
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 106-445 Section 2(a)]
[CITE: 31USC5132]

 
                       TITLE 31--MONEY AND FINANCE
 
                           SUBTITLE IV--MONEY
 
                     CHAPTER 51--COINS AND CURRENCY
 
                   SUBCHAPTER III--UNITED STATES MINT
 
Sec. 5132. Administrative

    (a)(1) Except as provided in this chapter, the Secretary of the 
Treasury shall deposit in the Treasury as miscellaneous receipts amounts 
the Secretary receives from the operations of the United States Mint. 
Expenditures made from appropriated funds which are subsequently 
determined to be properly chargeable to the Numismatic Public Enterprise 
Fund established by section 5134 shall be reimbursed by such Fund to the 
appropriation. The Secretary shall annually sell to the public, directly 
and by mail, sets of uncirculated and proof coins minted under 
paragraphs (1) through (6) of section 5112(a) of this title, and shall 
solicit such sales through the use of the customer list of the United 
States Mint. Except with respect to amounts deposited in the Numismatic 
Public Enterprise Fund in accordance with section 5134, the Secretary 
may not use amounts the Secretary receives from profits on minting coins 
or from charges on gold or silver bullion under section 5122 to pay 
officers and employees.
    (2)(A) In addition to the coins described in paragraph (1), the 
Secretary shall sell annually to the public directly and by mail, sets 
of proof coins minted under paragraphs (1) through (6) of section 
5112(a).
    (B) Notwithstanding any other provision of law, for purposes of this 
paragraph--
        (i) the coins described in paragraphs (2) through (4) of section 
    5112(a) shall be made of an alloy of 90 percent silver and 10 
    percent copper; and
        (ii) all coins minted under this paragraph shall have a mint 
    mark indicating the place of manufacture.

    (C) All coins minted under this paragraph shall be considered to 
be--
        (i) numismatic items for purposes of paragraph (1) and section 
    5111(a)(3); and
        (ii) legal tender, as provided in section 5103.

    (D) The Secretary shall obtain silver for coins minted under this 
paragraph by purchase from stockpiles established under the Strategic 
and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). At such 
time as the silver stockpile is depleted, the Secretary shall obtain 
silver for such coins by purchase of silver mined from natural deposits 
in the United States or in a territory or possession of the United 
States not more than 1 year following the month in which the ore from 
which it is derived was mined. The Secretary shall pay not more than the 
average world price for such silver. The Secretary may issue such 
regulations as may be necessary to carry out this subparagraph.
    (3) Not more than $54,208,000 may be appropriated to the Secretary 
for the fiscal year ending on September 30, 1993, to pay costs of the 
mints. Not more than $965,000 of amounts appropriated pursuant to the 
preceding sentence shall remain available until expended for research 
and development.
    (b) To the extent the Secretary decides is necessary, the Secretary 
may use amounts received from depositors for refining bullion and the 
proceeds from the sale of byproducts (including spent acids from surplus 
bullion recovered in refining processes) to pay the costs of refining 
the bullion (including labor, material, waste, and loss on the sale of 
sweeps). The Secretary may not use amounts appropriated for the mints to 
pay those costs.
    (c) The Secretary shall make an annual report at the end of each 
fiscal year on the operation of the United States Mint.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 988; Pub. L. 97-452, 
Sec. 1(21), Jan. 12, 1983, 96 Stat. 2477; Pub. L. 98-151, Sec. 123, Nov. 
14, 1983, 97 Stat. 979; Pub. L. 98-216, Sec. 1(7), Feb. 14, 1984, 98 
Stat. 4; Pub. L. 99-61, title II, Sec. 204, July 9, 1985, 99 Stat. 116; 
Pub. L. 99-185, Sec. 2(e), Dec. 17, 1985, 99 Stat. 1178; Pub. L. 100-
274, Secs. 1, 2(c)(3), Mar. 31, 1988, 102 Stat. 48; Pub. L. 101-585, 
Sec. 2, Nov. 15, 1990, 104 Stat. 2874; Pub. L. 102-390, title II, 
Secs. 211, 221(c)(1), 225(b)(3), (4), Oct. 6, 1992, 106 Stat. 1624, 
1628, 1629; Pub. L. 106-445, Sec. 2(a), Nov. 6, 2000, 114 Stat. 1931.)

