Title 31 — Money and Finance

Chapter 3 — Department of the Treasury

§ 312. Terrorism and financial intelligence

Statutory text

Office of Terrorism and Financial Intelligence.—

Establishment.—

There is established within the Department of the Treasury the Office of Terrorism and Financial Intelligence (in this section referred to as “OTFI”), which shall be the successor to any such office in existence on the date of enactment of this section.

Leadership.—

Undersecretary.—

There is established within the Department of the Treasury, the Office of the Undersecretary for Terrorism and Financial Crimes, who shall serve as the head of the OTFI, and shall report to the Secretary of the Treasury through the Deputy Secretary of the Treasury. The Office of the Undersecretary for Terrorism and Financial Crimes shall be the successor to the Office of the Undersecretary for Enforcement.

Appointment.—

The Undersecretary for Terrorism and Financial Crimes shall be appointed by the President, by and with the advice and consent of the Senate.

Assistant secretary for terrorist financing.—

Establishment.—

There is established within the OTFI the position of Assistant Secretary for Terrorist Financing.

Appointment.—

The Assistant Secretary for Terrorist Financing shall be appointed by the President, by and with the advice and consent of the Senate.

Duties.—

The Assistant Secretary for Terrorist Financing shall be responsible for formulating and coordinating the counter terrorist financing and anti-money laundering efforts of the Department of the Treasury, and shall report directly to the Undersecretary for Terrorism and Financial Crimes.

Functions.—

The functions of the OTFI include providing policy, strategic, and operational direction to the Department on issues relating to—

implementation of titles I and II of the Bank Secrecy Act;

United States economic sanctions programs;

combating terrorist financing;

combating financial crimes, including money laundering, counterfeiting, and other offenses threatening the integrity of the banking and financial systems;

combating illicit financing relating to human trafficking;

other enforcement matters;

those intelligence analysis and coordination functions described in subsection (b); and

the security functions and programs of the Department of the Treasury.

Reports to congress on proposed measures.—

The Undersecretary for Terrorism and Financial Crimes and the Assistant Secretary for Terrorist Financing shall report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives not later than 72 hours after proposing by rule, regulation, order, or otherwise, any measure to reorganize the structure of the Department for combatting money laundering and terrorist financing, before any such proposal becomes effective.

Other offices within otfi.—

Notwithstanding any other provision of law, the following offices of the Department of the Treasury shall be within the OTFI:

The Office of the Assistant Secretary for Intelligence and Analysis, which shall report directly to the Undersecretary for Terrorism and Financial Crimes.

The Office of the Assistant Secretary for Terrorist Financing, which shall report directly to the Undersecretary for Terrorism and Financial Crimes.

The Office of Foreign Assets Control (in this section referred to as the “OFAC”), which shall report directly to the Undersecretary for Terrorism and Financial Crimes.

The Executive Office for Asset Forfeiture, which shall report to the Undersecretary for Terrorism and Financial Crimes.

The Office of Intelligence and Analysis (in this section referred to as the “OIA”), which shall report to the Assistant Secretary for Intelligence and Analysis.

The Office of Terrorist Financing, which shall report to the Assistant Secretary for Terrorist Financing.

FinCEN.—

Reporting to undersecretary.—

The Financial Crimes Enforcement Network (in this section referred to as “FinCEN”), a bureau of the Department of the Treasury, shall report to the Undersecretary for Terrorism and Financial Crimes. The Undersecretary for Terrorism and Financial Crimes may not redelegate its reporting authority over FinCEN.

Office of compliance.—

There is established within FinCEN, an Office of Compliance.

Interagency coordination.—

The Secretary of the Treasury, after consultation with the Undersecretary for Terrorism and Financial Crimes, shall designate an office within the OTFI that shall coordinate efforts to combat the illicit financing of human trafficking with—

other offices of the Department of the Treasury;

other Federal agencies, including—

the Office to Monitor and Combat Trafficking in Persons of the Department of State; and

the Interagency Task Force to Monitor and Combat Trafficking;

State and local law enforcement agencies; and

foreign governments.

Office of Intelligence and Analysis.—

Assistant secretary for intelligence and analysis.—

The Assistant Secretary for Intelligence and Analysis shall head the OIA.

Responsibilities.—

The OIA shall be responsible for the receipt, analysis, collation, and dissemination of intelligence and counterintelligence information related to the operations and responsibilities of the entire Department of the Treasury, including all components and bureaus of the Department.

Primary functions.—

The primary functions of the OIA are—

to build a robust analytical capability on terrorist finance by coordinating and overseeing work involving intelligence analysts in all components of the Department of the Treasury, focusing on the highest priorities of the Department, as well as ensuring that the existing intelligence needs of the OFAC and FinCEN are met; and

to provide intelligence support to senior officials of the Department on a wide range of international economic and other relevant issues.

