Document
ATF O 1100.168C, Delegation of Authorities Within the ATF
ICR 202610-1140-005 · OMB 1140-0017 · Object 173898900.
Document Viewer [pdf]
Status: Original and derived artifacts are available for this document.
Download: pdf
Loading document viewer…
Document Metadata
| File Type | application/pdf |
|---|---|
| File Title | ATF O 1100.168C, Delegation of Authorities Within the ATF |
| Subject | ATF O 1100.168C, Delegation of Authorities Within the ATF |
| Keywords | ATF O 1100.168C, Delegation of Authorities Within the ATF |
| Author | ATF |
| Last Modified By | Acrobat PDFMaker 19 for Word |
| File Modified | 2018-11-06 |
| File Created | 2018-11-06 |
| Conversion State | complete |
Extracted Text
U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Order ATF O 1100.168C SUBJECT: DELEGATION ORDER – DELEGATION OF AUTHORITIES WITHIN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES DATE: 11/5/2018 OPI RECERTIFICATION DATE: 11/5/2023 OPI: 400000 TO: All ATF Employees 1. PURPOSE. This order provides a single repository for all delegations of authority—except the order of succession—within the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 2. BACKGROUND. The Homeland Security Act of 2002, Public Law 107-296 dated November 25, 2002, transferred ATF from the Department of the Treasury to the Department of Justice (DOJ). Title 28 U.S.C. § 599A, Bureau of Alcohol, Tobacco, Firearms and Explosives, authorizes the establishment of ATF within DOJ; and 28 CFR §§ 0.130 through 0.133, functions, delegations, and continuity of regulations of ATF, provide the authority to carry out ATF functions. 3. REFERENCE. ATF O 1100.59I, Emergency Orders of Succession, dated April 10, 2014, provides the order of succession and delegation of authority in all circumstances, regardless of emergency, in which ATF’s Bureau head is absent, becomes disabled, or is otherwise unavailable. 4. CANCELLATION. ATF O 1100.168B, Delegation of Authorities Within the Bureau of Alcohol Tobacco, Firearms and Explosives, dated October 27, 2015, is cancelled. 5. DELEGATIONS OF AUTHORITY. Exhibit 1, Table of Delegations, provides a single repository for ATF’s delegation of authorities. Using ATF O 1310.1C, Subject Classification and Filing System, the delegations of authority are listed by: a. Numerical 4-digit subject code; b. The subject title associated with the 4-digit code; and c. A specific subject line, when needed, to help personnel locate a specific delegation of authority. 6. VACANT DIRECTORSHIP. During such time that there is no incumbent confirmed Director or acting Director, all authorities that are vested in the Director, and that are delegated to or reserved by the Director by this order, by any other ATF directive (order, brief, handbook) or because there is no existing redelegation, are hereby redelegated to the ranking ATF official in the order established by ATF O 1100.59I, Emergency Orders of Succession, to the extent such redelegation does not conflict with any applicable and superior law, regulation, Executive order and/or Department of Justice directive. 7. ABBREVIATIONS. Exhibit 2 provides a list of abbreviations used in Exhibit 1. 8. QUESTIONS. Questions regarding a particular delegation of authority should be addressed by the office of primary interest (OPI) listed for each delegation. General phone numbers for each ATF directorate are available on the ATFWeb portal. [THIS PAGE INTENTIONALLY LEFT BLANK] THE FOLLOWING PAGES (3 – 59) OUTLINE THE DELEGATIONS OF AUTHORITY FOR THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES 2|P a g e ATF O 1100.168C Exhibit 1 TABLE OF DELEGATIONS 1000 SUBJECT CLASSIFICATION CODE DELEGATION ORDERS 1051 – Internal Controls OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Office of Management and Budget (OMB) Circular A-123 (Revised), Management’s Responsibility for Internal Controls, dated 7/15/2016 Approve ATF’s Annual Statement of Assurance and Update to the Statement of Assurance to assure the Attorney General that: 1. Obligations and costs comply with applicable laws; 2. Assets are safeguarded against waste, fraud, abuse, mismanagement, or misappropriation; 3. Revenues and expenditures applicable to ATF operations are properly recorded and accounted for so that accounting, financial, and statistical reports may be prepared and accountability of the assets may be maintained; 4. Programs are efficiently and effectively carried out in accordance with applicable laws and management policies. Director Chief Financial Officer (CFO) ATF O 1051.1E, ATF Internal Control Improvement Program, dated 4/18/2011 Plan, direct, and evaluate ATF's implementation of internal controls in accordance with section 2 and section 4 of the Federal Managers Financial Integrity Act (FMFIA), and related OMB and DOJ policies. CFO May not be redelegated Serve as ATF’s representative on DOJ’s Senior Assessment Team to oversee the Department’s implementation of new requirements under OMB Circular A-123. Chair the ATF Component Assessment Team (CAT) to: 1. Facilitate the implementation of guidance from DOJ’s Senior Assessment Team (SAT) regarding internal controls; 2. Review and document policies, procedures, and process maps; 3. Coordinate assessment and testing activities to comply with the requirements of OMB’s Circular A123 and accompanying appendices. 3|P a g e ATF O 1100.168C Exhibit 1 Integrate ATF internal control activities with other management requirements and policies. 1110 - Field Operations (General) [Prior DO – ATF O 1100.1A] Specific Subject: Authority to Approve Funds for Investigative Purposes OPI: Office of Field Operations Authority Citation Authority Narrative Delegation Redelegation Title 28 U.S.C. § 599A, Bureau of Alcohol, Tobacco, Firearms and Explosives, and To approve the expenditures of funds for investigative purposes. Assistant Director (AD) Field Operations (FO) May be redelegated as specified below: Deputy Assistant Directors (DADs) (FO) May not be redelegated Special Agents In Charge (SACs)/(FO) May not be redelegated Title 28 CFR, part 0, subpart W, § 0.130, General Functions To approve the use of flash rolls in amounts over $50,000. To approve expenditures exceeding $100,000 in a single investigation and consider the investigation for potential inclusion in the Monitored Case Program. To approve the purchase of narcotics in ATF investigations that exceed $20,000 for a single purchase per suspect or exceed a cumulative total of $20,000 per suspect, including Organized Crime Drug Enforcement Task Force (OCDETF) and High Intensity Drug Trafficking Area (HIDTA). To approve the use of flash rolls over $25,000 and up to $50,000. To approve expenditures up to $100,000 in a single investigation. This requirement applies to all investigations, including OCDETF and HIDTA. To approve the expenditure of funds for the purchase of evidence within ATF jurisdiction. To approve the purchase of narcotics in ATF investigations, which is limited to $20,000 for a single purchase per suspect or a cumulative total of $20,000 per suspect, including OCDETF and HIDTA investigations. 4|P a g e ATF O 1100.168C Exhibit 1 To approve, in writing, the purchase of evidence outside ATF jurisdiction, e.g., stolen property that is not an ATF-regulated commodity. To approve the use of flash rolls up to $25,000. 1110 - Field Operations (General) Specific Subject: Authority to Make a Law Enforcement Request to Another Federal Executive Branch Agency for an Investigative Purpose OPI: Office of Chief Counsel Authority Citation Authority Narrative Delegation Redelegation Title 5 U.S.C. § 552a(b)(7) Authority to make a law enforcement request to another Federal Executive Branch Agency for an investigative purpose. Director AD (FO), DADs (FO) 1120 - Firearms, Explosives and Arson (General) [Prior DOs – ATF O 1120.6A and ATF O 1120.7A] Specific Subject: Authority to Make Decisions Related to Denial, Revocation and Suspension of Federal Firearms Licenses (FFL), Impose Civil Fines, and Authorize Continued Operation OPI: Office of Field Operations Authority Citation Authority Narrative Delegation Redelegation Title 18 U.S.C. § 922, Unlawful Acts, and Authority relating to denial, revocation, and suspension of Federal firearms licenses and the imposition of civil fines pursuant to 18 U.S.C. §§ 922(t)(5), 923(e) and 924(p); and Director AD (FO) Authority to postpone the effective date of suspension or revocation of a Federal firearms license pending judicial review pursuant to 27 CFR § 478.78. Director AD (FO) AD (FO) Directors of Industry Operations (DIO) Title 27 CFR § 478.78, Operations by Licensee after Notice Authority to: 1. Issue denial notices to Federal firearms license applicants; 2. Render final decisions and issue final notices confirming or reversing denial of applications for Federal firearms licenses; 3. Issue notices of suspension of license for Federal Firearms Licensee (FFLs); 5|P a g e ATF O 1100.168C Exhibit 1 4. Render final decisions and issue final notices confirming or reversing suspension of Federal firearms licenses; 5. Issue notices of revocation for Federal firearms licenses; 6. Render final decisions and issue final notices confirming or reversing revocation of Federal firearms licenses; 7. Issue notices of imposition of civil fines to FFLs; 8. Render final decisions and issue final notices confirming or reversing imposition of civil fines to FFLs; and 9. Postpone the effective date of suspension or revocation of a Federal firearms license or authorize continued operations under the expired license, as applicable, pending judicial review. Title 18 U.S.C. § 922, Unlawful Acts, and Title 27 CFR § 478.78, Operations by Licensee after Notice The authority delegated to the DIOs does not include any matter that the Deputy Assistant Director (Industry Operations) (DAD (IO)) has determined to involve novel or unusual issues of fact, law, or enforcement policy; matters of national or international significance; or matters that involve or are related to issues arising in more than one ATF field division. When such a determination has been made, all the authorities delegated to the DIOs are hereby delegated to the DAD (IO). DAD (IO) May not be redelegated 1150 - Management/Administration [Prior DO – ATF O 1150.13] Specific Subject: Designation of Acting Supervisory Officials OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Title 28 U.S.C. § 599A, Bureau of Alcohol, Tobacco, Firearms and Explosives, and To allow supervisors, when appropriate, to use e-mail to designate and notify acting supervisors. At a minimum, the official e-mail notification must be sent to individuals who report directly ATF personnel in supervisory positions May not be redelegated 6|P a g e ATF O 1100.168C Exhibit 1 Title 28 CFR §§ 0.130 through 0.133, Functions, delegations and continuity of regulations of ATF ATF O 1100.59I, Delegation Order – Emergency Order of Succession, dated 4/10/14 to the supervisor, the individual to whom the supervisor reports, and any other individual(s) who need to be advised. An official e-mail notification is not required if an existing document or order designates a temporary acting official. In the event of an emergency, ATF O 1100.59I designates the order of succession for the Director to ensure the continuity of ATF functions. Under these circumstances no e-mail notification is required. 1180 - Professional Responsibility and Security Operations [Prior DO – ATF O 1180.2] OPI: Office of Professional Responsibility and Security Operations Authority Citation Authority Narrative Delegation Redelegation Title 28 U.S.C. § 599A, Bureau of Alcohol, Tobacco, Firearms and Explosives, and To designate a Chief Security Officer (CSO) who, in this capacity, acts as the executive level point of contact for all security matters for ATF and strategically directs policy and oversight related to security and emergency preparedness activities for the directorates, field divisions and their components, employees, and contractors. AD (Office of Professional Responsibility and Security Operations) (OPRSO)/CSO May not be redelegated Title 28 CFR §§ 0.130 through 0.133, Functions, delegations and continuity of regulations of ATF The CSO supports the Chief Information Officer (CIO) in the area of security policy related to information technology (IT) and the telecommunications environment. 