printing, Congress of the United States, for any procurement or other action requiring Committee approval.(g)Hearings. Provide logistical and administrative support to the Department's Office of Hearings.(h)Federal real property management. Carry out the functions assigned to the Secretary with respect to Executive Order 13327, as amended.(i)The Uniform Act. Carry out the functions vested in the Secretary to implement the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Uniform Act), 42 U.S.C. Chapter 61, with respect to programs administered by the Office of the Secretary. The Assistant Secretary may prescribe additional Uniform Act guidance that is appropriate to those particular programs, provided that such additional guidance must be consistent with the Uniform Act and 49 CFR part 24. The lead agency for Uniform Act matters is the Federal Highway Administration (see § 1.85 and 49 CFR part 24 ).(j)Designated Agency Safety and Health Official. Serve as the Designated Agency Safety and Health Official under 29 CFR 1960.6(a) to represent the interest of, and support, the Department's occupational safety and health program.(k)Senior Real Property Officer. Serve as the Senior Real Property Officer for the Department pursuant to Executive Order 13327 ("Federal Real Property Asset Management") (as amended), and chair the Departmental Real Property Planning Council.(l)Transportation fringe benefits.(1) Oversee the Department's transportation fringe benefit program under 5 U.S.C. 7905 and 26 U.S.C. 132(f) .(2) Consult with and provide guidance to other Federal agencies on transportation fringe benefit programs under 5 U.S.C. 7905 and 26 U.S.C. 132(f) .(3) Establish and maintain uniform Federal Government standards for developing and supporting Federal agencies' transportation fringe benefit programs under 5 U.S.C. 7905 and 26 U.S.C. 132(f) .