Other functions and duties.—

The OIA shall—

carry out the intelligence support functions that are assigned, to the Office of Intelligence Support under section 311 (pursuant to section 105 of the Intelligence Authorization Act for Fiscal Year 2004);

serve in a liaison capacity with the intelligence community; and

represent the Department in various intelligence related activities.

Duties of the assistant secretary.—

The Assistant Secretary for Intelligence and Analysis shall serve as the Senior Officer Intelligence Community, and shall represent the Department in intelligence community fora, including the National Foreign Intelligence Board committees and the Intelligence Community Management Staff.

Delegation.—

To the extent that any authorities, powers, and responsibilities over enforcement matters delegated to the Undersecretary for Terrorism and Financial Crimes, or the positions of Assistant Secretary for Terrorism and Financial Crimes, Assistant Secretary for Enforcement and Operations, or Deputy Assistant Secretary for Terrorist Financing and Financial Crimes, have not been transferred to the Department of Homeland Security, the Department of Justice, or the Assistant Secretary for Tax Policy (related to the customs revenue functions of the Bureau of Alcohol and Tobacco Tax and Trade), those remaining authorities, powers, and responsibilities are delegated to the Undersecretary for Terrorism and Financial Crimes.

Designation as Enforcement Organization.—

The Office of Terrorism and Financial Intelligence (including any components thereof) is designated as a law enforcement organization of the Department of the Treasury for purposes of section 9705 of title 31, United States Code, and other relevant authorities.

Use of Existing Resources.—

The Secretary may employ personnel, facilities, and other Department of the Treasury resources available to the Secretary on the date of enactment of this section in carrying out this section, except as otherwise prohibited by law.

References.—

References in this section to the “Secretary”, “Undersecretary”, “Deputy Secretary”, “Deputy Assistant Secretary”, “Office”, “Assistant Secretary”, and “Department” are references to positions and offices of the Department of the Treasury, unless otherwise specified.

Special Hiring Authority.—

In general.—

The Secretary of the Treasury may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, candidates directly to positions in the competitive service, as defined in section 2102 of that title, in the OTFI.

Primary responsibilities.—

The primary responsibility of candidates appointed under paragraph (1) shall be to provide substantive support in support of the duties described in subparagraphs (A) through (G) of subsection (a)(4).

Deployment of Staff.—

The Secretary of the Treasury may detail, without regard to the provisions of section 300.301 of title 5, Code of Federal Regulations, any employee in the OTFI to any position in the OTFI for which the Secretary has determined there is a need.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2004
Department of Health and Human Services Appropriations Act, 2005
Pub. L. 108–447 div. H title II § 222(a) · 118 Stat. 2809
Enacted · 31 U.S.C. § 312
Added Pub. L. 108–447, div. H, title II, § 222(a), Dec. 8, 2004, 118 Stat. 3242, § 313
Source evidence
Code source credit
Added Pub. L. 108–447, div. H, title II, § 222(a), Dec. 8, 2004, 118 Stat. 3242, § 313
Enacted provision · exact public law section
Sec. 222. The unobligated balance of the Nursing Student Loan program authorized by section 835 of the Public Health Services Act is rescinded.
2010
Federal Insurance Office Act of 2010
Pub. L. 111–203 title V § 502(a)(2) · 124 Stat. 1376
Changed · 31 U.S.C. § 312
Pub. L. 111–203 renumbered section 313 of this title as this section
Source evidence
Code amendment note
Pub. L. 111–203 renumbered section 313 of this title as this section.
Enacted provision · exact public law section
(2) by redesignating section 313 as section 312; and
Effective date note
Amendment by Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking.
2015
Justice for Victims of Trafficking Act of 2015
Pub. L. 114–22 title I § 105(c)(2)(A)(ii)(I) · 129 Stat. 227
Substituted · 31 U.S.C. § 312(d)
Pub. L. 114–22 substituted “section 9705” for “section 9703”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 114–22 substituted “section 9705” for “section 9703”.
Enacted provision · exact public law section
(I) in section 312(d), by striking “section 9703” and inserting “section 9705”; and
2019
Financial Industry Guidance to Halt Trafficking Act
Pub. L. 116–92 § 7153(a) · 133 Stat. 1198
1. Added · 31 U.S.C. § 312(a)(4)(E)(H)
  Pub. L. 116–92, § 7153(a), added subpar. (E)
2. Redesignated · 31 U.S.C. § 312(a)(4)(E)(H)
  Pub. L. 116–92, § 7153(a), redesignated former subpars. (E) to (G) as (F) to (H), respectively
Source evidence
Code amendment note
Subsec. (a)(4)(E) to (H). Pub. L. 116–92, § 7153(a), added subpar. (E) and redesignated former subpars. (E) to (G) as (F) to (H), respectively.
Enacted provision · exact public law section
(a) Functions.— Section 312(a)(4) of title 31, United States Code, is amended— (1) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively; and (2) by inserting after subparagraph (D) the following: “(E) combating illicit financing relating to human trafficking;” .
2019
Financial Industry Guidance to Halt Trafficking Act
Pub. L. 116–92 § 7153(b) · 133 Stat. 1198
Added · 31 U.S.C. § 312(a)(8)
Pub. L. 116–92, § 7153(b), added par. (8)
Source evidence
Code amendment note
Subsec. (a)(8). Pub. L. 116–92, § 7153(b), added par. (8).
Enacted provision · exact public law section
(b) Interagency Coordination.— Section 312(a) of such title is amended by adding at the end the following: “(8) Interagency coordination.— The Secretary of the Treasury, after consultation with the Undersecretary for Terrorism and Financial Crimes, shall designate an office within the OTFI that shall coordinate efforts to combat the illicit financing of human trafficking with— “(A) other offices of the Department of the Treasury; “(B) other Federal agencies, including— “(i) the Office to Monitor and Combat Trafficking in Persons of the Department of State; and “(ii) the Interagency Task Force to Monitor and Combat Trafficking; “(C) State and local law enforcement agencies; and “(D) foreign governments.” .
2021
Anti-Money Laundering Act of 2020
Pub. L. 116–283 div. F title LXI § 6105(b) · 134 Stat. 3388
Added · 31 U.S.C. § 312(g); 31 U.S.C. § 312(h)
Pub. L. 116–283 added subsecs. (g) and (h)
Source evidence
Code amendment note
Subsecs. (g), (h). Pub. L. 116–283 added subsecs. (g) and (h).
Enacted provision · exact public law section
(b) Office of Terrorism and Financial Intelligence.— Section 312 of title 31, United States Code, is amended by adding at the end the following: “(g) Special Hiring Authority.— “(1) In general.— The Secretary of the Treasury may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, candidates directly to positions in the competitive service, as defined in section 2102 of that title, in the OTFI. “(2) Primary responsibilities.— The primary responsibility of candidates appointed under paragraph (1) shall be to provide substantive support in support of the duties described in subparagraphs (A) through (G) of subsection (a)(4). “(h) Deployment of Staff.— The Secretary of the Treasury may detail, without regard to the provisions of section 300.301 of title 5, Code of Federal Regulations, any employee in the OTFI to any position in the OTFI for which the Secretary has determined there is a need.” .

