United States Code

(d) transfer of remaining moneys to general fund); section 972 for Presidential Election Campaign Fund Advisory Board ((a) establishment, functions, and duties; (b) membership, appointment, term, and selection of chairman; (c) compensation of members; (d) Board membership not to constitute service as United States officer or employee); and section 973 for authorization of appropriations. Subject matter is now covered by Subtitle H, Financing of Presidential Election Campaigns, chapter 95 (sections 9001 to 9013) and chapter 96 (section S021) of Title 26, Internal Revenue Code.

All intelligence, investigative, and law enforcement functions, vested by law in the Secretary of the Treasury, the Department of the Treasury, and any other officer or agency of the Department, relating to the suppression of illicit traffic in narcotics, dangerous drugs, or marihuana were transferred to the Attorney General, with the exception that the Secretary retain and continue to perform such functions to the extent that they relate to searches and seizures of illicit narcotics, dangerous drugs, or marihuana or to the apprehension or detention of persons in connection therewith at regular inspection locations at ports of entry or anywhere along the land or water borders of the United States, by 1973 Reorg. Plan No. 2, § 1, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5, Government Organization and Employees.

REORGANIZATION PLAN NO. 26 OF 1950

Eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, as amended by act June 5, 1952, ch. 369, ch. XI, § 1101, 66 Stat. 121; May 18, 1972, Pub. L. 92-302, § 1(d), 86 Stat. 149.

DEPARTMENT OF THE TREASURY

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§ 3. [Repealed. Pub. L. 92-302, § 1(d), May 18, 1972, 86 Stat. 149. Section provided for an Administrative Assistant Secretary of the Treasury, his duties and compensation.]

ABOLITION OF OFFICE OF ADMINISTRATIVE ASSISTANT SECRETARY; EFFECTIVE DATE

Abolition of the office of Administrative Assistant Secretary to take effect upon confirmation by the Senate of Presidential appointees to fill the successor positions created by Pub. L. 92-302, see section 3(b) of Pub. L. 92-302, set out as a note under section 1004 of this title.

§ 1002. General duties of Secretary of Treasury.

TRANSFER OF FUNCTIONS

§ 1004. Deputy Secretary, Under Secretary, and Under Secretary for Monetary Affairs; appointment and duties.

There shall be in the Department of the Treasury a Deputy Secretary, an Under Secretary, and an Under Secretary for Monetary Affairs, each to be appointed by the President, by and with the advice and consent of the Senate. They shall perform such duties in the Office of the Secretary as may be prescribed by the Secretary of the Treasury. The President may, in appointing the Under Secretary, designate him as "Counselor”. (As amended May 18, 1972, Pub. L. 92-302, § 1(a), 86 Stat. 148.)

AMENDMENTS

1972-Pub. L. 92-302 provided for the appointment of a Deputy Secretary and for the designation of the Under Secretary as "Counselor".

EFFECTIVE DATE OF 1972 AMENDMENT

Section 3 of Pub. L. 92-302 provided that:

"(a) Except as otherwise provided in this section, this Act [enacting section 1005a of this title, amending this section and sections 1005 and 1006 of this title and sections 5313-5316 of Title 5, Government Organization and Employees, enacting provisions set out as notes under this section, and amending notes set out under section 1001 of this title and in the Appendix to Title 5] shall take effect on its date of enactment [May 18, 1972].

"(b) Any officer holding an office when this Act takes effect [May 18, 1972] shall not be required to be reappointed to such office by reason of the enactment of this Act. Subsection (d) of the first section of this Act [repealing section 3 of Reorganization Plan No. 26 of 1950, set out as a note under section 1001 of this title and in the Appendix to Title 5] and subsection (d) of section 2 of this Act [striking out pars. (28) and (64) of section 5316 of Title 5] shall take effect upon confirmation by the Senate of Presidential appointees to fill the successor positions created by this Act.

"(c) Until January 21, 1973, no person within the Treasury Department who has been occupying a position under the Executive Schedule and who is hereafter appointed to a position created or authorized by this Act shall receive an increase in basic pay by virtue of such appointement."

