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31 U.S.C. § 312 — Terrorism and financial intelligence

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 312 — Terrorism and financial intelligence

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Source file: Laws/federal/codes/united-states-code/title-31/section-312-terrorism-and-financial-intelligence--3e37c430b8.md
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Source location: Title 31, Chapter 3, § 312; chapter-003-department-of-the-treasury.md

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**(a) Office of Terrorism and Financial Intelligence.—** (1) **Establishment.—** — There is established within the Department of the Treasury the Office of Terrorism and Financial Intelligence (in this section referred to as “OTFI”), which shall be the successor to any such office in existence on the date of enactment of this section. (2) **Leadership.—** (A) *Undersecretary.—* — There is established within the Department of the Treasury, the Office of the Undersecretary for Terrorism and Financial Crimes, who shall serve as the head of the OTFI, and shall report to the Secretary of the Treasury through the Deputy Secretary of the Treasury. The Office of the Undersecretary for Terrorism and Financial Crimes shall be the successor to the Office of the Undersecretary for Enforcement. (B) *Appointment.—* — The Undersecretary for Terrorism and Financial Crimes shall be appointed by the President, by and with the advice and consent of the Senate. (3) **Assistant secretary for terrorist financing.—** (A) *Establishment.—* — There is established within the OTFI the position of Assistant Secretary for Terrorist Financing. (B) *Appointment.—* — The Assistant Secretary for Terrorist Financing shall be appointed by the President, by and with the advice and consent of the Senate. (C) *Duties.—* — The Assistant Secretary for Terrorist Financing shall be responsible for formulating and coordinating the counter terrorist financing and anti-money laundering efforts of the Department of the Treasury, and shall report directly to the Undersecretary for Terrorism and Financial Crimes. (4) **Functions.—** — The functions of the OTFI include providing policy, strategic, and operational direction to the Department on issues relating to— (A) implementation of titles I and II of the Bank Secrecy Act; (B) United States economic sanctions programs; (C) combating terrorist financing; (D) combating financial crimes, including money laundering, counterfeiting, and other offenses threatening the integrity of the banking and financial systems; (E) combating illicit financing relating to human trafficking; (F) other enforcement matters; (G) those intelligence analysis and coordination functions described in subsection (b); and (H) the security functions and programs of the Department of the Treasury. (5) **Reports to congress on proposed measures.—** — The Undersecretary for Terrorism and Financial Crimes and the Assistant Secretary for Terrorist Financing shall report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives not later than 72 hours after proposing by rule, regulation, order, or otherwise, any measure to reorganize the structure of the Department for combatting money laundering and terrorist financing, before any such proposal becomes effective. (6) **Other offices within otfi.—** — Notwithstanding any other provision of law, the following offices of the Department of the Treasury shall be within the OTFI: (A) The Office of the Assistant Secretary for Intelligence and Analysis, which shall report directly to the Undersecretary for Terrorism and Financial Crimes. (B) The Office of the Assistant Secretary for Terrorist Financing, which shall report directly to the Undersecretary for Terrorism and Financial Crimes. (C) The Office of Foreign Assets Control (in this section referred to as the “OFAC”), which shall report directly to the Undersecretary for Terrorism and Financial Crimes. (D) The Executive Office for Asset Forfeiture, which shall report to the Undersecretary for Terrorism and Financial Crimes. (E) The Office of Intelligence and Analysis (in this section referred to as the “OIA”), which shall report to the Assistant Secretary for Intelligence and Analysis. (F) The Office of Terrorist Financing, which shall report to the Assistant Secretary for Terrorist Financing. (7) **FinCEN.—** (A) *Reporting to undersecretary.—* — The Financial Crimes Enforcement Network (in this section referred to as “FinCEN”), a bureau of the Department of the Treasury, shall report to the Undersecretary for Terrorism and Financial Crimes. The Undersecretary for Terrorism and Financial Crimes may not redelegate its reporting authority over FinCEN. (B) *Office of compliance.—* — There is established within FinCEN, an Office of Compliance. (8) **Interagency coordination.