31 U.S.C. § 333 — Prohibition of misuse of Department of the

Page 39 TITLE 31—MONEY AND FINANCE § 333 (ii) manage, maintain, repair, improve, and insure by purchase of commercial insur- ance policies properties referred to in clause (i), and (B) when appropriate, dispose of (by sale, rent, transfer, or otherwise) properties re- ferred to in subparagraph (A)(i). (Added Pub. L. 98–302, § 3(a), May 25, 1984, 98 Stat. 217.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Federal Law Enforcement Training Cen- ter of the Department of the Treasury to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 203(4), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. 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 Organi- zation 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 advertise- ment, solicitation, business activity, or product, whether alone or with other words, letters, sym- bols, 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 Depart- ment 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 re- ferred 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 inter- preted or construed as conveying the false im- pression 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 Treas- ury or any entity referred to in paragraph (1) or any officer or employee thereof. (b) TREATMENT OF DISCLAIMERS.—Any deter- mination of whether a person has violated the provisions of subsection (a) shall be made with- out regard to any use of a disclaimer of affili- ation with the United States Government or any particular agency or instrumentality thereof. (c) CIVIL PENALTY.— (1) IN GENERAL.—The Secretary of the Treas- ury 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 re- cover any penalty imposed under this sub- section 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 in- stituted 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 vio- lation. (Added Pub. L. 103–296, title III, § 312(l)(1), Aug. 15, 1994, 108 Stat. 1528.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–296, title III, § 312(m), Aug. 15, 1994, 108 Stat. 1530, 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) [en- acting 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 sub- Page 40 TITLE 31—MONEY AND FINANCE § 501 section (l) [enacting this section] shall apply with re- spect to violations occurring after such date.’’ REPORT ON IMPLEMENTATION OF SECTION Pub. L. 103–296, title III, § 312(l)(3), Aug. 15, 1994, 108 Stat. 1530, required the Secretary of the Treasury to submit a report to Congress by May 1, 1996, on the im- plementation of the amendments made by section 312 of Pub. L. 103–296 (enacting this section and amending section 1320b–10 of Title 42), with such report to include the number of cases in which the Secretary has notified persons of violations of this section, the number of prosecutions commenced under such section, and the total amount of the penalties collected in such prosecu- tions. 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 Manage- ment. 504. Office of Federal Financial Management. 505. Office of Information and Regulatory Affairs. 506. Office of Federal Procurement Policy. 507. Office of Electronic Government. SUBCHAPTER II—ADMINISTRATIVE 521. Employees. 522. Necessary expenditures. Editorial Notes AMENDMENTS 2002—Pub. L. 107–347, title I, § 102(c)(2), Dec. 17, 2002, 116 Stat. 2910, added item 507. 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 of- fice 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; re- stated Mar. 2, 1974, Pub. L. 93–250, § 1, 88 Stat. 11. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–264, § 1, Dec. 14, 2016, 130 Stat. 1371, pro- vided that: ‘‘This Act [enacting section 1126 of this title, amending section 503 of this title, and enacting provisions set out as notes under sections 503 and 1126 of this title] may be cited as the ‘Program Management Improvement Accountability Act’.’’ 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, enact- ing provisions set out as notes under this section and sections 901, 3511, 3515, and 3521 of this title, and amend- ing 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 trans- ferred pursuant to this section, as in effect imme- diately 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.’’ DISASTER RESILIENCY PLANNING Pub. L. 117–221, Dec. 5, 2022, 136 Stat. 2277, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Disaster Resiliency Planning Act’. ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and ‘‘(B) the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives. ‘‘(2) AGENCY.—The term ‘agency’ has the meaning given the term in section 306 of title 5, United States Code. ‘‘(3) DIRECTOR.—The term ‘Director’ means the Di- rector of the Office of Management and Budget. ‘‘(4) REAL PROPERTY.—The term ‘real property’ has the meaning given the term in section 1.856–10 of title 26, Code of Federal Regulations, or any successor thereto. ‘‘SEC. 3. GUIDANCE. ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Dec. 5, 2022], the Direc- tor shall establish guidance requiring the head of each agency to incorporate natural disaster resilience into real property asset management and investment deci- sions made by the agency. ‘‘(b) CONTENTS.—The guidance required under sub- section (a) shall direct each head of an agency to incor- porate assessments of natural disaster risk information conducted by the agency, such as from vulnerability and other risk assessments, into real property asset management investment decisions made by the agency. ‘‘(c) MODIFICATION.—The Director may periodically update the guidance required under subsection (a) as the Director may determine necessary for the purpose of further enhancing natural disaster resilience. ‘‘(d) CONSULTATION.—In developing the guidance re- quired under subsection (a), the Director may consult with appropriate entities, including— ‘‘(1) the Comptroller General of the United States; ‘‘(2) the Administrator of the Federal Emergency Management Agency; and ‘‘(3) any other relevant entities, as determined by the Director. ‘‘(e) REPORT.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Director shall sub- mit to the appropriate congressional committees a report that describes the guidance required under subsection (a).