Notes on 31 U.S.C. § 301 : US Code - Notes

Search Notes on 31 U.S.C. § 301 : US Code - Notes

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 878; Pub. L. 98-594, Sec.
1(a), Oct. 30, 1984, 98 Stat. 3129; Pub. L. 99-190, Sec. 141, Dec.
19, 1985, 99 Stat. 1324; Pub. L. 103-211, title II, Sec. 2003(a),
Feb. 12, 1994, 108 Stat. 24; Pub. L. 108-177, title I, Sec.
105(d)(2), Dec. 13, 2003, 117 Stat. 2603.)
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
301(a) 31:1001(words R.S. Sec. 233.
before 1st comma).
301(b) 31:1001(words after
1st comma).
301(c) 31:1004(related to Feb. 17, 1922, ch. 55(related
Deputy Secretary). to appointment and duties of
Deputy and Under Secretaries),
42 Stat. 366; July 22, 1954,
ch. 557, Sec. 3, 68 Stat. 496;
restated May 18, 1972, Pub. L.
92-302, Sec. 1(a), 86 Stat.
148.
Jan. 3, 1923, ch. 22(related
to appointment and duties of
Deputy and Under Secretaries),
42 Stat. 1087.
Apr. 4, 1924, ch. 84(related
to appointment and duties of
Deputy and Under Secretaries),
43 Stat. 64.
31:1005. Feb. 17, 1922, ch. 55(related
to vacancy in office of
Secretary of the Treasury), 42
Stat. 366; restated May 18,
1972, Pub. L. 92-302, Sec.
1(a), 86 Stat. 149.
Jan. 3, 1923, ch. 22(related
to vacancy in office of
Secretary of the Treasury), 42
Stat. 1087.
Apr. 4, 1924, ch. 84(related
to vacancy in office of
Secretary of the Treasury), 43
Stat. 64.
301(d) 31:141. R.S. Sec. 301.
31:1004(related to
Under Secretaries).
31:1005a(1st-3d May 18, 1972, Pub. L. 92-302,
sentences). Sec. 1(b), 86 Stat. 149.
5 App. Reorg. Plan No. 3 of 1940,
eff. June 30, 1940, Sec.
1(a)(7)(1st sentence), 54
Stat. 1231.
301(e) 31:1005a(last
sentence).
31:1006. R.S. Sec. 234; July 11, 1890,
ch. 667, Sec. 1(1st par. under
heading "Treasury
Department"), 26 Stat. 236;
Mar. 3, 1917, ch. 163, Sec.
1(1st par. under heading
"Treasury Department"), 39
Stat. 1083; Reorg. Plan No. 3
of 1940, eff. June 30, 1940,
Sec. 1(d), 54 Stat. 1232;
restated July 22, 1954, ch.
557, Sec. 4, 68 Stat. 496;
July 8, 1963, Pub. L. 88-58,
77 Stat. 76; May 18, 1972,
Pub. L. 92-302, Sec. 1(c), 86
Stat. 149.
31:1007. R.S. Sec. 245.
301(f)(1) 26:7801(b)(1), Aug. 16, 1954, ch. 736, Sec.
(2)(last sentence), 7801(b), 68A Stat. 915;
(3). restated Sept. 22, 1959, Pub.
L. 86-368, Sec. 1, 73 Stat.
647; Aug. 14, 1964, Pub. L.
88-426, Sec. 305(39), 78 Stat.
427; Oct. 4, 1976, Pub. L.
94-455, Sec. 1906(b)(13)(B),
90 Stat. 1834.
31:1009. May 10, 1934, ch. 277, Sec.
512(a), (c), 48 Stat. 758, 759.
301(f)(2) 26:7801(b)(2)(1st,
2d sentences).
301(g) 31:1010(related to R.S. Sec. 372(related to
seal). seal); May 10, 1934, ch. 277,
Sec. 512(b), 48 Stat. 759.
--------------------------------------------------------------------
In subsection (a), the words "of the United States Government"
are added for clarity.
In subsection (b), the words "The Secretary is appointed by the
President, by and with the advice and consent of the Senate" are
added to conform with clause 2, section 2, of article II of the
Constitution.
