31-U.S.C.-329

§329 – Limitations On Outside Activities

Pathway

Title 31 > Subtitle I > Chapter 3 > Subchapter II > Section 329

Details

• Reference: Section 329
• Legend: §329 – Limitations On Outside Activities
• USCode Year: 2013

Provision Content

(a)(1) The Secretary of the Treasury and the Treasurer may not—

(A) be involved in trade or commerce;

(B) own any part of a vessel (except a pleasure vessel);

(C) buy or hold as a beneficiary in trust public property;

(D) be involved in buying or disposing of obligations of a State or the United States Government; and

(E) personally take or use a benefit gained from conducting business of the Department of the Treasury except as authorized by law.

(2) An officer violating this subsection shall be fined $3,000, removed from office, and thereafter may not hold an office of the Government.

(3) An individual (except prosecutors) giving information leading to the prosecution and conviction of an individual violating this subsection shall receive $1,500 of the fine when paid.

(b)(1) An officer or employee of the Department (except the Secretary or Treasurer) may not—

(A) carry on a trade or business in the funds, debts, or property of a State or the Government; and

(B) personally use a benefit gained from conducting business of the Department.

(2) An officer or employee violating this subsection shall be fined $500 and removed from office.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 884.)

In subsection (a)(1), before clause (A), the words The Secretary of the Treasury and the Treasurer may not are substituted for No person appointed to the office of Secretary of the Treasury, or Treasurer, shall because of the restatement and for consistency in the revised title. The words or First Comptroller (subsequently redesignated as the Comptroller of the Treasury by section 4 of the Act of July 31, 1894 (ch. 174, 28 Stat. 205)) and or First Auditor in section 243 of the Revised Statutes are omitted because the positions were abolished by sections 301 and 310 of the Act of June 10, 1921 (ch. 18, 42 Stat. 23, 25). The text of 31:163 is omitted because the position of Register was abolished by section 1(a) of Reorganization Plan No. 3 of 1940 (eff. June 30, 1940, 54 Stat. 1231). In clause (A), the words directly or indirectly are omitted as unnecessary. The words be involved are substituted for be concerned or interested in carrying on the business of to eliminate unnecessary words. In clause (B), the words any part of a are substituted for in whole or in part for consistency. The words (except a pleasure vessel) are added for consistency with 19:1599. In clause (C), the words buy or hold as beneficiary in trust are substituted for purchase by himself, or another in trust for him for clarity and consistency. The words public land are omitted as being included in public property. In clause (D), the words involved in buying or disposing of obligations are substituted for be concerned in the purchase or disposal of any public securities to eliminate unnecessary words and for consistency in the revised title. In clause (E), the words personally take or use a benefit gained from conducting business of the Department of the Treasury are substituted for take or apply to his own use any emolument or gain for negotiating or transacting any business in the Treasury Department to eliminate unnecessary words.

In subsection (a)(2), the words an officer are substituted for every person as being more precise. The word violating is substituted for who offends against any of the prohibitions of this section for clarity and to eliminate unnecessary words. The words shall be deemed guilty of a high misdemeanor are omitted because of 18:1. The word fined is substituted for forfeit to the United States the penalty for consistency and to eliminate unnecessary words. The words and shall upon conviction be are omitted as unnecessary.

In subsection (a)(3), the words giving information leading to the prosecution and conviction of an individual violating this subsection are substituted for shall give information of any such offense, upon which a prosecution and conviction shall be had for clarity. The words shall receive $1,500 of the fine when paid are substituted for one-half the aforesaid penalty of three thousand dollars, when recovered, shall be for the use of the person giving such information to eliminate unnecessary words.

In subsection (b)(1), before clause (A), the words An officer or employee of the Department (except the Secretary or Treasurer) are substituted for Every clerk employed in the Treasury Department because of the restatement and for consistency with subsection (a) of the section. In clause (A), the words in any kind of public are omitted as unnecessary. In clause (B), the words personally use a benefit gained are substituted for who takes or applies to his own use any emolument or gain to eliminate unnecessary words. The word conducting is substituted for negotiating or transacting for consistency. The words shall be deemed guilty of a misdemeanor are omitted because of 18:1.

In subsection (b)(2), the words An officer or employee violating this subsection are added because of the restatement. The word punished is omitted as unnecessary.

U.S. Encyclopedia of Law Coverage

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31-U.S.C.-328 in the Legal Encyclopedia: Department of the Treasury

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