
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: 31USC5136]

 
                       TITLE 31--MONEY AND FINANCE
 
                           SUBTITLE IV--MONEY
 
                     CHAPTER 51--COINS AND CURRENCY
 
                   SUBCHAPTER III--UNITED STATES MINT
 
Sec. 5136. United States Mint Public Enterprise Fund

    There shall be established in the Treasury of the United States, a 
United States Mint Public Enterprise Fund (the ``Fund'') for fiscal year 
1996 and hereafter: Provided, That all receipts from Mint operations and 
programs, including the production and sale of numismatic items, the 
production and sale of circulating coinage, the protection of Government 
assets, and gifts and bequests of property, real or personal shall be 
deposited into the Fund and shall be available without fiscal year 
limitations: Provided further, That all expenses incurred by the 
Secretary of the Treasury for operations and programs of the United 
States Mint that the Secretary of the Treasury determines, in the 
Secretary's sole discretion, to be ordinary and reasonable incidents of 
Mint operations and programs, and any expense incurred pursuant to any 
obligation or other commitment of Mint operations and programs that was 
entered into before the establishment of the Fund, shall be paid out of 
the Fund: Provided further, That not to exceed 6.2415 percent of the 
nominal value of the coins minted, shall be paid out of the Fund for the 
circulating coin operations and programs in fiscal year 1996 for those 
operations and programs previously provided for by appropriation: 
Provided further, That the Secretary of the Treasury may borrow such 
funds from the General Fund as may be necessary to meet existing 
liabilities and obligations incurred prior to the receipt of revenues 
into the Fund: Provided further, That the General Fund shall be 
reimbursed for such funds by the Fund within one year of the date of the 
loan: Provided further, That the Fund may retain receipts from the 
Federal Reserve System from the sale of circulating coins at face value 
for deposit into the Fund (retention of receipts is for the circulating 
operations and programs): Provided further, That the Secretary of the 
Treasury shall transfer to the Fund all assets and liabilities of the 
Mint operations and programs, including all Numismatic Public Enterprise 
Fund assets and liabilities, all receivables, unpaid obligations and 
unobligated balances from the Mint's appropriation, the Coinage Profit 
Fund, and the Coinage Metal Fund, and the land and buildings of the 
Philadelphia Mint, Denver Mint, and the Fort Knox Bullion Depository: 
Provided further, That the Numismatic Public Enterprise Fund, the 
Coinage Profit Fund and the Coinage Metal Fund shall cease to exist as 
separate funds as their activites \1\ and functions are subsumed under 
and subject to the Fund, and the requirements of 31 USC 5134(c)(4), 
(c)(5)(B), and (d) and (e) of the Numismatic Public Enterprise Fund 
shall apply to the Fund: Provided further, That at such times as the 
Secretary of the Treasury determines appropriate, but not less than 
annually, any amount in the Fund that is determined to be in excess of 
the amount required by the Fund shall be transferred to the Treasury for 
deposit as miscellaneous receipts: Provided further, That the term 
``Mint operations and programs'' means (1) the activities concerning, 
and assets utilized in, the production, administration, distribution, 
marketing, purchase, sale, and management of coinage, numismatic items, 
the protection and safeguarding of Mint assets and those non-Mint assets 
in the custody of the Mint, and the Fund; and (2) includes capital, 
personnel salaries and compensation, functions relating to operations, 
marketing, distribution, promotion, advertising, official reception and 
representation, the acquisition or replacement of equipment, the 
renovation or modernization of facilities, and the construction or 
acquisition of new buildings: Provided further, That the term 
``numismatic item'' includes any medal, proof coin, uncirculated coin, 
bullion coin, numismatic collectible, other monetary issuances and 
products and accessories related to any such medal or coin: Provided 
further, That provisions of law governing procurement or public 
contracts shall not be applicable to the procurement of goods or 
services necessary for carrying out Mint programs and operations.
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    \1\ So in original. Probably should be ``activities''.
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(Added Pub. L. 104-52, title V, Sec. 522, Nov. 19, 1995, 109 Stat. 494.)

                          Codification

    Section 522 of Pub. L. 104-52, which directed the amendment of 
subchapter III of chapter 51 of this title by adding at the end thereof 
a new section, but had the ending quotation marks following the section 
catchline, was executed by adding this section as set out above, to 
reflect the probable intent of Congress.

                  Section Referred to in Other Sections

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