—** — The Secretary of the Treasury, after consultation with the Undersecretary for Terrorism and Financial Crimes, shall designate an office within the OTFI that shall coordinate efforts to combat the illicit financing of human trafficking with— (A) other offices of the Department of the Treasury; (B) other Federal agencies, including— (i) the Office to Monitor and Combat Trafficking in Persons of the Department of State; and (ii) the Interagency Task Force to Monitor and Combat Trafficking; (C) State and local law enforcement agencies; and (D) foreign governments. **(b) Office of Intelligence and Analysis.—** (1) **Assistant secretary for intelligence and analysis.—** — The Assistant Secretary for Intelligence and Analysis shall head the OIA. (2) **Responsibilities.—** — The OIA shall be responsible for the receipt, analysis, collation, and dissemination of intelligence and counterintelligence information related to the operations and responsibilities of the entire Department of the Treasury, including all components and bureaus of the Department. (3) **Primary functions.—** — The primary functions of the OIA are— (A) to build a robust analytical capability on terrorist finance by coordinating and overseeing work involving intelligence analysts in all components of the Department of the Treasury, focusing on the highest priorities of the Department, as well as ensuring that the existing intelligence needs of the OFAC and FinCEN are met; and (B) to provide intelligence support to senior officials of the Department on a wide range of international economic and other relevant issues. (4) **Other functions and duties.—** — The OIA shall— (A) carry out the intelligence support functions that are assigned, to the Office of Intelligence Support under section 311 (pursuant to section 105 of the Intelligence Authorization Act for Fiscal Year 2004); (B) serve in a liaison capacity with the intelligence community; and (C) represent the Department in various intelligence related activities. (5) **Duties of the assistant secretary.—** — The Assistant Secretary for Intelligence and Analysis shall serve as the Senior Officer Intelligence Community, and shall represent the Department in intelligence community fora, including the National Foreign Intelligence Board committees and the Intelligence Community Management Staff. **(c) Delegation.—** To the extent that any authorities, powers, and responsibilities over enforcement matters delegated to the Undersecretary for Terrorism and Financial Crimes, or the positions of Assistant Secretary for Terrorism and Financial Crimes, Assistant Secretary for Enforcement and Operations, or Deputy Assistant Secretary for Terrorist Financing and Financial Crimes, have not been transferred to the Department of Homeland Security, the Department of Justice, or the Assistant Secretary for Tax Policy (related to the customs revenue functions of the Bureau of Alcohol and Tobacco Tax and Trade), those remaining authorities, powers, and responsibilities are delegated to the Undersecretary for Terrorism and Financial Crimes. **(d) Designation as Enforcement Organization.—** The Office of Terrorism and Financial Intelligence (including any components thereof) is designated as a law enforcement organization of the Department of the Treasury for purposes of [section 9705 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9705&num=0&edition=prelim), United States Code, and other relevant authorities. **(e) Use of Existing Resources.—** The Secretary may employ personnel, facilities, and other Department of the Treasury resources available to the Secretary on the date of enactment of this section in carrying out this section, except as otherwise prohibited by law. **(f) References.—** References in this section to the “Secretary”, “Undersecretary”, “Deputy Secretary”, “Deputy Assistant Secretary”, “Office”, “Assistant Secretary”, and “Department” are references to positions and offices of the Department of the Treasury, unless otherwise specified. **(g) Special Hiring Authority.—** (1) **In general.—** — The Secretary of the Treasury may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, candidates directly to positions in the competitive service, as defined in section 2102 of that title, in the OTFI. (2) **Primary responsibilities.—** — The primary responsibility of candidates appointed under paragraph (1) shall be to provide substantive support in support of the duties described in subparagraphs (A) through (G) of subsection (a)(4). **(h) Deployment of Staff.—** The Secretary of the Treasury may detail, without regard to the provisions of section 300.301 of title 5, Code of Federal Regulations, any employee in the OTFI to any position in the OTFI for which the Secretary has determined there is a need.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5301 — Regulations

