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(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. A109 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 citi

zens.

(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) Departmentwide Wage Schedules, and Lithographic 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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changes which occur in:

(i) Departmental organizations: (a) Service or office.

(b) Division (or comparable component).

(c) Branch (or comparable component in departmental centers, only). (ii) Field organizations:

(a) First organizational level.

(b) Next lower organizational levelrequired only for those types of field installations where the establishment, change in location, or abolition of same, requires approval in accordance with 1 AR 673.

(14) Formulate and promulgate departmental organizational objectives and policies.

(f) Related to safety and health management. (1) Provide Department-wide leadership, development, coordination, and implementation of policies, standards, techniques, and procedures, and represent the Department in complying with:

(i) Section 19 of the Occupational Safety and Health Act of 1970.

(ii) Executive Order 11807. (iii) Guidelines of the Secretary of Labor related to safety and health of Federal employees, 29 CFR Part 1960.

(2) Coordinate Department requests and comments related to rulemaking under Section 6 of the Occupational Safety and Health Act of 1970.

(3) Provide Department-wide liaison and coordination of safety and health activities with the Department of Labor (DOL), Department of Health, Education and Welfare (HEW), Environmental Protection Agency (EPA), Department of Commerce (DOC), Department of Transportation (DOT), Civil Service Commission (CSC), General Services Administration (GSA), safety and health components of state and local governments and universities, and other affected or interested organizations and parties.

(4) Determine and/or provide Department-wide technical services and regional staff support for the safety and health programs.

(5) Develop and maintain a Department-wide integrated automatic data processing system for gathering and disseminating data and information related to injury/illness and property damage incidents.

(6) Promulgate Department policies, standards, techniques, and procedures, and represent the Department in administering the workers' compensation program.

(7) Develop and administer the Department's occupational health and preventive medical program.

(8) Exercise final authority in all safety and health matters, including individual cases, that involve the jurisdiction of more than one General Officer.

(g) Related to committee management. (1) Serve as the Department's Committee Management Officer and establish and maintain departmentwide policies and procedures for the management of committees. This delegation includes the authority to:

(i) Consult with the Committee Management Secretariat prior to the establishment or reestablishment of advisory committees.

(ii) Approve and sign the writen certification that creation of the advisory committee is in the public interest and provide for the publication of such certification in the FEDERAL REGISTER, along with a description of the nature and purpose of the advisory committee, following the Committee Management Secretariat's approval of the establishment of the committee.

(iii) Approve and sign the notice of renewal of advisory committees for publication in the FEDERAL REGISTER, following the Committee Management Secretariat's concurrence in the renewal of the committees.

(iv) Assign responsibility for preparation of timely notice of meetings for publication in the FEDERAL REGISTER.

(v) Approve charters for national advisory committees when in a format other than a Secretary's Memorandum.

(2) Establish and reestablish regional, State, and local advisory committees for activities authorized. This authority may not be redelegated.

(h) Related to equal opportunity. (1) Coordinate all aspects of the Department's Civil Rights program.

(2) (3) [Reserved]

(4) Order proceedings and hearings in the Department of Agriculture pursuant to §§ 15.9(e) and 15.86 of this subtitle consolidated for hearing with proceedings of Federal Departments and agencies.

(5) Make determinations required by § 15.8(d) of this subtitle that compliance cannot be secured by voluntary

means.

(6) Issue orders to give notice of hearing or opportunity to request a hearing pursuant to Part 15 of this subtitle; arrange for the designation of an Administrative Law Judge to preside over any such hearing; and determine whether the Administrative Law Judge so designated will make an initial decision or certify the record to the Secretary of Agriculture with his recommended findings and proposed decision.

(7) Authorize the taking of action pursuant to § 15.8(a) of this subtitle relating to compliance by "other means authorized by law."

(8) Take action pursuant to § 15.8(d) of this subtitle relating to compliance by "other means authorized by law."

(9) Make determinations that investigations performed under § 15.6 and § 15.52 of this subtitle establish a proper basis for findings of discrimination and that actions taken to correct such findings are adequate.

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practices and improve the Department's program for equal employment opportunity, and the authority to make decisions on complaints of discrimination and order such corrective measures as he may consider necessary, including the recommendation for such disciplinary action as is warranted when an employee has been found to have engaged in a discriminatory practice.

(i) Related to small and disadvantaged business utilization.