1320 - Public Use Reports [Prior DO – ATF O 1150.17] Specific Subject: Recordkeeping Requirements OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Title 41 CFR, Parts 102 through 193, Creation, Maintenance, and Use of Records To maintain a current inventory of all OMB-approved information collections; prepare Federal Register (FR) notices requesting public approval and solicitation of comments for ATF information collections; ensure information collections are reviewed and certified by the Justice Management Division (JMD); and prepare the annual information collection report. AD, Office of Science and Technology, (OST) Chief of Staff, OST 7|P a g e ATF O 1100.168C Exhibit 1 1330 - Document Services and Standards [Prior DO – ATF O 1150.17] Specific Subject: Directives (Brief, Order, and Handbook) OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Title 41 CFR, Part 102193, Creation, Maintenance, and Use of Records To sign directives with respect to the overall ATF mission, function, and organization, as well as selected directives issued to comply with Executive Orders (E.O.) or DOJ authorities. Deputy Director (DD) May be redelegated to a member of the Senior Executive Service (SES) within the Office of the Director. May not be further redelegated Title 41 CFR, Part 102193, Creation, Maintenance, and Use of Records To sign directives under specific areas of responsibility. ADs; Chief, Office of Strategic Management; Ombudsperson; and Chief Counsel (CC) May not be redelegated Title 41 CFR, Part 102193, Creation, Maintenance, and Use of Records (directives), and To establish standards and procedures to ensure efficient and effective management of agency internal procedures, policies, responsibilities, instructions, guidelines (e.g., directives). AD, Office of Management, (OM) May be redelegated to Chief of Staff, OM Title 44 U.S.C., Chapter 29, Records Management by the Archivist of the United States 1340 - Records Management [Prior DO – ATF O 1150.17] OPI: Office of Science and Technology Authority Citation Authority Narrative Delegation Redelegation DOJ Policy 0801.02, Removal of and Access to Department of Justice Information, dated 12/18/2014. To approve requests from current, departing and former ATF employees who are removing or accessing ATF documents. Director DD; Ombudsperson; Chief, Office of Strategic Management; Chief, Deputy Chief Office of Equal Employment Opportunity (OEEO); ADs; CC; Deputy Chief Counsel; Associate Chief Counsel(s); Division Counsel(s); 8|P a g e ATF O 1100.168C Exhibit 1 Headquarters staff, division, deputy division, branch and section chiefs; Director, Laboratory Services; Chief(s), laboratories; Chair, Professional Review Board (PRB); Chief, Recruitment Hiring, and Staffing Center, Special Agents in Charge; Directors of Industry Operations (DIOs); Assistant Special Agents in Charge (ASACs); Resident Agents in Charge (RACs); Area Supervisors (AS); and Group Supervisors (GS) Title 44 U.S.C., chapter 31, Records Management by Agency Heads, Title 44 U.S.C., chapter 33, Disposal of Records To implement the Federal laws and regulations governing the creation, collection, organization, maintenance, use, and disposition of records. AD (OST) ATF Records Officer To establish standards and procedures to ensure efficient and effective management of agency forms. AD (OST) Chief of Staff, OST And Title 36 CFR, Part 1220, Federal Records Title 41 CFR, Part 102193, Creation, Maintenance, and Use of Records (forms). 9|P a g e ATF O 1100.168C Exhibit 1 1350 - Printing Management Program [Prior DO – ATF O 1150.17] OPI: Office of Public and Governmental Affairs Authority Citation Authority Narrative Delegation Redelegation Title 44 U.S.C., Public Printing and Documents To establish standards and procedures to ensure efficient and effective management of all Bureau printing, copying, and distribution services. Chief, Print Media Branch May not be redelegated 1360 - Mail Management Program [Prior DO – ATF O 1150.17] OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Title 39 CFR, Subchapter C, Part III, Post Office Services (Domestic Mail), and To implement and operate ATF’s Mail Management Programs to include mail security. Chief, Property, Acquisitions and Safety Division (PASD) Chief, Materiel Management Branch Title 41 CFR, Parts 102 through 192, Mail Management (Mail Security) 1400 - Acquisition [Prior DO – ATF O 1150.17] Specific Subject: Procurement OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Title 48 CFR, Chapter 1, Federal Acquisition Regulation (FAR); Small Business Act (SBA); Title 48 CFR, Chapter 28, Justice Acquisition Regulations (JAR); Regulations and orders issued by DOJ to include, but not limited to, Attorney General (AG) Order No. 2649-2003, and JAR, subpart 2801.601; Title 41 CFR, Chapter 101, Federal Property Management Regulations; Title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. §§ 251 through 260); and regulations and policies To use the provisions of Title III of the Federal Property and Administrative Services Act of 1949, as amended, when procuring goods and services, and real property. Bureau Chief Procurement Officer (BCPO) Contracting Officers (CO) Contract Specialists (CS) Based on Warrant Authority 10 | P a g e ATF O 1100.168C Exhibit 1 issued by the Office of Federal Procurement Policy (OFPP), Office of Management and Budget (OMB) Title 48 CFR, Chapter 1, FAR; SBA; Title 48 CFR, Chapter 28, JAR; Regulations and orders issued by DOJ to include, but not limited to, AG Order No. 2649-2003, and JAR, subpart 2801.601; Title 41 CFR, Chapter 101, Federal Property Management Regulations; Title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. §§ 101 et, seq., Public Contracts); and regulations and policies issued by the OFPP, OMB; Small Business Act (15 U.S.C. § 631, et. seq.) To act as a CO of the United States and charge card holder, in accordance with the FAR, DOJ and ATF regulations and policies. (See FAR 10.301, FAR 1.603-3, Appointment). Bureau Chief Procurement Officer (BCPO) COs: Authority is stated in FAR, subpart 1.6; and JAR, subpart 2801.601; FAR subpart 5.5; JAR subpart 2805.5; Federal Property and Administrative Services Act of 1949; Office of Federal Procurement Policy; FAR, 48 CFR Parts 1 and 5; Federal Property Management Regulations, 41 CFR chapter 101; and regulations issued by DOJ to include, but not limited to, 48 CFR Chapter 28, 48 CFR Chapters 1 and 5, Attorney General Order No. 2649-2003 and JAR, subpart 2801.601 Delegated Government Charge Card holder: Individuals who have delegated procurement authority to use the Government Charge Card for the micropurchase threshold per transaction are limited to the 11 | P a g e ATF O 1100.168C Exhibit 1 restrictions stated in the delegation for Chief, Acquisition Branch Title 48 CFR, Chapter 1, FAR; SBA; Title 48 CFR, Chapter 28, JAR; Regulations and orders issued by DOJ to include, but not limited to, AG Order No. 2649-2003, and JAR, subpart 2801.601; Title 41 CFR, Chapter 101, Federal Property Management Regulations; Title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. §§ 251 through 260); and regulations and policies issued by the OFPP, OMB To receive and use a Government Charge Card to procure goods or services, in accordance with DOJ and ATF regulations and policies. Bureau Chief Procurement Officer (BCPO) Authorized ATF employee Title 48 CFR, Chapter 1, FAR; SBA; Title 48 CFR, Chapter 28, JAR; Regulations and orders issued by DOJ to include, but not limited to, AG Order No. 2649-2003, and JAR, subpart 2801.601; Title 41 CFR, Chapter 101, Federal Property Management Regulations; Title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. §§ 251 through 260); and regulations and policies issued by the OFPP, OMB As required by §20 of the Office of Federal Procurement Policy Act (FAR, Subpart 6.5), the head of each executive agency shall designate a competition advocate for the agency and for each procuring activity of the agency. Competition Advocate (AD/OM) May not be redelegated Title 48 CFR, Chapter 1, FAR; SBA; Title 48 CFR, Chapter 28, JAR; Regulations and orders issued by DOJ to include, but not limited to, AG Order No. 2649-2003, and JAR, subpart 2801.601; Title 41 CFR, The head of the agency shall designate a Task-Order and Delivery Order Ombudsman (FAR 16.505 (b)(8)). The Ombudsman must review complaints from contractors and ensure they are afforded a fair opportunity to be considered, consistent with the procedures in the contract. Task Order and Delivery Order Ombudsman; DAD(OM) May not be redelegated 12 | P a g e ATF O 1100.168C Exhibit 1 Chapter 101, Federal Property Management Regulations; Title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. §§ 251 through 260); and regulations and policies issued by the OFPP, OMB The Federal Information Technology Acquisition Reform Act (FITARA) (Public Law 113-291 Title VIII, Subtitle D) The Bureau CIO must approve all acquisition requests for IT items before any acquisition action can proceed. AD (OST)/CIO Within the Office of the Asst. Director, may be redelegated to a member of the Senior staff. May not otherwise be redelegated OMB Memorandum M15-14 DOJ Procurement Guidance Document (PGD) 16-02: Acquisition of IT Equipment, Software, and/or services. 1433 - Interagency Agreements [Prior DO – ATF O 1150.17] Specific Subject: Reimbursable Agreements OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Title 5 U.S.C. § 302(b); 5 U.S.C. § 5721; 28 U.S.C. 530C, Authority to Use Available Funds; 31 U.S.C. 1535 The Economy Act; 31 U.S.C. 6305 Using Cooperative Agreements; FAR Subpart 5.5, Paid Advertisements, and JAR subpart 2805.5 To sign interagency agreements/reimbursable agreements obligating the Bureau to pay other Government agencies (payable). CFO BCPO To sign interagency agreements/reimbursable agreements that commit the Bureau to provide services that are paid for by other Government agencies (reimbursable). CFO Chief, Financial Management Division (FMD)/Deputy Chief Financial Officer (DCFO) 13 | P a g e ATF O 1100.168C Exhibit 1 1500 - Travel and Transportation [Prior DO – ATF O 1151.4] Specific Subject: Local and Temporary Duty Travel (TDY) OPI: Office of Management Authority Citation Authority Narrative Delegation Title 5 U.S.C. Chapter 57, Subchapter I, To approve local and TDY and associated reimbursable expenses except as follows below. Traveler’s first line supervisor or other official at least one organizational level higher than the traveler and who knows whether the travel supports ATF’s mission. To approve TDY and associated reimbursable expenses for the Director. Deputy Attorney General and the Associate Attorney General Title 28 CFR § 0.138, Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Bureau of Prisons, Federal Prison Industries, Immigration and Naturalization Service, United States Marshals Service, Office of Justice Programs, Executive Office for Immigration Review, Executive Office for United States Attorneys, Executive Office, Redelegation Title 28 CFR § 0.142 Title 41 CFR, Chapters 300 through 304, Federal Travel Regulation, DOJ Order 2200.11J, Department of Justice Travel Regulations, dated 10/12/2018, and ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 Title 5 U.S.C. Chapter 57, Subchapter I, Title 28 CFR § 0.138, May not be redelegated Title 28 CFR § 0.142 DOJ Order 2200.11J, Department of Justice Travel Regulations, dated 10/12/2018, and 14 | P a g e ATF O 1100.168C Exhibit 1 ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 Title 5 U.S.C. Chapter 57, Subchapter I, Title 28 CFR § 0.138, To approve foreign TDY and associated reimbursable expenses for the Director and Deputy Director Deputy Attorney General and the Associate Attorney General May not be redelegated To approve TDY and associated reimbursable expenses of personnel detailed to ATF. Deputy Director ADs, DADs, CC, Deputy Chief Counsel, Field SACs, Division Chiefs, and Chief, FMD/DCFO Branch Chiefs To approve premium class travel, or any class of travel that costs more than coach or economy class. Deputy Director May not be redelegated Title 28 CFR § 0.142 DOJ Order 2200.11J, Department of Justice Travel Regulations, dated 10/12/2018, and ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 Title 5 U.S.C. Chapter 57, Subchapter I, Title 28 CFR § 0.138, and Title 28 CFR § 0.142 ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 Title 5 U.S.C. Chapter 57, Subchapter I, Title 28 CFR § 0.138, Title 28 CFR § 0.142 Title 41 CFR, Chapters 300 through 304, Federal Travel Regulation, DOJ Order 2200.11J, Department of Justice Travel Regulations, dated 10/12/2018, and ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 15 | P a g e ATF O 1100.168C Exhibit 1 Title 5 U.S.C. Chapter 57, Subchapter I, Title 28 CFR § 0.138, To approve premium class travel, or any class of travel that costs more than coach or economy class, for the Director. Deputy Attorney General and the Associate Attorney General May not be redelegated To approve up to 150 percent of lodging per diem reimbursement (prior to travel). CFO May not be redelegated To approve 150 to 300 percent of lodging per diem reimbursement. CFO May not be redelegated Title 28 CFR § 0.142 Title 41 CFR, Chapters 300 through 304, Federal Travel Regulation, DOJ Order 2200.11J, Department of Justice Travel Regulations, dated 10/12/2018, and ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 Title 5 U.S.C. Chapter 57, Subchapter I, Title 28 CFR § 0.138, Title 28 CFR § 0.142 Title 41 CFR, Chapters 300 through 304, Federal Travel Regulation, DOJ Order 2200.11J, Department of Justice Travel Regulations, dated 10/12/2018, and ATF O 1500.3A, Temporary Duty Station Travel Policy, dated 9/19/2016 Title 5 U.S.C. Chapter 57, Subchapter I, Title 28 CFR § 0.138, Title 28 CFR § 0.142 Title 41 CFR, Chapters 300 through 304, Federal Travel Regulation, 16 | P a g e ATF O 1100.168C Exhibit 1 DOJ Order 2200.11J, Department of Justice Travel Regulations, dated 10/12/2018, and ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 Title 5 U.S.C. Chapter 57, Subchapter I, Title 28 CFR § 0.138, To accept payments from nonFederal sources for travel expenses. CFO May not be redelegated To approve use of foreign carrier service. CFO May not be redelegated To Approve the Advance Payment of Lodging Traveler’s first line supervisor or other official at least one organizational level May not be redelegated Title 28 CFR § 0.142 Title 41 CFR, Chapters 300 through 304, Federal Travel Regulation, DOJ Order 2200.11J, Department of Justice Travel Regulations, dated 10/12/2018, and ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 Title 5 U.S.C. Chapter 57, Subchapter I, Title 28 CFR § 0.138, Title 28 CFR § 0.142 Title 41 CFR, Chapters 300 through 304, Federal Travel Regulation, DOJ Order 2200.11J, Department of Justice Travel Regulations, dated 10/12/2018, and ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 17 | P a g e ATF O 1100.168C Exhibit 1 higher than the traveler and who knows whether the travel supports ATF’s mission. ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To Approve the Cancellation of Trip/Fees (no fault of traveler) Traveler’s first line supervisor or other official at least one organizational level higher than the traveler and who knows whether the travel supports ATF’s mission. May not be redelegated ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To Approve the Cancellation of Trip/Fees (fault of traveler) Traveler’s first line supervisor or other official at least one organizational level higher than the traveler and who knows whether the travel supports ATF’s mission. May not be redelegated ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To Approve Conferenced ($500,000.00 or more) Deputy Director/Director and the Deputy Attorney General May not be redelegated ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To Approve Conferences ($250,000.00 to $500,000.00) Deputy Director/Director and the Deputy Attorney General May not be redelegated ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To Approve Conferences ($100,000.00 to $250,000.00) Deputy Director/Director and the Associate Attorney General May not be redelegated ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To Approve Conferences Lodging Allowance (up to 25% > per diem) AD (OM)/CFO May not be redelegated ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To Approve the usage of Reasonable Accommodations Traveler’s first line supervisor or other official at least one organizational level higher than the traveler and who knows whether the travel supports ATF’s mission. May not be redelegated ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To Approve Evacuation Travel Assistant Director May not be redelegated ATF O 1500.3A, Temporary Duty Station To Approve Travel to Escort Employee Remains Assistant Director May not be redelegated 18 | P a g e ATF O 1100.168C Exhibit 1 Travel Policy Manual, dated 9/19/2016 ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To Approve Extra-fare Train Service (when advantageous) Traveler’s first line supervisor or other official at least one organizational level higher than the traveler and who knows whether the travel supports ATF’s mission. May not be redelegated ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To Approve the Usage of a GOV Traveler’s first line supervisor or other official at least one organizational level higher than the traveler and who knows whether the travel supports ATF’s mission. May not be redelegated ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To Approve the Use of Government Aircraft Chief Counsel May not be redelegated ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To Approve Travel to Alternate Location because of Illness or Injury Traveler’s first line supervisor or other official at least one organizational level higher than the traveler and who knows whether the travel supports ATF’s mission. May not be redelegated ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To approve Per diem Beyond 14 day Period due to Illness or Injury while on TDY Traveler’s first line supervisor or other official at least one organizational level higher than the traveler and who knows whether the travel supports ATF’s mission. May not be redelegated ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 Paper Airline Ticket – Special Delivery Charge Traveler’s first line supervisor or other official at least one organizational level higher than the traveler and who knows whether the travel supports ATF’s mission. May not be redelegated ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To Approve the Usage of a POV Traveler’s first line supervisor or other official at least one organizational level higher than the traveler May not be redelegated 19 | P a g e ATF O 1100.168C Exhibit 1 and who knows whether the travel supports ATF’s mission. ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To Approve the Usage of a Rest Stop Traveler’s first line supervisor or other official at least one organizational level higher than the traveler and who knows whether the travel supports ATF’s mission. May not be redelegated ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To Approve the Usage of a Rest Period Traveler’s first line supervisor or other official at least one organizational level higher than the traveler and who knows whether the travel supports ATF’s mission. May not be redelegated 20 | P a g e ATF O 1100.168C Exhibit 1 1500 - Travel and Transportation [Prior DO – ATF O 1151.4] Specific Subject: Permanent Change of Station (PCS) OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Title 5 U.S.C. Chapter 57, Subchapter II , To approve PCS moves and associated reimbursable expenses. Deputy Director ADs and CC To approve home marketing incentive awards. Financial Manager/DCFO May not be redelegated Title 28 CFR § 0.138, Title 28 CFR § 0.142, Title 41 CFR, Chapters 300 through 304, Federal Travel Regulation, and ATF O 1550.1A, Permanent Change of Station Manual, dated 10/3/2016 Title 5 U.S.C. Chapter 57, Subchapter II , Title 28 CFR § 0.138, Title 28 CFR § 0.142, Title 41 CFR, Chapters 300 through 304, Federal Travel Regulation, and ATF O 1550.1A, Permanent Change of Station Manual, dated 10/3/2016 1500 - Travel and Transportation [Prior DO – ATF O 1151.4] Specific Subject: Travel and Relocation Guidance OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Title 41 CFR, Chapters 300 through 304, Federal Travel Regulation To establish standards, requirements and guidelines for travel and relocation. CFO May not be redelegated 21 | P a g e ATF O 1100.168C Exhibit 1 1600 - Occupational Safety and Health Programs [Prior DO – ATF O 1150.17] OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation E.O. 12196, Occupational Safety and Health Programs for Federal Employees, dated 2/26/1980 To implement and operate ATF’s safety and health programs. CFO Chief, PASD and Chief, Safety, Compliance and Quality Branch 1640 - Environmental Programs [Prior DO – ATF O 1150.17] OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Title 29 CFR, Part 1960, Basic Program, Elements for Federal Employees Occupational Safety and Health Programs, and To implement and operate ATF’s environmental programs. CFO Chief, PASD and Chief, Safety, Compliance and Quality Branch E.O. 13423, Strengthening Federal Environmental, Energy, and Transportation Management, dated 1/24/07 1770 - Security and Protective Services [Prior DO – ATF O 1155.1] OPI: Office of Professional Responsibility and Security Operations Authority Citation Authority Narrative Delegation Redelegation DOJ Order 2600.2D, Security Programs and Responsibilities, dated 06/16/2011 To operate physical security programs; to establish and monitor security of all ATF facilities including access and visitor control. AD (Office of Professional Responsibility and Security Operations) (OPRSO)/CSO May not be Redelegated. The AD, OPRSO, has designated the Chief, Security and Emergency Programs Division to carry out the duties of security and protective services program To implement identification (ID) media policy; authority to generate and issue all credentials and ID media for employees, Task Force Officers (TFOs), and contractors. 22 | P a g e ATF O 1100.168C Exhibit 1 1830 - Realty Management [Prior DO – ATF O 1150.17] OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Title 41 CFR, Part 101, Federal Management Regulation Appointment as Bureau Real Property Officer Chief, Property, Acquisitions and Safety Division (PASD) Chief, Facilities Management Branch Title 41 CFR, Part 101, Federal Management Regulation To acquire, use, maintain, and release space in accordance with the Federal Management Regulations (FMR), General Services Administration (GSA) guidelines, and other relevant requirements. Chief, PASD Chief, Facilities Management Branch Title 41 CFR, Part 101, Federal Management Regulation To issue requests for space to GSA and GSA Occupancy Agreements Chief, PASD Chief, Facilities Management Branch Title 41 CFR, Part 101, Federal Management Regulation To issue GSA Form 2957, Reimbursable Work Authorizations, when required for alterations, renovations, repairs, or services to real property occupied by ATF. Chief, PASD Chief, Facilities Management Branch 1840 - Claims and Judicial Actions [Prior DO – ATF O 1156.1A] OPI: Office of Chief Counsel Authority Citation Authority Narrative Delegation Redelegation Title 42 U.S.C. § 2000e et seq., Title VII of the Civil Rights Act of 1964, To settle informal and formal EEO complaints. Deputy Director May be redelegated to AD or DAD (requires concurrence of CC, Deputy Chief Counsel or Associate Chief Counsel (Litigation or Management Division)) To delegate certain authorities pertaining to the settlement of monetary claims filed against ATF. Chief Counsel Associate Chief Counsel (Litigation), but no lower DOJ H.R. Order 1200.1, Chapter 4, Part 1, Title 28 U.S.C. § 599A, Bureau of Alcohol, Tobacco, Firearms and Explosives, AG Order No. 26492003, January 22, 2003, Title 28 CFR § 0.79, Redelegation of authority from Assistant Attorney 23 | P a g e ATF O 1100.168C Exhibit 1 General for Administration to Department officials, AG Order No. 832-79, 44 FR 29891, May 23, 1979, Title 28 CFR §§ 0.130 through 0.133, Functions, delegations, and continuity of regulations of ATF, AG Order No. 26502003, 68 FR 4926, January 31, 2003 as amended at 77 FR 51699, August 27, 2012, AG Order No. 33302012, 77 FR 26183, May 3, 2012, Title 28 U.S.C. § 2672, Federal Tort Claims Act (FTCA), Title 28 CFR § 0.172, Authority: Federal Tort Claims, To consider, ascertain, adjust, determine, compromise, and settle any claim filed against ATF for the negligent or wrongful acts or omissions of its employees. Chief Counsel, not to exceed $50,000 Associate Chief Counsel (Litigation), but no lower To settle any claim filed against ATF for personal injury, death, or damage to or loss of property caused by an investigative or law enforcement officer of the Department of Justice, which cannot be settled under the FTCA. Chief Counsel, up to statutory limit of $50,000 Associate Chief Counsel (Litigation), but no lower AG Order No. 33302012, 77 FR 26183, May 3, 2012, Title 31 U.S.C. § 3724, Claims for damages caused by investigative or law enforcement officers of the Department of Justice, Title 28 CFR § 0.132, Delegation respecting claims against the Bureau of Alcohol, Tobacco, Firearms and Explosives, AG Order No. 33302012, 77 FR 26183, May 3, 2012, 24 | P a g e ATF O 1100.168C Exhibit 1 Title 31 U.S.C. § 3723, Small Claims Act, To settle any claim filed against ATF for damage to or loss of property caused by the negligence of its employees and which cannot be settled under the FTCA. Chief Counsel, up to statutory limit of $1,000 Associate Chief Counsel (Litigation), but no lower Title 31 U.S.C. § 3721, The Military Personnel and Civilian Employees Claims Act, To settle any claim filed against ATF by its civilian employees for damage to or loss of the employee’s property, when such damage or loss was incident to the employee’s service to ATF. Director, not to exceed $75,000 Chief Financial Officer, not to exceed $40,000 and in consultation with the Office of Chief Counsel Form DOJ-110, April 2018, Claim for Damages to, or Loss of Personal Property 1850 - Property Management [Prior DO – ATF O 1150.17] OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Title 41 CFR, Part 10234, Motor Vehicle Management, To maintain formal property records that show on a continuing basis the identification, balance, condition and location of all ATF accountable property. ATF approving official for all personal property transactions involving acquisition from ATF inventories, or excess from other agencies, and disposal. Chief, Materiel Management Branch Chief Fleet Management Section Responsible for the proper use, care, custody, and safekeeping of personal property. Custodial Officers May not be redelegated Title 41 CFR, part 102-36 through 39, Title 41 CFR, Part 101, Federal Property Management Regulation, and Title III of the Federal Property and Administrative Services Act of 1949, as amended (Title 41 U.S.C. §§ 251 through 260) Title 41 CFR, Part 10234, Motor Vehicle Management, Title 41 CFR, part 102-36 through 39, Title 41 CFR, Part 101, Federal Property Management Regulation, and Title III of the Federal Property and Administrative Services 25 | P a g e ATF O 1100.168C Exhibit 1 Act of 1949, as amended (Title 41 U.S.C. §§ 251 through 260) Title 41 CFR, Part 10234, Motor Vehicle Management, Title 41 CFR, part 102-36 through 39, Title 41 CFR, Part 101, Federal Property Management Regulation, and To maintain general managerial oversight of ATF’s personal property management program. Ensure the effective use and disposal of personal property assets and determines (where sale of excess property is contemplated) whether to report the property to GSA for a fee for services rendered, or to sell or to contract for the sale of the property. Chief, PASD Chief Materiel Management Branch Title III of the Federal Property and Administrative Services Act of 1949, as amended (Title 41 U.S.C. §§ 251 through 260) 1900 - Financial Management [Prior DO – ATF O 1151.4] Specific Subject: Allotment and Use of ATF Funds OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Title 31 U.S.C. § 6305, Using cooperative agreements, and To sign memoranda of agreement with state and local police departments where monetary obligations are