Page 19 TITLE 31—MONEY AND FINANCE § 331

(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.

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

L. 98–369, div. A, title I, §156(a), July 18, 1984, 98

Stat. 695; Pub. L. 99–514, §2, Oct. 22, 1986, 100

Stat. 2095.)

HISTORICAL AND REVISION NOTES

Revised

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

330(a) ...... 31:1026(1st sentence).July 7, 1884, ch. 334, §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.

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.

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].’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 6103.

§ 331. Reports

(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
§ 332 TITLE 31—MONEY AND FINANCE Page 20

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.

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

L. 103–356, title IV, §405(c), Oct. 13, 1994, 108 Stat.

3416.)

HISTORICAL AND REVISION NOTES

Revised

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

331(a)(1)–

(5).

31:1027. R.S. §257.

31:1030. Feb. 26, 1907, ch. 1635, §1(2d

par. under heading ‘‘Treasury Department’’), 34 Stat.

949.

331(a)(6) .. 31:757c(i)(last sentence).Sept. 24, 1917, ch. 56, 40 Stat.

288, §22(i)(last sentence);

added Apr. 11, 1943, ch. 52,

§3, 57 Stat. 63; restated Apr.

3, 1945, ch. 51, §3, 59 Stat. 48.

331(a)(7) .. 31:725p(a)(last sentence).June 26, 1934, ch. 756,

§§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,

§402, 80 Stat. 1590; Apr. 21,

1976, Pub. L. 94–273, §2(17), 90

Stat. 375.

331(c) ...... 31:1029. July 31, 1894, ch. 174, §15, 28

Stat. 210.

331(d) ...... 31:1002(words between 4th and 5th

semicolons)

R.S. §248(words between 4th

and 5th 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 §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).

§ 332. Miscellaneous administrative authority

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;