In subsection (c), the words "carry out" and "duties and powers"
are substituted for "perform" and "duties", respectively, for
consistency in the revised title and with other titles of the
United States Code. In clause (1), the words "in the Office of the
Secretary" in 31:1004 are omitted as unnecessary because of the
restatement and for consistency. Clause (2) is substituted for
31:1005 to eliminate unnecessary words and for consistency with
other titles of the Code.
In subsection (d), the words "in accordance with the civil-
service laws" in section 1(a)(7)(1st sentence) of Reorganization
Plan No. 3 of 1940 (eff. June 30, 1940, 54 Stat. 1232) are omitted
as unnecessary because of title 5. The words "and shall receive a
salary at the rate of $15,000 per annum" are omitted as superseded
by 5:5316. The words "carry out" and "duties and powers" are
substituted for "perform" and "duties", respectively, in 31:1004
and 1005a for consistency in the revised title and with other
titles of the Code. The words "in the Office of the Secretary" in
31:1004 are omitted as unnecessary because of the restatement and
for consistency. The words "of the Treasury" in 31:1005a are
omitted for consistency with other titles of the Code and as being
unnecessary.
In subsection (e), the words "of the Treasury" in 31:1006 and
1007 are omitted for consistency with other titles of the Code and
as being unnecessary. The words "examine letters, contracts, and
warrants prepared for the signature of the Secretary of the
Treasury" and "by law" in 31:1007 are omitted as superseded by the
source provisions restated in section 321 of the revised title. The
words "carry out" and "duties and powers" are substituted for
"perform" and "duties", respectively, for consistency in the
revised title and with other titles of the Code.
In subsection (f), the words "carry out" and "duties and powers"
are substituted for "perform" and "duties", respectively, for
consistency in the revised title and with other titles of the Code.
The text of 26:7801(b)(3) is omitted as unnecessary because of
5:3101. The words "is absent or unable to serve or when the office
of General Counsel is vacant" are substituted for "during the
absence of" for clarity and consistency. The text of 31:1009(less
(a)(6th sentence)) is omitted as superseded by 26:7801(b) as
restated in this subsection.
In subsection (f)(1), the words "governing appointment in the
competitive service" are substituted for "civil service laws" to
conform to 5:2102.
In subsection (g), the words "The General Counsel . . . shall
have charge" are omitted as superseded by the source provisions
restated in subsection (b) of this section and section 321(c) of
the revised title.
REFERENCES IN TEXT
The provisions of title 5 governing appointment in the
competitive service, referred to in subsec. (f)(1), are classified
generally to section 3301 et seq. of Title 5, Government
Organization and Employees.
AMENDMENTS
2003 - Subsec. (e). Pub. L. 108-177 substituted "8" for "7".
1994 - Subsec. (d). Pub. L. 103-211 inserted "an Under Secretary
for Enforcement," after "2 Under Secretaries,".
1985 - Subsec. (d). Pub. L. 99-190 substituted "2 Under
Secretaries" for "an Under Secretary, an Under Secretary for
Monetary Affairs" and "The President may designate one Under
Secretary as Counselor" for "When appointing the Under Secretary,
the President may designate the Under Secretary as Counselor".
1984 - Subsec. (e). Pub. L. 98-594 substituted "7" for "5".
ORDER OF SUCCESSION
For order of succession during any period when both Secretary and
Deputy Secretary of the Treasury are unable to perform functions
and duties of office of Secretary, see Ex. Ord. No. 13246, Dec. 18,
2001, 66 F.R. 66270, set out as a note under section 3345 of Title
5, Government Organization and Employees.
OFFICE OF SECRETARY OF THE TREASURY; COMPENSATION
Pub. L. 105-61, title I, Sec. 116, Oct. 10, 1997, 111 Stat. 1284,
provided that:
"(a)(1) Effective beginning on the date determined under
paragraph (2), the compensation and other emoluments attached to
the Office of Secretary of the Treasury shall be those that would
then apply if Public Law 103-2 (107 Stat. 4; 31 U.S.C. 301 note)
had never been enacted.
"(2) Paragraph (1) shall become effective on the later of -
"(A) the day after the date on which the individual holding the
Office of Secretary of the Treasury on January 1, 1997, ceases to
hold that office; or
"(B) the date of the enactment of this Act [Oct. 10, 1997].
"(3) Nothing in this subsection shall be considered to affect the
compensation or emoluments due to any individual in connection with
any period preceding the date determined under paragraph (2).