(1) Implement and administer programs described under Section 8 and Section 15 of the Small Business Act, as amended.

(2) Provide Department-wide liaison and coordination of activities related to small and disadvantaged businesses with the Small Business Administration.

(3) Assist agencies in the development of policies and procedures required by the applicable provisions of the Small Business Act as amended, including the establishment of goals.

(4) Administer the Department's small and disadvantaged business program including procurement contracts, minority bank deposits and grant and loan activities affecting small and minority business.

(j) Related to Defense. Provide internal administrative management and support services for the defense program of the Department.

(k) Related to board of contract appeals. Provide administrative supervision, and exercise general responsibility for budget and finance aspects of the Board of Contract Appeals. No review by the Assistant Secretary for Administration of the merits of appeals or of decisions of the Board is authorized and the Board shall be the representative of the Secretary in such matters.

(5 U.S.C. 301; Reorganization Plan No. 2 of 1953; Pub. L. 95-452, 92 Stat. 1101, 5 U.S.C. app.)

[37 FR 28463, Dec. 27, 1972]

NOTE: For amendments to § 2.25, see the List of CFR Sections Affected in the back of this volume.

§ 2.26 Reservations of authority.

The following authorities are reserved to the Secretary of Agriculture: (a)-(d) [Reserved]

(e) Related to personnel. Make final determinations in the following areas: (1) Separation of employees for security reasons.

(2) Restoration to duty of employees following suspension from duty for security reasons.

(3) Reinstatement or restoration to duty or the employment of any person separated for security reasons; and

(4) Issuance of temporary certificates to occupy sensitive positions.

[37 FR 28463, Dec. 27, 1972, as amended at 42 FR 35627, July 11, 1977]

§ 2.27 Delegations of authority to the Assistant Secretary for Economics.

The following delegations of authority are made by the Secretary of Agriculture to the Assistant Secretary for Economics:

(a) Related to economics research, and statistical reporting.

(1) [Reserved]

(2) Conduct economic research on matters of importance to cooperatives as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 16211627).

(3) Conduct economic and social science research and analyses relating to (i) food and agriculture situation and outlook; (ii) the production, marketing and distribution of food and fiber products (excluding forest and forest products), including studies of the performance of the food and agricultural sector of the economy in meeting needs and wants of consumers; (iii) worldwide economic analyses and research on supply, demand, and trade in food and fiber products and the effects on the U.S. food and agriculture system; (iv) natural resources, including studies of the use and management of land and water resources the quality of these resources, resource institutions, and watershed and river basin development problems; and (v) rural people and communities, as authorized by Title I and Title II of the Act of August 14, 1946, as amended (7 U.S.C. 427, 1621-1627).

(4) [Reserved]

(5) Perform economic and other social science research under section 104(b) (1) and (3) of the Agricultural Trade Development and Assistance Act of 1954, as amended, with funds administered by the Foreign Agricultural Service and the Office of International Cooperation and Development (7 U.S.C. 1704).

(6) Prepare crop and livestock estimates and administer reporting programs including estimates of production, supply, price and other aspects of the U.S. agricultural economy, collection of statistics, conduct of enumerative and objective measurement surveys, construction and maintenance of sampling frames, and related activities. Prepare reports of the Crop Reporting Board of the Department of agriculture covering official state and national estimates (7 U.S.C. 411(a), 475, 476, and 951).

(7) Take such security precautions as are necessary to prevent disclosure of crop or livestock report information prior to the scheduled issuance time approved in advance by the Secretary of Agriculture and take such actions as are necessary to avoid disclosure of confidential data or information supplied by any person, firm, partnership, corporation, or association (18 U.S.C. 1902, 1903, and 2072).

(8) Review, clear, cordinate, and improve statistics in the Department including review of all statistical forms, survey plans, and reporting and record-keeping requirements originating in the Department and requiring approval by the Office of Management and Budget under the Paperwork Reduction Act of 1980; liaison with OMB and other Federal agencies for coordination of statistics, general improvement of statistical methods and techniques in the Department (44 U.S.C. 3501-3520).

(9) Investigate and make findings as to the effect upon the production of food and upon the agricultural economy of any proposed action pending before the Administrator of the Environmental Protection Agency for presentation in the public interest, before said Administrator, other agencies, or before the courts.

(10) Review economic data and analyses used in speeches by Department

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