§ 5111. — Minting and issuing coins, medals, and numismatic items.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC5111]
TITLE 31--MONEY AND FINANCE
SUBTITLE IV--MONEY
CHAPTER 51--COINS AND CURRENCY
SUBCHAPTER II--GENERAL AUTHORITY
Sec. 5111. Minting and issuing coins, medals, and numismatic
items
(a) The Secretary of the Treasury--
(1) shall mint and issue coins described in section 5112 of this
title in amounts the Secretary decides are necessary to meet the
needs of the United States;
(2) may prepare national medal dies and strike national and
other medals if it does not interfere with regular minting
operations but may not prepare private medal dies;
(3) may prepare and distribute numismatic items; and
(4) may mint coins for a foreign country if the minting does not
interfere with regular minting operations, and shall prescribe a
charge for minting the foreign coins equal to the cost of the
minting (including labor, materials, and the use of machinery).
(b) The Department of the Treasury has a coinage metal fund and a
coinage profit fund. The Secretary may use the coinage metal fund to buy
metal to mint coins. The Secretary shall credit the coinage profit fund
with the amount by which the nominal value of the coins minted from the
metal exceeds the cost of the metal. The Secretary shall charge the
coinage profit fund with waste incurred in minting coins and the cost of
distributing the coins, including the cost of coin bags and pallets. The
Secretary shall deposit in the Treasury as miscellaneous receipts excess
amounts in the coinage profit fund.
(c) Procurements Relating to Coin Production.--
(1) In general.--The Secretary may make contracts, on conditions
the Secretary decides are appropriate and are in the public
interest, to acquire articles, materials, supplies, and services
(including equipment, manufacturing facilities, patents, patent
rights, technical knowledge, and assistance) necessary to produce
the coins referred to in this title.
(2) Domestic control of coinage.--(A) Subject to subparagraph
(B), in order to protect the national security through domestic
control of the coinage process, the Secretary shall acquire only
such articles, materials, supplies, and services (including
equipment, manufacturing facilities, patents, patent rights,
technical knowledge, and assistance) for the production of coins as
have been produced or manufactured in the United States unless the
Secretary determines it to be inconsistent with the public interest,
or the cost to be unreasonable, and publishes in the Federal
Register a written finding stating the basis for the determination.
(B) Subparagraph (A) shall apply only in the case of a bid or
offer from a supplier the principal place of business of which is in
a foreign country which does not accord to United States companies
the same competitive opportunities for procurements in connection
with the production of coins as it accords to domestic companies.
(3) Determination.--
(A) In general.--Any determination of the Secretary referred
to in paragraph (2) shall not be reviewable in any
administrative proceeding or court of the United States.
(B) Other rights unaffected.--This paragraph does not alter
or annul any right of review that arises under any provision of
any law or regulation of the United States other than paragraph
(2).
(4) Nothing in paragraph (2) of this subsection in any way
affects the procurement by the Secretary of gold and silver for the
production of coins by the United States Mint.
(d)(1) The Secretary may prohibit or limit the exportation, melting,
or treatment of United States coins when the Secretary decides the
prohibition or limitation is necessary to protect the coinage of the
United States.
(2) A person knowingly violating an order or license issued or
regulation prescribed under paragraph (1) of this subsection, shall be
fined not more than $10,000, imprisoned not more than 5 years, or both.
(3) Coins exported, melted, or treated in violation of an order or
license issued or regulation prescribed, and metal resulting from the
melting or treatment, shall be forfeited to the United States
Government. The powers of the Secretary and the remedies available to
enforce forfeitures are those provided in part II of subchapter C of
chapter 75 of the Internal Revenue Code of 1954 \1\ (26 U.S.C. 7321 et
seq.).
---------------------------------------------------------------------------
\1\ See References in Text note below.
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(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 980; Pub. L. 100-274, Sec. 3,
Mar. 31, 1988, 102 Stat. 49; Pub. L. 102-390, title II, Sec. 222, Oct.
6, 1992, 106 Stat. 1629.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
5111(a)(1)........................... 31:272. R.S. Sec. 3503.
31:275. R.S. Sec. 3509; Aug. 23, 1912, ch. 350,
Sec. 1(last par. words before 7th comma
under heading ``Assay Office at Salt
Lake City, Utah''), 37 Stat. 384.
31:322. R.S. Sec. 3516.
31:342. June 4, 1897, ch. 2, Sec. 1(1st par.
under heading ``Recoinage, Reissue, and
Transportation of Minor Coins''), 30
Stat. 27.