                                          Historical and Revision Notes
                                                    1982 Act
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
5132(a)..............................  31:273(1st, 2d sentences).      R.S. Sec
.  3506(1st, 2d sentences).
                                       31:369.                         R.S. Sec
.  3552; restated May 10, 1950,
                                                                        ch. 172
, 64 Stat. 157; Sept. 5, 1962,
                                                                        Pub. L.
 87-643, Sec.  2, 76 Stat. 440;
                                                                        Aug. 13
, 1981, Pub. L. 97-35, Sec.
                                                                        382(b)(
1), 95 Stat. 432.
5132(b)..............................  31:361(1st sentence words       June 19,
 1878, ch. 329, Sec.  1(2d
                                        after 1st comma, last           sentenc
e words before last semicolon on
                                        sentence).                      p. 191)
, 20 Stat. 191.
                                       ..............................  July 7, 
1898, ch. 571(7th par. 1st
                                                                        sentenc
e words after 1st comma, last
                                                                        sentenc
e under heading ``Mints and Assay
                                                                        Offices
''), 30 Stat. 661.
5132(c)..............................  31:253.                         R.S. Sec
.  345.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1), the words ``Secretary of the Treasury shall 
deposit in the Treasury as miscellaneous receipts'' are substituted for 
``shall . . . be covered into the Treasury'' in 31:369 because of the 
source provisions restated in section 321(c) of the revised title. The 
words ``amounts the Secretary receives from the operations of the Bureau 
of the Mint'' are substituted for ``The money arising from all charges 
and deductions on and from gold and silver bullion and from all other 
sources'' for clarity and to eliminate unnecessary words. The words 
``amounts from'' are substituted for ``money arising from the 
manufacture and sale of'' to eliminate unnecessary words. The words 
``numismatic items'' are substituted for ``medals, proof coins, and 
uncirculated coins'' for consistency with section 5111(a)(3) of the 
revised title. The words ``minting coins'' are substituted for ``silver 
or minor coinage'' for consistency with section 5112 of the revised 
title. The words ``made by law'' are omitted as surplus. The words ``on 
estimates furnished by the Secretary of the Treasury'' are omitted 
because of section 1108 of the revised title. The text of 31:273(1st, 2d 
sentences) is omitted because of section 321 of the revised title and 
the other source provisions restated in this chapter.
    In subsection (a)(2), the words ``ending September 30'' are added 
for clarity and consistency in the revised title. The words ``to pay 
costs'' are substituted for ``for all expenditures (salaries and 
expenses)'' for consistency in the revised title and to eliminate 
unnecessary words. The words ``not herein otherwise provided for'' are 
omitted as surplus.
    In subsection (b), the word ``refining'' is substituted for 
``parting and refining'' for consistency in the revised chapter. The 
words ``mints and assay offices'' are substituted for ``coinage mints 
and assay office at New York'' because of the source provisions restated 
in section 5131(b) of the revised title. The words ``pursuant to law'' 
are omitted as surplus.
    In subsection (c), the text of 31:253(less 18th-38th words) is 
omitted as superseded by the source provisions restated in section 
321(c) of the revised title.

                                                    1983 Act
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
5132(a)(2)...........................  31 App.:369.                    Sept. 8,
 1982, Pub. L. 97-253, Sec.  202,
                                                                        96 Stat
. 790.
-------------------------------------------------------------------------------
---------------------------------

                            1984 Act

    This is necessary because the language was restated by section 
382(h)(1) of the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 97-
35, 95 Stat. 432) but inadvertently codified as 31:5132(a)(1) (last 
sentence) by section 1 of the Act of September 13, 1982 (Pub. L. 97-258, 
96 Stat. 989.)

                       References in Text

    The Strategic and Critical Materials Stock Piling Act, referred to 
in subsec. (a)(2)(D), is act June 7, 1939, ch. 190, as revised generally 
by Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat. 319, which is 
classified generally to subchapter III (Sec. 98 et seq.) of chapter 5 of 
Title 50, War and National Defense. For complete classification of this 
Act to the Code, see section 98 of Title 50 and Tables.