§ 1005. Deputy Secretary of the Treasury; performance of duties of the Secretary of the Treasury. The Deputy Secretary of the Treasury, in case of the death, resignation, absence, or sickness of the Secretary of the Treasury, shall perform the duties of the Secretary until a successor is appointed or such absence or sickness shall cease. (As amended May 18, 1972, Pub. L. 92-302, § 1(a), 86 Stat. 149.)

AMENDMENTS 1972-Pub. L. 92-302 substituted "Deputy Secretary of the Treasury" for "Undersecretary of the Treasury".

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-302 effective May 18, 1972, see section 3 of Pub. L. 92-302, set out as a note under section 1004 of this title.

PAY INCREASE; EFFECTIVE DATE Persons occupying a position under the Executive Schedule on May 18, 1972, and later appointed to a posttion created or authorized by Pub. L. 92-302, not eligible to an increase in basic pay until Jan. 21, 1973, see section 3(c) of Pub. L. 92-302, set out as a note under section 1004 of this title.

SAVINGS PROVISION

Officers holding office on May 18, 1972, not required to be reappointed to such office by reason of the enactment of Pub. L. 92-302, see section 3(b) of Pub. L. 92-302, set out as a note under section 1004 of this title.

§ 1005a. Deputy Under Secretaries; appointment and duties.

There shall be in the Department of the Treasury two Deputy Under Secretaries who shall be appointed by the President, by and with the advice and consent of the Senate. They shall perform such duties in the Office of the Secretary as may be prescribed by the Secretary of the Treasury. The President may, in appointing any Deputy Under Secretary, designate him as "Assistant Secretary of the Treasury". Any person designated as Assistant Secretary of the Treasury under the preceding sentence shall not be taken into account in applying section 1006 of this title. (Pub. L. 92-302, § 1(b), May 18, 1972, 86 Stat. 149.)

EFFECTIVE DATE

Section effective May 18, 1972, see section 3 of Pub. L. 92-302, set out as a note under section 1004 of this title.

PAY INCREASE; EFFECTIVE DATE

Persons occupying a position under the Executive Schedule on May 18, 1972, and later appointed to a position created or authorized by Pub. L. 92-302, not eligible to an increase in basic pay until Jan. 21, 1973, see section 3(c) of Pub. L. 92-302, set out as a note under section 1004 of this title.

§ 1006. Assistant Secretaries of Treasury.

There shall be in the Department of the Treasury five Assistant Secretaries of the Treasury, who shall be appointed by the President, by and with the advice and consent of the Senate. (As amended May 18, 1972, Pub. L. 92-302, § 1 (c), 86 Stat. 149.)

AMENDMENTS

1972-Pub. L. 92-302 increased the number of Assistant Secretaries of the Treasury from four to five.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-302 effective May 18, 1972, see section 3 of Pub. L. 92-302, set out as a note under section 1004 of this title.

PAY INCREASE; EFFECTIVE Date

SAVINGS PROVISION

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1005a of this title.

SS 1012, 1013. Repealed. Pub. L. 92-310, title II, § 231(d), (e), June 6, 1972, 86 Stat. 209.

Section 1012, R.S. § 375, related to false reports of collectors with respect to bonds delivered for suit.

Section 1013. R.S. § 378, related to the report of the General Counsel for the Department of the Treasury to the officer from whom a bond was received.

§ 1014. Death, resignation or separation from office of Chief Disbursing Officer; accounts and payments; liability for acts of successor.

In case of the death or of the resignation or separation from office of the Chief Disbursing Officer or any regional disbursing officer of the Division of Disbursement, Treasury Department, the accounts of such Chief Disbursing Officer or regional disbursing officer may be continued and payments

made in his name by an Assistant Chief Disbursing Officer designated by the Secretary of the Treasury or by an assistant regional disbursing officer designated by the Secretary of the Treasury or designated by an official of the Treasury Department authorized by the Secretary of the Treasury to make such designation, for a period of time not to extend beyond the last day of the second month following the month in which such death, resignation, or separation shall occur. Such accounts and payments shall be allowed, audited, and settled in the General Accounting Office, and the checks signed in the name of the former Chief Disbursing Officer or regional disbursing officer shall be honored by the Treasurer of the United States, in the same manner as if the former Chief Disbursing Officer or regional disbursing officer had continued in office. The former Chief Disbursing Officer or regional disbursing officer, or his estate, shall not be subject to any legal liability or penalty for the official acts and defaults of the Assistant Chief Disbursing Officer or assistant regional disbursing officer acting in the name or in the place of the former Chief Disbursing Officer or regional disbursing officer under this section, but the Assistant Chief Disbursing Officer or the assistant regional disbursing officer shall be responsible therefor. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231(dd), 86 Stat. 213.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which related to the liability of the surety on the official bond of the former Chief Disbursing Officer or regional disbursing officer, and which related to bonds, and renewal of bonds, of the Acting Chief Disbursing Officer and acting regional disbursing officer.