"(b) Subsection (b) of the first section of the public law
referred to in subsection (a)(1) of this section shall not apply in
the case of any appointment the consent of the Senate to which
occurs on or after the date of the enactment of this Act.
"(c) This section shall not be limited (for purposes of
determining whether a provision of this section applies or
continues to apply) to fiscal year 1998."
OFFICE OF THE UNDERSECRETARY FOR ENFORCEMENT
Pub. L. 108-447, div. H, title II, Sec. 222(b)(2), Dec. 8, 2004,
118 Stat. 3245, provided that: "The Office of the Undersecretary
for Enforcement of the Department of the Treasury, established in
accordance with section 103 [105] of the Treasury Department
Appropriations Act, 1994 (Public Law 103-123) [set out below] is
abolished, and all rights, duties, and responsibilities of that
office are transferred on the date of enactment of this Act [Dec.
8, 2004] to the Office of the Undersecretary for Terrorism and
Financial Crimes of the Department of the Treasury in accordance
with this section [enacting section 313 of this title and amending
section 311 of this title], and the amendments made by this
section, except as otherwise specifically provided in this section
or the amendments made by this section, or other applicable law."
Pub. L. 103-123, title I, Sec. 105, Oct. 28, 1993, 107 Stat.
1234, provided that: "Notwithstanding any other provision of law,
the Secretary of the Treasury shall establish an Office of the
Undersecretary for Enforcement within the Department of the
Treasury by no later than February 15, 1994."
COMPENSATION AND EMOLUMENTS OF SECRETARY OF THE TREASURY AT LEVEL
IN EFFECT ON JANUARY 1, 1989; ACTIONS CHALLENGING APPOINTMENT ON
CONSTITUTIONAL GROUNDS
Pub. L. 103-2, Jan. 19, 1993, 107 Stat. 4, provided: "That (a)
the compensation and other emoluments attached to the office of
Secretary of the Treasury shall be those in effect January 1, 1989,
notwithstanding any increase in such compensation or emoluments
after that date under -
"(1) the Ethics Reform Act of 1989 (Public Law 101-194) [see
Tables for classification] or any other provision of law amended
by that Act; or
"(2) any other provision of law, or provision which has the
force and effect of law, that is enacted or becomes effective
during the period beginning at noon of January 3, 1989, and
ending at noon of January 3, 1995.
"(b)(1) Any person aggrieved by an action of the Secretary of the
Treasury may bring a civil action in the United States District
Court for the District of Columbia to contest the constitutionality
of the appointment and continuance in office of the Secretary of
the Treasury on the ground that such appointment and continuance in
office is in violation of article I, section 6, clause 2, of the
Constitution. The United States District Court for the District of
Columbia shall have exclusive jurisdiction over such a civil
action, without regard to the sum or value of the matter in
controversy.
"(2) Any claim challenging the constitutionality of the
appointment and continuance in office of the Secretary of the
Treasury on the ground that such appointment and continuance in
office is in violation of article I, section 6, clause 2, of the
Constitution, in an action brought under paragraph (1) shall be
heard and determined by a panel of three judges in accordance with
section 2284 of title 28, United States Code. It shall be the duty
of the district court to advance on the docket and to expedite the
disposition of any matter brought under this subsection.
"(3)(A) An appeal may be taken directly to the Supreme Court of
the United States from any interlocutory or final judgment, decree,
or order upon the validity of the appointment and continuance in
office of the Secretary of the Treasury under article I, section 6,
clause 2, of the Constitution, entered in any action brought under
this subsection. Any such appeal shall be taken by a notice of
appeal filed within 20 days after such judgment, decree, or order
is entered.
"(B) The Supreme Court shall, if it has not previously ruled on
the question presented by an appeal taken pursuant to subparagraph
(A), accept jurisdiction over the appeal, advance the appeal on the
docket, and expedite the appeal.
"(c) This joint resolution shall become effective at 12:00 p.m.,
January 20, 1993."
DUTIES AND FUNCTIONS OF DEPARTMENT OF THE TREASURY
Nothing in Pub. L. 101-576 [see Short Title of 1990 Amendment
note set out under section 501 of this title] to be construed to
interfere with exercise of functions, duties, and responsibilities
of Department of the Treasury, as in effect immediately before Nov.
15, 1990, see section 204 of Pub. L. 101-576, set out as a note
under section 501 of this title.