                               Amendments

    2000--Subsec. (a)(2)(B)(i). Pub. L. 106-445 substituted ``paragraphs 
(2)'' for ``paragraphs (1)''.
    1992--Subsec. (a)(1). Pub. L. 102-390, Sec. 225(b)(3), substituted 
``United States Mint'' for ``Bureau of the Mint'' in two places.
    Pub. L. 102-390, Sec. 221(c)(1)(A), amended second sentence 
generally. Prior to amendment, second sentence read as follows: 
``However, amounts from numismatic items shall be reimbursed to the 
current appropriation used to pay the cost of preparing and selling the 
items.''
    Pub. L. 102-390, Sec. 221(c)(1)(B), amended last sentence generally. 
Prior to amendment, last sentence read as follows: ``The Secretary may 
not use amounts the Secretary receives from profits on minting coins or 
from charges on gold or silver bullion under section 5122 of this title 
to pay officers and employees.''
    Subsec. (a)(3) to (5). Pub. L. 102-390, Sec. 211, which directed the 
substitution of ``$54,208,000'' for ``$46,511,000'' and ``1993'' for 
``1988'' in par. (2), and the striking out of pars. (3) and (4), was 
executed by making the substitution in par. (3) and striking out pars. 
(4) and (5) to reflect the probable intent of Congress and the 
intervening amendment by Pub. L. 101-585 redesignating pars. (2) to (4) 
as (3) to (5). See 1990 Amendment note below. Prior to being struck out, 
par. (4) provided that not more than $75,000 be expended for purpose of 
hosting International Mint Directors' Conference in the United States in 
1988, and par. (5) authorized Director of the Mint to collect from 
participants at Conference reasonable fees and assessments in connection 
with Conference, administer such amounts, and spend such amounts to pay 
expenses incurred in connection with Conference.
    Subsec. (c). Pub. L. 102-390, Sec. 225(b)(4), substituted ``United 
States Mint'' for ``Bureau''.
    1990--Subsec. (a)(2) to (5). Pub. L. 101-585 added par. (2), 
redesignated former pars. (2) to (4) as (3) to (5), respectively, and 
substituted ``(3)'' for ``(2)'' in par. (4).
    1988--Subsec. (a)(2) to (4). Pub. L. 100-274, Sec. 1, added pars. 
(2) to (4) and struck out former par. (2) which read as follows: ``Not 
more than $50,165,000 may be appropriated to the Secretary for the 
fiscal year ending September 30, 1983, to pay costs of the mints and 
assay offices.''
    Subsec. (b). Pub. L. 100-274, Sec. 2(c)(3), struck out ``and assay 
offices'' after ``amounts appropriated for the mints'' in last sentence.
    1985--Subsec. (a)(1). Pub. L. 99-185 inserted ``paragraphs (1) 
through (6) of'' before ``section 5112(a) of this title''.
    Pub. L. 99-61 inserted ``minted under section 5112(a) of this 
title'' after ``proof coins''.
    1984--Subsec. (a)(1). Pub. L. 98-216 struck out provision requiring 
the Secretary to pay the costs of the mints and assay offices not 
provided for in this subsection out of appropriations.
    1983--Subsec. (a)(1). Pub. L. 98-151 inserted provisions relating to 
authority of Secretary to sell sets of uncirculated and proof coins and 
solicitation of such sales through the customer lists of the Bureau of 
the Mint.
    Subsec. (a)(2). Pub. L. 97-452 substituted ``$50,165,000'' for 
``$54,706,000'', and ``1983'' for ``1982''.


                    Effective Date of 1992 Amendment

    Section 221(e) of Pub. L. 102-390 provided that: ``The amendments 
made by this section [enacting section 5134 of this title, amending this 
section, amending and repealing provisions set out as notes under 
section 5112 of this title] shall apply with respect to fiscal years 
beginning after fiscal year 1992.''


                    Effective Date of 1985 Amendments

    Amendment by Pub. L. 99-185 effective Oct. 1, 1985, except that no 
coins may be issued or sold under section 5112(i) of this title before 
Oct. 1, 1986, see section 3 of Pub. L. 99-185, set out as a note under 
section 5112 of this title.
    Amendment by Pub. L. 99-61 effective Oct. 1, 1985, with exception as 
to issuance or sale of coins under section 5112(e) of this title, see 
section 205 of Pub. L. 99-61, set out as a note under section 5112 of 
this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-216 effective Sept. 13, 1982, see section 
4(c) of Pub. L. 98-216, set out as a note under section 490 of Title 18, 
Crimes and Criminal Procedure.


            Termination of Numismatic Public Enterprise Fund

    All assets and liabilities of Numismatic Public Enterprise Fund 
transferred to United States Mint Public Enterprise Fund and Numismatic 
Public Enterprise Fund to cease to exist as separate fund as its 
activities and functions are subsumed under and subject to United States 
Mint Public Enterprise Fund, see section 5136 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 5112 of this title.