§ 1015. Deputy disbursing clerk.

The deputy disbursing clerk of the Treasury Department shall have authority to sign checks in the name of the disbursing clerk; and when so acting for the disbursing clerk shall be subject to all the liabilities and penalties prescribed by law for the official misconduct in like cases of the disbursing clerk for whom he acts. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231(x), 86 Stat. 212.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which related to the bond of the deputy disbursing clerk, and which directed that the official bond of the disbursing clerk shall be made to cover and apply to the acts of the deputy disbursing clerk.

§ 1034. Smuggling of controlled substances; investigations; oaths; subpenas; witnesses; evidence; production of records; territorial limits; fees and mileage of witnesses.

For the purpose of any investigation which, in the opinion of the Secretary of the Treasury, is necessary and proper to the enforcement of section 545 of Title 18 (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 802 of Title 21), the Secretary of the Treasury may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of records (including books, papers, documents and tangible things which constitute or contain evidence) relevant or material to the investigation. The attendance

of witnesses and the production of records may be required from any place within the customs territory of the United States, except that a witness shall not be required to appear at any hearing distant more than 100 miles from the place where he was served with subpena. Witnesses summoned by the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Oaths and affirmations may be made at any place subject to the jurisdiction of the United States. (Aug. 11, 1955, ch. 800, § 1, 69 Stat. 684, amended Oct. 27, 1970. Pub. L. 91-513, title III, § 1102(t), 84 Stat. 1294.)

AMENDMENTS

1970-Pub. L. 91-513 substituted "section 545 of Title 18 (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 802 of Title 21)" for "the laws of the United States relating to narcotic drugs and marihuana" and substituted the customs territory of the United States for any State or any territory or other place subject to the jurisdiction of the United States is the defined area from within which the attendance of witnesses and the production of records may be required and struck out provisions making the discretion of the Secretary of the Treasury the determinative factor as to what is relevant or material to the investigation.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-513 effective on the first day of the seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91-513, set out as a note under section 951 of Title 21, Food and Drugs.

SAVINGS PROVISION

Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of amendment of this section by section 1102 of Pub. L. 91-513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91-513, set out as a note under former sections 171 to 174 of Title 21, Food and Drugs.

§ 1035. Same; service of subpena; proof of service.

A subpena of the Secretary of the Treasury may be served by any person designated in the subpena to serve it. Service upon a natural person may be made by personal delivery of the subpena to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpena to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpena entered on a true copy thereof by the person serving it shall be proof of service. (Aug. 11, 1955, ch. 800, § 2, 69 Stat. 685.)

§ 1036. Same; contempt proceedings.

In case of contumacy by, or refusal to obey a subpena issued to, any person, the Secretary of the Treasury may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or of which the subpenaed person is an inhabitant, carries on business or may be found, to compel compliance with the subpena of the Secretary of the Treasury. The court may issue an order requiring the subpenaed person to appear before the Secretary of the Treasury there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey the order of the court

Subchapter V of this chapter was enacted as a part of Pub. L. 93-110 and not as a part of the Currency and Foreign Transactions Reporting Act which is classified to subchapters I to IV of this chapter.

§ 1141. Congressional statement of findings. The Congress finds that

(1) movements of mobile capital can have a significant impact on the proper functioning of the international monetary system;

(2) it is important to have as complete and current data as feasible on the nature and source of these capital flows, including transactions by large United States business enterprises and their foreign affiliates;

(3) it is desirable to emphasize this objective by supplementing existing legal authority for the collection of data on capital flows contained in section 95a (b) of Title 12 and section 286f of Title 22.

(Pub. L. 93-110, title II, § 201, Sept. 21, 1973, 87 Stat 353.)