7 of 7 references resolved to an enrolled provision

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsecs. (a)(1) and (e), is the date of the enactment of Pub. L. 108–447, which was approved Dec. 8, 2004.

For the Bank Secrecy Act, referred to in subsec. (a)(4)(A), see Short Title note set out under section 1951 of Title 12, Banks and Banking, and Tables.

Section 105 of the Intelligence Authorization Act for Fiscal Year 2004, referred to in subsec. (b)(4)(A), is section 105 of Pub. L. 108–177, title I, Dec. 13, 2003, 117 Stat. 2603, which enacted section 311 of this title. For complete classification of section 105 to the Code, see Tables.

Prior Provisions

A prior section 312 was renumbered section 315 of this title.

Amendments2010–2021 · 4 rounds

2021

Subsecs. (g), (h). Pub. L. 116–283 added subsecs. (g) and (h).

2019

Subsec. (a)(4)(E) to (H). Pub. L. 116–92, § 7153(a), added subpar. (E) and redesignated former subpars. (E) to (G) as (F) to (H), respectively.

Subsec. (a)(8). Pub. L. 116–92, § 7153(b), added par. (8).

2015

Subsec. (d). Pub. L. 114–22 substituted “section 9705” for “section 9703”.

2010

Pub. L. 111–203 renumbered section 313 of this title as this section.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Community Management Staff deemed to be a reference to the staff of the Office of the Director of National Intelligence, see section 1081(c) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking.

Credits

2004–2021 · 5 acts

2004Added Pub. L. 108–447, div. H, title II, § 222(a), Dec. 8, 2004, 118 Stat. 3242, § 313
2010renumbered § 312, Pub. L. 111–203, title V, § 502(a)(2), July 21, 2010, 124 Stat. 1580
2015amended Pub. L. 114–22, title I, § 105(c)(2)(A)(ii)(I), May 29, 2015, 129 Stat. 237
2019Pub. L. 116–92, div. F, title LXXI, § 7153, Dec. 20, 2019, 133 Stat. 2259
2021Pub. L. 116–283, div. F, title LXI, § 6105(b), Jan. 1, 2021, 134 Stat. 4555.

Show as published

(Added Pub. L. 108–447, div. H, title II, § 222(a), Dec. 8, 2004, 118 Stat. 3242, § 313; renumbered § 312, Pub. L. 111–203, title V, § 502(a)(2), July 21, 2010, 124 Stat. 1580; amended Pub. L. 114–22, title I, § 105(c)(2)(A)(ii)(I), May 29, 2015, 129 Stat. 237; Pub. L. 116–92, div. F, title LXXI, § 7153, Dec. 20, 2019, 133 Stat. 2259; Pub. L. 116–283, div. F, title LXI, § 6105(b), Jan. 1, 2021, 134 Stat. 4555.)