Laws: Cases and Codes : U.S. Code : Title 31 : Section 321


   
U.S. Code as of: 01/19/04
Section 321. General authority of the Secretary

      (a) The Secretary of the Treasury shall - 
        (1) prepare plans for improving and managing receipts of the
      United States Government and managing the public debt;
        (2) carry out services related to finances that the Secretary
      is required to perform;
        (3) issue warrants for money drawn on the Treasury consistent
      with appropriations;
        (4) mint coins, engrave and print currency and security
      documents, and refine and assay bullion, and may strike medals;
        (5) prescribe regulations that the Secretary considers best
      calculated to promote the public convenience and security, and to
      protect the Government and individuals from fraud and loss, that
      apply to anyone who may - 
          (A) receive for the Government, Treasury notes, United States
        notes, or other Government securities; or
          (B) be engaged or employed in preparing and issuing those
        notes or securities;

        (6) collect receipts;
        (7) with a view to prosecuting persons, take steps to discover
      fraud and attempted fraud involving receipts and decide on ways
      to prevent and detect fraud; and
        (8) maintain separate accounts of taxes received in each State,
      territory, and possession of the United States, and collection
      district, with each account listing - 
          (A) each kind of tax;
          (B) the amount of each tax; and
          (C) the money paid as pay and allowances to officers and
        employees of the Department collecting taxes in that State,
        territory, possession, or district.

      (b) The Secretary may - 
        (1) prescribe regulations to carry out the duties and powers of
      the Secretary;
        (2) delegate duties and powers of the Secretary to another
      officer or employee of the Department of the Treasury;
        (3) transfer within the Department the records, property,
      officers, employees, and unexpended balances of appropriations,
      allocations, and amounts of the Department that the Secretary
      considers necessary to carry out a delegation made under clause
      (2) of this subsection;
        (4) detail, in addition to details authorized under another
      law, not more than 6 officers and employees of the Department at
      any one time to enforce the laws related to the Department,
      except that of those 6 officers and employees not more than 4
      officers and employees - 
          (A) paid from the appropriations for the collection of
        customs may be so detailed;
          (B) paid from the appropriations for internal revenue may be
        so detailed; and
          (C) paid from the appropriations for suppressing
        counterfeiting and other crimes may be so detailed;

        (5) authorize, at rates and under conditions prescribed by the
      Secretary, the private use of telephone lines controlled by the
      Department when the use does not interfere with Department
      business;
        (6) buy arms and ammunition required by officers and employees
      of the Department in carrying out their duties and powers; and
        (7) notwithstanding any other provision of law, fulfill any
      requirement to issue a report on the financial condition of any
      fund on the books of the Treasury by including the required
      information in a consolidated report, except that information
      with respect to a specific fund shall be separately reported if
      the Secretary determines that the consolidation of such
      information would result in an unwarranted delay in the
      availability of such information.

      (c) Duties and powers of officers and employees of the Department
    are vested in the Secretary except duties and powers - 
        (1) vested by subchapter II of chapter 5 of title 5 in
      administrative law judges employed by the Secretary;
        (2) of the Comptroller of the Currency; and
        (3) of the Director of the Office of Thrift Supervision;

      (d)(1) The Secretary of the Treasury may accept, hold,
    administer, and use gifts and bequests of property, both real and
    personal, for the purpose of aiding or facilitating the work of the
    Department of the Treasury. Gifts and bequests of money and the
    proceeds from sales of other property received as gifts or bequests
    shall be deposited in the Treasury in a separate fund and shall be
    disbursed on order of the Secretary of the Treasury. Property
    accepted under this paragraph, and the proceeds thereof, shall be
    used as nearly as possible in accordance with the terms of the gift
    or bequest.
      (2) For purposes of the Federal income, estate, and gift taxes,
    property accepted under paragraph (1) shall be considered as a gift
    or bequest to or for the use of the United States.
      (3) The Secretary of the Treasury may invest and reinvest the
    fund in public debt securities with maturities suitable for the
    needs of the fund and bearing interest at rates determined by the
    Secretary of the Treasury, taking into consideration the current
    average market yield on outstanding marketable obligations of the
    United States of comparable maturities. Income accruing from the
    securities, and from any other property accepted under paragraph
    (1), shall be deposited to the credit of the fund, and shall be
    disbursed on order of the Secretary of the Treasury for purposes as
    nearly as possible in accordance with the terms of the gifts or
    bequests.
      (4) The Secretary of the Treasury shall, not less frequently than
    annually, make a public disclosure of the amount (and sources) of
    the gifts and bequests received under this subsection, and the
    purposes for which amounts in the separate fund established under
    this subsection are expended.
      (e) Certain Reorganization Prohibited. - The Secretary of the
    Treasury may not merge or consolidate the Office of Thrift
    Supervision, or any of the functions or responsibilities of the
    Office or the Director of such office, with the Office of the
    Comptroller of the Currency or the Comptroller of the Currency.



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