CODIFICATION

Section was not enacted as a part of Currency and Foreign Transactions Reporting Act which is classified to subchapters I to IV of this chapter.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1142 of this title § 1142. Regulations.

(a) General requirements.

The Secretary of the Treasury (hereafter referred as the "Secretary") is authorized and directed, under the authority of this subchapter and any other authority conferred by law, to supplement regulations requiring the submission of reports on foreign currency transactions consistent with the statement of findings under section 1141 of this title. Regulations prescribed under this subchapter shall require that I

such reports contain such information and be submitted in such manner and at such times, with reasonable exceptions and classifications, as may be necessary to carry out the policy of this subchapter

(b) Foreign currency transactions of United States person and controlled foreign person.

Reports required under this subchapter shall cover foreign currency transactions conducted by any United States person and by any foreign person controlled by a United States person as such terms are defined in section 78g(f) (2) (A) and 78g(f) (2) (C) of Title 15. (Pub. L. 93-110, title II, § 202, Sept. 21, 1973, 87 Stat. 353.)

CODIFICATION

Section was not enacted as a part of Currency and Foreign Transactions Reporting Act which is classified to subchapters I to IV of this chapter.

§ 1143. Enforcement.

(a) Penalty.

Whoever fails to submit a report required under any rule or regulation issued under this subchapter may be assessed a civil penalty not exceeding $10,000 in a proceeding brought under subsection (b) of this section.

(b) Injunction; jurisdiction; relief granted; bond; penalty.

Whenever it apepars to the Secretary that any person has failed to submit a report required under any rule or regulation issued under this subchapter or has violated any rule or regulation issued hereunder, the Secretary may in his discretion bring an action, in the proper district court of the United States or the proper United States court of any territory or other place subject to the jurisdiction of the United States, seeking a mandatory injunction commanding such person to comply with such rule or regulation, and upon a proper showing a permanent or temporary injunction or restraining order shall be granted without bond, and additionally the sanction provided for failure to submit a report under subsection (a) of this section. (Pub. L. 93-110, title II, § 203, Sept. 21, 1973, 87 Stat. 353.)

§ 1201. Elimination of surety bonds for civilian employees or military personnel; personal financial liability unaffected; definition.

(a) No agency of the Federal Government may require or obtain surety bonds for its civilian employees or military personnel in connection with the performance of their official duties.

(b) The personal financial liability to the Federal Government of such employees and personnel shall not be affected by reason of subsection (a) of this section.

(c) For the purposes of this chapter, the term "agency of the Federal Government" means any agency, department, or other entity of the legislative, executive, or judicial branch of the Government of the United States, and includes each entity listed as a "wholly owned Government corporation" in section 846 of this title. (Pub. L. 92-310, title I, § 101, June 6, 1972, 86 Stat. 201.)

GENERAL REPEAL OF LAWS PROVIDING FOR Bonds For FEDERAL PERSONNEL

Section 250 of Pub. L. 92-310 provided that: "All laws or parts of laws not amended or repealed by part 1, 2, or 3 of this title and providing for surety or fidelity bonds for civilian employees and military personnel of the Federal Government for the faithful performance of their duties are repealed."

Part 1, 2, or 3 of this title, referred to in section 250 of Pub. L. 92-310, amended sections 82c, 821, 95b, 103a, 103b, 144, 281, 480, 492-1, 494, 506, 510, 511, 512, 513, 516, 521, 528, 534, 535, 546, 550, 1014 and 1015 of this title, sections 64a, 75a, 123b, 136, 142a and 142b of Title 2, section 109 of Title 3, section 5512 of Title 5, section 6 of Title 6, section 1507 of Title 7, section 78 of Title 11, sections 3, 4 and 1723a of Title 12, sections 634 and 714h of Title 15, sections 831b and 831c of Title 16, sections 813, 1199 and 2199 of Title 22, sections 43, 165 and 166 of Title 24, sections 7, 53 and 66 of Title 25, sections 6803, 7101, 7103, 7402 and 7803 of Title 26, sections 566, 671, 674 and 954 of Title 28, section 708 of Title 32, section 984 of Title 33, section 4204 of Title 38, sections 301 and 308 of Title 44, section 16 of Title 47, section 1407c of Title 48, and section 6 of Title 50, Appendix, and repealed sections 110, 142, 270, 475, 481, 509, 533, 1012 and 1013 of this title, sections 65, 75 and 82 of Title 2, sections 1, 2, 3, 4, 5 and 14 of Title 6, section 2216 of Title 7, sections 4834 and 6026 of Title 10, section 204 of Title 17, sections 31 and 32 of Title 19, section 808 of Title 22, sections 51, 52 and 52a of Title 25, sections 564 and 952 of Title 28, and section 5 of Title 35.

