US (United States) Code. Title 31. Subtitle I: General. Chapter 3: Department of the Treasure

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Money and finance

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-CITE-

31 USC CHAPTER 3 - DEPARTMENT OF THE TREASURY 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

-HEAD-

CHAPTER 3 - DEPARTMENT OF THE TREASURY

-MISC1-

SUBCHAPTER I - ORGANIZATION

Sec.

301. Department of the Treasury.

302. Treasury of the United States.

303. Bureau of Engraving and Printing.

304. Bureau of the Mint.(!1)

305. Federal Financing Bank.

306. Fiscal Service.

307. Office of the Comptroller of the Currency.

308. United States Customs Service.

309. Office of Thrift Supervision.

310. Financial Crimes Enforcement Network.

311. Continuing in office.

SUBCHAPTER II - ADMINISTRATIVE

321. General authority of the Secretary.

322. Working capital fund.

323. Investment of operating cash.

324. Disposing and extending the maturity of obligations.

325. International affairs authorization.

326. Availability of appropriations for certain expenses.

327. Advancements and reimbursements for services.

328. Accounts and payments of former disbursing officials.

329. Limitations on outside activities.

330. Practice before the Department.

331. Reports.

332. Miscellaneous administrative authority.

333. Prohibition of misuse of Department of the Treasury

names, symbols, etc.

AMENDMENTS

2001 - Pub. L. 107-56, title III, Sec. 361(c), Oct. 26, 2001, 115

Stat. 332, added item 310 and redesignated former item 310 as 311.

1994 - Pub. L. 103-296, title III, Sec. 312(l)(2), Aug. 15, 1994,

108 Stat. 1530, added item 333.

1989 - Pub. L. 101-73, title III, Sec. 307(a)(2), Aug. 9, 1989,

103 Stat. 352, added item 309 and redesignated former item 309 as

310.

1984 - Pub. L. 98-302, Sec. 3(b), May 25, 1984, 98 Stat. 218,

added item 332.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

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31 USC SUBCHAPTER I - ORGANIZATION 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER I - ORGANIZATION

-HEAD-

SUBCHAPTER I - ORGANIZATION

-End-

-CITE-

31 USC Sec. 301 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 301. Department of the Treasury

-STATUTE-

(a) The Department of the Treasury is an executive department of

the United States Government at the seat of the Government.

(b) The head of the Department is the Secretary of the Treasury.

The Secretary is appointed by the President, by and with the advice

and consent of the Senate.

(c) The Department has a Deputy Secretary of the Treasury

appointed by the President, by and with the advice and consent of

the Senate. The Deputy Secretary shall carry out -

(1) duties and powers prescribed by the Secretary; and

(2) the duties and powers of the Secretary when the Secretary

is absent or unable to serve or when the office of Secretary is

vacant.

(d) The Department has 2 Under Secretaries, an Under Secretary

for Enforcement, 2 Deputy Under Secretaries, and a Treasurer of the

United States, appointed by the President, by and with the advice

and consent of the Senate. The Department also has a Fiscal

Assistant Secretary appointed by the Secretary. They shall carry

out duties and powers prescribed by the Secretary. The President

may designate one Under Secretary as Counselor. When appointing

each Deputy Under Secretary, the President may designate the Deputy

Under Secretary as an Assistant Secretary.

(e) The Department has 7 Assistant Secretaries appointed by the

President, by and with the advice and consent of the Senate. The

Assistant Secretaries shall carry out duties and powers prescribed

by the Secretary. The Assistant Secretaries appointed under this

subsection are in addition to the Assistant Secretaries appointed

under subsection (d) of this section.

(f)(1) The Department has a General Counsel appointed by the

President, by and with the advice and consent of the Senate. The

General Counsel is the chief law officer of the Department. Without

regard to those provisions of title 5 governing appointment in the

competitive service, the Secretary may appoint not more than 5

Assistant General Counsels. The Secretary may designate one of the

Assistant General Counsels to act as the General Counsel when the

General Counsel is absent or unable to serve or when the office of

General Counsel is vacant. The General Counsel and Assistant

General Counsels shall carry out duties and powers prescribed by

the Secretary.

(2) The President may appoint, by and with the advice and consent

of the Senate, an Assistant General Counsel who shall be the Chief

Counsel for the Internal Revenue Service. The Chief Counsel is the

chief law officer for the Service and shall carry out duties and

powers prescribed by the Secretary.

(g) The Department shall have a seal.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 878; Pub. L. 98-594, Sec.

1(a), Oct. 30, 1984, 98 Stat. 3129; Pub. L. 99-190, Sec. 141, Dec.

19, 1985, 99 Stat. 1324; Pub. L. 103-211, title II, Sec. 2003(a),

Feb. 12, 1994, 108 Stat. 24.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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301(a) 31:1001(words R.S. Sec. 233.

before 1st comma).

301(b) 31:1001(words after

1st comma).

301(c) 31:1004(related to Feb. 17, 1922, ch. 55(related

Deputy Secretary). to appointment and duties of

Deputy and Under Secretaries),

42 Stat. 366; July 22, 1954,

ch. 557, Sec. 3, 68 Stat. 496;

restated May 18, 1972, Pub. L.

92-302, Sec. 1(a), 86 Stat.

148.

Jan. 3, 1923, ch. 22(related

to appointment and duties of

Deputy and Under Secretaries),

42 Stat. 1087.

Apr. 4, 1924, ch. 84(related

to appointment and duties of

Deputy and Under Secretaries),

43 Stat. 64.

31:1005. Feb. 17, 1922, ch. 55(related

to vacancy in office of

Secretary of the Treasury), 42

Stat. 366; restated May 18,

1972, Pub. L. 92-302, Sec.

1(a), 86 Stat. 149.

Jan. 3, 1923, ch. 22(related

to vacancy in office of

Secretary of the Treasury), 42

Stat. 1087.

Apr. 4, 1924, ch. 84(related

to vacancy in office of

Secretary of the Treasury), 43

Stat. 64.

301(d) 31:141. R.S. Sec. 301.

31:1004(related to

Under Secretaries).

31:1005a(1st-3d May 18, 1972, Pub. L. 92-302,

sentences). Sec. 1(b), 86 Stat. 149.

5 App. Reorg. Plan No. 3 of 1940,

eff. June 30, 1940, Sec.

1(a)(7)(1st sentence), 54

Stat. 1231.

301(e) 31:1005a(last

sentence).

31:1006. R.S. Sec. 234; July 11, 1890,

ch. 667, Sec. 1(1st par. under

heading "Treasury

Department"), 26 Stat. 236;

Mar. 3, 1917, ch. 163, Sec.

1(1st par. under heading

"Treasury Department"), 39

Stat. 1083; Reorg. Plan No. 3

of 1940, eff. June 30, 1940,

Sec. 1(d), 54 Stat. 1232;

restated July 22, 1954, ch.

557, Sec. 4, 68 Stat. 496;

July 8, 1963, Pub. L. 88-58,

77 Stat. 76; May 18, 1972,

Pub. L. 92-302, Sec. 1(c), 86

Stat. 149.

31:1007. R.S. Sec. 245.

301(f)(1) 26:7801(b)(1), Aug. 16, 1954, ch. 736, Sec.

(2)(last sentence), 7801(b), 68A Stat. 915;

(3). restated Sept. 22, 1959, Pub.

L. 86-368, Sec. 1, 73 Stat.

647; Aug. 14, 1964, Pub. L.

88-426, Sec. 305(39), 78 Stat.

427; Oct. 4, 1976, Pub. L.

94-455, Sec. 1906(b)(13)(B),

90 Stat. 1834.

31:1009. May 10, 1934, ch. 277, Sec.

512(a), (c), 48 Stat. 758, 759.

301(f)(2) 26:7801(b)(2)(1st,

2d sentences).

301(g) 31:1010(related to R.S. Sec. 372(related to

seal). seal); May 10, 1934, ch. 277,

Sec. 512(b), 48 Stat. 759.

--------------------------------------------------------------------

In subsection (a), the words "of the United States Government"

are added for clarity.

In subsection (b), the words "The Secretary is appointed by the

President, by and with the advice and consent of the Senate" are

added to conform with clause 2, section 2, of article II of the

Constitution.

In subsection (c), the words "carry out" and "duties and powers"

are substituted for "perform" and "duties", respectively, for

consistency in the revised title and with other titles of the

United States Code. In clause (1), the words "in the Office of the

Secretary" in 31:1004 are omitted as unnecessary because of the

restatement and for consistency. Clause (2) is substituted for

31:1005 to eliminate unnecessary words and for consistency with

other titles of the Code.

In subsection (d), the words "in accordance with the

civil-service laws" in section 1(a)(7)(1st sentence) of

Reorganization Plan No. 3 of 1940 (eff. June 30, 1940, 54 Stat.

1232) are omitted as unnecessary because of title 5. The words "and

shall receive a salary at the rate of $15,000 per annum" are

omitted as superseded by 5:5316. The words "carry out" and "duties

and powers" are substituted for "perform" and "duties",

respectively, in 31:1004 and 1005a for consistency in the revised

title and with other titles of the Code. The words "in the Office

of the Secretary" in 31:1004 are omitted as unnecessary because of

the restatement and for consistency. The words "of the Treasury" in

31:1005a are omitted for consistency with other titles of the Code

and as being unnecessary.

In subsection (e), the words "of the Treasury" in 31:1006 and

1007 are omitted for consistency with other titles of the Code and

as being unnecessary. The words "examine letters, contracts, and

warrants prepared for the signature of the Secretary of the

Treasury" and "by law" in 31:1007 are omitted as superseded by the

source provisions restated in section 321 of the revised title. The

words "carry out" and "duties and powers" are substituted for

"perform" and "duties", respectively, for consistency in the

revised title and with other titles of the Code.

In subsection (f), the words "carry out" and "duties and powers"

are substituted for "perform" and "duties", respectively, for

consistency in the revised title and with other titles of the Code.

The text of 26:7801(b)(3) is omitted as unnecessary because of

5:3101. The words "is absent or unable to serve or when the office

of General Counsel is vacant" are substituted for "during the

absence of" for clarity and consistency. The text of 31:1009(less

(a)(6th sentence)) is omitted as superseded by 26:7801(b) as

restated in this subsection.

In subsection (f)(1), the words "governing appointment in the

competitive service" are substituted for "civil service laws" to

conform to 5:2102.

In subsection (g), the words "The General Counsel . . . shall

have charge" are omitted as superseded by the source provisions

restated in subsection (b) of this section and section 321(c) of

the revised title.

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointment in the

competitive service, referred to in subsec. (f)(1), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

-MISC2-

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-211 inserted "an Under Secretary

for Enforcement," after "2 Under Secretaries,".

1985 - Subsec. (d). Pub. L. 99-190 substituted "2 Under

Secretaries" for "an Under Secretary, an Under Secretary for

Monetary Affairs" and "The President may designate one Under

Secretary as Counselor" for "When appointing the Under Secretary,

the President may designate the Under Secretary as Counselor".

1984 - Subsec. (e). Pub. L. 98-594 substituted "7" for "5".