incurred. Deputy Director CFO and Financial Manager/DCFO To sign memoranda of understanding with Federal, state and local agencies where no funds will be exchanged. Deputy Director ADs, Field SACs, and Division Chiefs ATF O 1250.1A, Letters of Agreement, Cooperative Agreements, Memoranda of Agreement, Memoranda of Understanding, and Reimbursable Agreements, dated 8/22/2013 Title 31 U.S.C. § 6305, Using cooperative agreements, and ATF O 1250.1A, Letters of Agreement, Cooperative Agreements, Memoranda of Agreement, Memoranda of Understanding, and 26 | P a g e ATF O 1100.168C Exhibit 1 Reimbursable Agreements, dated 8/22/2013 DOJ Order 2030.4G, Control of Funds Under Apportionment, dated 4/12/2010 To allot ATF funds and full-time equivalents. Deputy Director and CFO DCFO DOJ Order 2110.13B, Controlling and Reporting Reimbursements, dated 8/18/08 To sign interagency agreements/reimbursable agreements that obligate ATF to pay other Government agencies. CFO BCPO DOJ Order 2110.13B, Controlling and Reporting Reimbursements, dated 8/18/08 To sign interagency agreements/reimbursable agreements that commit ATF to provide services that are paid for by other Government agencies (reimbursable). CFO DCFO DOJ Order 2030.4G, Control of Funds Under Apportionment, dated 4/12/2010 To create budgetary commitments within allowances provided on the basis of apportionments and/or reprogramming. Deputy Director ADs, DADs, CC, and Deputy Chief Counsel can approve any dollar amount within their budget allowances. Field SACs and the DCFO may not exceed $100,000 ATF O 1500.3A, Temporary Duty Station Travel Policy Manual, dated 9/19/2016 To approve conference expenditure from $100,000 to more than $500,000. Deputy Director May not be redelegated 1900 - Financial Management [Prior DO – ATF O 1151.4] Specific Subject: Collection of Debts OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Debt Collection Improvement Act of 1996, Public Law 104-134, To write off uncollectible debt. CFO DCFO Title 5 U.S.C. § 5514, Installment deduction for indebtedness to the United States, 27 | P a g e ATF O 1100.168C Exhibit 1 Title 31 U.S.C. § 3711, Collection and compromise Title 28 CFR §§ 11.5 through 11.9, Administration of debt collection, Title 28 CFR § 0.150, Collection of erroneous payments, and DOJ Order 2120.3C, Collection of Debts by the Department of Justice, dated 4/16/2009 Title 5 U.S.C. § 5584, Claims for overpayment of pay and allowances, and of travel, transportation and relocation expenses and allowances, To waive claims against ATF employees for erroneous payments. Director, above $20,000 May be redelegated to a member of the Senior Executive Service within the Office of the Director. Title 31 CFR Part 902, Standards for the Compromise of Claims, and CFO, not to exceed $20,000 May not be redelegated DOJ Order 2120.4F, Waiver and Compromise of Claims for Debts Owed to the Department of Justice by its Employees, dated 4/16/2009 DCFO not to exceed $5,000 Title 28 CFR § 0.155, Waiver of claims for erroneous payments of pay and allowances, Title 31 U.S.C. § 3711, Collection and compromise, and To withhold compensation due personnel. CFO and Financial Manager/DCFO May not be redelegated May not be redelegated DOJ Order 2120.3C, Collection of Debts by the Department of Justice, dated 4/16/2009 28 | P a g e ATF O 1100.168C Exhibit 1 1900 - Financial Management [Prior DO – ATF O 1151.4] Specific Subject: Miscellaneous Reimbursements OPI: Office of Management Authority Citation Authority Narrative Delegation DOJ Order 2030.4G, Control of Funds Under Apportionment, dated 4/12/2010 To approve reimbursement of miscellaneous expenses incurred by employees. Employee’s first line supervisor or other official at least one organizational level higher than the employee and who knows whether the expense supports ATF’s mission. Redelegation 1900 - Financial Management [Prior DO – ATF O 1151.4] Specific Subject: Representation Fund OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Consolidated Appropriations Act, 2018, Pub.L. 115-141 (March 23, 2018), and any succeeding appropriation act authorizing such expenditures, To approve official reception and representation expenditures. Deputy Director May be redelegated to a member of the SES within the Office of the Director. May not be further redelegated. Title 28 CFR § 0.152, Approval of funds for attendance at meetings, Title 28 U.S.C. § 530C(b)(D), Authority to use available funds, and DOJ Order 2110.31B, Expenditures of Representation Funds, dated 3/22/2002 1900 - Financial Management [Prior DO – ATF O 1151.4] Specific Subject: Tax Exempt Certificates OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Title 48 CFR § 29.305, state and local tax exemptions To approve tax exempt certificates. DCFO Chief, Accounting Branch 29 | P a g e ATF O 1100.168C Exhibit 1 1900 - Financial Management [Prior DO – ATF O 1150.14] Specific Subject: Acceptance of Gifts OPI: Office of Chief Counsel Authority Citation Authority Narrative Delegation Redelegation Title 28 U.S.C. § 524(d), Bureau of Alcohol, Tobacco, Firearms and Explosives, To delegate the authority to accept gifts for display to the Bureau that have a value of no more than $150. Chief Counsel May not be redelegated DOJ Memorandum for Heads of Department Components, Guidance for Acceptance of Assistance and Gifts from Private Parties for Use in Connection with Investigations and Litigation, dated 5/26/2006 To accept gifts and/or assistance from private parties for use in connection with criminal and civil investigations, prosecutions, and civil litigation, not exceeding $50,000 from any private party in a fiscal year. Director May not be redelegated Title 5 CFR § 410.501 To establish procedures on the acceptance of contributions, awards, and payments in connection with any training and meetings that are outside the scope of this subpart in accordance with laws and regulations governing Government ethics and governing acceptance of travel reimbursements from non-Federal sources. Chief Counsel DOJ Order 2400.2, Solicitation and Acceptance of Gifts to the Department, dated 9/2/1997, and DOJ Memorandum for Heads of Department Components, Gift Acceptance Delegation, dated 7/19/1999 30 | P a g e ATF O 1100.168C Exhibit 1 1900 - Financial Management [Prior DO – ATF O 1150.15] Specific Subject: Receipt of Foreign Gifts and Decorations OPI: Office of Chief Counsel Authority Citation Authority Narrative Delegation Redelegation Title 5 U.S.C. § 7342, Receipt and disposition of foreign gifts and decorations, Gifts that exceed the foreign gift threshold should be disposed of using the procedures dictated by DOJ Order 2400.2, or GSA regulations. See 5 U.S.C. §7342(c)(1)(B)(i). Not applicable Not applicable Title 28 U.S.C. § 599A, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Title 41 CFR Part 102 through 42, Utilization, donation and disposal of foreign gifts and decorations 1970 - Financial Systems [Prior DO – ATF O 1151.4] Specific Subject: Certifying Officer OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Title 31 U.S.C. § 3325, Vouchers, To disburse ATF funds. DCFO Chief, Accounting Branch, Financial Analyst (Accounts Payable), and Lead Financial Analyst (Accounts Payable) Title 31 U.S.C. § 3528, Responsibilities and relief from liability of certifying officials, Title 28 CFR § 0.148, Certifying officers, Title 28 CFR § 0.149, Cash payments, and DOJ Order 2421.5B, Delegation of Authority to Certify Bills in Payment of Commercial LongDistance Telephone Calls, dated 12/19/1979 31 | P a g e ATF O 1100.168C Exhibit 1 2000 SUBJECT CLASSIFICATION CODE DELEGATION ORDERS 2000 - Human Resources Management [Prior DO – ATF O 1152.4] Specific Subject: General Human Resources Authorities OPI: Office of Human Resources and Professional Development (HRPD) Authority Citation Authority Narrative Delegation Redelegation DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To exercise the personnel policy authority of the Director except where such authority has been specifically reserved or limited (i.e., Professional Review Board (PRB) and Bureau Deciding Official (BDO)). AD (HRPD) May not be redelegated DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To implement workforce flexibilities in compliance with the statutes under 5 U.S.C. §§ 6120 through 6126; and 5 U.S.C. §§ 6129 through 6133, 5 CFR part 610, subpart D, Comptroller General Opinions: 60 Comp. Gen. 6 (1980); 60 Comp. Gen. 623 (1981); B217080, June 3, 1985; B-229473, October 7, 1988; B-245772, May 7, 1992; and the Federal Workforce Flexibility Act of 2004. AD (HRPD) May not be redelegated DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To implement disciplinary and/or adverse actions in compliance with the statutes under 5 U.S.C. §§ 7501 through 7504, 7511 through 7514, and 5 CFR part 752 and which are not covered by the PRB pursuant to this order (refer to: subject classification code number 2100, Employee and Labor Relations, Specific Subject: Adverse Actions and Discipline, within this exhibit). Chief Counsel May not be redelegated DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To formulate and implement ATF personnel policies with the exception of adverse actions and discipline as stated below. AD (HRPD) May not be redelegated DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To review action taken under the authority of this or any other order pertaining to human resources management and to take, direct, or recommend corrective action as appropriate, with the exception of adverse actions and discipline as stated below. AD (HRPD) May not be redelegated DOJ Order 1200.1, Human Resources, Appendix II, To administer the ATF Personnel Management Evaluation Program, AD (HRPD) May not be redelegated 32 | P a g e ATF O 1100.168C Exhibit 1 Table of Delegations, dated 1/10/2005 with the exception of adverse actions and discipline as stated below. DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To administer personnel management activities in accordance with ATF instructions. Assistants to the Director and the Chief Counsel May be redelegated to the head of the next organizational level Delegation Redelegation Director Chair, PRB 2100 - Employee and Labor Relations [Prior DO – ATF O 1150.4A] Specific Subject: Adverse Actions and Discipline OPI: Office of Chief Counsel Authority Citation Authority Narrative DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations dated 1/10/05 To administer adverse actions and discipline: DOJ Order 1200.1, Chapter 3-1, Discipline and Adverse Actions, dated 8/25/98 DOJ Order 1202, Executive Resources Management, date 11/26/13 1. Delegation of authority for cases reviewed by PRB: The authority to propose disciplinary and adverse actions and to issue management referrals when the proposed action or management referral is based on the results of an integrity investigation documented in an OPRSO or DOJ Inspector General (IG) report of investigation. 2. Delegation of authority to make final decisions on disciplinary and adverse actions proposed and issued by the PRB: The authority to make final decisions on disciplinary and adverse actions that have been proposed and issued by the PRB. Authority to issue clearance and caution memorandums, written admonishments, and reprimands based on PRB deliberations and recommendations. 3. Delegation of authority for cases NOT reviewed by the PRB: The DD for proposals against a member of the SES, and proposals against both SES and non-SES employees arising from the same investigation or from a common set of facts. The BDO in all other cases. 33 | P a g e ATF O 1100.168C Exhibit 1 a. Adverse Actions – Proposals and Decisions. The authority to propose a removal, suspension for more than 14 days, furlough for 30 days or less, and reduction in grade/band or pay (except those based on classification determinations). The authority to make a final decision on an adverse or disciplinary action proposed at a lower level. NOTE: Refer to Miscellaneous Provisions outlined below. b. Adverse Actions – Proposals Only. The authority to propose a removal, suspension for more than 14 days, furlough for 30 days or less and a reduction in grade/band or pay (except those based on classification determinations). c. Disciplinary Actions. (1) Reprimands. The authority to issue a reprimand to any employee who is subordinate to that supervisor. (2) Suspensions for 14 days or Less. (a) The authority to propose suspensions for 14 days or less to any employee who is subordinate to that supervisor. (b) The authority to make final decisions on proposals of suspensions of 14 days or less, but must be at a higher supervisory level than the proposing official. DD; ADs; DADs; EA; CC; Deputy Chief Counsel; Associate Chief Counsel; Ombudsperson; Director, Laboratory Services; Headquarters (HQ) division chiefs and assistant or deputy division chiefs; SACs; ASACs; DIOs; and Chief, ATF National Academy RACs; GS; AS; Deputy Chief, ATF National Academy; laboratory chiefs; branch chiefs, GS-13 (or band equivalent) and above; and section chiefs, GS-13 (or band equivalent) and above All Bureau supervisors regardless of grade/band level DD; ADs; DADs; CC; Deputy Chief Counsel; Associate Chief Counsel;; Ombudsperson; Director, Laboratory Services; HQ division chiefs and assistant or deputy division chiefs; SACs; 34 | P a g e ATF O 1100.168C Exhibit 1 (c) In no circumstances may the deciding official be the same as the proposing official. ASACs; DIOs; Chief, ATF National Academy; RACs; GSs; ASs; Deputy Chief, ATF National Academy; audit managers; laboratory chiefs; branch chiefs, GS-13 (or band equivalent) and above; and section chiefs, GS-13 (or band equivalent) and above (3) Furloughs for 30 Days or Less Special Delegation. (a) The authority to propose a furlough for 30 days or less for any Bureau employee (except the Director). (b) The authority to make the final decision on such a proposal. CFO AD (OM) 4. Miscellaneous Provisions: a. Criminal Investigators and Industry Operations Investigators Enrolled in Training or Detailed as Instructors at the ATF National Academy. (1) The authority to propose all levels of adverse and disciplinary actions against criminal investigators enrolled in either the Criminal Investigator Training Program or Special Agent Basic Training, or criminal investigators detailed as instructors and industry operation investigators enrolled in Federal Law Enforcement Training Center (FLETC), except when the case is referred to the PRB. Chief, ATF National Academy (2) The authority to propose all levels of adverse and disciplinary actions against criminal investigators enrolled in training. 