§ 1202. Restorations and adjustments of accounts of accountable officers and agents for losses to United States; regulations.

(a) Whenever

(1) it is necessary to restore or otherwise adjust the account of any accountable officer or his agent for any loss to the United States due to the fault or negligence of such officer or agent, and (2) the head of the agency of the Federal Government concerned determines that the amount of the loss is uncollectable, such amount shall be charged to the appropriation or fund available for the expenses of the accountable function at the time the restoration or adjustment is made. Such restoration or adjustment shall not

affect the personal financial liability of such officer or agent on account of such loss.

(b) The restorations and adjustments provided for by subsection (a) of this section shall be made in accordance with regulations which the Comptroller General of the United States shall prescribe and issue. (Pub. L. 92-310, title I, § 102, June 6, 1972, 86 Stat. 201.)

§ 1203. Report to the Congress by Secretary of Treasury; information from agencies of executive branch.

(a) For each of the first five full fiscal years following June 6, 1972, the Secretary of the Treasury shall transmit to the Congress, on or before the 31st day of December first following the close of such fiscal year, a report of the experience of agencies of the executive branch under this Act in such form as may be necessary to enable the Congress to determine the results of operations under this Act.

(b) Each agency of the executive branch shall furnish to the Secretary of the Treasury such information as the Secretary may require to carry out the purposes of subsection (a) of this section. (Pub. L. 92-310, title I, § 103, June 6, 1972, 86 Stat. 201.)

REFERENCES IN TEXT

This Act, referred to in subsec. (a), means Pub. L. 92310, which enacted this chapter and section 497a of this title, amended sections 82c, 821, 95b, 103a, 103b, 144, 281, 480, 492-1, 494, 506, 510, 511, 512, 513, 516, 521, 528, 534, 535, 546, 550, 1014 and 1015 of this title, sections 64a, 75a, 123b, 136, 142a and 142b of Title 2, section 109 of Title 3, section 5512 of Title 5, section 6 of Title 6, section 1507 of Title 7, section 78 of Title 11, sections 3, 4 and 1723a of Title 12, sections 634 and 714h of Title 15, sections 831b and 831c of Title 16, sections 813, 1199 and 2199 of Title 22, sections 43, 165 and 166 of Title 24, sections 7, 53 and 66 of Title 25, sections 6803, 7101, 7103, 7402 and 7803 of Title 26, sections 566, 671, 674 and 954 of Title 28, section 708 of Title 32, section 984 of Title 33, section 4204 of Title 38, sections 301 and 308 of Title 44, section 16 of Title 47, section 1407c of Title 48, and section 6 of Title 50, Appendix, and repealed sections 110, 142, 270, 475, 481, 509, 533, 1012 and 1013 of this title, sections 65, 75 and 82 of Title 2, sections 1, 2, 3, 4, 5 and 14 of Title 6, section 2216 of Title 7, sections 4834 and 6026 of Title 10, section 204 of Title 17, sections 31 and 32 of Title 19, section 808 of Title 22, sections 51, 52 and 52a of Title 25, sections 564 and 952 of Title 28, and section 5 of Title 35, and enacted provisions set out as notes under this section and section 78 of Title 11, and amended section 121 of Title 2 of the Canal Zone Code.

§ 1204. Existing surety bonds and liabilities.

Each surety bond procured before June 6, 1972, for any of the civilian employees or military personnel of the Federal Government and in effect on such date shall remain in full force and effect for all periods provided in the bond subject to the cancellation and other provisions therein. Any change made by this Act in existing law shall not affect

(1) any liability of a surety to the Federal Government arising under the provisions of any such bond;

(2) any responsibility of a surety upon any such bond of a consular officer under former section 1199 of Title 22; or

(3) the jurisdiction of the United States district courts, concurrently with the courts of the several States, over any action brought on any

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