ORDER OF SUCCESSION

For order of succession during any period when both Secretary and

Deputy Secretary of the Treasury are unable to perform functions

and duties of office of Secretary, see Ex. Ord. No. 13246, Dec. 18,

2001, 66 F.R. 66270, set out as a note under section 3345 of Title

5, Government Organization and Employees.

OFFICE OF SECRETARY OF THE TREASURY; COMPENSATION

Pub. L. 105-61, title I, Sec. 116, Oct. 10, 1997, 111 Stat. 1284,

provided that:

"(a)(1) Effective beginning on the date determined under

paragraph (2), the compensation and other emoluments attached to

the Office of Secretary of the Treasury shall be those that would

then apply if Public Law 103-2 (107 Stat. 4; 31 U.S.C. 301 note)

had never been enacted.

"(2) Paragraph (1) shall become effective on the later of -

"(A) the day after the date on which the individual holding the

Office of Secretary of the Treasury on January 1, 1997, ceases to

hold that office; or

"(B) the date of the enactment of this Act [Oct. 10, 1997].

"(3) Nothing in this subsection shall be considered to affect the

compensation or emoluments due to any individual in connection with

any period preceding the date determined under paragraph (2).

"(b) Subsection (b) of the first section of the public law

referred to in subsection (a)(1) of this section shall not apply in

the case of any appointment the consent of the Senate to which

occurs on or after the date of the enactment of this Act.

"(c) This section shall not be limited (for purposes of

determining whether a provision of this section applies or

continues to apply) to fiscal year 1998."

ESTABLISHMENT OF OFFICE OF THE UNDERSECRETARY FOR ENFORCEMENT

Pub. L. 103-123, title I, Sec. 105, Oct. 28, 1993, 107 Stat.

1234, provided that: "Notwithstanding any other provision of law,

the Secretary of the Treasury shall establish an Office of the

Undersecretary for Enforcement within the Department of the

Treasury by no later than February 15, 1994."

COMPENSATION AND EMOLUMENTS OF SECRETARY OF THE TREASURY AT LEVEL

IN EFFECT ON JANUARY 1, 1989; ACTIONS CHALLENGING APPOINTMENT ON

CONSTITUTIONAL GROUNDS

Pub. L. 103-2, Jan. 19, 1993, 107 Stat. 4, provided: "That (a)

the compensation and other emoluments attached to the office of

Secretary of the Treasury shall be those in effect January 1, 1989,

notwithstanding any increase in such compensation or emoluments

after that date under -

"(1) the Ethics Reform Act of 1989 (Public Law 101-194) [see

Tables for classification] or any other provision of law amended

by that Act; or

"(2) any other provision of law, or provision which has the

force and effect of law, that is enacted or becomes effective

during the period beginning at noon of January 3, 1989, and

ending at noon of January 3, 1995.

"(b)(1) Any person aggrieved by an action of the Secretary of the

Treasury may bring a civil action in the United States District

Court for the District of Columbia to contest the constitutionality

of the appointment and continuance in office of the Secretary of

the Treasury on the ground that such appointment and continuance in

office is in violation of article I, section 6, clause 2, of the

Constitution. The United States District Court for the District of

Columbia shall have exclusive jurisdiction over such a civil

action, without regard to the sum or value of the matter in

controversy.

"(2) Any claim challenging the constitutionality of the

appointment and continuance in office of the Secretary of the

Treasury on the ground that such appointment and continuance in

office is in violation of article I, section 6, clause 2, of the

Constitution, in an action brought under paragraph (1) shall be

heard and determined by a panel of three judges in accordance with

section 2284 of title 28, United States Code. It shall be the duty

of the district court to advance on the docket and to expedite the

disposition of any matter brought under this subsection.

"(3)(A) An appeal may be taken directly to the Supreme Court of

the United States from any interlocutory or final judgment, decree,

or order upon the validity of the appointment and continuance in

office of the Secretary of the Treasury under article I, section 6,

clause 2, of the Constitution, entered in any action brought under

this subsection. Any such appeal shall be taken by a notice of

appeal filed within 20 days after such judgment, decree, or order

is entered.

"(B) The Supreme Court shall, if it has not previously ruled on

the question presented by an appeal taken pursuant to subparagraph

(A), accept jurisdiction over the appeal, advance the appeal on the

docket, and expedite the appeal.

"(c) This joint resolution shall become effective at 12:00 p.m.,

January 20, 1993."

DUTIES AND FUNCTIONS OF DEPARTMENT OF THE TREASURY

Nothing in Pub. L. 101-576 [see Short Title of 1990 Amendment

note set out under section 501 of this title] to be construed to

interfere with exercise of functions, duties, and responsibilities

of Department of the Treasury, as in effect immediately before Nov.

15, 1990, see section 204 of Pub. L. 101-576, set out as a note

under section 501 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 306 of this title; title

12 sections 482, 1462a; title 26 section 7801.

-End-

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31 USC Sec. 302 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 302. Treasury of the United States

-STATUTE-

The United States Government has a Treasury of the United States.

The Treasury is in the Department of the Treasury.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 879.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

302 31:472. R.S. Sec. 3591.

--------------------------------------------------------------------

The section is substituted for the source provisions to eliminate

unnecessary words and because of subsequent laws and the

restatement in the revised title about the authority of the

Secretary of the Treasury and coins, currency, accounts,

depositaries, and public debt of the United States Government.

-End-

-CITE-

31 USC Sec. 303 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 303. Bureau of Engraving and Printing

-STATUTE-

(a) The Bureau of Engraving and Printing is a bureau in the

Department of the Treasury.

(b) The head of the Bureau is the Director of the Bureau of

Engraving and Printing appointed by the Secretary of the Treasury.

The Director -

(1) shall carry out duties and powers prescribed by the

Secretary; and

(2) reports directly to the Secretary.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 879.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

303 31:171. June 4, 1897, ch. 2, Sec.

1(4th proviso on p. 18), 30

Stat. 18.

--------------------------------------------------------------------

In subsection (a), the words "a bureau in the Department of the

Treasury" are added for clarity and consistency in chapter 3 of the

revised title.

In subsection (b), the first sentence is substituted for the

words before the first comma because of the source provisions

restated in section 321(c) of the revised title. Clause (1) is

substituted for "subject to the direction of the Secretary of the

Treasury" for consistency in the revised title and with other

titles of the United States Code. The words "and be responsible"

are omitted as being included in "reports directly to" and because

of section 301 of the revised title.

-End-

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31 USC Sec. 304 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 304. United States Mint

-STATUTE-

(a) The United States Mint is a bureau in the Department of the

Treasury.

(b)(1) The head of the Mint is the Director of the Mint. The

Director is appointed by the President, by and with the advice and

consent of the Senate. The term of the Director is 5 years. The

President may remove the Director from office. On removal, the

President shall send a message to the Senate giving the reasons for

removal.

(2) The Director shall carry out duties and powers prescribed by

the Secretary of the Treasury.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 879; Pub. L. 102-390,

title II, Sec. 225(a), (b)(1), (2), Oct. 6, 1992, 106 Stat. 1629.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

304(a) 31:251(1st sentence R.S. Sec. 343(less 1st

less words after sentence words after 1st

1st comma). comma).

304(b)(1) 31:251(2d sentence

words before comma,

last sentence).

304(b)(2) 31:251(2d sentence

words after comma).

--------------------------------------------------------------------

In subsection (b)(1), the word "head" is substituted for "chief

officer" in 31:251 for clarity and consistency in the revised title

and with other titles of the United States Code. The word "is" is

substituted for "shall be denominated" to eliminate unnecessary

words.

In subsection (b)(2), the words "The Director shall carry out

duties and powers prescribed by the Secretary of the Treasury" are

substituted for "and shall be under the general direction of the

Secretary of the Treasury" for clarity and consistency in the

revised title.

AMENDMENTS

1992 - Pub. L. 102-390, Sec. 225(b)(2), substituted "United

States Mint" for "Bureau of the Mint" in section catchline.

Subsec. (a). Pub. L. 102-390, Sec. 225(a), substituted "United

States Mint" for "Bureau of the Mint".

Subsec. (b)(1). Pub. L. 102-390, Sec. 225(b)(1), substituted

"head of the Mint" for "head of the Bureau".

-End-

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31 USC Sec. 305 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 305. Federal Financing Bank

-STATUTE-

The Federal Financing Bank, established under section 4 of the

Federal Financing Bank Act of 1973 (12 U.S.C. 2283), is subject to

the direction and supervision of the Secretary of the Treasury.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 879.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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305 (no source).

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The section is included to provide in subchapter I of chapter 3

of the revised title a complete list of the organizational units

established by law that are in the Department of the Treasury or

are subject to the direction and supervision of the Secretary of

the Treasury.

-End-

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31 USC Sec. 306 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 306. Fiscal Service

-STATUTE-

(a) The Fiscal Service is a service in the Department of the

Treasury.

(b) The head of the Fiscal Service is the Fiscal Assistant

Secretary appointed under section 301(d) of this title.

(c) The Fiscal Service has a -

(1) Bureau of Government Financial Operations, having as its

head a Commissioner of Government Financial Operations; and

(2) Bureau of the Public Debt, having as its head a

Commissioner of the Public Debt.

(d) The Secretary of the Treasury may designate another officer

of the Department to act as the Fiscal Assistant Secretary when the

Fiscal Assistant Secretary is absent or unable to serve or when the

office of Fiscal Assistant Secretary is vacant.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 879.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

306 5 App. Reorg. Plan No. 3 of 1940,

eff. June 30, 1940, Sec.

1(less (a)(7)(1st sentence),

(d)), 54 Stat. 1231.

--------------------------------------------------------------------

In subsection (a), the word "service" is substituted for "agency"

in section 1(a)(1)(words before last comma) of Reorganization Plan

No. 3 of 1940 (eff. June 30, 1940, 54 Stat. 1232) for consistency

in the revised title. The words related to the organizational units

being consolidated into the Fiscal Service are omitted as executed.

In subsection (b), the text of section 1(a)(7)(2d sentence) of

Reorganization Plan No. 3 of 1940 is omitted because of the source

provisions restated in section 301(d) of the revised title.

In subsection (c), the words "Office of the Fiscal Assistant

Secretary" in section 1(a)(2) of Reorganization Plan No. 3 of 1940

are omitted as unnecessary and for consistency in chapter 3 of the

revised title. The words "the Office of the Treasurer of the United

States" are omitted because this office is no longer in the Fiscal

Service. See Department of the Treasury Order 229 of January 14,

1974 (39 F.R. 2280). The words "Bureau of Government Financial

Operations" are substituted for "Bureau of Accounts" because of

Treasury Order 229 and appropriation Acts beginning with fiscal

year 1975. The text of section 1(a)(2)(last sentence) is omitted as

unnecessary because of section 301 of the revised title. The words

"Commissioner of Government Financial Operations" are substituted

for "Commissioner of Accounts and Deposits" in section 1(a)(3) of

the Reorganization Plan because of Treasury Order 229 and

appropriation Acts beginning with fiscal year 1975. The words

before the last comma are omitted as executed. The words related to

the organizational units, in section 1(a)(4) of the Reorganization

Plan, that are being consolidated into the Bureau of the Public

Debt are omitted as executed.