**(a) In general** The Secretary is authorized to promulgate regulations to implement and administer the grant programs and undertakings authorized by this subchapter. **(b) Regulatory authority** Regulations prescribed under this section may contain such classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for any class of grant programs, undertakings, or eligible entities, as, in the judgment of the Secretary, are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion of this subchapter, or to facilitate compliance with this subchapter.

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12 U.S.C. § 1951 — Congressional findings and declaration of purpose

**(a)** The Congress finds that certain records maintained by businesses engaged in the functions described in [section 1953(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1953/b&num=0&edition=prelim) have a high degree of usefulness in criminal, tax, and regulatory investigations and proceedings. The Congress further finds that the power to require reports of changes in the ownership, control, and managements of types of financial institutions referred to in [section 1952 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1952&num=0&edition=prelim) may be necessary for the same purpose. **(b)** It is the purpose of this chapter to require the maintenance of appropriate types of records and the making of appropriate reports by such businesses in the United States where such records or reports have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 9705 — Department of the Treasury Forfeiture Fund

**(a) In General.—** There is established in the Treasury of the United States a fund to be known as the “Department of the Treasury Forfeiture Fund” (referred to in this section as the “Fund”). The Fund shall be available to the Secretary, without fiscal year limitation, with respect to seizures and forfeitures made pursuant to any law (other than section 7301 or 7302 of the Internal Revenue Code of 1986) enforced or administered by a Department of the Treasury law enforcement organization for the following law enforcement purposes: (1) (A) Payment of all proper expenses of seizure (including investigative costs incurred by a Department of the Treasury law enforcement organization leading to seizure) or the proceedings of forfeiture and sale, including the expenses of detention, inventory, security, maintenance, advertisement, or disposal of the property, and if condemned by a court and a bond for such costs was not given, the costs as taxed by the court. (B) Payment for— (i) contract services; (ii) the employment of outside contractors to operate and manage properties or to provide other specialized services necessary to dispose of such properties in an effort to maximize the return from such properties; and (iii) reimbursing any Federal, State, or local agency for any expenditures made to perform the functions described in this subparagraph. (C) Awards of compensation to informers under section 619 of the Tariff Act of 1930 ([19 U.S.C. 1619](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1619&num=0&edition=prelim)). (D) Satisfaction of— (i) liens for freight, charges, and contributions in general average, notice of which has been filed with the appropriate Customs officer according to law; and (ii) su

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31 U.S.C. § 315 — Continuing in office

When the term of office of an officer of the Department of the Treasury ends, the officer may continue to serve until a successor is appointed and qualified.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3001 — Requirement to buy certain satellite component from American sources

**(a) Definitions** In this section: (1) **Covered element of the intelligence community** — The term “covered element of the intelligence community” means an element of the intelligence community that is not an element of the Department of Defense. (2) **National security satellite** — The term “national security satellite” means a satellite weighing over 400 pounds whose principle purpose is to support the national security or intelligence needs of the United States Government. (3) **United States** — The term “United States” means the several States, the District of Columbia, and the territories and possessions of the United States. **(b) Requirement** Beginning January 1, 2021, except as provided in subsection (c), a covered element of the intelligence community may not award a contract for a national security satellite if the satellite uses a star tracker that is not produced in the United States, including with respect to both the software and the hardware of the star tracker. **(c) Exception** The head of a covered element of the intelligence community may waive the requirement under subsection (b) if, on a case-by-case basis, the head certifies in writing to the congressional intelligence committees that— (1) there is no available star tracker produced in the United States that meets the mission and design requirements of the national security satellite for which the star tracker will be used; (2) the cost of a star tracker produced in the United States is unreasonable, based on a market survey; or (3) such waiver is necessary for the national security interests of the United States based on an urgent and compelling need.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 313 — Federal Insurance Office

**(a) Establishment.—** There is established within the Department of the Treasury the Federal Insurance Office. **(b) Leadership.—** The Office shall be headed by a Director, who shall be appointed by the Secretary of the Treasury. The position of Director shall be a career reserved position in the Senior Executive Service, as that position is defined under [section 3132 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132&num=0&edition=prelim), United States Code. **(c) Functions.—** (1) **Authority pursuant to direction of secretary.—** — The Office, pursuant to the direction of the Secretary, shall have the authority— (A) to monitor all aspects of the insurance industry, including identifying issues or gaps in the regulation of insurers that could contribute to a systemic crisis in the insurance industry or the United States financial system; (B) to monitor the extent to which traditionally underserved communities and consumers, minorities (as such term is defined in section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ([12 U.S.C. 1811](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1811&num=0&edition=prelim) note)), and low- and moderate-income persons have access to affordable insurance products regarding all lines of insurance, except health insurance; (C) to recommend to the Financial Stability Oversight Council that it designate an insurer, including the affiliates of such insurer, as an entity subject to regulation as a nonbank financial company supervised by the Board of Governors pursuant to title I of the Dodd-Frank Wall Street Reform and Consumer Protection Act; (D) to assist the Secretary in administering the Terrorism Insurance Progra

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 311 — Office of Intelligence and Analysis

**(a) Establishment.—** There is established within the Department of the Treasury, the Office of Intelligence and Analysis (in this section referred to as the “Office”), which shall— (1) be within the Office of Terrorism and Financial Intelligence; (2) be responsible for the receipt, analysis, collation, and dissemination of foreign intelligence and foreign counterintelligence information (within the meaning of section 3 of the National Security Act of 1947 ([50 U.S.C. 401a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section401a&num=0&edition=prelim))) 11 See References in Text note below. related to the operation and responsibilities of the Department of the Treasury; and (3) have such other related duties and authorities as may be assigned to it by the Secretary, subject to the authority, direction, and control of the Secretary. **(b) Assistant Secretary for Intelligence and Analysis.—** The Office shall be headed by an Assistant Secretary, who shall be appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretary shall report directly to the Undersecretary of the Treasury for Terrorism and Financial Crimes.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7101 — Purposes and findings

