DATE: October 10, 2017

SUBJECT: Delegating Relating to the Treasury Forfeiture Fund

  • PURPOSE. This Directive delegates authority for managing the Treasury Forfeiture Fund Program.
  • DELEGATION. This directive delegates authority to the Director, Treasury Executive Office for Asset Forfeiture, to:
    1. Administer the Treasury Forfeiture Fund (TFF) Program ("Program"), by:
      • 1) issuing policy, guidelines and procedures to be followed by the TFF participating law enforcement organizations pertaining to the administration of the TFF and the Program;
      • 2) entering into agreements and undertaking program initiatives as needed to administer the Program; and
      • 3) coordinating seizure and forfeiture programs with the Department of Justice or other appropriate entities.
    2. Make all determinations regarding distributions from the Fund, including:
      • 1) the amounts to be distributed and the purposes for which distributed amounts may be used by any TFF participating law enforcement organization, the Coast Guard, the Office of Terrorism and Financial Intelligence (TFI), the Department of Justice, State and local organizations, and any other entity; and
      • 2) authorizing obligations and expenditures within the budgetary resources available to the Fund
    3. Implement all policy decisions established by the Assistant Secretary (Office of Terrorist Financing and Financial Crimes (TFFC)) or other applicable entity in connection with the detention, inventory, security, maintenance, advertisement, disposal or other management-related tasks relating to assets seized or forfeited, including but not limited to:
      • 1) developing and implementing automated systems to track assets from seizure to disposition;
      • 2) operating and managing programs designed to handle seized and forfeited assets for disposition, including, but not limited to, the transportation, custody, and sale or disposition of such assets; a
      • 3) entering into and administering (directly or through appropriately designated agents) contracts for the sale or other appropriate disposition of seized and forfeited assets.
    4. Plan and develop budgets, including the identification and projection of those expenses to be paid from the Fund.
    5. Maintain a system of internal controls for the Fund.
    6. Formulate, develop and implement programs for the internal controls concerning the assets, proceeds and accounts of the Program and the Fund, including, without limitation, determining and reviewing the obligations incurred and the expenditures made from the Fund; evaluating the performance of the Program and the Fund; overseeing inventories and audits; accounting for assets of the Fund and developing systems for the management of such assets; preparing management reports; tracking reconciliation of sales and receipts; and monitoring financial management reports.
    7. Monitor funds distributed to the TFF participating law enforcement agencies and others to ensure that funds are being used for their intended purpose.
    8. Provide information requested by the Assistant Secretary for Management with respect to:
      • 1) estimates for appropriations or other budget authority, requests for appropriations, and any other submissions on budgetary matters to the Office of Management and Budget (OMB) or Congress; and
      • 2) preparing and submitting to the Assistant Secretary for Management for concurrence, an annual financial management plan for the Fund.
    9. Submit to the Assistant Secretary for Management for concurrence the procedures developed for operation of the Fund that constitute controls of funds or directly affect financial management; provided, however, that the decision with respect to the amounts and the purposes for which such amounts are to be disbursed from the Fund remain within the sole discretion of the Executive Office for Asset Forfeiture.
    1. 3. AUTHORITIES.
      1. 31 U.S.C. 9705
      2. Treasury Order 102-14, "Delegation of Authority with Respect to the Treasury Forfeiture Fund," dated March 24, 2007.
      3. Treasury Order 101-05, "Reporting Relationships and Supervision of Officials, Offices and Bureaus, and Delegation of Certain Authority in the Department of Treasury," dated December 17, 2015.
    2. 4. OFFICE OF PRIMARY INTEREST. Office of the Under Secretary (Office of Terrorism and Financial Intelligence); Office of the Assistant Secretary (Office of Terrorist Financing and Financial Crimes).

Marshall Billingslea
Assistant Secretary (Office of Terrorist Financing and Financial Crimes