Subsection (d) is substituted for the text of section

1(a)(7)(last sentence) of Reorganization Plan No. 3 of 1940 for

consistency in the revised title. The text of section 1(a)(5) and

(6), (b), and (c) is omitted as superseded by the source provisions

restated in section 321 of the revised title.

-REFTEXT-

REFERENCES IN TEXT

The Bureau of Government Financial Operations, referred to in

subsec. (c)(1), is now known as the Financial Management Service

and has as its head a Commissioner of the Financial Management

Service.

-MISC2-

REIMBURSEMENT OF FINANCIAL MANAGEMENT SERVICE AND BUREAU OF THE

PUBLIC DEBT

Pub. L. 105-277, div. A, Sec. 101(h) [title I], Oct. 21, 1998,

112 Stat. 2681-480, 2681-486, provided in part: "That

notwithstanding any other provisions of law, effective upon

enactment [Oct. 21, 1998] and thereafter, the Bureau of the Public

Debt shall be fully and directly reimbursed by the funds described

in section 104 of Public Law 101-136 (103 Stat. 789) [set out

below] for costs and services performed by the Bureau in the

administration of such funds."

Similar provisions were contained in Pub. L. 105-61, title I,

Oct. 10, 1997, 111 Stat. 1279.

Pub. L. 103-329, title I, Sec. 105, Sept. 30, 1994, 108 Stat.

2390, provided that: "Notwithstanding any other provision of law,

beginning in fiscal year 1995 and thereafter, the Financial

Management Service (FMS) shall be reimbursed, for postage incurred

by FMS to make check payments on their behalf, by: the Department

of Veterans Affairs, for the mailing of Compensation and Pension

benefit payments; the Department of Health and Human Services, for

the mailing of Supplemental Security Income payments; and the

Office of Personnel Management, for the mailing of Retirement

payments. Such reimbursement shall be due beginning with checks

mailed on October 1, 1994, and such reimbursement shall occur on a

monthly basis."

Pub. L. 102-393, title I, Sec. 105, Oct. 6, 1992, 106 Stat. 1737,

provided that: "Notwithstanding any other provision of law,

beginning October 1, 1992, and thereafter, the Financial Management

Service (FMS) shall be reimbursed by the Internal Revenue Service

(IRS) and the Department of Agriculture, National Finance Center

(NFC), for the postage costs the FMS incurs to make check payments

on behalf of the IRS and the NFC."

Pub. L. 101-136, title I, Sec. 104, Nov. 3, 1989, 103 Stat. 789,

provided that: "Notwithstanding any other provision of law,

beginning October 1, 1990, and thereafter, the Financial Management

Service shall be fully and directly reimbursed from the Social

Security Trust Funds for the costs it incurs in the issuance of

Social Security Trust Funds benefit payments, including all

physical costs associated with payment preparation and postage

costs. Such direct reimbursement shall also be made for all other

trust and special funds which are the recipients of services

performed by the Financial Management Service and which prior to

enactment of this provision [Nov. 3, 1989] reimburse the General

Fund of the Treasury for such services."

-End-

-CITE-

31 USC Sec. 307 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 307. Office of the Comptroller of the Currency

-STATUTE-

The Office of the Comptroller of the Currency, established under

section 324 of the Revised Statutes (12 U.S.C. 1), is an office in

the Department of the Treasury.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 880.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

307 (no source).

--------------------------------------------------------------------

The section is included to provide in subchapter I of chapter 3

of the revised title a complete list of the organizational units

established by law that are in the Department of the Treasury or

are subject to the direction and supervision of the Secretary of

the Treasury. The title "Office of the Comptroller of the Currency"

and the word "office" are used to reflect the name that this

organizational unit of the Department of the Treasury historically

has been given.

-End-

-CITE-

31 USC Sec. 308 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 308. United States Customs Service

-STATUTE-

The United States Customs Service, established under section 1 of

the Act of March 3, 1927 (19 U.S.C. 2071), is a service in the

Department of the Treasury.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 880.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

308 (no source).

--------------------------------------------------------------------

The section is included to provide in subchapter I of chapter 3

of the revised title a complete list of the organizational units

established by law that are in the Department of the Treasury or

are subject to the direction and supervision of the Secretary of

the Treasury.

-CHANGE-

CHANGE OF NAME

Bureau of Customs redesignated United States Customs Service by

Treasury Department Order 165-23, Apr. 4, 1973, eff. Aug. 1, 1973,

38 F.R. 13037.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

31 USC Sec. 309 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 309. Office of Thrift Supervision

-STATUTE-

The Office of Thrift Supervision established under section 3(a)

of the Home Owners' Loan Act shall be an office in the Department

of the Treasury.

-SOURCE-

(Added Pub. L. 101-73, title III, Sec. 307(a)(1), Aug. 9, 1989, 103

Stat. 352; amended Pub. L. 103-272, Sec. 4(f)(1)(A), July 5, 1994,

108 Stat. 1361.)

-REFTEXT-

REFERENCES IN TEXT

Section 3(a) of the Home Owners' Loan Act, referred to in text,

is classified to section 1462a(a) of Title 12, Banks and Banking.

-MISC1-

PRIOR PROVISIONS

A prior section 309 was renumbered section 310 of this title.

AMENDMENTS

1994 - Pub. L. 103-272 substituted "section 3(a)" for "section

2A(a)".

-End-

-CITE-

31 USC Sec. 310 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 310. Financial Crimes Enforcement Network

-STATUTE-

(a) In General. - The Financial Crimes Enforcement Network

established by order of the Secretary of the Treasury (Treasury

Order Numbered 105-08, in this section referred to as "FinCEN") on

April 25, 1990, shall be a bureau in the Department of the

Treasury.

(b) Director. -

(1) Appointment. - The head of FinCEN shall be the Director,

who shall be appointed by the Secretary of the Treasury.

(2) Duties and powers. - The duties and powers of the Director

are as follows:

(A) Advise and make recommendations on matters relating to

financial intelligence, financial criminal activities, and

other financial activities to the Under Secretary of the

Treasury for Enforcement.

(B) Maintain a government-wide data access service, with

access, in accordance with applicable legal requirements, to

the following:

(i) Information collected by the Department of the

Treasury, including report information filed under subchapter

II of chapter 53 of this title (such as reports on cash

transactions, foreign financial agency transactions and

relationships, foreign currency transactions, exporting and

importing monetary instruments, and suspicious activities),

chapter 2 of title I of Public Law 91-508, and section 21 of

the Federal Deposit Insurance Act.

(ii) Information regarding national and international

currency flows.

(iii) Other records and data maintained by other Federal,

State, local, and foreign agencies, including financial and

other records developed in specific cases.

(iv) Other privately and publicly available information.

(C) Analyze and disseminate the available data in accordance

with applicable legal requirements and policies and guidelines

established by the Secretary of the Treasury and the Under

Secretary of the Treasury for Enforcement to -

(i) identify possible criminal activity to appropriate

Federal, State, local, and foreign law enforcement agencies;

(ii) support ongoing criminal financial investigations and

prosecutions and related proceedings, including civil and

criminal tax and forfeiture proceedings;

(iii) identify possible instances of noncompliance with

subchapter II of chapter 53 of this title, chapter 2 of title

I of Public Law 91-508, and section 21 of the Federal Deposit

Insurance Act to Federal agencies with statutory

responsibility for enforcing compliance with such provisions

and other appropriate Federal regulatory agencies;

(iv) evaluate and recommend possible uses of special

currency reporting requirements under section 5326;

(v) determine emerging trends and methods in money

laundering and other financial crimes;

(vi) support the conduct of intelligence or

counterintelligence activities, including analysis, to

protect against international terrorism; and

(vii) support government initiatives against money

laundering.

(D) Establish and maintain a financial crimes communications

center to furnish law enforcement authorities with intelligence

information related to emerging or ongoing investigations and

undercover operations.

(E) Furnish research, analytical, and informational services

to financial institutions, appropriate Federal regulatory

agencies with regard to financial institutions, and appropriate

Federal, State, local, and foreign law enforcement authorities,

in accordance with policies and guidelines established by the

Secretary of the Treasury or the Under Secretary of the

Treasury for Enforcement, in the interest of detection,

prevention, and prosecution of terrorism, organized crime,

money laundering, and other financial crimes.

(F) Assist Federal, State, local, and foreign law enforcement

and regulatory authorities in combatting the use of informal,

nonbank networks and payment and barter system mechanisms that

permit the transfer of funds or the equivalent of funds without

records and without compliance with criminal and tax laws.

(G) Provide computer and data support and data analysis to

the Secretary of the Treasury for tracking and controlling

foreign assets.

(H) Coordinate with financial intelligence units in other

countries on anti-terrorism and anti-money laundering

initiatives, and similar efforts.

(I) Administer the requirements of subchapter II of chapter

53 of this title, chapter 2 of title I of Public Law 91-508,

and section 21 of the Federal Deposit Insurance Act, to the

extent delegated such authority by the Secretary of the

Treasury.

(J) Such other duties and powers as the Secretary of the

Treasury may delegate or prescribe.

(c) Requirements Relating to Maintenance and Use of Data Banks. -

The Secretary of the Treasury shall establish and maintain

operating procedures with respect to the government-wide data

access service and the financial crimes communications center

maintained by FinCEN which provide -

(1) for the coordinated and efficient transmittal of

information to, entry of information into, and withdrawal of

information from, the data maintenance system maintained by the

Network, including -

(A) the submission of reports through the Internet or other

secure network, whenever possible;

(B) the cataloguing of information in a manner that

facilitates rapid retrieval by law enforcement personnel of

meaningful data; and

(C) a procedure that provides for a prompt initial review of

suspicious activity reports and other reports, or such other

means as the Secretary may provide, to identify information

that warrants immediate action; and

(2) in accordance with section 552a of title 5 and the Right to

Financial Privacy Act of 1978, appropriate standards and

guidelines for determining -

(A) who is to be given access to the information maintained

by the Network;

(B) what limits are to be imposed on the use of such

information; and

(C) how information about activities or relationships which

involve or are closely associated with the exercise of

constitutional rights is to be screened out of the data

maintenance system.

(d) Authorization of Appropriations. - There are authorized to be

appropriated for FinCEN such sums as may be necessary for fiscal

years 2002, 2003, 2004, and 2005.

-SOURCE-

(Added Pub. L. 107-56, title III, Sec. 361(a)(2), Oct. 26, 2001,

115 Stat. 329.)

-REFTEXT-

REFERENCES IN TEXT

Chapter 2 of title I of Public Law 91-508, referred to in subsec.

(b)(2)(B)(i), (C)(iii), (I), is chapter 2 (Secs. 121-129) of title

I of Pub. L. 91-508, Oct. 26, 1970, 84 Stat. 1116, which is

classified generally to chapter 21 (Sec. 1951 et seq.) of Title 12,

Banks and Banking. For complete classification of chapter 2 to the

Code, see Tables.

Section 21 of the Federal Deposit Insurance Act, referred to in

subsec. (b)(2)(B)(i), (C)(iii), (I), is classified to section 1829b

of Title 12, Banks and Banking.