31:345. R.S. Sec. 3532; Aug. 23, 1912, ch. 350,
Sec. 1(last par. words before 7th comma
under heading ``Assay Office at Salt
Lake City, Utah''), 37 Stat. 384.
31:353. R.S. Sec. 3540; Aug. 23, 1912, ch. 350,
Sec. 1(last par. words before 7th comma
under heading ``Assay Office at Salt
Lake City, Utah''), 37 Stat. 384.
31:391(a). July 23, 1965, Pub. L. 89-81, Sec.
101(a), 79 Stat. 254; restated Dec. 31,
1970, Pub. L. 91-607, Sec. 201, 84
Stat. 1768.
5111(a)(2)........................... 31:368. R.S. Sec. 3551; Aug. 23, 1912, ch. 350,
Sec. 1(last par. words before 7th comma
under heading ``Assay Office at Salt
Lake City, Utah''), 37 Stat. 384.
5111(a)(3)........................... 31:324h. Oct. 18, 1973, Pub. L. 93-127, Sec. 5,
87 Stat. 456.
5111(a)(4)........................... 31:367. Jan. 29, 1874, ch. 19, 18 Stat. 6.
5111(b).............................. 31:340. R.S. Sec. 3528; Apr. 24, 1906, ch. 1861,
34 Stat. 132; Dec. 2, 1918, ch. 1, 40
Stat. 1051; Aug. 14, 1937, ch. 631, 50
Stat. 647; June 21, 1941, ch. 213, 55
Stat. 255; June 30, 1954, ch. 427, 68
Stat. 336; July 9, 1956, ch. 535, Sec.
1, 70 Stat. 518; restated July 23, 1965,
Pub. L. 89-81, Sec. 206(a), 79 Stat.
256.
5111(c).............................. 31:393(a). July 23, 1965, Pub. L. 89-81, Secs.
103(a), 105, 106, 79 Stat. 255.
5111(d).............................. 31:395, 396.
----------------------------------------------------------------------------------------------------------------
In subsection (a)(1), the words ``coins described in'' are
substituted for ``coins of the denominations set forth in'' in 31:391(a)
because of the restatement. The text of 31:253, 272, and 345(1st
sentence) is omitted as superseded by the source provisions restated in
section 321(c) of the revised title. The text of 31:275, 322, 342,
345(last sentence), and 353 is omitted as unnecessary because of the
restatement.
In subsection (a)(2), the words ``Secretary of the Treasury'' are
substituted for ``engraver'' and ``superintendent of coining department
of the mint at Philadelphia'' because of the source provisions restated
in section 321(c) of the revised title. The words ``under such
regulations as the superintendent, with the approval of the Director of
the Mint, may prescribe'' are omitted as unnecessary because of section
321(b) of the revised title. The words ``national medal dies'' are
substituted for ``Dies of a national character'' for clarity. The words
``or the machinery or apparatus thereof be used for that purpose'' are
omitted as unnecessary because of the restatement.
In subsection (a)(3), the words ``numismatic items'' are retained
and used throughout the revised title to apply to medals, proof coins,
uncirculated coins, numismatic accessories, and other numismatic items
to eliminate unnecessary words and for consistency. The words ``In
connection with the operations of the Bureau of the Mint'' are omitted
as unnecessary because of the restatement. The text of 31:324h(last
sentence) is omitted as unnecessary because of the source provisions
restated in section 5132(a) of the revised title.
In subsection (a)(4), the words ``may mint'' are substituted for
``It shall be lawful for coinage to be executed'' in 31:367, and the
words ``regular minting operations'' are substituted for ``required
coinage of the United States'', for consistency in the revised section.
The words ``at the mints of the United States'' and ``according to the
legally prescribed standards and devices of such country'' are omitted
as unnecessary because of the restatement. The words ``The Secretary of
the Treasury . . . shall prescribe a charge'' are substituted for ``the
charge . . . to be fixed by the Director of the Mint, with the approval
of the Secretary of the Treasury'' because of the source provisions
restated in section 321(c) of the revised title. The words ``minting the
foreign coins'' are substituted for ``the same'', for clarity. The words
``under such regulations as the Secretary of the Treasury may
prescribe'' are omitted as unnecessary because of section 321(b) of the
revised title.
