§ 321. — General authority of the Secretary.
Code Resources
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC321]
TITLE 31--MONEY AND FINANCE
SUBTITLE I--GENERAL
CHAPTER 3--DEPARTMENT OF THE TREASURY
SUBCHAPTER II--ADMINISTRATIVE
Sec. 321. General authority of the Secretary
(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.
(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.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
321(a)(1)- (3)....................... 31:1002(less words between 1st R.S. Sec. 248(less words between 4th and
and 2d semicolons and between 5th semicolons).
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)(2), (3)....................... 31:1001(note). Reorg. Plan No. 26 of 1950, 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).
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.
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.''