The Right to Financial Privacy Act of 1978, referred to in

subsec. (c)(2), is title XI of Pub. L. 95-630, Nov. 10, 1978, 92

Stat. 3697, as amended, which is classified generally to chapter 35

(Sec. 3401 et seq.) of Title 12, Banks and Banking. For complete

classification of this Act to the Code, see Short Title note set

out under section 3401 of Title 12 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 310 was renumbered section 311 of this title.

TERMINATION DATE

Amendments by title III of Pub. L. 107-56 to terminate effective

on and after the first day of fiscal year 2005 if Congress enacts a

joint resolution that such amendments no longer have the force of

law, see section 303 of Pub. L. 107-56, set out as a Four-Year

Congressional Review; Expedited Consideration note under section

5311 of this title.

ESTABLISHMENT OF HIGHLY SECURE NETWORK

Pub. L. 107-56, title III, Sec. 362, Oct. 26, 2001, 115 Stat.

332, provided that:

"(a) In General. - The Secretary [of the Treasury] shall

establish a highly secure network in the Financial Crimes

Enforcement Network that -

"(1) allows financial institutions to file reports required

under subchapter II or III of chapter 53 of title 31, United

States Code, chapter 2 of Public Law 91-508 [probably means

chapter 2 (Secs. 121 to 129) of title I of Pub. L. 91-508 (12

U.S.C. 1951 et seq.)], or section 21 of the Federal Deposit

Insurance Act [12 U.S.C. 1829b] through the secure network; and

"(2) provides financial institutions with alerts and other

information regarding suspicious activities that warrant

immediate and enhanced scrutiny.

"(b) Expedited Development. - The Secretary shall take such

action as may be necessary to ensure that the secure network

required under subsection (a) is fully operational before the end

of the 9-month period beginning on the date of enactment of this

Act [Oct. 26, 2001]."

-End-

-CITE-

31 USC Sec. 311 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 311. Continuing in office

-STATUTE-

When the term of office of an officer of the Department of the

Treasury ends, the officer may continue to serve until a successor

is appointed and qualified.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 880, Sec. 309; renumbered

Sec. 310, Pub. L. 101-73, title III, Sec. 307(a)(1), Aug. 9, 1989,

103 Stat. 352; renumbered Sec. 311, Pub. L. 107-56, title III, Sec.

361(a)(1), Oct. 26, 2001, 115 Stat. 329.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

309 31:1016. Mar. 2, 1895, ch. 187 (1st

par. under heading "Treasury

Department"), 28 Stat. 844.

--------------------------------------------------------------------

In the section, the words "When the term of office . . . ends"

are substituted for "whose terms of office have expired or shall

expire" for consistency and to eliminate unnecessary words. The

words "may continue to serve" are substituted for "The Secretary of

the Treasury is authorized and directed to pay", "and who have been

performing or shall perform the duties of their respective offices

after the date of such expiration", and "the salary, compensation,

fees, or emoluments authorized or provided by law in each case for

the respective incumbents of the offices" because of 25 Op. Atty.

Gen. 636 (1906) and for consistency with other titles of the United

States Code. The words "until a successor is appointed and

qualified" are substituted for "before the appointment and

qualification of their successors" and 31:1016(last sentence) for

consistency with other titles of the Code.

AMENDMENTS

2001 - Pub. L. 107-56 renumbered section 310 of this title as

this section.

1989 - Pub. L. 101-73 renumbered section 309 of this title as

this section.

-End-

-CITE-

31 USC SUBCHAPTER II - ADMINISTRATIVE 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

SUBCHAPTER II - ADMINISTRATIVE

-End-

-CITE-

31 USC Sec. 321 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 321. General authority of the Secretary

-STATUTE-

(a) The Secretary of the Treasury shall -

(1) prepare plans for improving and managing receipts of the

United States Government and managing the public debt;

(2) carry out services related to finances that the Secretary

is required to perform;

(3) issue warrants for money drawn on the Treasury consistent

with appropriations;

(4) mint coins, engrave and print currency and security

documents, and refine and assay bullion, and may strike medals;

(5) prescribe regulations that the Secretary considers best

calculated to promote the public convenience and security, and to

protect the Government and individuals from fraud and loss, that

apply to anyone who may -

(A) receive for the Government, Treasury notes, United States

notes, or other Government securities; or

(B) be engaged or employed in preparing and issuing those

notes or securities;

(6) collect receipts;

(7) with a view to prosecuting persons, take steps to discover

fraud and attempted fraud involving receipts and decide on ways

to prevent and detect fraud; and

(8) maintain separate accounts of taxes received in each State,

territory, and possession of the United States, and collection

district, with each account listing -

(A) each kind of tax;

(B) the amount of each tax; and

(C) the money paid as pay and allowances to officers and

employees of the Department collecting taxes in that State,

territory, possession, or district.

(b) The Secretary may -

(1) prescribe regulations to carry out the duties and powers of

the Secretary;

(2) delegate duties and powers of the Secretary to another

officer or employee of the Department of the Treasury;

(3) transfer within the Department the records, property,

officers, employees, and unexpended balances of appropriations,

allocations, and amounts of the Department that the Secretary

considers necessary to carry out a delegation made under clause

(2) of this subsection;

(4) detail, in addition to details authorized under another

law, not more than 6 officers and employees of the Department at

any one time to enforce the laws related to the Department,

except that of those 6 officers and employees not more than 4

officers and employees -

(A) paid from the appropriations for the collection of

customs may be so detailed;

(B) paid from the appropriations for internal revenue may be

so detailed; and

(C) paid from the appropriations for suppressing

counterfeiting and other crimes may be so detailed;

(5) authorize, at rates and under conditions prescribed by the

Secretary, the private use of telephone lines controlled by the

Department when the use does not interfere with Department

business;

(6) buy arms and ammunition required by officers and employees

of the Department in carrying out their duties and powers; and

(7) notwithstanding any other provision of law, fulfill any

requirement to issue a report on the financial condition of any

fund on the books of the Treasury by including the required

information in a consolidated report, except that information

with respect to a specific fund shall be separately reported if

the Secretary determines that the consolidation of such

information would result in an unwarranted delay in the

availability of such information.

(c) Duties and powers of officers and employees of the Department

are vested in the Secretary except duties and powers -

(1) vested by subchapter II of chapter 5 of title 5 in

administrative law judges employed by the Secretary;

(2) of the Comptroller of the Currency; and

(3) of the Director of the Office of Thrift Supervision;

(d)(1) The Secretary of the Treasury may accept, hold,

administer, and use gifts and bequests of property, both real and

personal, for the purpose of aiding or facilitating the work of the

Department of the Treasury. Gifts and bequests of money and the

proceeds from sales of other property received as gifts or bequests

shall be deposited in the Treasury in a separate fund and shall be

disbursed on order of the Secretary of the Treasury. Property

accepted under this paragraph, and the proceeds thereof, shall be

used as nearly as possible in accordance with the terms of the gift

or bequest.

(2) For purposes of the Federal income, estate, and gift taxes,

property accepted under paragraph (1) shall be considered as a gift

or bequest to or for the use of the United States.

(3) The Secretary of the Treasury may invest and reinvest the

fund in public debt securities with maturities suitable for the

needs of the fund and bearing interest at rates determined by the

Secretary of the Treasury, taking into consideration the current

average market yield on outstanding marketable obligations of the

United States of comparable maturities. Income accruing from the

securities, and from any other property accepted under paragraph

(1), shall be deposited to the credit of the fund, and shall be

disbursed on order of the Secretary of the Treasury for purposes as

nearly as possible in accordance with the terms of the gifts or

bequests.

(4) The Secretary of the Treasury shall, not less frequently than

annually, make a public disclosure of the amount (and sources) of

the gifts and bequests received under this subsection, and the

purposes for which amounts in the separate fund established under

this subsection are expended.

(e) Certain Reorganization Prohibited. - The Secretary of the

Treasury may not merge or consolidate the Office of Thrift

Supervision, or any of the functions or responsibilities of the

Office or the Director of such office, with the Office of the

Comptroller of the Currency or the Comptroller of the Currency.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 880; Pub. L. 98-369, div.

A, title IV, Sec. 445, July 18, 1984, 98 Stat. 816; Pub. L. 101-73,

title III, Sec. 307(b), (d), Aug. 9, 1989, 103 Stat. 353; Pub. L.

104-66, title I, Sec. 1132(b), Dec. 21, 1995, 109 Stat. 725.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

321(a)( 31:1002(less words R.S. Sec. 248(less words

1)- (3) between 1st and 2d between 4th and 5th

semicolons and semicolons).

between 4th and 5th

semicolons).

321(a)(4) (no source).

321(a)(5) 31:427. R.S. Sec. 251(words after

"Treasury" and before "shall

prescribe forms of entries").

321(a)(6) 31:1002(words

between 1st and 2d

semicolons).

321(a)(7) 31:1011. R.S. Sec. 376; May 10, 1934,

ch. 277, Sec. 512(b), 48 Stat.

759.

321(a)(8) 31:1024. R.S. Secs. 239, 261; Feb. 18,

1875, ch. 80, Sec. 1(3d

complete par. on p. 317), 18

Stat. 317; Aug. 7, 1946, ch.

770, Sec. 1(48), 60 Stat. 870.

321(b)(1) 31:127. Oct. 9, 1940, ch. 796, Sec. 5,

54 Stat. 1087.

31:317f. Dec. 18, 1942, ch. 767, Sec.

7, 56 Stat. 1066.

31:397. July 23, 1965, Pub. L. 89-81,

Sec. 107, 79 Stat. 255.

31:528(d). R.S. Sec. 3646(d); July 8,

1937, ch. 444, Sec. 9, 50

Stat. 483; restated Dec. 3,

1945, ch. 515, Sec. 1, 59

Stat. 593.

31:564. Nov. 21, 1941, ch. 489, Sec.

5, 55 Stat. 778; Dec. 22,

1974, Pub. L. 93-539, Sec.

1(a) (related to Sec. 4), 88

Stat. 1738.

31:1053. Oct. 26, 1970, Pub. L. 91-508,

Sec. 204, 84 Stat. 1120.

31:1262(a). Oct. 20, 1972, Pub. L. 92-512,

Sec. 142(a), 86 Stat. 935.

321(b)( 31:1001(note). Reorg. Plan No. 26 of 1950,

2), (3) eff. July 31, 1950, Secs. 2,

4, 64 Stat. 1281.

321(b)(4) 31:1017. June 12, 1917, ch. 27, Sec.

1(4th par. under heading

"Miscellaneous Objects,

Treasury Department"), 40

Stat. 118; Mar. 4, 1921, ch.

161, Sec. 1(1st par. under

heading "Miscellaneous

Objects, Treasury

Department"), 41 Stat. 1374.

321(b)(5) 31:486. Apr. 28, 1904, ch. 1762, Sec.

1(proviso immediately before

heading "Revenue-Cutter

Service"), 33 Stat. 460.

321(b)(6) 31:1023(a). June 1, 1955, ch. 119, Sec.

1(a), 69 Stat. 82.

321(c) 31:1001(note). Reorg. Plan No. 26 of 1950,

eff. July 31, 1950, Sec. 1(a),

(b), 64 Stat. 1280.

