Date: January 14, 2000

Sunset Review: January 14, 2005

SUBJECT: Delegation of Authority with Respect to the Department of the Treasury Forfeiture Fund
 

By virtue of the authority vested in the Secretary of the Treasury, including the authority in 31 U.S.C. 321(b), it is hereby ordered that the functions, powers and duties of the Secretary in connection with the operation and administration of the Department of the Treasury Forfeiture Fund (hereinafter, the "Fund"), as established by the Treasury Forfeiture Fund Act of 1992, section 638 of Public Law 102-393 (codified as amended at 31 U.S.C. 9703), are delegated as follows:

1.    Except as specifically delegated herein to the Assistant Secretary for Management and Chief Financial Officer ("CFO"), all functions, powers and duties of the Secretary with respect to the Fund are delegated to the Under Secretary (Enforcement).

2.    The functions performed by the Under Secretary (Enforcement) with respect to the Fund shall include, but not be limited to, the following:

    a.    ensure that the Fund’s activities with all Treasury bureaus and other agencies constitute a coordinated approach to Fund operation;

    b.    ensure that the Fund employs sound management practices;

    c.    provide the Assistant Secretary for Management and CFO with budgetary and financial information;

    d.    coordinate planned capital investments in seized asset systems across all Treasury enforcement bureaus, including the Internal Revenue Service, and obtain approval from the Assistant Secretary for Management and CFO or his or her designee prior to obligating any funds for such purposes;

    e.    determine all distributions from the Fund, including the amounts to be distributed and the purposes for which distributed amounts may be used by any Treasury law enforcement organization and any other appropriate entity; and

    f.    make obligations and incur expenditures within the budgetary resources available from the Fund.

3.    The Assistant Secretary for Management and CFO, with respect to the Fund, shall:

    a.    perform the functions that are assigned to the Assistant Secretary for Management and CFO by any Treasury Order pertaining to the budget formulation or execution process, including Treasury Order (TO) 102-13, "Delegation of Authority Concerning Budget Matters," or successor Order;

    b.    provide the Under Secretary (Enforcement) with consultation and assistance on management issues as necessary to facilitate the operation of the Fund;

    c.    review and approve proposals for capital investments in seized asset systems presented by the Under Secretary (Enforcement);

    d.    exercise personnel management authority granted under TO 102-01, "Delegation of Authority Concerning Personnel Management" and TO 102-08, "Authority to Take Final Action with Respect to Prohibited Personnel Practice," or successor Orders;

    e.    exercise authority as Head of Agency for procurement matters as specified by TO 101-30, "Designation of 'Head of Agency' for Procurement Matters," or successor Order; and

    f.    perform any other management functions which are delegated by the Secretary to, or vested in, the Assistant Secretary for Management and CFO.

4.    DELEGATION. The Under Secretary (Enforcement) and Assistant Secretary for Management and CFO may redelegate or assign any authority delegated to them by this Order.

5.    CANCELLATION. TO 102-14, "Delegation of Authority with Respect to the Treasury Forfeiture Fund Act of 1992," dated January 10, 1995, is superseded.

6.    OFFICE OF PRIMARY INTEREST. Under Secretary (Enforcement)