In subsection (b), the first sentence is added for clarity and
because of the restatement. The words ``amount by which the nominal
value of the coins minted from the metal exceeds the cost of the metal''
are substituted for ``gain arising from the coinage of metals purchased
out of such fund into coin of a nominal value exceeding the cost of such
metals'' to eliminate unnecessary words. The words ``The Secretary shall
deposit in the Treasury as miscellaneous receipts excess amounts in the
coinage profit fund'' are substituted for ``such sums as shall from time
to time be transferred therefrom to the general fund of the Treasury''
for clarity and for consistency in the revised title.
In subsection (c), the words ``metallic strip'' are omitted as being
included in ``materials'', and the word ``terms'' is omitted as being
included in ``conditions''.
In subsection (d)(1), the words ``prohibit or limit'' are
substituted for ``prohibit, curtail, or regulate'' because of the
restatement and to eliminate unnecessary words. The words ``prohibition
or limitation'' are substituted for ``such action'' because of the
restatement. The words ``under such rules and regulations as he may
prescribe'' are omitted as unnecessary because of section 321(b) of the
revised title.
In subsection (d)(2), the word ``person'' is substituted for
``Whoever'' for consistency in the revised title.
In subsection (d)(3), the words ``and his delegates'' are omitted as
unnecessary because of the power of the Secretary to delegate under
section 321(b) of the revised title. The word ``remedies'' is
substituted for ``judicial and other remedies available to the United
States'' to eliminate unnecessary words. The words ``of property subject
to forfeiture pursuant to subsection (a) of this section'' and ``for the
enforcement of forfeitures of property subject to forfeiture under any
provision of title 26'' are omitted as unnecessary because of the
restatement.
References in Text
The Internal Revenue Code of 1954, referred to in subsec. (d)(3),
was redesignated the Internal Revenue Code of 1986 by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, and is classified generally to
Title 26, Internal Revenue Code.
Amendments
1992--Subsec. (b). Pub. L. 102-390 inserted ``, including the cost
of coin bags and pallets'' after ``distributing the coins'' in fourth
sentence.
1988--Subsec. (c). Pub. L. 100-274 inserted heading and amended
subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:
``The Secretary may make contracts on conditions the Secretary decides
are appropriate and in the public interest to acquire equipment,
manufacturing facilities, patents, patent rights, technical knowledge
and assistance, and materials necessary to produce rapidly an adequate
supply of coins referred to in section 5112(a)(1)-(4) of this title.''
Termination of Coinage Profit Fund and Coinage Metal Fund
All assets and liabilities of Coinage Profit Fund and Coinage Metal
Fund transferred to United States Mint Public Enterprise Fund and both
coinage funds to cease to exist as separate funds as their activities
and functions are subsumed under and subject to United States Mint
Public Enterprise Fund, see section 5136 of this title.
Commemorative Medals
Provisions authorizing commemorative medals were contained in the
following acts:
Pub. L. 108-180, Dec. 15, 2003, 117 Stat. 2645, recognizing Reverend
Joseph A. DeLaine, Harry and Eliza Briggs, and Levi Pearson.
Pub. L. 108-162, Dec. 6, 2003, 117 Stat. 2017, recognizing Dr.
Dorothy Irene Height.
Pub. L. 108-101, Oct. 29, 2003, 117 Stat. 1195, recognizing Jackie
Robinson.
Pub. L. 108-60, July 17, 2003, 117 Stat. 862, recognizing Prime
Minister Tony Blair.
Pub. L. 107-127, Jan. 16, 2002, 115 Stat. 2405, recognizing General
Henry H. Shelton.
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XI, Sec. 1101], Dec.
21, 2000, 114 Stat. 2763, 2763A-311, recognizing the Navajo Code
Talkers.
Pub. L. 106-251, July 27, 2000, 114 Stat. 624, recognizing Ronald
and Nancy Reagan.
Pub. L. 106-250, July 27, 2000, 114 Stat. 622, recognizing Pope John
Paul II.
Pub. L. 106-225, June 20, 2000, 114 Stat. 457, recognizing Charles
M. Schulz.
Pub. L. 106-175, Mar. 5, 2000, 114 Stat. 21, recognizing Archbishop
John Cardinal O'Connor.
Pub. L. 106-153, Dec. 9, 1999, 113 Stat. 1733, recognizing Father
Theodore M. Hesburgh.
Pub. L. 106-26, May 4, 1999, 113 Stat. 50, recognizing Rosa Parks.