--------------------------------------------------------------------

In subsection (a)(1)-(3), the words between the 2d and 3d

semicolons are omitted as superseded by section 3512 of the revised

title.

In subsection (a)(1), the word "digest" is omitted as being

included in "prepare". The word "receipts" is substituted for

"revenue", and the words "managing the public debt" are substituted

for "for the support of the public credit", for consistency in the

revised title.

In subsection (a)(2), the words "carry out" are substituted for

"generally shall perform" for consistency in the revised title and

with other titles of the United States Code. The words "that the

Secretary is required" are substituted for "as he shall be

directed" because of the restatement.

In subsection (a)(3), the word "issue" is substituted for "shall

grant" for consistency. The words "under limitations herein

established or to be provided" are omitted as unnecessary. The word

"consistent" is substituted for "in pursuance of", and the words

"by law" are omitted, for consistency.

Subsection (a)(4) is included to reflect all the major duties of

the Secretary of the Treasury. See chapter 51 of the revised title.

In subsection (a)(5), before subclause (A), the words "prescribe

regulations" are substituted for "make and issue from time to time

such instructions and regulations" for consistency in the revised

title and to eliminate unnecessary words. The words "applicable to

anyone" are substituted for "to the several collectors, receivers,

depositaries, officers, and others" for clarity and to eliminate

unnecessary words. In subclause (A), the words "for the Government"

are inserted because section 8 of the Act of June 30, 1864 (ch.

172, 13 Stat. 221), from which section 251 of the Revised Statutes

is derived, used the phrase "in behalf of the United States". In

subclause (B), the words "those notes and securities" are

substituted for "the same" for clarity.

In subsection (a)(6), the word "collect" is substituted for

"superintend the collection" because of the source provisions

restated in section 321(c) of the revised title. The word

"receipts" is substituted for "revenue" for consistency in the

revised title.

In subsection (a)(7), the words "Secretary of the Treasury" are

substituted for "General Counsel of the Department of the Treasury,

under the direction of the Secretary of the Treasury" because of

the source provisions restated in subsection (c) of this section.

The words "with a view to prosecuting persons" are substituted for

"for the prosecution of persons charged with the commission

thereof" for clarity. The words "take steps to discover fraud and

attempted fraud" are substituted for "take cognizance of all frauds

or attempted frauds" for clarity. The words "involving receipts"

are substituted for "upon the revenue" for consistency in the

revised title. The words "decide on ways to prevent and detect

fraud" are substituted for "exercise a general supervision over the

measures for their prevention and detection" for clarity and to

eliminate unnecessary words.

In subsection (a)(8), before subclause (A), the word "maintain"

is substituted for "shall be kept" for consistency. The words "all

moneys" and "internal" are omitted as unnecessary because of the

restatement. The words "duties or" are omitted as being included in

"taxes". The word "possession" is added for consistency in the

revised title and with other titles of the Code. The word "listing"

is substituted for "so as to exhibit, as far as may be" for clarity

and to eliminate unnecessary words. In subclause (A), the word

"kind" is substituted for "species" for consistency. The words

"that shall accrue" are omitted as surplus. In subclause (B), the

words "each tax" are substituted for "each source of revenue" for

clarity. In subclause (C), the word "pay" is substituted for

"compensation" for consistency. The words "officers and employees"

are substituted for "collectors and deputy collectors, inspectors,

and other officers" for consistency and to eliminate unnecessary

words.

Subsection (b)(1) is included as a general statement of the

authority of the Secretary of the Treasury to prescribe regulations

to avoid repeating each time specific authority of the Secretary to

carry out certain provisions of law.

In subsection (b)(2), the words "make such provisions" in

31:1001(note) are omitted as unnecessary. The words "or by any

agency" are omitted and the words "duties and powers" are

substituted for "function", for consistency in the revised title

and with other titles of the Code. The words "including any

function transferred to the Secretary by the provisions of this

reorganization plan" are omitted as executed.

In subsection (b)(3), the word "effect " is omitted as

unnecessary. The words "(available or to be made available)" are

omitted as surplus. The words "delegation made under clause (2) of

this subsection" are substituted for "provisions of this

reorganization plan" because the only provision of Reorganization

Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat. 1281) that

continues to have legal effect is section 2 that is restated in

clause (2).

In subsection (b)(4), before subclause (A), the word "detail" is

substituted for "to use for, and in connection with" to eliminate

unnecessary words. The words "in addition to details authorized

under another law" are substituted for 31:1017(last sentence) to

eliminate unnecessary words and because subsequent laws would also

provide additional authority to detail. The words "and the several

branches of the public service under its control" are omitted as

being included in "Department". The words "officers and employees"

are substituted for "persons" for clarity and consistency in the

revised title. In subclause (B), the words "agents or from the

appropriation for the foregoing purpose" are omitted as unnecessary

because of the restatement.

In subsection (b)(5), the words "the proceeds thereof to be

accounted for and paid into the Treasury of the United States" are

omitted as unnecessary because of section 3302 of the revised

title.

In subsection (b)(6), the word "buy" is substituted for "make

expenditures" for consistency in the revised title and with other

titles of the Code. The words "officers or employees" are

substituted for "civilian employees", and the words "in carrying

out their duties and powers" are substituted for "in the

performance of their official duties", for consistency in the

revised title and with other titles of the Code.

AMENDMENTS

1995 - Subsec. (b)(7). Pub. L. 104-66 added par. (7).

1989 - Subsec. (c)(3). Pub. L. 101-73, Sec. 307(b), added par.

(3).

Subsec. (e). Pub. L. 101-73, Sec. 307(d), added subsec. (e).

1984 - Subsec. (d). Pub. L. 98-369 added subsec. (d).

-TRANS-

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to

Secretary of the Treasury, see Parts 1, 2, and 15 of Ex. Ord. No.

12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under

section 5195 of Title 42, The Public Health and Welfare.

-MISC2-

USE OF AIRCRAFT IN EMERGENCY LAW ENFORCEMENT SUPPORT

Pub. L. 104-52, title I, Sec. 107, Nov. 19, 1995, 109 Stat. 476,

provided that: "The Secretary of the Treasury is authorized in

fiscal year 1996 and hereafter, to use Treasury Department

aircraft, with or without reimbursement, to assist bureaus within

the Department of the Treasury or other Federal agencies,

Departments or offices outside of the Department of the Treasury to

provide emergency law enforcement support to protect human life,

property, public health, or safety."

-End-

-CITE-

31 USC Sec. 322 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 322. Working capital fund

-STATUTE-

(a) The Department of the Treasury has a working capital fund.

Amounts in the fund are available for expenses of operating and

maintaining common administrative services of the Department that

the Secretary of the Treasury, with the approval of the Director of

the Office of Management and Budget, decides may be carried out

more advantageously and more economically as central services.

(b) Amounts in the fund remain available until expended. Amounts

may be appropriated to the fund.

(c) The fund consists of -

(1) amounts appropriated to the fund;

(2) to the extent transferred to the fund by the Secretary, the

reasonable value of supply inventories, equipment, and other

assets and inventories on order for providing services out of

amounts in the fund, less related liabilities and unpaid

obligations;

(3) amounts received from the sale or exchange of property; and

(4) payments received for loss or damage to property of the

fund.

(d) The fund shall be reimbursed, or credited with advance

payments, from amounts available to the Department or from other

sources, for supplies and services at rates that will equal the

expenses of operation, including accrual of annual leave and the

depreciation of plant and equipment. Amounts the Secretary decides

are in excess of the needs of the fund shall be deposited at the

end of each fiscal year in the Treasury as miscellaneous receipts.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 881; Pub. L. 98-369, div.

A, title IV, Sec. 442, July 18, 1984, 98 Stat. 816.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

322(a) 31:1033(1st Dec. 31, 1970, Pub. L. 91-614,

sentence less words Sec. 401, 84 Stat. 1846.

between 1st and 3d

commas, 2d sentence

1st-9th words).

322(b) 31:1033(1st

sentence words

between 1st and 3d

commas, last

sentence).

322(c) 31:1033(2d sentence

less 1st-9th words,

4th sentence).

322(d) 31:1033(3d, 5th

sentences).

--------------------------------------------------------------------

In subsection (a), the words "Amounts in the fund are available"

are added because of the restatement.

In subsection (b), the words "Amounts in the fund remain

available until expended" are substituted for "shall be available,

without fiscal year limitation" for consistency in the revised

title.

In subsection (c)(1), the words "amounts appropriated to the

fund" are substituted for "any appropriations made for the purpose

of providing capital" to eliminate unnecessary words. In clause

(2), the word "reasonable" is substituted for "fair and reasonable"

because it is inclusive.

In subsection (d), the words "other Federal agencies" are omitted

because they are included in "other sources".

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-369 struck out provision placing a

$1,000,000 limitation on fund.

-End-

-CITE-

31 USC Sec. 323 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 323. Investment of operating cash

-STATUTE-

(a) To manage United States cash, the Secretary of the Treasury

may invest any part of the operating cash of the Treasury for not

more than 90 days. Investments may be made in obligations of -

(1) depositaries maintaining Treasury tax and loan accounts

secured by pledged collateral acceptable to the Secretary; and

(2) the United States Government.

(b) Subsection (a) of this section does not -

(1) require the Secretary to invest a cash balance held in a

particular account; or

(2) permit the Secretary to require the sale of obligations by

a particular person, dealer, or financial institution.

(c) The Secretary shall consider the prevailing market in

prescribing rates of interest for investments under subsection

(a)(1) of this section.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 882.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

323(a) 31:1038(1st Oct. 28, 1977, Pub. L. 95-147,

sentence less 1st, Sec. 1, 91 Stat. 1227.

2d provisos).

323(b) 31:1038(1st, 2d

provisos).

323(c) 31:1038(last

sentence).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "To manage United

States cash" are substituted for "for cash management purposes" for

clarity. In clause (1), the words "as security for tax and loan

accounts" are omitted as unnecessary. In clause (2), the words

"agencies of the United States" are omitted as being included in

"the Government".

In subsection (c), the words "Investments in obligations of

depositaries maintaining such accounts" and "rates of interest"

(the 2d time they appear) are omitted as unnecessary because of the

restatement.

-End-

-CITE-

31 USC Sec. 324 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 324. Disposing and extending the maturity of obligations

-STATUTE-

(a) The Secretary of the Treasury may -

(1) dispose of obligations -

(A) acquired by the Secretary for the United States

Government; or

(B) delivered by an executive agency; and

(2) make arrangements to extend the maturity of those

obligations.

(b) The Secretary may dispose or extend the maturity of

obligations under subsection (a) of this section in the way, in

amounts, at prices (for cash, obligations, property, or a

combination of cash, obligations, or property), and on conditions

the Secretary considers advisable and in the public interest.

(c) The authority under this section is in addition to authority

under another law.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 882; Pub. L. 98-369, div.

A, title IV, Sec. 444, July 18, 1984, 98 Stat. 816.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

324(a) 31:741a(a)(1st Apr. 3, 1945, ch. 51, Sec. 5,

sentence words 59 Stat. 48.

before 9th comma).

324(b) 31:741a(a)(1st

sentence words

after 9th comma,

last sentence).

