Page 21 TITLE 31—MONEY AND FINANCE § 333

(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).

(Added Pub. L. 98–302, §3(a), May 25, 1984, 98

Stat. 217.)

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, §101(c)(1)]

of Pub. L. 101–509, set out in a note under section 5376

of Title 5.

§ 333. Prohibition of misuse of Department of the

Treasury names, symbols, etc.

(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.

(Added Pub. L. 103–296, title III, §312(l)(1), Aug.

15, 1994, 108 Stat. 1528.)

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.’’
§ 501 TITLE 31—MONEY AND FINANCE Page 22

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.’’

CHAPTER 5—OFFICE OF MANAGEMENT AND

BUDGET

SUBCHAPTER I—ORGANIZATION

Sec.

501. Office of Management and Budget.

502. Officers.

503. Functions of Deputy Director for Management.

504. Office of Federal Financial Management.

505. Office of Information and Regulatory Affairs.

506. Office of Federal Procurement Policy.

SUBCHAPTER II—ADMINISTRATIVE

521. Employees.

522. Necessary expenditures.

AMENDMENTS

1990—Pub. L. 101–576, title II, §203(c), Nov. 15, 1990, 104

Stat. 2841, added items 503 and 504 and redesignated

former items 503 and 504 as 505 and 506, respectively.

1983—Pub. L. 97–452, §1(1)(B), Jan. 12, 1983, 96 Stat.

2467, added item 504.

SUBCHAPTER I—ORGANIZATION

§ 501. Office of Management and Budget

The Office of Management and Budget is an office in the Executive Office of the President.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 886.)

HISTORICAL AND REVISION NOTES

Revised

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

501 .......... 31:16(1st sentence). June 10, 1921, ch. 18, §207(1st

sentence), 42 Stat. 22;

Reorg. Plan No. 1 of 1939,

eff. July 1, 1939, §1, 53 Stat.

1423; Reorg. Plan No. 2 of

1970, eff. July 1, 1970,

§102(a), 84 Stat. 2085; restated Mar. 2, 1974, Pub. L.

93–250, §1, 88 Stat. 11.

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101–576, title I, §101, Nov. 15, 1990, 104 Stat.

2838, provided that: ‘‘This Act [enacting sections 503,

504, 901 to 903, and 3515 of this title, amending sections

502, 1105, 3512, 3521, 9105, and 9106 of this title, sections

5313 to 5315 of Title 5, Government Organization and

Employees, and section 3533 of Title 42, The Public

Health and Welfare, renumbering sections 503 and 504 of

this title as 505 and 506 of this title, respectively, enacting provisions set out as notes under this section and

sections 901, 3511, 3515, and 3521 of this title, and amending provisions set out as a note under section 301 of

Title 38, Veterans’ Benefits] may be cited as the ‘Chief

Financial Officers Act of 1990’.’’

TRANSFER OF FUNCTIONS

Pub. L. 104–53, title II, §211, Nov. 19, 1995, 109 Stat. 535,

as amended by Pub. L. 104–316, title II, §203, Oct. 19,

1996, 110 Stat. 3845, provided that: ‘‘Personnel transferred pursuant to this section, as in effect immediately before the effective date of section 303 [203] of

the General Accounting Office Act of 1996 [Pub. L.

104–316, Oct. 19, 1996], shall not be separated or reduced

in classification or compensation for one year after any

such transfer, except for cause.’’

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness

functions to Director of the Office of Management and

Budget, see Parts 1, 2, and 28 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.

PURPOSE OF AMENDMENTS BY PUB. L. 104–316

Pub. L. 104–316, title II, §201, Oct. 19, 1996, 110 Stat.

3842, provided that: ‘‘The purpose of this title [see

Tables for classification] is to amend provisions of law

to reflect, update, and enact transfers and subsequent

delegations of functions made under section 211 of the

Legislative Branch Appropriations Act, 1996 (Public

Law 104–53, 109 Stat. 535) [see Transfer of Functions

note above], as in effect immediately before this title

takes effect [Oct. 19, 1996].’’

DEPARTMENT OF THE INTERIOR FRANCHISE FUND PILOT

Pub. L. 104–208, div. A, title I, §101(d) [title I, §113],

Sept. 30, 1996, 110 Stat. 3009–181, 3009–200, provided that:

‘‘There is hereby established in the Treasury a franchise fund pilot, as authorized by section 403 of Public

Law 103–356 [set out below], to be available as provided

in such section for costs of capitalizing and operating

administrative services as the Secretary determines

may be performed more advantageously as central

services: Provided, That any inventories, equipment,

and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the

related liabilities or unpaid obligations, and any appropriations made prior to the current year for the purpose of providing capital shall be used to capitalize

such fund: Provided further, That such fund shall be paid

in advance from funds available to the Department and

other Federal agencies for which such centralized services are performed, at rates which will return in full all

expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of

automatic data processing (ADP) software and systems

(either acquired or donated) and an amount necessary

to maintain a reasonable operating reserve, as determined by the Secretary: Provided further, That such

fund shall provide services on a competitive basis: Provided further, That an amount not to exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each fiscal

year thereafter, to remain available until expended, to

be used for the acquisition of capital equipment, and

for the improvement and implementation of Department financial management, ADP, and other support

systems: Provided further, That no later than thirty

days after the end of each fiscal year amounts in excess

of this reserve limitation shall be transferred to the

Treasury: Provided further, That such franchise fund

pilot shall terminate pursuant to section 403(f) of Public Law 103–356.’’

DEPARTMENT OF THE TREASURY FRANCHISE FUND

PILOT

Pub. L. 104–208, div. A, title I, §101(f) [title I], Sept. 30,

1996, 110 Stat. 3009–314, 3009–316, provided in part that:

‘‘There is hereby established in the Treasury a franchise fund pilot, as authorized by section 403 of Public

Law 103–356 [set out below], to be available as provided

in such section for expenses and equipment necessary

for the maintenance and operation of such financial

and administrative support services as the Secretary

determines may be performed more advantageously as

central services: Provided, That any inventories, equipment, and other assets pertaining to the services to be