§ 329 TITLE 31—MONEY AND FINANCE Page 18

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.

§ 329. Limitations on outside activities

(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.

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

HISTORICAL AND REVISION NOTES

Revised

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

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

329(b) ...... 31:1018. R.S. §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.

§ 330. Practice before the Department

(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;