[Federal Register Volume 60, Number 122 (Monday, June 26, 1995)]
[Proposed Rules]
[Pages 32929-32930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15523]
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DEPARTMENT OF THE TREASURY
Secret Service
31 CFR Part 411
[1505-AA69]
Color Illustrations of U.S. Currency
AGENCY: Secret Service, Treasury.
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Counterfeit Deterrence Act of 1992, the Secret
Service proposes to permit color illustrations of United States
currency. Currently, color illustrations of U.S. currency are not
permitted. The intended effect of the proposed rule is to permit color
illustrations of U.S. currency while maintaining the safeguards needed
to prevent the counterfeiting of United States currency.
DATES: Comments must be submitted on or before August 25, 1995.
ADDRESSES: Written comments should be forwarded to John J. Kelleher,
Chief Counsel, United States Secret Service, 1800 G Street, NW., Room
842, Washington, DC 20223.
FOR FURTHER INFORMATION CONTACT: Mark Mulligan, Attorney/Advisor,
Office of Chief Counsel, U.S. Secret Service, 1800 G Street, NW., Room
842, Washington, DC 20223, (202) 435-5771.
SUPPLEMENTARY INFORMATION:
Background
Currently, illustrations of U.S. currency are permitted provided
the illustration is in black and white and is of a size less than
three-fourths or more than one and one-half, in linear dimension, of
each part so illustrated, and provided the negatives and plates used in
making the illustration are destroyed. 18 U.S.C. 504. The Counterfeit
Deterrence Act of 1992, Pub. L. No. 102-550 (1992), amended 18 U.S.C.
504 by requiring ``[t]he Secretary of the Treasury [to] prescribe
regulations to permit color illustrations of such currency of the
United States as the Secretary determines may be appropriate for such
purposes.'' Treasury Directive Number 15-56, 58 FR 48539 (September 16,
1993), delegated the responsibility and authority to prescribe these
regulations to the Director, United States Secret Service.
The proposed rule would allow the color illustration of U.S.
currency. In developing this proposal, the Secret Service carefully
weighed the interest in color illustrations with the federal
government's compelling interest of preventing the counterfeiting of
U.S. currency. The proposed rule is designed to allow the color
illustration of U.S. currency in a manner which both prevents the
possibility of these color illustrations being used as instruments of
fraud and avoids the creation of conditions which may facilitate
counterfeiting. In addition, the proposal recognizes technological
advances in both computer graphics and other reprographics and requires
that such methods comply with the requirements of the proposed rule.
The proposed rule would require the permitted color illustrations
to comply with the current size restrictions set out in 18 U.S.C. 504.
Any color illustration permitted under the proposed rule would also be
required to have the term ``non-negotiable'' be prominently and
conspicuously placed across the center portion of any illustration. In
addition, the legend ``non-negotiable'' would be required to appear in
clearly legible, bold, black, block letters, being a minimum of one
quarter inch high, and covering at least one third of the linear length
of the illustration. The legend ``non-negotiable'' must appear
simultaneously with the creation, production, printing, publishing and
transmission of the illustration on all copies of the illustration or
any part thereof, and on all negatives, plates, positives, digitized
storage medium, graphic files, magnetic medium, optical storage
devices, or other reproductive method. In addition, such color
illustrations would be required to be only one-sided.
The exceptions proposed by this rule, like the exceptions set out
in 18 U.S.C. 504, apply notwithstanding any other provision of chapter
25 of Title 18 of the U.S. Code. It should specifically be noted that
the requirement that the term ``non-negotiable'' appear simultaneously
with the creation, production, printing, publishing and transmission of
the illustration on all copies of the illustration or any part thereof,
and on all negatives, plates, positives, digitized storage medium,
graphic files, magnetic medium, optical storage devices, or other
reproductive method does not waive or repeal the prohibition in 18
U.S.C. 333 against the mutilation or disfiguring of currency with the
intent to render such currency unfit to be reissued. Also, the criminal
liability imposed by 18 U.S.C. 474 and other applicable sections of
chapter 25 of Title 18 of the U.S. Code could apply where a color
illustration of U.S. currency fails to meet the requirements imposed by
this proposed regulation.
Executive Order 12866
It has been determined that this document is not a significant
regulatory action under Executive Order 12866. This proposed rule is
intended to permit the color illustrations of certain U.S. currency,
which at the present time are prohibited by law.
Regulatory Flexibility Act
Pursuant to section 605(b) of the Regulatory Flexibility Act and
for the reasons set forth above, it is hereby certified that this
regulation will not have a significant economic impact on a substantial
number of small entities. Accordingly, a regulatory flexibility
analysis is not required.
List of Subjects in 31 CFR Part 411
Color illustration, Currency.
For the reasons set out in the preamble, it is proposed that title
31, chapter IV of the Code of Federal Regulations be amended by adding
part 411 as set forth below.
PART 411--COLOR ILLUSTRATIONS OF UNITED STATES CURRENCY
Authority: 18 U.S.C. 504; Treasury Directive Number 15-56, 58 FR
48539 (Sept. 16, 1993)
Sec. 411.1 Color illustrations authorized.
(a) Notwithstanding any provision of chapter 25 of Title 18 of the
U.S. Code, authority is hereby given for the printing, publishing or
importation, or the making or importation of the necessary plates or
items for such printing or publishing, of color illustrations of U.S.
currency provided that:
(1) The illustration be of a size less than three-fourths or more
than one and one-half, in linear dimension, of each part of any matter
so illustrated;
(2) The term ``non-negotiable'' be placed on any illustration in
clearly legible, bold, black, block letters, being a minimum of one
quarter inch high, [[Page 32930]] and prominently and conspicuously
placed across the center portion of any illustration, covering at least
one third of the linear length of the illustration. The term ``non-
negotiable'' must appear simultaneously with the creation, production,
printing, publishing and transmission of the illustration on all copies
of the illustration or any part thereof and on all negatives, plates,
positives, digitized storage medium, graphic files, magnetic medium,
optical storage devices, or other reproductive method;
(3) The illustration be one-sided; and
(4) All negatives, plates, positives, digitized storage medium,
graphic files, magnetic medium, optical storage devices, and any other
thing used in the making of the illustration that contain an image of
the illustration or any part thereof shall be destroyed and/or deleted
or erased immediately after their final use in accordance with this
section.
(b) [Reserved]
Paul A. Hackenberry,
Assistant Director, Office of Investigations.
[FR Doc. 95-15523 Filed 6-23-95; 8:45 am]
BILLING CODE 4810-42-P