
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC333]

 
                       TITLE 31--MONEY AND FINANCE
 
                           SUBTITLE I--GENERAL
 
                  CHAPTER 3--DEPARTMENT OF THE TREASURY
 
                      SUBCHAPTER II--ADMINISTRATIVE
 
Sec. 333. Prohibition of misuse of Department of the Treasury 
        names, symbols, etc.
        
    (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.

(Added Pub. L. 103-296, title III, Sec. 312(l)(1), Aug. 15, 1994, 108 
Stat. 1528.)


                             Effective Date

    Section 312(m) of Pub. L. 103-296 provided that:
    ``(1) In general.--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.
    ``(2) Prohibition of misuse of department of the treasury names, 
symbols, etc.--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.''


                   Report on Implementation of Section

    Section 312(l)(3) of Pub. L. 103-296 provided that: ``Not later than 
May 1, 1996, the Secretary of the Treasury shall submit a report to the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate on the implementation of the 
amendments made by this section [enacting this section and amending 
section 1320b-10 of Title 42, The Public Health and Welfare]. Such 
report shall include the number of cases in which the Secretary has 
notified persons of violations of section 333 of title 31, United States 
Code (as added by subsection (a)[(l)(1)]), the number of prosecutions 
commenced under such section, and the total amount of the penalties 
collected in such prosecutions.''
