Federal · Title 31 — Money and Finance

31 U.S.C. § 333: Prohibition of misuse of Department of the Treasury names, symbols, etc.

Misdemeanor

What this law says, in plain English

The statute prohibits misuse of Department of Treasury names, symbols, and titles. Violations can result in civil penalties up to $5,000 (or $25,000 for broadcasts) or criminal prosecution with fines up to $10,000 and up to one year imprisonment.

Read the full statutory text
the words “Department of the Treasury”, or the name of any service, bureau, office, or other subdivision of the Department of the Treasury, the titles “Secretary of the Treasury” or “Treasurer of the United States” or the title of any other officer or employee of the Department of the Treasury, the abbreviations or initials of any entity referred to in paragraph (1), the words “United States Savings Bond” or the name of any other obligation issued by the Department of the Treasury, any symbol or emblem of an entity referred to in paragraph (1) (including the design of any envelope or stationary used by such an entity), and any colorable imitation of any such words, titles, abbreviations, initials, symbols, or emblems, Any determination of whether a person has violated the provisions of subsection (a) shall be made without regard to any use of a disclaimer of affiliation with the United States Government or any particular agency or instrumentality thereof. The Secretary of the Treasury may impose a civil penalty on any person who violates the provisions of subsection (a). 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”. 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. The Secretary of the Treasury may commence a civil action to recover any penalty imposed under this subsection at any time before the end of the 2-year period beginning on the date on which such penalty was assessed. 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). 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”. 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 instituted during the 3-year period beginning on the date of the violation. 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 violation. 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 . Subsection ( l )(3) [enacting 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 subsection ( l ) [enacting this section] shall apply with respect to violations occurring after such date.”

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