**(a) Purposes** The purposes of this chapter are to combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect their victims. **(b) Findings** Congress finds that: (1) As the 21st century begins, the degrading institution of slavery continues throughout the world. Trafficking in persons is a modern form of slavery, and it is the largest manifestation of slavery today. At least 700,000 persons annually, primarily women and children, are trafficked within or across international borders. Approximately 50,000 women and children are trafficked into the United States each year. (2) Many of these persons are trafficked into the international sex trade, often by force, fraud, or coercion. The sex industry has rapidly expanded over the past several decades. It involves sexual exploitation of persons, predominantly women and girls, involving activities related to prostitution, pornography, sex tourism, and other commercial sexual services. The low status of women in many parts of the world has contributed to a burgeoning of the trafficking industry. (3) Trafficking in persons is not limited to the sex industry. This growing transnational crime also includes forced labor and involves significant violations of labor, public health, and human rights standards worldwide. (4) Traffickers primarily target women and girls, who are disproportionately affected by poverty, the lack of access to education, chronic unemployment, discrimination, and the lack of economic opportunities in countries of origin. Traffickers lure women and girls into their networks through false promises of decent working conditions at relatively good pay as nannies, maids, d

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22 U.S.C. § 9211 — Findings; purposes

**(a) Findings** Congress finds the following: (1) The Government of North Korea— (A) has repeatedly violated its commitments to the complete, verifiable, and irreversible dismantlement of its nuclear weapons programs; and (B) has willfully violated multiple United Nations Security Council resolutions calling for North Korea to cease development, testing, and production of weapons of mass destruction. (2) Based on its past actions, including the transfer of sensitive nuclear and missile technology to state sponsors of terrorism, North Korea poses a grave risk for the proliferation of nuclear weapons and other weapons of mass destruction. (3) The Government of North Korea has been implicated repeatedly in money laundering and other illicit activities, including— (A) prohibited arms sales; (B) narcotics trafficking; (C) the counterfeiting of United States currency; (D) significant activities undermining cybersecurity; and (E) the counterfeiting of intellectual property of United States persons. (4) North Korea has— (A) unilaterally withdrawn from the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the “Korean War Armistice Agreement”); and (B) committed provocations against South Korea— (i) by sinking the warship Cheonan and killing 46 of her crew on March 26, 2010; (ii) by shelling Yeonpyeong Island and killing 4 South Korean civilians on November 23, 2010; (iii) by its involvement in the “DarkSeoul” cyberattacks against the financial and communications interests of South Korea on March 20, 2013; and (iv) by planting land mines near a guard post in the South Korean portion of the demilitarized zone that maimed 2 South Korean soldiers on August 4, 2015. (5) N

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 312 — Terrorism and financial intelligence

Page 20 TITLE 31—MONEY AND FINANCE § 312 Subsec. (b). Pub. L. 108–447, § 222(b)(1)(B), substituted ‘‘Terrorism and Financial Crimes’’ for ‘‘Enforcement’’. Statutory Notes and Related Subsidiaries CONSTRUCTION Pub. L. 108–177, title I, § 105(b), Dec. 13, 2003, 117 Stat. 2603, as amended by Pub. L. 111–259, title VIII, § 808, Oct. 7, 2010, 124 Stat. 2749, provided that: ‘‘Nothing in sec- tion 311 of title 31, United States Code (as amended by subsection (a)), or in section 313 of such title, shall be construed to alter the authorities and responsibilities of the Director of National Intelligence with respect to the Office of Intelligence and Analysis of the Depart- ment of the Treasury as an element of the intelligence community.’’ PILOT PROGRAM ON RECRUITMENT AND RETENTION IN OFFICE OF INTELLIGENCE AND ANALYSIS OF THE DE- PARTMENT OF THE TREASURY Pub. L. 117–103, div. X, title IV, § 416, Mar. 15, 2022, 136 Stat. 979, provided that: ‘‘(a) PILOT PROGRAM REQUIRED.—The Assistant Sec- retary for Intelligence and Analysis of the Department of the Treasury shall carry out a pilot program to as- sess the feasibility and advisability of using adjust- ments of rates of pay to recruit and retain staff for high-demand positions in the Office of Intelligence and Analysis of the Department of the Treasury. ‘‘(b) DURATION.—The Assistant Secretary shall carry out the pilot program required by subsection (a) during the 4-year period beginning on the date of the enact- ment of this Act [Mar. 15, 2022]. ‘‘(c) ADDITIONAL PAY.—Under the pilot program re- quired by subsection (a), the Assistant Secretary shall, notwithstanding any provision of title 5, United States Code, governing the rates of pay or classification of employees in the executive branch, prescribe the r

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