324(c) 31:741a(b).

--------------------------------------------------------------------

In the section, the words "sell, exchange" are omitted as being

included in "dispose". The word "obligations" is substituted for

"bonds, notes, or other securities" for consistency in the revised

title. The words "under judicial process or otherwise" are omitted

as unnecessary.

In subsection (a), before clause (1), the words "Notwithstanding

the provisions of section 302 of title 40" are omitted as

unnecessary and because section 302 was repealed by section 1(95)

of the Act of October 31, 1951 (ch. 654, 65 Stat. 705). In clause

(2), the words "those obligations" are substituted for "thereof"

for clarity.

In subsection (b), the words "The Secretary may dispose or extend

the maturity of obligations under subsection (a) of this section"

are added for clarity and because of the restatement. The words

"combination of cash, obligations, or property" are substituted for

"or any combination thereof" for clarity. The words "terms and

conditions" are omitted as being included in "on conditions". The

words "under the authority of this section" are omitted as

unnecessary because of the restatement.

Subsection (c) is substituted for 31:741a(b) to eliminate

unnecessary words and for consistency in the revised title.

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-369 struck out provision that the

Secretary could not dispose of obligations of one issuer, held by

the Secretary at one time, having on the date of disposal a total

face or par value of more than $1,000,000 or, if no-par

obligations, a stated or book value of more than $1,000,000.

-End-

-CITE-

31 USC Sec. 325 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 325. International affairs authorization

-STATUTE-

(a) Under regulations prescribed by the Secretary of the

Treasury, the Secretary may provide officers and employees of the

Department of the Treasury carrying out international affairs

duties and powers of the Department with allowances and benefits

comparable to those provided under chapter 9 of title I of the

Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.).

(b) The following amounts may be appropriated to the Secretary

for the fiscal year ending September 30, 1982:

(1) not more than $22,896,000 to carry out the international

affairs duties and powers of the Department (including amounts

for official functions and reception and representation

expenses).

(2) not more than $1,000,000 for increases in -

(A) pay, under section 5382(c) and subchapter I of chapter 53

of title 5 (except section 5305, or corresponding prior

provision of such title), of officers and employees carrying

out the duties and powers referred to in clause (1) of this

subsection;

(B) departmental contributions attributable to those pay

increases; and

(C) allowances and benefits, because of cost of living

increases, provided under subsection (a) of this section.

(c) Necessary amounts may be appropriated to the Secretary for

each fiscal year beginning after September 30, 1982 -

(1) to carry out the international affairs duties and powers of

the Department (including amounts for official functions and

reception and representation expenses);

(2) for increases in -

(A) pay, under section 5382(c) and subchapter I of chapter 53

of title 5 (except section 5303), of officers and employees

carrying out the duties and powers referred to in clause (1) of

this subsection;

(B) departmental contributions attributable to those pay

increases; and

(C) allowances and benefits, because of cost of living

increases, provided under subsection (a) of this section.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 882; Pub. L. 101-509,

title V, Sec. 529 [title I, Sec. 101(b)(3)(D)], Nov. 5, 1990, 104

Stat. 1427, 1439.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

325(a) 31:822a(d). Jan. 30, 1934, ch. 6, 48 Stat.

337, Sec. 10(d); added Nov. 8,

1978, Pub. L. 95-612, Sec. 2,

92 Stat. 3091; Oct. 17, 1980,

Pub. L. 96-465, Sec. 2206(f),

94 Stat. 2163.

325(b), (uncodified). Nov. 8, 1978, Pub. L. 95-612,

(c) Sec. 5, 92 Stat. 3092; Aug. 8,

1979, Pub. L. 96-47, 93 Stat.

344; Aug. 13, 1981, Pub. L.

97-35, Sec. 382(a), 95 Stat.

432.

--------------------------------------------------------------------

In the section, the words "international affairs duties and

powers" are substituted for "international affairs functions" for

consistency in the revised title and with other titles of the

United States Code. The words "officers and employees" are

substituted for "personnel" and "employees" as being more precise.

In subsection (b), before clause (1), the words "fiscal year

ending September 30, 1982" are substituted for "fiscal year 1982"

for consistency in the revised title and with other titles of the

Code. In clause (2), the word "pay" is substituted for "salaries"

for consistency in the revised title and with other titles of the

Code. The word "departmental" is substituted for "agency" because

of the source provisions restated in section 321 of the revised

title. The words "those pay increases" are substituted for

"thereto" for clarity.

Subsection (c) is substituted for the words "and such sums as may

be necessary for each fiscal year thereafter" both times they

appear.

AMENDMENTS

1990 - Subsec. (b)(2)(A). Pub. L. 101-509 substituted "(except

section 5305, or corresponding prior provision of such title)" for

"(except section 5303)".

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on such date as the

President shall determine, but not earlier than 90 days, and not

later than 180 days, after Nov. 5, 1990, see section 529 [title

III, Sec. 305] of Pub. L. 101-509, set out as a note under section

5301 of Title 5, Government Organization and Employees.

STUDY ON ROLE OF GOLD IN DOMESTIC AND INTERNATIONAL MONETARY

SYSTEMS; ESTABLISHMENT OF COMMISSION; REPORT TO CONGRESS;

AVAILABILITY OF APPROPRIATIONS

Pub. L. 96-389, Sec. 10, Oct. 7, 1980, 94 Stat. 1555, as amended

Pub. L. 97-47, Sec. 2, Sept. 30, 1981, 95 Stat. 954, provided that

the Secretary of the Treasury establish and chair a commission

consisting of three members of the Board of Governors of the

Federal Reserve System, two members of the Council of Economic

Advisors, and four private citizens with business, finance, or

academic backgrounds, to be designated by the Secretary, and one

majority and one minority member each from the Joint Economic

Committee, the Senate Committee on Banking, Housing, and Urban

Affairs, and the House Committee on Banking, Finance and Urban

Affairs to be designated by the Speaker of the House and the

President of the Senate, respectively. The commission was to

conduct a study to assess and make recommendations with regard to

the policy of the United States Government concerning the role of

gold in domestic and international monetary systems, and transmit

to Congress a report containing its findings and recommendations

not later than March 31, 1982. Sums appropriated pursuant to

section 5 of Public Law 95-612 [Pub. L. 95-612, Sec. 5, Nov. 8,

1978, 92 Stat. 3092, which was not classified to the Code] were

made available to the commission to carry out its functions.

-End-

-CITE-

31 USC Sec. 326 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 326. Availability of appropriations for certain expenses

-STATUTE-

(a) Under regulations prescribed by the Secretary of the

Treasury, an appropriation for the Department of the Treasury

available to pay travel expenses also is available to pay expenses

to attend meetings of organizations related to the function or

activity for which the appropriation is made.

(b) The Secretary may approve reimbursement to agents on

protective missions for subsistence expenses authorized by law

without regard to rates and amounts established under section 5702

of title 5.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 883; Pub. L. 99-234,

title I, Sec. 107(e), Jan. 2, 1986, 99 Stat. 1759.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code Source (Statutes at Large)

Section

--------------------------------------------------------------------

326(a) 31:1031. June 1, 1955, ch. 113, Sec.

102, 69 Stat. 76.

326(b) 31:1032. Sept. 29, 1969, Pub. L. 91-74,

Sec. 102(1st par.), 83 Stat.

118.

--------------------------------------------------------------------

In subsection (a), the words "On and after June 1, 1955," are

omitted as executed.

In subsection (b), the words "On and after September 29, 1969,"

are omitted as executed.

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-234 substituted "rates and

amounts" for "rates".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-234 effective (1) on the effective date

of regulations to be promulgated not later than 150 days after Jan.

2, 1986, or (2) 180 days after Jan. 2, 1986, whichever occurs

first, see section 301(a) of Pub. L. 99-234, set out as a note

under section 5701 of Title 5, Government Organization and

Employees.

-End-

-CITE-

31 USC Sec. 327 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 327. Advancements and reimbursements for services

-STATUTE-

(a) In this section, "service" includes service provided in -

(1) disbursing and receiving amounts.

(2) servicing bonds.

(3) making accounts.

(4) maintaining bank accounts.

(b) When the Secretary of the Treasury provides a service for an

agency (except the Department of the Treasury) for which amounts

have not been appropriated to the Department, the agency may

advance for credit or reimburse the Department the amounts

necessary to provide the service. Notwithstanding section 3302 of

this title, amounts advanced or reimbursed may be credited to the

appropriation of the Department that is current when the service is

provided.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 883.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code Source (Statutes at Large)

Section

--------------------------------------------------------------------

327(a) 31:157(c)(2). Aug. 14, 1950, ch. 705, 64

Stat. 440.

327(b) 31:157(a)-(c)(1).

--------------------------------------------------------------------

In the section, the word "amounts" is substituted for "funds" for

consistency in the revised title and with other titles of the

United States Code.

In subsection (a), the words "shall not be limited to" are

omitted as surplus. The words "disbursing and receiving" are

substituted for "collection and disbursement", the word "making" is

substituted for "rendition of", and the word "maintaining" is

substituted for "keeping", for consistency in the revised title.

The word "checking" is omitted as being included in "bank".

In subsection (b), the words "When the Secretary of the Treasury

provides a service" are substituted for "When any service

authorized by law and directed by the Secretary of the Treasury is

performed or to be performed" to eliminate unnecessary words. The

words "by the Fiscal Service or the Office of the Treasurer of the

United States of the Department of the Treasury" are omitted

because of the source provisions restated in section 321 of the

revised title. The words "agency (except the Department of the

Treasury)" are substituted for 31:157(c)(1) for consistency in the

revised title and with other titles of the Code. The word

"reimburse" is substituted for "pay", and the words "advanced or

reimbursed" are substituted for "transferred", for clarity and

because of the restatement.

-End-

-CITE-

31 USC Sec. 328 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 328. Accounts and payments of former disbursing officials

-STATUTE-

(a) If a chief disbursing official or a director of a disbursing

center of the Department of the Treasury dies, resigns, or leaves

office, the deputy chief disbursing official or the deputy director

of the disbursing center designated by the Secretary of the

Treasury may continue the accounts and payments in the name of the

former disbursing official or director through the last day of the

2d month after the month in which the death, resignation, or

separation occurs. The accounts and payments shall be allowed,

audited, and settled as provided by law. The Secretary shall honor

checks signed in the name of the former disbursing official or

director in the same way as if the former disbursing official or

director had continued in office.

(b) Only the deputy chief or deputy director designated under

subsection (a) of this section is liable for actions taken in the

name of the former disbursing official under subsection (a).

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 883.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code Source (Statutes at Large)

Section

--------------------------------------------------------------------

328(a) 31:1014(1st, 2d Dec. 24, 1942, ch. 821, 56

sentences). Stat. 1086; restated Aug. 1,

1947, ch. 438, 61 Stat. 717;

June 6, 1972, Pub. L. 92-310,

Sec. 231(dd), 86 Stat. 213.

328(b) 31:1014(last

sentence).