35 | P a g e ATF O 1100.168C Exhibit 1 (3) The authority to make final decisions on proposals outlined in 4.a.(1) and 4.a.(2) as stated above. a. Effects of Reassignments. If an adverse or disciplinary action is proposed against an employee and that employee is reassigned before a decision is issued, the deciding official will be designated in the proposal notice and may be the gaining official (or a higher level official in the gaining organization). If the gaining official is the deciding official, the decision must be issued after the effective date of the reassignment. If the losing official is the deciding official, the decision must be issued before the effective date of the reassignment. If a higher level official (e.g., a deputy assistant director) or the BDO is the deciding official, the decision may be issued either before or after the reassignment. Chief, ATF National Academy SAC of the employee's field or Headquarters division, or a higher level official. In no circumstances may the deciding official be the same as the proposing official. b. Reductions in Grade/Band Based on Classification Determinations. The authority to propose a reduction in grade/band based on a classification determination. The authority to make a final decision on such a proposal. c. Terminations of Temporary, Probationary, or Excepted Service Employees. The authority to terminate the following employees: (1) Employees serving under temporary appointments. (2) Employees serving a probationary period under an initial appointment to the Federal Government. (3) Employees serving under excepted service appointments with Chief, Classification and Performance Management Branch, Human Resources Operations Division (HROD) Chief, HROP The appointing or higher level official in the supervisory chain of the appointing official. Appointment officials are those whose signatures 36 | P a g e ATF O 1100.168C Exhibit 1 less than 1 year of service and who have preference eligibility. indicate approval or authorization of appointments in HR Connect (the Bureau's automated human resources system) or on Standard Form (SF) 52, Request for Personnel Action. (4) Employees serving under excepted service appointments with less than 2 years of service and who do not have preference eligibility. (5) Employees serving under Veterans Readjustment Appointments with less than 1 year of service. 2300 - Employment [Prior DO – ATF O 1152.4] Specific Subject: Suitability Determinations OPI: Office of Human Resources and Professional Development Authority Citation Authority Narrative Delegation Redelegation Title 5 CFR § 731.103. To adjudicate suitability under 5 CFR part 731 for all ATF positions except GS-1811 Criminal Investigators, GS1854 Inspectors, and GS-1801 Industry Operations Investigators. Director Chief, HROD Title 5 CFR § 302 To determine eligibility for all GS1854 Inspector, GS-1801 Industry Operations Investigator, and GS1811 Criminal Investigator positions, including the adjudication of veterans' preference pursuant to 5 CFR part 302. Chief, Recruitment, Diversity and Hiring Division May not be redelegated 2300 - Employment [Prior DO – ATF O 1152.4] Specific Subject: Human Resources Selection Authorities OPI: Office of Human Resources and Professional Development Authority Citation Authority Narrative Delegation Redelegation Title 5 CFR 335.102 To make personnel selections for all positions in the Director’s Office and Chief, PRB. Director’s designee May not be redelegated To request approval from the Office of Attorney Recruitment and Management (OARM) on career attorney, law clerk, and law student personnel matters, including the hiring of all attorneys within the 0905 series. Chief Counsel and Deputy Chief Counsel May be redelegated to Associate Chief Counsels ATF O 2311.1A, Merit Promotion Plan, dated 8/17/2009 DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005, and Title 5 CFR 6.2, 6.3, and 213.3102(d) & (e) 37 | P a g e ATF O 1100.168C Exhibit 1 DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005, and To make personnel selections, except as provided below, for all supervisory positions at the GS-14, GS-15. ATF O 2311.1A, Merit Promotion Plan, dated 8/17/2009 Title 5 CFR 335.102 To make nonsupervisory personnel selections for positions at the GS-15 level, as well as lower grade positions under their responsibility that do not fall under the authority of the MPB. ADs; DADs; Chief, OEEO; Ombudsperson; Chief Counsel; Deputy Chief Counsel; and Chief, Office of Strategic Management May be redelegated to Associate Chief Counsels, SACs, ASACs, DIOs, Headquarters division chiefs, SAC, OPRSO; ASAC, OPRSO; GS-15 level deputy or assistant division chiefs; and directorate staff chiefs To select for positions at the GS-13, as well as lower-grade or banded positions under their responsibility that do not fall under the authority of the MPB or under officials designated above. Chief Counsel; Deputy Chief Counsel; SACs; ASACs; DIOs; HQ division chiefs; SACs, OPRSO; ASAC, OPRSO; and GS-15 level deputy or assistant division chiefs; directorate staff chiefs; Chief, OEEO; and Ombudsperson Associate Chief Counsels; SACs; Branch Chiefs; Deputy Executive Assistant (Equal Opportunity) To fill vacancies by directed reassignment or from a list of reassignment eligible. Within the directorate in which the vacancy exists, May be redelegated to DADs; Deputy ATF O 2311.1A, Merit Promotion Plan, dated 8/17/2009 DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005, and Title 5 CFR 335.102 ATF O 2311.1A, Merit Promotion Plan, dated 8/17/2009 DOJ Order 1200.1, Human Resources, Appendix II, MPB The head of the directorate advertising the vacancy may be the selecting authority in lieu of the DAD-HR (HRPD) or the MPB when the area of consideration on an announcement is greater than Bureau-wide. To elect this, the directorate head must notify HRPD, in writing, prior to certification of the Best-Qualified List. Title 5 CFR 335.102 DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005, and HRPD Deputy Assistant Director HR Chief Counsel 38 | P a g e ATF O 1100.168C Exhibit 1 Table of Delegations, dated 1/10/2005, Title 5 CFR 335.102, and ATF O 2300.8, Mobility Policy, dated 2/15/2012 DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/05, and Title 5 CFR 335.102 ATF O 2311.1A, Merit Promotion Plan, dated 8/17/2009 To override a waiver of these selection delegations, the request from the directorate head must identify the specific position and vacancy number and indicate why an override would be in the best interests of ATF. the AD or Chief Counsel may make a directed reassignment in accordance with applicable rules and regulations Chief Counsel or Associate Chief Counsels Deputy Director May be redelegated to a member of the SES within the Office of the Director. May not be further redelegated 2300 - Employment [Prior DO – ATF O 1152.4] Specific Subject: Employment Authorities OPI: Office of Human Resources and Professional Development Authority Citation Authority Narrative Delegation Redelegation Title 5 CFR 330.101 and 102 To validate all position changes and appointments for all ATF positions except that of Director. Director May be redelegated to the Chief, HROD DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/05, and Take final action on all appointments of experts and consultants. Director May be redelegated at the discretion of the Director to the Deputy Director To act as appointing officer for ATF. Chief, HROD Members of HRPD for the purpose of approving personnel action requests and to provide signature authority for SF50-B, Notification of Personnel Action. This written delegation must clearly define the extent of the authority being granted To administer, without charge or fee, the oath of office required by 5 U.S.C. § 331 or any other oath ATF Headquarters: ADs; CC and Chief, HROD May designate, in writing, staff under their control or Title 5 U.S.C. 3109 Title 5 U.S.C. § 331 39 | P a g e ATF O 1100.168C Exhibit 1 required by law in connection with employment in the Federal service. ATF Field Offices: SACs; DIOs; ASACs; RACs; GSs; ASs; Chiefs, National Tracing Center; Chiefs, Laboratory; Chief, Financial Investigative Services Division; and Chief, ATF National Academy. supervision who may administer such oaths. (In remote duty posts or in the absence of those delegated, Federal Judges or U.S. Magistrates may administer the oath of office.) 2400 - Performance Management and Recognition [Prior DO – ATF O 1152.4] OPI: Office of Human Resources and Professional Development Authority Citation Authority Narrative Delegation Redelegation ATF O 2400.8A, Performance Management and Recognition, dated 7/5/2013, and To approve within-grade increases upon determining that an employee's performance is acceptable. Supervisors May not be redelegated To approve and validate performance ratings for General Schedule and Wage Grade employees. ADs, DADs, or Chief of Staff (Director’s Office), and the Chief Counsel having supervisory oversight of employees May be redelegated to the second level supervisor To approve and validate performance ratings for all SES employees. Director Deputy Director. May be redelegated to a member of the SES within the Office of the Director. May not be further redelegated. ATF O 2400.8A, Performance Management and Recognition, dated 7/5/2013 To authorize Quality Step Increases for sustained superior performance. ADs, Chief of Staff (Director’s Office), Chief Counsel and Special Agent in Charge. May not be redelegated DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To approve awards in accordance with ATF O 2400.8A, Performance Management and Recognition, dated 7/5/2013. ADs, Chief of Staff (Director’s Office), and Chief Counsel May be delegated down to one supervisory level above the Title 5 CFR 531.401 ATF O 2400.8A, Performance Management and Recognition, dated 7/5/13, and Title 5 CFR 430.204, DOJ Order 1202, Executive Resources Management, dated 11/26/2013 Title 5 CFR 430.301 and 28 CFR 0.15 40 | P a g e ATF O 1100.168C Exhibit 1 DOJ O 1451.1A, Incentive Awards Program, Section 2, Administration, dated 8/18/2008 DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 recommending official To approve foreign language awards paid under 5 U.S.C. § 4523. Director May be redelegated to not lower than Chief, HROD To approve individual awards up to $7500 (non-attorneys), except SES. Director May be redelegated to Deputy Director, ADs, CC, Division Chiefs, and Chiefs of Staff To approve group awards up to $2,500 (with no individual receiving more than $1,500). Director May be redelegated to DD, ADs, CC, Division Chiefs, and Chiefs of Staff To approve group awards up to $3,000 (with no individual receiving more than $2,500). Director May be redelegated to DD, ADs, CC, Division Chiefs, and Chiefs of Staff To approve an individual or group award with an individual receiving an Director May be redelegated to DOJ Order 1200.1, Human Resources, Chapter 2-8, Foreign Language Awards, dated 3/25/2009 ATF O 2400.8A, Performance Management and Recognition, dated 7/5/2013 DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 Title 28 CFR 0.143 ATF O 2400.8A, Performance Management and Recognition, dated 7/5/2013 DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005, and Title 28 CFR 0.143 ATF O 2400.8A, Performance Management and Recognition, dated 7/5/2013 DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005, and Title 28 CFR 0.143 ATF O 2400.8A, Performance Management and Recognition, dated 7/5/2013 DOJ Order 1200.1, Human Resources, Appendix II, 41 | P a g e ATF O 1100.168C Exhibit 1 Table of Delegations, dated 1/10/2005, and award amount between $2,501 and $7,500. DD, ADs, CC, Division Chiefs, and Chiefs of Staff Title 28 CFR 0.143 ATF O 2400.8A, Performance Management and Recognition, dated 7/5/2013 DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005, and To approve cash awards above $7,500 up to $10,000. Attorney General May be redelegated To approve cash awards above $10,000. Office of Personnel Management (through the Attorney General) May not be redelegated; (Submitted by the Director.) To solicit, coordinate, and submit nominations for awards sponsored by organizations outside of ATF. AD, HRPD May not be redelegated. To waive annual premium pay limitation and the aggregate pay limitation for work performed in certain overseas locations. Director May not be redelegated Title 28 CFR 0.11(a) DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005, and Title 5 U.S.C. 4502 DOJ Order 1451.1A, Incentive Awards Program, dated 8/18/2008, and Title 