DATE:  January 17, 2008
SUBJECT:  Delegation of Authority Concerning Personnel Management
By virtue of the authority vested in the Secretary of the Treasury, including the authority vested by 31 U.S.C. 321(b), 5 U.S.C. 301 and 302, 5 U.S.C. 7114(c), and by the regulations of the Office of Personnel Management, there is hereby delegated to the Assistant Secretary (Management) all of the Secretary’s personnel management authority subject to the conditions and exceptions noted below. 
a.       The Assistant Secretary (Management) is delegated authority to:
1)      establish personnel management policy and procedures for the Department.  Except as specified in this Order, such policies and procedures shall be binding on all constituent elements of the Department, regardless of how and where personnel functions are assigned; whether or not personnel are paid from appropriated or non-appropriated funds; and whether or not personnel are in the competitive or excepted Civil Service or in the Senior Executive Service (SES);
2)      evaluate the effectiveness of the Department’s personnel management program at all organizational levels and require appropriate remedial action;
3)      take final actions with respect to prohibited personnel practices in the Department in response to recommendations by the Special Counsel or orders by the Merit Systems Protection Board after consulting with appropriate senior Departmental officials on matters involving positions under their respective jurisdictions;
4)      review and approve, in accordance with 5 USC 7114(c), all agency collective bargaining agreements that are negotiated at the bureau or national level, whether such agreements are basic or midterm in nature;
5)      grant or deny law enforcement officer coverage/credit under the Federal Employees’ Retirement System and the Civil Service Retirement System in accordance with provisions at Chapters 84 and 83 of Title 5, United States Code;
6)      perform the duties of the Secretary of the Treasury to implement Executive Order 12564, Drug-Free Federal Workplace; and
7)      exercise any other personnel management authority that is vested in the Secretary pursuant to statute or regulation.
b.      Bureau heads are delegated authority to:
1)      take final personnel actions on matters pertaining to the employment, direction, and general administration of personnel, subject to any limitations and requirements established by the Assistant Secretary (Management) under paragraph l a.  For Departmental Offices, the Assistant Secretary (Management) shall be regarded as a bureau head, except as superseded by the provisions in 5 a. and 5 d. of this Order; and
2)      review and approve, in accordance with 5 USC 7114(c), all collective bargaining agreements within their respective organizations other than those agreements that are negotiated at the bureau or national level.
2.      EXCEPTIONS TO DELEGATION.   This Order does not delegate authority pertaining to any matter, which, by law or regulation of outside agencies, requires the personal decision of the agency head.  
a.        The following functions are reserved to the Deputy Secretary:
1)      taking personnel actions, including the appointment, reassignment, detail, assignment of performance ratings, granting of performance awards (bonuses), setting or adjustment of pay, removal, or discipline of top SES officials in the Department.  Top officials shall include the Fiscal Assistant Secretary, SES bureau heads, SES deputy bureau heads, and such additional SES members as may be designated in writing by the Deputy Secretary;
2)      performing agency performance assessment and SES performance management system oversight functions as the agency head’s designee under OPM regulations at 5 CFR 430.404(a)(5) and (a)(6): 
(a)    assessing agency performance annually and issuing performance evaluation guidelines to SES employees, appropriate SES rating and reviewing officials, and Performance Review Board members in connection with the conduct of individual performance evaluations; and
(b)   overseeing the SES performance appraisal system and certifying that the process makes meaningful distinctions based on relative performance; that it takes into account the assessment of agency performance; and that pay adjustments, cash awards, and levels of pay based on appraisals accurately reflect and recognize individual performance and/or contribution to agency performance;
3)   making SES pay determinations that by OPM regulations at 5 CFR 534.404 require approval by the agency head designee performing the assessment and oversight functions described in paragraph (3)(a)(2), to include
(a)    approving SES base pay at any rate that exceeds the rate of EX-III;
(b)   approving exceptions to the 12-month waiting period between SES pay adjustments prescribed by OPM regulations; and
(c)    approving pay at a rate above the previous rate of pay upon reappointment to the SES when there has been a break in service of 30 days or less;
4)      approving on an annual basis final SES performance ratings, performance awards (bonuses), and performance-based pay adjustments for all SES members in the Department;
5)      approving SES pay adjustments outside of the Department’s annual performance-based pay adjustment cycle and exceptions to prescribed SES pay adjustment ranges; and
6)      approving the awarding of a bonus and Presidential Rank Award to any SES employee in the same calendar year.
b.      The Secretary and Deputy Secretary shall retain the right to exercise any authority that is delegated under this Order, and to review any other official’s exercise of an authority that is delegated under this Order.
4.      EXCEPTIONS TO RESERVED AUTHORITIES.  When no one is performing the duties of the Deputy Secretary, the Assistant Secretary (Management) is authorized to exercise the authorities in paragraphs 3a and b. 
a.       Inspectors General.  
(1)   The authority of the Inspector General of the Department of the Treasury concerning personnel management is defined in the Inspector General Act of 1978, as amended, and in Treasury Order (TO) 114-01, dated May 16, 1989, or any successor Order.  The provisions of TO 102-01 shall not be construed to interfere with that authority. 
(2)   The authority of the Treasury Inspector General for Tax Administration concerning personnel management is defined in the Inspector General Act of 1978, as amended, and in Treasury Order 115-01, dated January 14, 1999, or any successor Order.  The provisions of TO 102-01 shall not be construed to interfere with that authority.
b.      Office of the Comptroller of the Currency.  The Comptroller of the Currency shall continue to exercise their statutory authorities to appoint, direct and compensate employees of those offices. 
c.       IRS Oversight Board.  The Chairperson of the Internal Revenue Service Oversight Board shall exercise the Chairperson’s statutory authority to appoint and terminate personnel of the Board.
d.      Legal Division.  The personnel authority of the General Counsel with respect to personnel of the Legal Division of the Department of the Treasury is defined in TO 107-04, dated July 25, 1989, and TO 107-07, dated January 27, 2006. This TO 102-01 does not supersede those orders.
e.       Personnel Security.  The Department’s personnel security program is governed by a separate delegation set out in TO 102-17.
6.      REDELEGATION.  The authority delegated by this order may be redelegated.
7.       CANCELLATION.  TO 102-01, Delegation of Authority Concerning Personnel Management, dated September 25, 1992; Treasury Order 102-08, Authority to Take Final Action with Respect to Prohibited Personnel Practices, dated November 5, 1986; Treasury Order 101-08, Delegation of Authority to Conduct Agency Head Review of Labor Agreements, dated May 17, 1999; Treasury Order 101-19, Determination of Law Enforcement Officer Coverage/Credit Under the Federal Employees Retirement System and the Civil Service Retirement System, dated March 31, 2000; Treasury Order 102-09, Delegation of Authority to Implement Executive Order 12564, Drug-Free Federal Workplace, dated October 21,1999; and Treasury Order 101-10, Establishment of Departmental Executive Resources Board and Departmental Performance Review Board, dated August 17, 1984; are superseded.
Henry M. Paulson, Jr.
Secretary of the Treasury
Last Updated: 3/22/2018 11:06 AM