[Federal Register Volume 68, Number 44 (Thursday, March 6, 2003)]
[Notices]
[Page 10777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5359]


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DEPARTMENT OF THE TREASURY


Departmental Offices; Delegation of Authority to the Secretary of 
Homeland Security

AGENCY: Departmental Offices, Treasury.

ACTION: Notice.

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DATES: Treasury Department Order 165-09 became effective on February 
28, 2003.
SUMMARY: On February 28, 2003, the Secretary of the Treasury issued 
Treasury Department Order 165-09 to preserve the ability of the 
Department of Homeland Security to continue to perform the functions of 
the United States Customs Service pending consideration of a delegation 
of authority concerning the Customs revenue function retained by the 
Secretary of the Treasury pursuant to the Homeland Security Act of 
2002. Under the Order, the Department of the Treasury retains the same 
authority over the Customs revenue functions it possessed prior to the 
transfer of the United States Customs Service to the Department of 
Homeland Security.

SUPPLEMENTARY INFORMATION: The text of Treasury Department Order 165-09 
follows.

    Dated: March 3, 2003.
Richard S. Carro,
Senior Advisor to the General Counsel (Regulatory Affairs).

Treasury Department Order No. 165-09

    Maintenance of delegation in respect to general authority over 
Customs revenue functions vested in the Secretary of the Treasury, 
as set forth and defined in the Homeland Security Act of 2002.

Treasury Department, Washington, DC, February 28, 2003

    Whereas the Homeland Security Act of 2002 (Pub. L. 107-296) (the 
``Act'') was enacted into law on November 25, 2002;
    Whereas the Act transfers the United States Customs Service from 
the Treasury Department to a new Department of Homeland Security, 
and, under the President's Reorganization Plan submitted to the 
Congress, this becomes effective March 1, 2003;
    Whereas the Act requires that legal authority over the Customs 
revenue functions vested in the Secretary of the Treasury shall be 
retained, but may be delegated to the Secretary of Homeland Security 
in whole or in part;
    Whereas the Treasury Department is studying the proper 
allocation of these authorities and consulting with the 
Administration and Congress in that regard;
    Whereas the pre-existing Treasury Order 165, as amended 
(``Treasury Order 165''), has provided the Commissioner of Customs a 
delegation of authority from the Secretary of the Treasury for 
Customs functions;
    Whereas the United States Customs Service relies on delegated 
authority for important aspects of its functions and operations;
    Now therefore, in order to preserve the ability of the 
Department of Homeland Security to continue to perform the functions 
of the Customs Service and to provide adequate time for a considered 
decision on any new delegation, I hereby order that, with respect to 
authority over Customs revenue functions, Treasury Order 165 remains 
in effect except that the authority previously delegated to the 
Commissioner of Customs as an official of the Department of Treasury 
is now delegated to the Secretary of Homeland Security. Treasury 
shall retain the same authority delineated in Treasury Order 165 
that it possessed prior to the transfer of the Customs Service to 
the Department of Homeland Security. Consistent with past 
interpretation and practice, I note that the use of the term 
``transferred'' with respect to certain authority delegated in 
Treasury Order 165 shall continue to be understood to effect only a 
delegation.

John W. Snow,
Secretary of the Treasury.

[FR Doc. 03-5359 Filed 3-5-03; 8:45 am]
BILLING CODE 4810-25-P