5 CFR 410.501 ATF O 2400.8A, Performance Management and Recognition, dated 7/5/2013 DOJ Order 3289-2011, Delegation of Authority to Waive Annual Premium Pay Limitation for Certain Work Performed Overseas, dated 8/5/2011 2500 - Position Management and Classification [Prior DO – ATF O 1152.4] OPI: Office of Human Resources and Professional Development Authority Citation Authority Narrative Delegation Redelegation DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To approve and validate all position classification actions, except for attorney positions, in the Bureau. Chief, Classification and Performance Management Branch May be redelegated DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To take final action on all position classification and other personnel actions concerning all SES positions. AD (HRPD) May not be redelegated 42 | P a g e ATF O 1100.168C Exhibit 1 DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To approve details of 30 days or less to or from offices under their jurisdiction and another DOJ component. ADs, Chief of Staff (Director’s Office), and the CC, with respect to nonattorney personnel, under their jurisdiction. May not be redelegated DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To approve details of 30 days or more to or from another Federal agency. Director, Human Resources, DOJ May not be redelegated DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To take final action on details of employees to foreign governments, international organizations, and congressional committees. Director, Human Resources, DOJ May not be redelegated DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To approve details of employees to the White House, Office of Independent Counsel, and Intergovernmental Personnel Act assignments. Deputy Attorney General, DOJ May not be redelegated DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To approve details of employees to the United States Senate and the United States House of Representatives. Office of Legislative Affairs, DOJ May not be redelegated 2700 - Pay Administration [Prior DO – 1152.4] Specific Subject: Compensation Authorities OPI: Office of Human Resources and Professional Development Authority Citation Authority Narrative Delegation Redelegation DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To approve pay set above the minimum rate of the grade of a newly appointed employee hired for superior qualifications or agency special needs determination under 5 U.S.C. § 5333, up to 20 percent of the appointees’ existing rate of pay. (1) AD (HRPD) May not be redelegated DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To approve pay set above the minimum rate of the grade of a newly appointed employee hired for superior qualifications or agency special needs determination under 5 U.S.C. § 5333, above 20 percent of the appointees’ existing rate of pay. AD (HRPD) May not be redelegated DOJ Order 1200.1, Human Resources, Appendix II, Table of To approve the use of a special salary rate as highest previous rate under 5 CFR § 531.221. AD (HRPD) May not be redelegated (2) Bureau Advisory Board (BAB) 43 | P a g e ATF O 1100.168C Exhibit 1 Delegations, dated 1/10/2005 DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To make mission-critical determinations under 5 U.S.C. § 5547(b) for exceptions to premium pay limitations. Director May not be redelegated DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To approve advance payments of up to two pay periods basic pay for newly appointed employees. Director AD (HRPD) DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To approve advance payments of up to two pay periods basic pay for newly appointed attorneys and law clerks. Chief Counsel Deputy or Associate Chief Counsel DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To waive repayment of advance payments to newly appointed employees. Director AD (HRPD) DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To make mission-critical determinations under 5 U.S.C. § 5547(b)(3) for exceptions to premium pay limitations. Director May not be redelegated DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To approve the payment of hazard pay differentials for duty involving physical hardship or hazard. AD (HRPD) May not be redelegated U.S.C. § 552a. To release information from the leave and payroll records of employees when such information is requested in connection with private litigation or is subpoenaed by a court, upon determination that release of the information would not be detrimental to the Bureau. AD (HRPD) May be redelegated to the Chief, Payroll Processing and Operations Branch. (When uncertainty exists as to the advisability of releasing information in a particular case, refer the matter DOJ Order 1200.1, Chapter 2-13, Advance Payments for New Appointments dated 9/22/2009 44 | P a g e ATF O 1100.168C Exhibit 1 to CC, fully detailing circumstances.) 2800 - Retirement [Prior DO – ATF O 1152.4] OPI: Office of Human Resources and Professional Development Authority Citation Authority Narrative Delegation Redelegation DOJ Order 1200.1, Human Resources, Appendix II, Table of Delegations, dated 1/10/2005 To determine, with DOJ concurrence, creditability of service for retirement under 5 U.S.C. §§ 8336, 8337, 8412, 8414 and 8451. AD (HRPD) May not be redelegated 2900 - Equal Employment Opportunity Program [Prior DO – ATF O 1100.137] OPI: Office of Equal Opportunity Authority Citation Authority Narrative Delegation Redelegation Part 1614, Federal Sector Equal Employment, Subpart A, Agency Program to Promote Equal Employment Opportunity (EEO) To advise the head of the agency regarding EEO plans, procedures, regulations, reports, and the overall agency program; evaluate the sufficiency of the agency EEO program; change programs and procedures to eliminate discriminatory practices and improve agency’s EEO program; provide counseling and process individual and class complaints; and investigate complaints fairly, thoroughly, and promptly. Chief, OEEO Deputy Chief, OEEO 45 | P a g e ATF O 1100.168C Exhibit 1 3000 SUBJECT CLASSIFICATION CODE DELEGATION ORDERS 3140 - National Instant Criminal Background Check System [Prior DO – ATF O 1120.8] OPI: Office of Strategic Intelligence and Information Authority Citation Authority Narrative Delegation Redelegation AG Order No. 3072-2009, Delegation of Authority to the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives to Facilitate Implementation of the NICS Improvement Amendments of 2007 To establish and enforce the criteria that applicable Federal departments and agencies and states use to create qualifying relief from firearms disabilities programs, to decide whether applicable Federal departments and agencies and states have properly implemented and certified relief from firearms disabilities programs under the National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007 (NIAA), and to make any related determinations under the NIAA regarding such relief from firearms disabilities programs. Director AD, Enforcement Programs and Services (EPS) May be redelegated to the Chief, Firearms and Explosives Industry Division (FEID) 3260 - Investigative Aids and Techniques [Prior DO – ATF O 1100.165] OPI: Office of Field Operations Authority Citation Authority Narrative Delegation Redelegation Title 28 CFR §§ 0.130 through 0.133, Functions, delegations and continuity of regulations of ATF To refer law enforcement Title III applications to the Attorney General. AD (FO) DAD (FO) 3319 – Explosives Enforcement and Training Division [Prior DO – ATF O 1120.4] Specific Subject: Applications for Relief from Federal Firearms and/or Explosives Disabilities OPI: Office of Field Operations Authority Citation Authority Narrative Delegation Redelegation AG Order No. 2650-2003, Organization of the Bureau of Alcohol, Tobacco, Firearms and Explosives, dated 1/24/03 Firearms. The Assistant Director (Office of Field Operations) is to make determinations on applications for relief from Federal firearms disabilities. AD (FO) Chief, Explosives and Training Division Explosives. The Assistant Director, Office of Field Operations makes determinations on applications for relief from Federal explosives disabilities. AD (FO) Chief, Explosives and Training Division 46 | P a g e ATF O 1100.168C Exhibit 1 3400 - Property Taken Into Bureau Custody [Prior DO – ATF O 1151.4] Specific Subject: Seized Personal Property OPI: Office of Management Authority Citation Authority Narrative Delegation Redelegation Title 21 U.S.C. § 881(a), Title 18 U.S.C. § 924(d)(1), Title 18 U.S.C. § 844(c)(1), Title 18 U.S.C. § 981(a)(1)(A)(C), Title 18 U.S.C. § 982(a)(1), Title 18 U.S.C. §1963(a), Title 18 U.S.C. § 2344(c), Title 18 U.S.C. § 3667, Title 21 U.S.C. § 853(a), Title 22 U.S.C. § 2778(c), Title 26 U.S.C. § 5872(a), Title 49 U.S.C. § 80303 To administer the policies and regulations for administrative forfeitures. Chief, Asset Forfeiture and Seized Property Division (AFSPD) May not be redelegated ATF O 3400.1D, Property Taken Into Bureau Custody, dated 5/6/2015 ATF Property Manual – Property Taken Into Bureau Custody (2015) 47 | P a g e ATF O 1100.168C Exhibit 1 5000 SUBJECT CLASSIFICATION CODE DELEGATION ORDERS 5300 - Firearms and Ammunition Program [Prior DO – ATF O 1120.5] Specific Subject: Annual Firearms Manufacturing and Exportation Report OPI: Enforcement Programs and Services Authority Citation Authority Narrative Delegation Redelegation Title 18 U.S.C. Chapter 44, Firearms The authority to require the filing of ATF Form 5300.11 or ATF E-Form 5300.11, Annual Firearms Manufacturing and Exportation Report Under 18 U.S.C. Chapter 44, Firearms. Director Chief, Firearms and Explosives Services Division (EPS) Title 28 U.S.C. § 599A Title 18 U.S.C. § 923(g)(5) 5300 - Firearms and Ammunition Program [Prior DO – ATF O 1130.4] Specific Subject: Delegation of Certain Authorities of the Director in 27 CFR Parts 447, 478, and 479 OPI: Enforcement Programs and Services Authority Citation Authority Narrative Delegation Redelegation Title 27 CFR Part 447, Importation of arms, ammunition and implements of war; Part 478, Commerce in firearms and ammunition; and Part 479, Machine guns, destructive devices, and certain other firearms A. Under current regulations, the Director has authority to take final action on certain matters relating to: Director DAD (EPS) 1. Title 27 CFR part 478; 2. Title 27 CFR part 479; and 3. Title 27 CFR part 447. B. Title 27 CFR part 478, to: 1. Prescribe all forms required by 27 CFR Part 478, under 27 CFR § 478.21. Branch Chief (Firearms and Explosives Services Division (FESD)) 2. Approve written applications for alternate methods or procedures, under 27 CFR § 478.22(a). 3. Withdraw authority for any alternate method or procedure, under 27 CFR § 478.22(a). 4. Approve written applications for emergency variations, under 27 CFR § 478.22(b). 5. Withdraw authority for any emergency variations, under 27 CFR § 478.22(b). 48 | P a g e ATF O 1100.168C Exhibit 1 6. Determine whether a particular firearm is a curio or relic, under 27 CFR § 478.26. 7. Determine whether a device is excluded from the definition of a destructive device, under 27 CFR § 478.27. 8. Approve the transportation in interstate or foreign commerce of any destructive device, machinegun, short-barreled shotgun, or short-barreled rifle, under 27 CFR § 478.28. 9.a. Authorize alternate means of identification of a firearm or destructive device by a licensed importer or licensed manufacturer, under 27 CFR § 478.92. Chief, Firearms Technology Industry Services Branch (FTISB) and Chief, Firearms Technology Criminal Branch (FTCB) Chief, National Firearms Act (NFA) Branch and NFA Legal Instruments Examiners Chief, FTISB, and Firearms Marking Variance Specialist 9.b. Withdraw authority for alternate means of identification of a firearm or destructive device, under 27 CFR § 478.92 with the authority to Chief, FTISB. Chief, FTISB and Chief, FTCB 10. Approve applications for sale or delivery of destructive device or weapon, under 27 CFR § 478.98. Legal Instruments Examiners NFAD and FESD. NFA Legal Instruments Examiners 11. Furnish each licensed dealer information defining which projectiles are considered armor piercing, under 27 CFR § 478.99(e). Chief, FTISB and Chief, FTCB 12. Approve applications to import firearms, firearms barrels, and ammunition, under subpart G of 27 CFR Part 478, under 27 CFR §§ 478.112, 478.113, 478.113a, 478.114, 478.116, and 478.118. Chief, Imports Branch Chief, Imports Branch 13. Determine if certain shipments of firearms or ammunition to members of the Armed Forces Chief, FTISB and Chief, FTCB 49 | P a g e ATF O 1100.168C Exhibit 1 would violate the Gun Control Act or other Federal law, or whether certain firearms or ammunition are considered to be generally recognized as particularly suitable for sporting purposes, under 27 CFR § 478.141(c). 14. Designate research organizations exempt from the provisions of § 478.98, with respect to the sale or delivery of destructive devices, machineguns, short barreled shotguns, or short-barreled rifles to such research organizations, under 27 CFR § 478.145. 15. Exempt certain armor piercing ammunition from the requirements of this part, and to require that a sample of the ammunition be submitted for examination and evaluation, under 27 CFR § 478.148. Chief, NFA Chief, FTISB and Chief, FTCB 16. Authorize the manufacture, importation, sale, or delivery of armor piercing ammunition for the purpose of testing or experimenting, under 27 CFR § 478.149. 