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

submitted 32 years ago by Pub. L. 103-296 to r/title-31-MONEY-AND-FINANCE · 589 words · no verdicts yet

in plain englishAI-generated · not legal advice

No one may use Treasury names, titles, or symbols in ads that falsely suggest Treasury's approval. A disclaimer of government affiliation does not excuse a violation. Violators face civil penalties up to $25,000, or criminal fines and up to a year in prison.

(a) General Rule
No one may use certain Treasury-related words, titles, abbreviations, symbols, or emblems — alone or with other words — as part of an ad, solicitation, business activity, or product. The banned items are: (1) the words "Department of the Treasury," or the name of any Treasury service, bureau, office, or subdivision; (2) the titles "Secretary of the Treasury" or "Treasurer of the United States," or the title of any other Treasury officer or employee; (3) abbreviations or initials for any of those; (4) the words "United States Savings Bond," or the name of any other Treasury-issued obligation; (5) any symbol or emblem of a Treasury entity — including the design of its envelopes or stationery; and (6) any colorable imitation of these words, titles, abbreviations, initials, symbols, or emblems. This ban applies only when using these things could reasonably be interpreted as falsely conveying that the ad, solicitation, business activity, or product is approved, endorsed, sponsored, authorized by, or associated with the Department of the Treasury, one of its subdivisions, or one of its officers or employees.

(b) Treatment of Disclaimers
When deciding whether someone violated subsection (a), it doesn't matter whether they used a disclaimer saying they're not affiliated with the United States Government or a particular agency or instrumentality. The disclaimer doesn't excuse the violation.

(c) Civil Penalty
(1) The Secretary of the Treasury may impose a civil penalty on anyone who violates subsection (a).
(2) The penalty can't exceed $5,000 for each use of material that violates subsection (a) — or $25,000 if the use was in a broadcast or telecast.
(3)(A) The Secretary must assess any civil penalty within the 3-year period beginning on the date of the violation.
(B) The Secretary must begin a civil action to recover any assessed penalty within the 2-year period beginning on the date the penalty was assessed.
(4) No penalty may be assessed under this subsection for a violation after a criminal proceeding for that violation has already begun under subsection (d).

(d) Criminal Penalty
(1) Anyone who knowingly violates subsection (a) can, upon conviction, be fined up to $10,000 for each such use — or up to $50,000 if the use was in a broadcast or telecast — or imprisoned up to 1 year, or both.
(2) No one may be prosecuted, tried, or punished under this subsection for a violation of subsection (a) unless the indictment is found, or the information instituted, within the 3-year period beginning on the date of the violation.
(3) No criminal proceeding may be commenced under this subsection for a violation if a civil penalty has already been assessed under subsection (c) for that violation.

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

No person may use, in connection with, or as a part of, any advertisement, solicitation, business activity, or product, whether alone or with other words, letters, symbols, or emblems—

(1)

the words “Department of the Treasury”, or the name of any service, bureau, office, or other subdivision of the Department of the Treasury,

(2)

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,

(3)

the abbreviations or initials of any entity referred to in paragraph (1),

(4)

the words “United States Savings Bond” or the name of any other obligation issued by the Department of the Treasury,

(5)

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

(6)

any colorable imitation of any such words, titles, abbreviations, initials, symbols, or emblems,

in a manner which could reasonably be interpreted or construed as conveying the false impression that such advertisement, solicitation, business activity, or product is in any manner approved, endorsed, sponsored, or authorized by, or associated with, the Department of the Treasury or any entity referred to in paragraph (1) or any officer or employee thereof.

(b)Treatment of Disclaimers.—

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.

(c)Civil Penalty.—
(1)In general.—

The Secretary of the Treasury may impose a civil penalty on any person who violates the provisions of subsection (a).

(2)Amount of penalty.—

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”.

(3)Time limitations.—
(A)Assessments.—

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.

(B)Civil action.—

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.

(4)Coordination with subsection (d).—

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).

(d)Criminal Penalty.—
(1)In general.—

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”.

(2)Time limitations.—

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.

(3)Coordination with subsection (c).—

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.

Source credit: (Added Pub. L. 103–296, title III, § 312(l)(1), Aug. 15, 1994, 108 Stat. 1528.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-296 · 108 Stat. 1528

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-296 on 1994-08-15.

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