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31 U.S.C. § 301 — Department of the Treasury

submitted 44 years ago by Pub. L. 97-258 to r/title-31-MONEY-AND-FINANCE · 462 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates the Department of the Treasury and its top leaders. The Secretary of the Treasury runs it, helped by a Deputy Secretary, Under Secretaries, Assistant Secretaries, and a General Counsel. The President appoints most of them with Senate approval.

(a) The Department of the Treasury is an executive department of the U.S. government, located at the seat of government.

(b) The Secretary of the Treasury heads the Department. The President appoints the Secretary, with the Senate's advice and consent.

(c) The Department has a Deputy Secretary of the Treasury, also appointed by the President with Senate approval. The Deputy Secretary carries out (1) duties and powers the Secretary assigns, and (2) the Secretary's own duties and powers whenever the Secretary is absent, unable to serve, or the Secretary's office is vacant.

(d) The Department has two Under Secretaries, one Under Secretary for Enforcement, and two Deputy Under Secretaries, all appointed by the President with Senate approval. It also has a Fiscal Assistant Secretary, appointed by the Secretary, and a Treasurer of the United States, appointed by the President. All of them carry out duties the Secretary assigns. The President may designate one Under Secretary as "Counselor," and may also designate any Deputy Under Secretary as an Assistant Secretary when appointing them.

(e) The Department has eight Assistant Secretaries appointed by the President with Senate approval. Two more Assistant Secretaries do not need Senate approval — the Assistant Secretary for Public Affairs and the Assistant Secretary for Management. All Assistant Secretaries carry out duties the Secretary assigns; these positions come in addition to the Assistant Secretaries appointed under (d).

(f)(1) The Department has a General Counsel, appointed by the President with Senate approval, who is the Department's chief law officer. Without following the usual competitive-service appointment rules in title 5, the Secretary may appoint no more than five Assistant General Counsels. The Secretary may designate one Assistant General Counsel to act as General Counsel whenever that office is vacant or the General Counsel cannot serve. The General Counsel and Assistant General Counsels carry out duties the Secretary assigns. (2) The President, with Senate approval, may also appoint an Assistant General Counsel to serve as Chief Counsel for the Internal Revenue Service; the Chief Counsel is the Service's chief law officer and carries out duties the Secretary assigns.

(g) The Department must have a seal.

the actual law source: uscode.house.gov ↗public domain
(a)

The Department of the Treasury is an executive department of the United States Government at the seat of the Government.

(b)

The head of the Department is the Secretary of the Treasury. The Secretary is appointed by the President, by and with the advice and consent of the Senate.

(c)

The Department has a Deputy Secretary of the Treasury appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall carry out—

(1)

duties and powers prescribed by the Secretary; and

(2)

the duties and powers of the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant.

(d)

The Department has 2 Under Secretaries, an Under Secretary for Enforcement, and 2 Deputy Under Secretaries, appointed by the President, by and with the advice and consent of the Senate. The Department also has a Fiscal Assistant Secretary appointed by the Secretary and a Treasurer of the United States appointed by the President. They shall carry out duties and powers prescribed by the Secretary. The President may designate one Under Secretary as Counselor. When appointing each Deputy Under Secretary, the President may designate the Deputy Under Secretary as an Assistant Secretary.

(e)

The Department has 8 Assistant Secretaries appointed by the President, by and with the advice and consent of the Senate. The Department shall have 2 Assistant Secretaries not subject to the advice and consent of the Senate who shall be the Assistant Secretary for Public Affairs, and the Assistant Secretary for Management. The Assistant Secretaries shall carry out duties and powers prescribed by the Secretary. The Assistant Secretaries appointed under this subsection are in addition to the Assistant Secretaries appointed under subsection (d) of this section.

(f)
(1)

The Department has a General Counsel appointed by the President, by and with the advice and consent of the Senate. The General Counsel is the chief law officer of the Department. Without regard to those provisions of title 5 governing appointment in the competitive service, the Secretary may appoint not more than 5 Assistant General Counsels. The Secretary may designate one of the Assistant General Counsels to act as the General Counsel when the General Counsel is absent or unable to serve or when the office of General Counsel is vacant. The General Counsel and Assistant General Counsels shall carry out duties and powers prescribed by the Secretary.

(2)

The President may appoint, by and with the advice and consent of the Senate, an Assistant General Counsel who shall be the Chief Counsel for the Internal Revenue Service. The Chief Counsel is the chief law officer for the Service and shall carry out duties and powers prescribed by the Secretary.

(g)

The Department shall have a seal.

Source credit: (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 878; Pub. L. 98–594, § 1(a), Oct. 30, 1984, 98 Stat. 3129; Pub. L. 99–190, § 141, Dec. 19, 1985, 99 Stat. 1324; Pub. L. 103–211, title II, § 2003(a), Feb. 12, 1994, 108 Stat. 24; Pub. L. 108–177, title I, § 105(d)(2), Dec. 13, 2003, 117 Stat. 2603; Pub. L. 110–49, § 11(a), July 26, 2007, 121 Stat. 260; Pub. L. 110–343, div. A, title I, § 101(a)(3)(B)(ii), Oct. 3, 2008, 122 Stat. 3768; Pub. L. 112–166, § 2(l), Aug. 10, 2012, 126 Stat. 1286.)

history & why it existsrecord from the source credit
  • 1982Enacted · Pub. L. 97-258 · 96 Stat. 878
  • 1984Amended · Pub. L. 98-594 · 98 Stat. 3129
  • 1985Amended · Pub. L. 99-190 · 99 Stat. 1324
  • 1994Amended · Pub. L. 103-211 · 108 Stat. 24
  • 2003Amended · Pub. L. 108-177 · 117 Stat. 2603
  • 2007Amended · Pub. L. 110-49 · 121 Stat. 260
  • 2008Amended · Pub. L. 110-343 · 122 Stat. 3768
  • 2012Amended · Pub. L. 112-166 · 126 Stat. 1286

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-258 on 1982-09-13.

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