17. Authorize the assembly of nonsporting semiautomatic rifles or shotguns for the purpose of testing or experimenting, under 27 CFR § 478.151 C. Title 27 CFR part 479, to: 1. Prescribe all forms required by 27 CFR Part 479, under 27 CFR § 479.21. DAD (EPS) Chief, FESD 2. Determine whether a device is excluded from the definition of a destructive device, under 27 CFR § 479.24. Chief, FTISB and Chief, FTCB 3. Determine whether a firearm or device, which, although originally designed as a weapon, is by reason of the date of its manufacture, value, design, and 50 | P a g e ATF O 1100.168C Exhibit 1 other characteristics, primarily a collector's item and is not likely to be used as a weapon, under 27 CFR § 479.25. 4. To approve alternate methods or procedures, under 27 CFR § 479.26(a). Chief, NFA 5. Withdraw approval of alternate methods or procedures, under 27 CFR § 479.26(a). 6. Approve emergency variations, under 27 CFR § 479.26(b). 7. Withdraw approval of emergency variations, under 27 CFR § 479.26(b). 8. Relieve qualified persons of the requirement to pay special (occupational) tax, under 27 CFR § 479.33(a). 9. Relieve qualified manufacturers from compliance with any provision of 27 CFR Part 479, under 27 CFR § 479.33(a). 10. Maintain supply of stamps bearing the words "National Firearms Act," representing payment of tax on the making of a firearm, under 27 CFR § 479.61. NFA Legal Instrument Examiners 11. Affix National Firearms Act (NFA) stamp to original application authorizing the making of a firearm, under 27 CFR § 479.62. 12. Approve applications to make a firearm, under 27 CFR § 479.64. 13. Approve applications to make a firearm, under 27 CFR § 479.69. 51 | P a g e ATF O 1100.168C Exhibit 1 14. Approve applications to make a firearm by or on behalf of certain governmental entities, under 27 CFR § 479.70. 15. Approve applications to transfer firearms and to affix NFA stamps, under 27 CFR § 479.86. 16. Approve applications to transfer firearms to special (occupational) taxpayers, under 27 CFR § 479.88. 17. Approve applications to transfer firearms to certain government entities, under 27 CFR § 479.90(b). 18. Approve applications to transfer unserviceable firearms as a curio or ornament, under 27 CFR § 479.91. 19. Maintain a central registry (the National Firearms Registration and Transfer Record) of all firearms in the United States which are not in the possession or under the control of the United States, under 27 CFR § 479.101. 20. a. Authorize other means of identification of firearms, under 27 CFR § 479.102. Chief, NFA Chief, FTISB, Chief, FTCB and Firearms Marking Variance Specialist 20. b. Withdraw Authority for other means of identification of firearms, under 27 CFR 479.102. Chief, FTISB, Chief, FTCB 21. Receive notice and effectuate registration of firearms manufactured, under 27 CFR § 479.103. NFA Legal Instruments Examiners 52 | P a g e ATF O 1100.168C Exhibit 1 22. Approve registration of firearms acquired by certain government entities, under 27 CFR § 479.104. 23. Approve importations of firearms, under 27 CFR § 479.111(a). Chief, Imports Branch 24. Receive notice and effectuate registration of imported firearms, under 27 CFR § 479.112(a). NFA Legal Instruments Examiners 25. Approve importations of firearms by an importer or dealer qualified under 27 CFR Part 479, for use as a sample in connection with sales of such firearms to Federal. state or local government entities, under 27 CFR § 479.112(d). Chief, Imports Branch 26. Approve applications for the conditional importation of firearms and impose conditions upon such importation of firearms, under 27 CFR § 479.113. 27. Approve applications and execute permits for the exportation of firearms, under 27 CFR § 479.115. NFA Legal Instruments Examiners 28. Vary the requirements relating to permits and supporting documents for firearms exported to persons in the insular possessions of the United States, under 27 CFR § 479.121. Chief, NFA 29. Issue duplicate documents evidencing possession of a firearm, under 27 CFR § 479.142. NFA Legal Instruments Examiners 30. Maintain a supply of stamps bearing the words "National Firearms Act" representing payment of the transfer tax or tax on making a firearm, under 27 CFR § 479.161. Chief, NFA 31. Affix the appropriate "National Firearms Act" stamp evidencing payment of the transfer tax or tax on making firearm, under 27 CFR § 479.161. NFA Legal Instruments Examiners D. Title 27 CFR part 447, to: 53 | P a g e ATF O 1100.168C Exhibit 1 1. Approve applications for registration of persons to import articles enumerated on the U.S. Munitions Import List, under 27 CFR § 447.32(a). Chief, Imports Branch 2. Approve the refund of registration fee, under 27 CFR § 447.32(c). 3. Prescribe a longer or shorter period of records retention, under 27 CFR § 447.34(b). 4. Prescribe all forms required by 27 CFR Part 447, under 27 CFR § 447.35(a). 5. Approve permit applications to import firearms, ammunition, and implements of war, under 27 CFR § 447.42. 6. Amend, alter, or certify permits to import firearms, ammunition, and implements of war, under 27 CFR § 447.43(c). 7. Deny, revoke, suspend, or revise permits to import firearms, ammunition, and implements of war, under 27 CFR §§ 447.44(a) and (b). 8. Certify to the legality of importation of articles on the U.S. Munitions Import List, under 27 CFR § 447.51. 5300 - Firearms and Ammunition Program [Prior DO – ATF O 1120.3] Specific Subject: National Firearms Registration and Transfer Record OPI: Enforcement Programs and Services Authority Citation Authority Narrative Delegation Redelegation Title 27 CFR § 479.101, Registration of firearms, and Authority is delegated to maintain custody and control of the National Firearms Registration and Transfer Record, and authority to execute certifications relative thereto. Director Chief, Firearms and Explosives Services Division; Chief, National Firearms Act Branch; and Supervisory Legal Instruments AG Order No. 26502003, Organization of the Bureau of Alcohol, Tobacco, Firearms and Explosives, dated 1/24/2003 54 | P a g e ATF O 1100.168C Exhibit 1 Examiners, and Legal Instrument Examiners, NFA Branch 5320 - National Firearms Act [Prior DO – ATF O 1130.34] Specific Subject: Importation of Arms, Ammunition, and Implements of War OPI: Enforcement Programs and Services Authority Citation Authority Narrative Delegation Redelegation Title 26 CFR § 301.7701-9, Under current regulations the Director has authority to take final action on matters relating to procedure and administration. The Bureau has determined that certain of these authorities should, in the interest of efficiency, be delegated to a lower organizational level. Director 27 CFR §§ 447.32(a) and (c): Specialist or Legal Instruments Examiner, Firearms and Explosives Imports Branch (FEIB) Title 27 CFR, Part 447, Importation of arms, ammunition and implements of war, and Title 28 U.S.C. § 599A, Bureau of Alcohol, Tobacco, Firearms and Explosives 27 CFR § 447.33: Specialist or Legal Instruments Examiner, FEIB 27 CFR § 447.34(b): Chief, FEIB, to prescribe retention period of less than 6 years. Director of Industry Operations to prescribe retention period of more than 6 years. 27 CFR § 447.35(a): Chief, FEIB 27 CFR § 447.42(a)(2): Specialist or Legal Instruments Examiner, FEIB 55 | P a g e ATF O 1100.168C Exhibit 1 27 CFR § 447.43(c): Chief, or Deputy Chief, Firearms and Explosives Services Division 27 CFR §§ 447.44(a) and (b): Chief, FEIB, to deny, to revoke, suspend or revise 27 CFR § 447.44(c): Chief, or Deputy Chief, Firearms and Explosives Services Division 27 CFR § 447.44(d): Supervisory Legal Instruments Examiner, FEIB, to receive permits 27 CFR § 447.51: Specialist and Legal Instruments Examiner, FEIB 27 CFR § 447.52(b): Imports Branch Chief, FEIB 27 CFR § 447.52(f): Chief FEIB, Specialist, and Legal Instruments Examiner, FEIB, to determine if documents are acceptable. Supervisory Legal Instruments 56 | P a g e ATF O 1100.168C Exhibit 1 Examiner, FEIB, with whom certification is filed, and to require additional documents. 5320 - National Firearms Act [Prior DO – ATF O 1100.145B] Specific Subject: Information Requested by Federal and State Agencies OPI: Enforcement Programs and Services Authority Citation Authority Narrative Delegation Redelegation Title 26 U.S.C. § 6103(o) Title 26 U.S.C. § 6103(o), provides that NFA information shall be open to inspection by or disclosure to officers and employees of a Federal agency whose official duties require such inspection or disclosure. Only certain officials are authorized to make NFA disclosures to other Federal agencies pursuant to 26 U.S.C. § 6103(o). DAD (FO) May not be redelegated Title 26 U.S.C. § 6103(i)(3)(B)(i), provides that NFA information may be disclosed under circumstances involving an imminent danger of death or physical injury to any person. Title 26 U.S.C. § 6103(i)(3)(B)(i) provides that NFA information may be disclosed to appropriate officers or employees of any Federal or State law enforcement agency to apprise them of such circumstances. Only certain officials are authorized to make NFA disclosures to other Federal and state agencies pursuant to 26 U.S.C. § 6103(i)(3)(B)(i) Deputy Director Title 26 U.S.C. § 6103 (i)(3)(B)(i) Title 26 U.S.C. § 6103(i)(7)(A)(i) Title 26 U.S.C. § 6103(i)(7)(A)(ii) Title 26 U.S.C. § 6103(i)(7)(B) SACs AD (FO) Chief, Special Operations Division Disclosure Procedures: a. Requests from other Federal agencies for disclosure of NFA information pursuant to 26 U.S.C. § 6103(o), must be in writing (except for emergency situations) and must state that the requesting agency will meet the safeguard requirements contained in 26 U.S.C. § 6103(p)(4). b. Requests from other Federal or state agencies for the disclosure of NFA information 57 | P a g e ATF O 1100.168C Exhibit 1 pursuant to 26 U.S.C. § 6103(i)(3)(B)(i) may be made orally. However, within a reasonable amount of time after such request, the Federal or State agency must submit a follow up written request for the disclosure of the NFA information. In addition, the Federal or state agency must State that it will meet the safeguard requirements contained in 26 U.S.C. § 6103(p)(4). 5400 - Explosives Program [Prior DO – ATF O 1120.2A] Specific Subject: Determinations on Notices of Clearance, Letters of Clearance, or Denial and Appeals of Letters of Denial OPI: Enforcement Programs and Services Authority Citation Authority Narrative Delegation Redelegation Title 18 U.S.C. § 843(h), and To make determinations on Notices of Clearance, Letters of Clearance, Letters of Denial, and Appeals of Letters of Denial under 18 U.S.C. 843(h) for responsible persons and employee possessors listed on explosives licenses and permits. Director Chief, Federal Explosives Licensing Center AG Order No. 2650-2003, Organization of the Bureau of Alcohol, Tobacco, Firearms and Explosives, dated 1/24/2003 5400 – Explosives Program Specific Subject: Appeal on Petition to the Director OPI: Office of Field Operations Authority Citation Authority Narrative Delegation Redelegation Title 27 CFR § 555.79 Appeal on petition to the Director To receive, review, consider and decide petitions on appeal to the Director in license and permit proceedings under 27 CFR Part 555, Commerce in Explosives, subpart E, License, and Permit Proceedings. Director May be redelegated to a member of the Senior Executive Service within the office of the Director. May not be further redelegated. 58 | P a g e ATF O 1100.168C Exhibit 1 6000 SUBJECT CLASSIFICATION CODE DELEGATION ORDERS 6100 - Training and Program Development and Delivery [Prior DO – ATF O 1170.1A] OPI: Office of Human Resources and Professional Development Authority Citation Authority Narrative Delegation Redelegation Title 28 U.S.C. § 0.163 To exercise the authority vested in the Attorney General by 5 U.S.C. 4109, with respect to the selection and assignment of employees for training by, in, or through Government facilities and the payment or reimbursement of expenses for such training. ADs DADs, Division Chiefs, Program Managers, and Training Managers Title 5 CFR § 410.201 To establish, budget for, operate, maintain, and evaluate plans and programs for training agency employees by, in, and through Government or non-Government facilities, as appropriate. ADs DADs; Division Chiefs To establish policies governing employee training, including a statement of the alignment of employee training and development with agency strategic plans, the assignment of responsibility to ensure the training goals are achieved, and the delegation of training approval authority to the lowest appropriate level. AD (HRPD) To establish priorities for training employees and allocate resources according to those priorities. ADs To develop and maintain plans and programs that: AD (HRPD) Division Chiefs (HRPD) 1) Identify mission-critical occupations and competencies; 2) Identify workforce competency gaps; 3) Include strategies for closing competency gaps; and 4) Assess periodically, but not less than annually, the overall agency talent management program to identify training needs within the agency as 59 | P a g e ATF O 1100.168C Exhibit 1 required by section 303 of E.O. 11348. Title 5 CFR § 410.302 To prescribe procedures as are necessary to ensure that the selection of employees for training is made without regard to political preference, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights as provided by the merit system principles set forth in 5 U.S.C. 2301 (b)(2). AD (HRPD) To prescribe procedures as are necessary to ensure that the training facility and curriculum are accessible to employees with disabilities. AD (HRPD) To not allow training in a facility that discriminates in the admission or treatment of students. ADs Title 5 CFR § 410.307 To determine whether an agency may train an employee to meet the qualification requirements of a position in another agency. AD (HRPD) Title 5 CFR § 410.308 To assess and maintain records on the effectiveness of training assignments to obtain an academic degree. AD (HRPD) Title 5 CFR § 410.309 To establish written procedures that include the minimum requirements for continued service agreements. AD (HRPD) DADs, Division Chiefs To establish procedures to compute length of training period for academic degree training programs in accordance with § 410.310(d). Title 5 CFR § 410.401 To determine which expenses constitute necessary training expenses under section 4109 of title 5, U.S.C. ADs Title 5 CFR § 410.405 To establish such procedures as he or she considers necessary to protect the Government’s interest when employees fail to complete, or to successfully complete, training for which the agency pays expenses. AD (HRPD) Title 5 CFR § 412.201 To develop a comprehensive management succession program, based on the agency’s workforce AD (HRPD) DADs, Division Chiefs DAD (HRPD), Division Chiefs (HRPD) 60 | P a g e ATF O 1100.168C Exhibit 1 succession plans, to fill agency supervisory and managerial positions. 