31 U.S.C. § 309 — Office of Thrift Supervision

Page 13 TITLE 31—MONEY AND FINANCE § 310 1 See References in Text note below. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. Executive Documents CHANGE OF NAME Bureau of Customs redesignated United States Cus- toms Service by Treasury Department Order 165–23, Apr. 4, 1973, eff. Aug. 1, 1973, 38 F.R. 13037. § 309. Office of Thrift Supervision The Office of Thrift Supervision established under section 3(a) 1 of the Home Owners’ Loan Act shall be an office in the Department of the Treasury. (Added Pub. L. 101–73, title III, § 307(a)(1), Aug. 9, 1989, 103 Stat. 352; amended Pub. L. 103–272, § 4(f)(1)(A), July 5, 1994, 108 Stat. 1361.) Editorial Notes REFERENCES IN TEXT Section 3(a) of the Home Owners’ Loan Act, referred to in text, which established the Office of Thrift Super- vision, was classified to section 1462a(a) of Title 12, Banks and Banking, and was struck out by Pub. L. 111–203, title III, § 369(3)(B), July 21, 2010, 124 Stat. 1558. PRIOR PROVISIONS A prior section 309 was renumbered section 315 of this title. AMENDMENTS 1994—Pub. L. 103–272 substituted ‘‘section 3(a)’’ for ‘‘section 2A(a)’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Office of Thrift Supervision abolished and functions transferred to the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency and the Comptroller of the Currency, and the Federal Deposit Insurance Corporation by sections 5412 and 5413 of Title 12, Banks and Banking. § 310. Financial Crimes Enforcement Network (a) IN GENERAL.—The Financial Crimes En- forcement Network established by order of the Secretary of the Treasury (Treasury Order Num- bered 105–08, in this section referred to as ‘‘FinCEN’’) on April 25, 1990, shall be a bureau in the Department of the Treasury. (b) DIRECTOR.— (1) APPOINTMENT.—The head of FinCEN shall be the Director, who shall be appointed by the Secretary of the Treasury. (2) DUTIES AND POWERS.—The duties and pow- ers of the Director are as follows: (A) Advise and make recommendations on matters relating to financial intelligence, fi- nancial criminal activities, and other finan- cial activities to the Under Secretary of the Treasury for Enforcement. (B) Maintain a government-wide data ac- cess service, with access, in accordance with applicable legal requirements, to the fol- lowing: (i) Information collected by the Depart- ment of the Treasury, including report in- formation filed under subchapter II of chapter 53 of this title (such as reports on cash transactions, foreign financial agency transactions and relationships, foreign currency transactions, exporting and im- porting monetary instruments, and sus- picious activities), chapter 2 of title I of Public Law 91–508, and section 21 of the Federal Deposit Insurance Act. (ii) Information regarding national and international currency flows. (iii) Other records and data maintained by other Federal, State, local, and foreign agencies, including financial and other records developed in specific cases. (iv) Other privately and publicly avail- able information. (C) Analyze and disseminate the available data in accordance with applicable legal re- quirements and policies and guidelines es- tablished by the Secretary of the Treasury and the Under Secretary of the Treasury for Enforcement to— (i) identify possible criminal activity to appropriate Federal, State, local, Tribal, and foreign law enforcement agencies; (ii) support ongoing criminal financial investigations and prosecutions and re- lated proceedings, including civil and criminal tax and forfeiture proceedings; (iii) identify possible instances of non- compliance with subchapter II of chapter 53 of this title, chapter 2 of title I of Public Law 91–508, and section 21 of the Federal Deposit Insurance Act to Federal agencies with statutory responsibility for enforcing compliance with such provisions and other appropriate Federal regulatory agencies; (iv) evaluate and recommend possible uses of special currency reporting require- ments under section 5326; (v) determine emerging trends and meth- ods in money laundering and other finan- cial crimes; (vi) support the conduct of intelligence or counterintelligence activities, including analysis, to protect against terrorism; and (vii) support government initiatives against money laundering. (D) Establish and maintain a financial crimes communications center to furnish law enforcement authorities with intel- ligence information related to emerging or ongoing investigations and undercover oper- ations. (E) Furnish research, analytical, and infor- mational services to financial institutions,