Pub. L. 105-277, div. C, title I, Sec. 139(a), Oct. 21, 1998, 112
Stat. 2681-597, recognizing the individuals commonly referred to as the
``Little Rock Nine''.
Pub. L. 105-277, div. C, title I, Sec. 139(b), Oct. 21, 1998, 112
Stat. 2681-598, recognizing Gerald R. and Betty Ford.
Pub. L. 105-215, July 29, 1998, 112 Stat. 895, recognizing Nelson
Rolihlahla Mandela.
Pub. L. 105-51, Oct. 6, 1997, 111 Stat. 1170, recognizing Ecumenical
Patriarch Bartholomew.
Pub. L. 105-16, June 2, 1997, 111 Stat. 35, recognizing Mother
Teresa of Calcutta.
Pub. L. 105-14, May 14, 1997, 111 Stat. 32, recognizing Frank
Sinatra.
Pub. L. 104-201, div. A, title X, Sec. 1066, Sept. 23, 1996, 110
Stat. 2654, recognizing civilians who defended Pearl Harbor.
Pub. L. 104-111, Feb. 13, 1996, 110 Stat. 772, recognizing Billy and
Ruth Graham.
Pub. L. 103-457, Nov. 2, 1994, 108 Stat. 4799, recognizing Rabbi
Menachem Mendel Schneerson.
Pub. L. 102-479, Oct. 23, 1992, 106 Stat. 2308, commemorating the
250th anniversary of the founding of the American Philosophical Society
and of the birth of Thomas Jefferson.
Pub. L. 102-406, Oct. 12, 1992, 106 Stat. 1986, commemorating
Benjamin Franklin's contributions to American fire services.
Pub. L. 102-281, title III, May 13, 1992, 106 Stat. 137; Pub. L.
103-328, title II, Sec. 203, Sept. 29, 1994, 108 Stat. 2369, recognizing
members of the United States Armed Forces who served in a combat zone in
connection with the Persian Gulf conflict.
Pub. L. 102-33, Apr. 23, 1991, 105 Stat. 177, recognizing General
Colin L. Powell.
Pub. L. 102-32, Apr. 23, 1991, 105 Stat. 175, recognizing General H.
Norman Schwarzkopf.
Pub. L. 101-510, div. A, title XIV, Secs. 1491, 1494, Nov. 5, 1990,
104 Stat. 1720, 1722, recognizing General Matthew B. Ridgway.
Pub. L. 101-510, div. A, title XIV, Secs. 1492, 1494, Nov. 5, 1990,
104 Stat. 1721, 1722, recognizing veterans of the Armed Forces of the
United States who were present in Hawaii on Dec. 7, 1941, and
participated in combat operations that day.
Pub. L. 101-510, div. A, title XIV, Secs. 1493, 1494, Nov. 5, 1990,
104 Stat. 1722, commemorating centennial of Yosemite National Park.
Pub. L. 101-296, May 17, 1990, 104 Stat. 197, recognizing Laurance
Spelman Rockefeller.
Pub. L. 101-260, Mar. 30, 1990, 104 Stat. 122, commemorating
bicentennial of United States Coast Guard.
Pub. L. 100-639, Nov. 9, 1988, 102 Stat. 3331, recognizing Andrew
Wyeth.
Pub. L. 100-437, Secs. 1-3, Sept. 20, 1988, 102 Stat. 1717,
recognizing Jesse Owens.
Pub. L. 100-210, Secs. 1, 2, Dec. 24, 1987, 101 Stat. 1441,
recognizing Mary Lasker.
Pub. L. 99-418, Sept. 23, 1986, 100 Stat. 952, recognizing Aaron
Copland.
Pub. L. 99-311, May 20, 1986, 100 Stat. 464, recognizing Harry
Chapin.
Pub. L. 99-298, May 13, 1986, 100 Stat. 432, recognizing Natan
(Anatoly) and Avital Shcharansky.
Pub. L. 99-295, May 12, 1986, 100 Stat. 427; Pub. L. 100-210,
Sec. 3, Dec. 24, 1987, 101 Stat. 1441; Pub. L. 100-437, Sec. 4, Sept.
20, 1988, 102 Stat. 1717, commemorating the Young Astronaut Program.
Pub. L. 95-630, title IV, Secs. 401-407, Nov. 10, 1978, 92 Stat.
3679, 3680, recognizing outstanding individuals in the American arts.
Section Referred to in Other Sections
This section is referred to in sections 5112, 5116, 5120, 5132, 5135
of this title.