61 | P a g e ATF O 1100.168C Exhibit 1 8000 SUBJECT CLASSIFICATION CODE DELEGATION ORDERS 8620 - Personnel Security Investigations [Prior DO – ATF O 1180.1A] OPI: Office of Professional Responsibility and Security Operations Authority Citation Authority Narrative Delegation Redelegation E.O. 10450, Security Requirements for Government Employment, dated 4/27/1953, To perform the operating functions relating to personnel security; authority to grant Top Secret, Secret, and Confidential security clearances to all employees, except the Director, other assigned political appointees, Schedule C employees, and attorneys; this includes the granting of interim clearances; to waive the preappointment full-field background investigation requirements; to deny, suspend, or revoke eligibility for initial or continued access to classified information; to develop, implement, and manage a contractor personnel security program; and to make security determinations for all ATF contractors for non-classified contracts. AD (OPRSO)/CSO The authority given to the AD, OPRSO may not be redelegated. In addition the recommendation authority delegated to the Chief, Personnel Security Division, to carry out the duties of personnel security program, may not be redelegated. E.O. 12968, Access to Classified Information, dated 8/2/1995, DOJ Order 2600.2D, Security Programs and Responsibilities, dated 06/11/2011, and DOJ Memorandum dated 1/24/03, Delegation of Authority To grant the security clearance for the Personnel Security Officer. E.O. 10450, Security Requirements for Government Employment, dated 4/27/1953, E.O. 12968, Access to Classified Information, dated 8/2/1995, and DOJ Order 2600.2D, Security Programs and Responsibilities, dated 06/11/2011 Title 28 CFR § 17.11; DOJ Memorandum dated 11/24/03, Delegation of Authority DOJ Memorandum dated 6/7/04, Temporary AD (OPRSO)/CSO May not be redelegated. To grant Confidential, Secret, or Top Secret clearances, including interim clearances, to noncontractor personnel outside the Executive Branch; including, but not limited to state and local law enforcement officials. AD (OPRSO)/CSO May not be Redelegated. The AD, OPRSO, has designated the Chief, Personnel Security Division, to carry out the duties of personnel security program Indefinite delegation to approve law student volunteer applicants whose pre-employment paperwork does not reflect significant derogatory information. CC Chief, Personnel Security Division/Personnel Security Officer To review and approve the FBI background investigations for attorneys and law students. CC Chief, Personnel Security 62 | P a g e ATF O 1100.168C Exhibit 1 Delegation of Authority to Approve Appointments of Certain Law Student Volunteer Applicants DOJ Delegation of Personnel Authorizations by the Head of the Organization, dated 4/14/03 Division/Personnel Security Officer To review all clearance denials or revocation. CC May not be redelegated DOJ Policy Memorandum #2013-02, Department of Justice Appeal Process for Denial or Revocation of Eligibility 8800 - Information Security [Prior DO – ATF O 1180.2] OPI: Office of Professional Responsibility and Security Operations Authority Citation Authority Narrative Delegation Redelegation Title 6 U.S.C. § 531, and Act as the executive level point of contact for all security matters for the Bureau and strategically direct policy and oversight related to security and emergency preparedness activities for the directorates, field divisions and their components, employees and contractors. AD (OPRSO)/ CSO May not be redelegated Director May not be redelegated Title 28 CFR §§ 0.130 through 0.133, Functions, delegations and continuity of regulations of ATF Provides strategic direction and is directly responsible for the following programs: 1. 2. 3. 4. 5. Physical Security. Personnel Security. Information Security. Emergency Preparedness. Continuity of Operations /Continuity of Government. 6. Operations Security. 7. Executive Protection. Coordinates and supports: E.O. 12958, Classified National Security Information, dated 4/17/1995 and 1. IT and Telecommunications Security. 2. Document Security. Provides guidance when making original classification, declassification, and downgrading decisions on classified National 63 | P a g e ATF O 1100.168C Exhibit 1 ATF O 8800.1E, Information Security, dated 8/29/2017 Security Information at the Top Secret, Secret, and/or Confidential levels. 64 | P a g e ATF O 1100.168C Exhibit 1 9000 SUBJECT CLASSIFICATION CODE DELEGATION ORDERS 9000 - Freedom of Information [Prior DO – ATF O 1190.4] OPI: Office of Public and Governmental Affairs Authority Citation Authority Narrative Delegation Redelegation Freedom of Information Act (FOIA): ATF O 9000.1B, Public and Governmental Affairs, dated 10/10/2013, Acting as the principle advisor to ATF’s Senior management officials on all matters relating to the public disclosure of information subject to FOIA and PA. Chief, Disclosure Division May not be redelegated Title 5 U.S.C. § 555, as amended, Freedom of Information Act Improvement Act of 2016, Public Law 114185, Title 28 CFR § 16 Privacy Act (PA): Privacy Act, as amended, Title 5 U.S.C. § 552a, Formulating and implementing ATF policy as it relates to the FOIA and PA, and supervising the centralized processing of all request submitted to the Bureau. Servers as the Senior Component Official for Privacy (SCOP), ensuring all system of Record Notices (SORN) and Privacy Impact Assessments (PIA) are current. DOJ Order 0601, Privacy and Civil Liberties, dated 2/6/14 65 | P a g e ATF O 1100.168C Exhibit 1 9310 - Correspondence Management [Prior DO – ATF O 1100.2C] OPI: Office of Public and Governmental Affairs Authority Citation Authority Narrative Delegation Redelegation Title 28 U.S.C. § 599A, Bureau of Alcohol, Tobacco, Firearms and Explosives, and 1. To sign official ATF correspondence. Director DD 2. To sign official ATF correspondence and related documents pertaining to: ADs and Chief Counsel May not be redelegated b. Official correspondence of a technical nature directed to counterparts in DOJ, other DOJ components, the public, industry members, and other Government agencies. AD, Public and Governmental Affairs (PGA) May not be redelegated 3. To sign correspondence prepared in response to congressional inquiries referred to the PGA as such reply constitutes routine or informational reply. Acting ADs and Acting CC Not below the level of branch chief Title 28 CFR §§ 0.130 through 0.133, Functions, delegations and continuity of regulations of ATF a. Operational matters directed to other ATF Headquarters and field offices under their supervision. 4. All individuals designated to act for an official will sign their own name as the acting official rather than signing “for” that official. 9700 - Legal Counsel [Prior DO – ATF O 1190.3] OPI: Office of Chief Counsel Authority Citation Authority Narrative Delegation Redelegation Title 28 CFR § 0.130, General Functions, To establish the Office of Chief Counsel within the Bureau of ATF and set forth delegations of authority to the Chief Counsel in the following areas: providing legal advice, drafting legal opinions and other documents that interpret laws and regulations, litigation, compromise authority, personnel, organization, remission or mitigation of forfeiture. Chief Counsel May be redelegated at the discretion of the Chief Counsel insofar as such delegations comply with any applicable regulations, directives or policies of the DOJ Title 28 CFR § 0.131, Specific Functions, Title 28 CFR § 0.132, Delegation respecting claims against the Bureau of Alcohol, Tobacco, Firearms and Explosives, Title 28 CFR § 0.133, Transition and continuity of regulations, 66 | P a g e ATF O 1100.168C Exhibit 1 Title 28 CFR § 0.138, Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Bureau of Prisons, Federal Prison Industries, Immigration and Naturalization Service, United States Marshals Service, Office of Justice Programs, Executive Office for Immigration Review, Executive Office for United States Attorneys, Executive Office for United States Trustees, Title 28 CFR § 0.140, Authority relating to advertisements, and purchase of certain supplies and services, Title 28 CFR § 0.141, Audit and ledger accounts, Title 28 CFR § 0.142, Per diem and travel allowances, Title 28 CFR § 0.143, Incentive Award Program, Title 28 CFR § 0.144, Determination of Basic Workweek, Title 28 CFR § 0.145, Overtime Pay, Title 28 CFR § 0.146, Seals, Title 28 CFR § 0.147, Certification of obligations, 67 | P a g e ATF O 1100.168C Exhibit 1 Title 28 CFR § 0.148, Certifying Officers, Title 28 CFR § 0.149, Cash payments, Title 28 CFR § 0.151, Administering Oath of Office, Title 28 CFR § 0.152, Approval of funds for attendance at meetings, Title 28 CFR § 0.153, Selection and assignment of employees for training, Title 28 CFR § 0.154, Advance and evacuation payments and special allowances, and Title 28 CFR § 0.155, Waiver of claims for erroneous payments of pay and allowances. 68 | P a g e ATF O 1100.168A EXHIBIT 2 ABBREVIATIONS A AAG AAG/A AD AFSPD AG AS ASAC ATF Assistant Attorney General Assistant Attorney General for Administration Assistant Director Asset Forfeiture and Seized Property Division Attorney General Area Supervisor Assistant Special Agent in Charge Bureau of Alcohol, Tobacco, Firearms and Explosives B BAB BCPO BDO Bureau Advisory Board Bureau Chief Procurement Officer Bureau Deciding Official C CAT CC CFO CFR CIO CO CS CSO Component Assessment Team Chief Council Chief Financial Officer Code of Federal Regulations Chief Information Officer Contracting Officer Contract Specialist Chief Security Officer D DAD DCFO DD DIO DO DOJ Deputy Assistant Director Deputy Chief Financial Officer Deputy Director Director of Industry Operations Delegation Order Department of Justice E EA EEO E.O. EPS Executive Assistant Equal Employment Opportunity Executive Order Enforcement Programs and Services (Office of) F FAR FEIB FEID FESD FITARA FFL FLETC FMD FMFIA FMR FOIA FO FTCA FTCB FTISB FR Federal Acquisition Regulation Firearms and Explosives Imports Branch Firearms, Explosives Industry Division Firearms and Explosives Services Division Federal Information Technology Acquisition Reform Act Federal Firearms Licensee or Federal Firearms License Federal Law Enforcement Training Center Financial Management Division Federal Managers Financial Integrity Act Federal Management Regulations Freedom of Information Act Field Operations (Office of) Federal Tort Claims Act Firearms Technology Criminal Branch Firearms Technology Industry Services Branch Federal Register 69 | P a g e ATF O 1100.168A EXHIBIT 2 G GS GSA Group Supervisor General Services Administration H HIDTA HR HROD HRPD HQ High Intensity Drug Trafficking Area Human Resources Human Resources Operations Division Human Resources and Professional Development (Office of) Headquarters (Bureau) I ID IG IO IT Identification (media) Inspector General Industry Operations Information Technology J JAR JMD Justice Acquisition Regulations Justice Management Division M MPB Merit Promotion Board N NFA NFAD NIAA NICS National Firearms Act National Firearms Act Division NICS Improvement Amendments Act National Instant Criminal Background Check System O OARM OCDETF OEEO OFPP OM OMB OPI OPM OPRSO OSII OST Office of Attorney Recruitment and Management Organized Crime Drug Enforcement Task Force Office of Equal Employment Opportunity Office of Federal Procurement Policy Office of Management (ATF) Office of Management and Budget Office of Primary Interest (e.g., owner of the delegation of authority) Office of Personnel Management Office of Professional Responsibility and Security Operations Office of Strategic Intelligence and Information Office of Science and Technology P PA PCS PGA PGD PRB Privacy Act Permanent Change of Station Public and Governmental Affairs Procurement Guidance Document Professional Review Board R RAC Resident Agent in Charge 70 | P a g e ATF O 1100.168A EXHIBIT 2 S SAC SAT SBA SES SF § §§ Special Agent in Charge Senior Assessment Team Small Business Act Senior Executive Service Standard Form Section (of the Code of Federal Regulations or the United States Code) Sections (of the Code of Federal Regulations or the United States Code) T TDY TFO Temporary Duty Travel Task Force Officer U U.S.C. United States Code 71 | P a g e