--------------------------------------------------------------------

In subsection (a), the words "director of a disbursing center"

are substituted for "any regional disbursing officer of the Fiscal

Service, Treasury Department" to reflect the title of the position

now presently authorized. The words "dies, resigns, or leaves

office" are substituted for "In case of the death or of the

resignation or separation from office" for consistency with other

titles of the United States Code. The words "designated by an

official of the Treasury Department authorized by the Secretary of

the Treasury to make such designation" are omitted as unnecessary

because of the source provisions restated in section 321 of the

revised title. The word "through" is substituted for "for a period

of time not to extend beyond" to eliminate unnecessary words. The

words "as provided by law" are substituted for "in the General

Accounting Office", for consistency with other titles of the Code.

The word "Secretary" is substituted for "Treasurer of the United

States" because of the source provisions restated in section 321 of

the revised title.

Subsection (b) is substituted for 31:1014(last sentence) for

clarity and to eliminate unnecessary words.

-End-

-CITE-

31 USC Sec. 329 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 329. Limitations on outside activities

-STATUTE-

(a)(1) The Secretary of the Treasury and the Treasurer may not -

(A) be involved in trade or commerce;

(B) own any part of a vessel (except a pleasure vessel);

(C) buy or hold as a beneficiary in trust public property;

(D) be involved in buying or disposing of obligations of a

State or the United States Government; and

(E) personally take or use a benefit gained from conducting

business of the Department of the Treasury except as authorized

by law.

(2) An officer violating this subsection shall be fined $3,000,

removed from office, and thereafter may not hold an office of the

Government.

(3) An individual (except prosecutors) giving information leading

to the prosecution and conviction of an individual violating this

subsection shall receive $1,500 of the fine when paid.

(b)(1) An officer or employee of the Department (except the

Secretary or Treasurer) may not -

(A) carry on a trade or business in the funds, debts, or

property of a State or the Government; and

(B) personally use a benefit gained from conducting business of

the Department.

(2) An officer or employee violating this subsection shall be

fined $500 and removed from office.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 884.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code Source (Statutes at Large)

Section

--------------------------------------------------------------------

329(a) 31:163, 1003. R.S. Sec. 243.

329(b) 31:1018. R.S. Sec. 244.

--------------------------------------------------------------------

In subsection (a)(1), before clause (A), the words "The Secretary

of the Treasury and the Treasurer may not" are substituted for "No

person appointed to the office of Secretary of the Treasury, or

Treasurer, shall" because of the restatement and for consistency in

the revised title. The words "or First Comptroller" (subsequently

redesignated as the Comptroller of the Treasury by section 4 of the

Act of July 31, 1894 (ch. 174, 28 Stat. 205)) and "or First

Auditor" in section 243 of the Revised Statutes are omitted because

the positions were abolished by sections 301 and 310 of the Act of

June 10, 1921 (ch. 18, 42 Stat. 23, 25). The text of 31:163 is

omitted because the position of Register was abolished by section

1(a) of Reorganization Plan No. 3 of 1940 (eff. June 30, 1940, 54

Stat. 1231). In clause (A), the words "directly or indirectly" are

omitted as unnecessary. The words "be involved" are substituted for

"be concerned or interested in carrying on the business of" to

eliminate unnecessary words. In clause (B), the words "any part of

a" are substituted for "in whole or in part" for consistency. The

words "(except a pleasure vessel)" are added for consistency with

19:1599. In clause (C), the words "buy or hold as beneficiary in

trust" are substituted for "purchase by himself, or another in

trust for him" for clarity and consistency. The words "public land"

are omitted as being included in "public property". In clause (D),

the words "involved in buying or disposing of obligations" are

substituted for "be concerned in the purchase or disposal of any

public securities" to eliminate unnecessary words and for

consistency in the revised title. In clause (E), the words

"personally take or use a benefit gained from conducting business

of the Department of the Treasury" are substituted for "take or

apply to his own use any emolument or gain for negotiating or

transacting any business in the Treasury Department" to eliminate

unnecessary words.

In subsection (a)(2), the words "an officer" are substituted for

"every person" as being more precise. The word "violating" is

substituted for "who offends against any of the prohibitions of

this section" for clarity and to eliminate unnecessary words. The

words "shall be deemed guilty of a high misdemeanor" are omitted

because of 18:1. The word "fined" is substituted for "forfeit to

the United States the penalty" for consistency and to eliminate

unnecessary words. The words "and shall upon conviction be" are

omitted as unnecessary.

In subsection (a)(3), the words "giving information leading to

the prosecution and conviction of an individual violating this

subsection" are substituted for "shall give information of any such

offense, upon which a prosecution and conviction shall be had" for

clarity. The words "shall receive $1,500 of the fine when paid" are

substituted for "one-half the aforesaid penalty of three thousand

dollars, when recovered, shall be for the use of the person giving

such information" to eliminate unnecessary words.

In subsection (b)(1), before clause (A), the words "An officer or

employee of the Department (except the Secretary or Treasurer)" are

substituted for "Every clerk employed in the Treasury Department"

because of the restatement and for consistency with subsection (a)

of the section. In clause (A), the words "in any kind of public"

are omitted as unnecessary. In clause (B), the words "personally

use a benefit gained" are substituted for "who takes or applies to

his own use any emolument or gain" to eliminate unnecessary words.

The word "conducting" is substituted for "negotiating or

transacting" for consistency. The words "shall be deemed guilty of

a misdemeanor" are omitted because of 18:1.

In subsection (b)(2), the words "An officer or employee violating

this subsection" are added because of the restatement. The word

"punished" is omitted as unnecessary.

-End-

-CITE-

31 USC Sec. 330 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 330. Practice before the Department

-STATUTE-

(a) Subject to section 500 of title 5, the Secretary of the

Treasury may -

(1) regulate the practice of representatives of persons before

the Department of the Treasury; and

(2) before admitting a representative to practice, require that

the representative demonstrate -

(A) good character;

(B) good reputation;

(C) necessary qualifications to enable the representative to

provide to persons valuable service; and

(D) competency to advise and assist persons in presenting

their cases.

(b) After notice and opportunity for a proceeding, the Secretary

may suspend or disbar from practice before the Department a

representative who -

(1) is incompetent;

(2) is disreputable;

(3) violates regulations prescribed under this section; or

(4) with intent to defraud, willfully and knowingly misleads or

threatens the person being represented or a prospective person to

be represented.

(c) After notice and opportunity for a hearing to any appraiser

with respect to whom a penalty has been assessed under section

6701(a) of the Internal Revenue Code of 1986, the Secretary may -

(1) provide that appraisals by such appraiser shall not have

any probative effect in any administrative proceeding before the

Department of the Treasury or the Internal Revenue Service, and

(2) bar such appraiser from presenting evidence or testimony in

any such proceeding.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 884; Pub. L. 98-369, div.

A, title I, Sec. 156(a), July 18, 1984, 98 Stat. 695; Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code Source (Statutes at Large)

Section

--------------------------------------------------------------------

330(a) 31:1026(1st July 7, 1884, ch. 334, Sec.

sentence). 3(proviso and sentence

immediately after proviso

under heading "War

Department"), 23 Stat. 258.

330(b) 31:1026(last

sentence).

--------------------------------------------------------------------

In the section, the words "representatives of persons" are

substituted for "agents, attorneys, or other persons representing

claimants before his department" to eliminate unnecessary words.

In subsection (a), before clause (1), the words "Subject to

section 500 of title 5" are added for clarity and to conform to

title 5. In clause (1), the word "regulate" is substituted for

"prescribe rules and regulations" to eliminate unnecessary words.

The words "the practice" are substituted for "before being

recognized" for consistency with other revised titles of the United

States Code. In clause (2)(C), the words "possessed of the" are

omitted because of the restatement.

In subsection (b), the word "proceeding" is substituted for

"hearing" because of subchapter II of chapter 5 of title 5. In

clause (3), the words "violates regulations prescribed under this

section" are substituted for "who refuses to comply with said rules

and regulations" to eliminate unnecessary words. In clause (4), the

words "in any manner" are omitted as surplus. The word "deceive" is

omitted as being included in the word "mislead". The words "by

word, circular, letter, or by advertisement" are omitted as

unnecessary.

-REFTEXT-

REFERENCES IN TEXT

Section 6701(a) of the Internal Revenue Code of 1986, referred to

in subsec. (c), is classified to section 6701(a) of Title 26,

Internal Revenue Code.

-MISC2-

AMENDMENTS

1986 - Subsec. (c). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954".

1984 - Subsec. (c). Pub. L. 98-369 added subsec. (c).

EFFECTIVE DATE OF 1984 AMENDMENT

Section 156(b) of Pub. L. 98-369 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

penalties assessed after the date of the enactment of this Act

[July 18, 1984]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 sections 6103, 7525.

-End-

-CITE-

31 USC Sec. 331 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 331. Reports

-STATUTE-

(a) The Secretary of the Treasury shall submit to Congress each

year an annual report. The report shall include -

(1) a statement of the public receipts and public expenditures

for the prior fiscal year;

(2) estimates of public receipts and public expenditures for

the current and next fiscal years;

(3) plans for improving and increasing public receipts to

provide Congress with information on ways to raise amounts

necessary to meet public expenditures;

(4) a statement of all contracts for supplies or services made

by the Secretary during the prior fiscal year;

(5) a statement of appropriations expended to pay for

miscellaneous claims not otherwise provided for;

(6) a statement on all payments made from the fund under

section 3126 of this title for the prior fiscal year; and

(7) estimates of amounts for payment under section 1322(b) of

this title.

(b)(1) On the first day of each regular session of Congress, the

Secretary shall submit to Congress a report for the prior fiscal

year on -

(A) the total and individual amounts of contingent liabilities

and unfunded liabilities of the United States Government;

(B) as far as practicable, trust fund liabilities, liabilities

of Government corporations, indirect liabilities not included as

a part of the public debt, and liabilities of insurance and

annuity programs (including their actuarial status);

(C) collateral pledged and assets available (or to be realized)

as security for the liabilities (separately noting Government

obligations) and other assets specifically available to liquidate

the liabilities of the Government; and

(D) the total amount in each category under clauses (A)-(C) of

this paragraph for each agency.

(2) The report shall present the information required under

paragraph (1) of this subsection in a concise way, with explanatory

material (including an analysis of the significance of liabilities

based on past experience and probable risk) the Secretary considers

desirable.

(c) On the first day of each regular session of Congress, the

Secretary shall submit to Congress a report for the prior fiscal

year on the total amount of public receipts and public expenditures

listing receipts, when practicable, by ports, districts, and States

and the expenditures by each appropriation.

(d) The Secretary shall report to either House of Congress in

person or in writing, as required, on matters referred to the

Secretary by that House of Congress.

(e)(1) Not later than March 31 of 1998 and each year thereafter,

the Secretary of the Treasury, in coordination with the Director of

the Office of Management and Budget, shall annually prepare and

submit to the President and the Congress an audited financial

statement for the preceding fiscal year, covering all accounts and

associated activities of the executive branch of the United States

Government. The financial statement shall reflect the overall

financial position, including assets and liabilities, and results

of operations of the executive branch of the United States

Government, and shall be prepared in accordance with the form and

content requirements set forth by the Director of the Office of

Management and Budget.

(2) The Comptroller General of the United States shall audit the

financial statement required by this section.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 884; Pub. L. 103-356,

title IV, Sec. 405(c), Oct. 13, 1994, 108 Stat. 3416.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code Source (Statutes at Large)

Section

--------------------------------------------------------------------

331(a)( 31:1027. R.S. Sec. 257.

1)- (5)

31:1030. Feb. 26, 1907, ch. 1635, Sec.

1(2d par. under heading

"Treasury Department"), 34

Stat. 949.

331(a)(6) 31:757c(i)(last Sept. 24, 1917, ch. 56, 40

sentence). Stat. 288, Sec. 22(i)(last

sentence); added Apr. 11,

1943, ch. 52, Sec. 3, 57 Stat.

63; restated Apr. 3, 1945, ch.

51, Sec. 3, 59 Stat. 48.

331(a)(7) 31:725p(a)(last June 26, 1934, ch. 756, Secs.

sentence). 17(a)(last sentence),

18(a)(last sentence), 48 Stat.

1230, 1231.

31:725q(a)(last

sentence).

331(b) 31:757f. Nov. 13, 1966, Pub. L. 89-809,

Sec. 402, 80 Stat. 1590; Apr.

21, 1976, Pub. L. 94-273, Sec.

2(17), 90 Stat. 375.

331(c) 31:1029. July 31, 1894, ch. 174, Sec.

15, 28 Stat. 210.

331(d) 31:1002(words R.S. Sec. 248(words between

between 4th and 5th 4th and 5th semicolons).

semicolons)

--------------------------------------------------------------------

In subsections (a) and (c), the word "receipts" is substituted

for "revenues" for consistency in the section and the revised

title.

In subsection (a)(1), the words "public receipts and public

expenditures" are substituted for "receipts and expenditures of the

Government" in 31:1030 for consistency in the section. The word

"completed" is omitted as surplus. In clause (2), the words "First.

A report on the subject of finance" in 31:1027 are omitted because

of the restatement. The word "containing" is omitted as surplus. In

clause (4), the words "Second. A report containing" are omitted

because of the restatement. The words "prior fiscal year" are

substituted for "during the year preceding" for consistency. In

clause (5), the words "paid at the Treasury" are omitted as

unnecessary. The 3d paragraph of section 257 of the Revised

Statutes, providing for a report on rules and regulations of the

Secretary of the Treasury on imported goods, wares, and

merchandise, is omitted as obsolete because section 252 of the

Revised Statutes, authorizing those rules and regulations, was

repealed by the Act of February 27, 1877 (ch. 69, 19 Stat. 241).

The 4th paragraph of section 257, providing for a report on amounts

of hospital taxes collected from sick and disabled seamen, is

omitted as obsolete because section 15 of the Act of June 26, 1884

(ch. 121, 23 Stat. 57), repealed the tax. In clause (7), the words

"the Commissioners of the District of Columbia" (subsequently

changed to "the Mayor of the District of Columbia" by section 422

of the District of Columbia Self-Government and Governmental

Reorganization Act (Pub. L. 93-198, 87 Stat. 790)) in 31:725p are

omitted as unnecessary because of Sec. 448 of the District of

Columbia Self-Government and Governmental Reorganization Act. The

text of 31:725q(proviso) is omitted because of the restatement.

In subsection (b)(1), before clause (A), the words "for the prior

fiscal year" are substituted for "as of the close of the preceding

September 30 (beginning with the report as of June 30, 1967)" to

eliminate unnecessary words. In clause (C), the word "obligations"

is substituted for "securities" for consistency in the revised

title. Clause (D) is substituted for "and of each department,

agency, and instrumentality thereof" for clarity.

In subsection (c), the words "a report for the prior fiscal year

on the total amount of public receipts and public expenditures" are

substituted for "an accurate combined statement of the receipts and

expenditures during the last preceding fiscal year of all public

moneys" because of the restatement. The words "including those of

the United States Postal Service" are omitted as unnecessary and

superseded by 39:410.

In subsection (d), the words "either House of Congress" are

substituted for "either branch of the legislature" for clarity and

consistency. The words "that House of Congress" are substituted for

"the Senate or House of Representatives" for consistency and

because of the restatement. The words "or which appertain to his

office" are omitted as unnecessary because of subsections (a)-(c)

of the section.

AMENDMENTS

1994 - Subsec. (e). Pub. L. 103-356 added subsec. (e).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which certain reporting requirements under subsecs. (a), (b)(1)(A),

and (c) of this section are listed on pages 140 and 142), see

section 3003 of Pub. L. 104-66, as amended, and section 1(a)(4)

[div. A, Sec. 1402(1)] of Pub. L. 106-554, set out as notes under

section 1113 of this title.

-End-

-CITE-

31 USC Sec. 332 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 332. Miscellaneous administrative authority

-STATUTE-

The Secretary of the Treasury may to the extent provided in

advance by appropriation Acts -

(1) contract for the temporary or intermittent services of

experts or consultants as authorized by section 3109 of title 5,

United States Code, at rates not to exceed the per diem

equivalent to the rate for GS-18;

(2) contract with and reimburse the Department of State for

health and medical services for employees of the Department of

the Treasury and their dependents serving in foreign countries;

(3) provide for official functions, and reception and

representation activities;

(4) maintain, repair, and clean uniforms furnished by the

Department of the Treasury to uniformed employees;

(5) provide athletic and related activities for students at the

Federal Law Enforcement Training Center, Glynco, Georgia;

(6) install and maintain fencing, lighting, guard booths, and

other facilities as necessary for the performance of protective

functions of the Department of the Treasury on property not owned

by or under jurisdiction and control of the United States

Government and, subsequently, to remove the facilities therefrom;

(7) enter into reciprocal assistance agreements with State and

local law enforcement agencies and, in connection with the

agreements and otherwise, train employees of those agencies, when

necessary, with or without reimbursement;

(8) provide laboratory assistance to State and local law

enforcement agencies, with or without reimbursement;

(9) obtain insurance for official motor vehicles operated in

foreign countries; and

(10)(A) when necessary for the performance of official business

-

(i) acquire in foreign countries real property by lease for

periods not greater than 10 years and personal property for use

in foreign countries by purchase, lease, or otherwise, and

(ii) manage, maintain, repair, improve, and insure by

purchase of commercial insurance policies properties referred

to in clause (i), and

(B) when appropriate, dispose of (by sale, rent, transfer, or

otherwise) properties referred to in subparagraph (A)(i).

-SOURCE-

(Added Pub. L. 98-302, Sec. 3(a), May 25, 1984, 98 Stat. 217.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Law Enforcement Training Center of the Department of

the Treasury to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(4), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

31 USC Sec. 333 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 3 - DEPARTMENT OF THE TREASURY

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 333. Prohibition of misuse of Department of the Treasury

names, symbols, etc.

-STATUTE-

(a) General Rule. - No person may use, in connection with, or as

a part of, any advertisement, solicitation, business activity, or

product, whether alone or with other words, letters, symbols, or

emblems -

(1) the words "Department of the Treasury", or the name of any

service, bureau, office, or other subdivision of the Department

of the Treasury,

(2) the titles "Secretary of the Treasury" or "Treasurer of the

United States" or the title of any other officer or employee of

the Department of the Treasury,

(3) the abbreviations or initials of any entity referred to in

paragraph (1),

(4) the words "United States Savings Bond" or the name of any

other obligation issued by the Department of the Treasury,

(5) any symbol or emblem of an entity referred to in paragraph

(1) (including the design of any envelope or stationary used by

such an entity), and

(6) any colorable imitation of any such words, titles,

abbreviations, initials, symbols, or emblems,

in a manner which could reasonably be interpreted or construed as

conveying the false impression that such advertisement,

solicitation, business activity, or product is in any manner

approved, endorsed, sponsored, or authorized by, or associated

with, the Department of the Treasury or any entity referred to in

paragraph (1) or any officer or employee thereof.

(b) Treatment of Disclaimers. - Any determination of whether a

person has violated the provisions of subsection (a) shall be made

without regard to any use of a disclaimer of affiliation with the

United States Government or any particular agency or

instrumentality thereof.

(c) Civil Penalty. -

(1) In general. - The Secretary of the Treasury may impose a

civil penalty on any person who violates the provisions of

subsection (a).

(2) Amount of penalty. - The amount of the civil penalty

imposed by paragraph (1) shall not exceed $5,000 for each use of

any material in violation of subsection (a). If such use is in a

broadcast or telecast, the preceding sentence shall be applied by

substituting "$25,000" for "$5,000".

(3) Time limitations. -

(A) Assessments. - The Secretary of the Treasury may assess

any civil penalty under paragraph (1) at any time before the

end of the 3-year period beginning on the date of the violation

with respect to which such penalty is imposed.

(B) Civil action. - The Secretary of the Treasury may

commence a civil action to recover any penalty imposed under

this subsection at any time before the end of the 2-year period

beginning on the date on which such penalty was assessed.

(4) Coordination with subsection (d). - No penalty may be

assessed under this subsection with respect to any violation

after a criminal proceeding with respect to such violation has

been commenced under subsection (d).

(d) Criminal Penalty. -

(1) In general. - If any person knowingly violates subsection

(a), such person shall, upon conviction thereof, be fined not

more than $10,000 for each such use or imprisoned not more than 1

year, or both. If such use is in a broadcast or telecast, the

preceding sentence shall be applied by substituting "$50,000" for

"$10,000".

(2) Time limitations. - No person may be prosecuted, tried, or

punished under paragraph (1) for any violation of subsection (a)

unless the indictment is found or the information instituted

during the 3-year period beginning on the date of the violation.

(3) Coordination with subsection (c). - No criminal proceeding

may be commenced under this subsection with respect to any

violation if a civil penalty has previously been assessed under

subsection (c) with respect to such violation.

-SOURCE-

(Added Pub. L. 103-296, title III, Sec. 312(l)(1), Aug. 15, 1994,

108 Stat. 1528.)

-MISC1-

EFFECTIVE DATE

Section 312(m) of Pub. L. 103-296 provided that:

"(1) In general. - Except as provided in paragraph (2), the

amendments made by this section [enacting this section and amending

section 1320b-10 of Title 42, The Public Health and Welfare] shall

apply with respect to violations occurring after March 31, 1995.

"(2) Prohibition of misuse of department of the treasury names,

symbols, etc. - Subsection (l)(3) [enacting provisions set out

below] shall take effect on the date of the enactment of this Act

[Aug. 15, 1994], and the amendments made by paragraphs (1) and (2)

of subsection (l) [enacting this section] shall apply with respect

to violations occurring after such date."

REPORT ON IMPLEMENTATION OF SECTION

Section 312(l)(3) of Pub. L. 103-296 provided that: "Not later

than May 1, 1996, the Secretary of the Treasury shall submit a

report to the Committee on Ways and Means of the House of

Representatives and the Committee on Finance of the Senate on the

implementation of the amendments made by this section [enacting

this section and amending section 1320b-10 of Title 42, The Public

Health and Welfare]. Such report shall include the number of cases

in which the Secretary has notified persons of violations of

section 333 of title 31, United States Code (as added by subsection

(a)[(l)(1)]), the number of prosecutions commenced under such

section, and the total amount of the penalties collected in such

prosecutions."

-End-