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Page 363 TITLE 31— AND FINANCE § 5141

States Mint, may continue to serve the remainder of Bullion Depository: Provided further, That the the term to which such member was appointed as a Numismatic Public Enterprise Fund, the - member of the Citizens Coinage Advisory Committee in age Profit Fund and the Coinage Metal Fund one of the positions as determined by the Secretary.’’ shall cease to exist as separate funds as their 1 STAGGERED TERMS FOR MEMBERS OF CITIZENS activites and functions are subsumed under and COMMEMORATIVE COIN ADVISORY COMMITTEE subject to the Fund, and the requirements of 31 2 Pub. L. 104–329, title III, § 303(b), Oct. 20, 1996, 110 Stat. USC 5134(c)(4), (c)(5)(B), and (d) and (e) of the 4014, provided that members serving on the Citizens Numismatic Public Enterprise Fund shall apply Commemorative Coin Advisory Committee as of Oct. to the Fund: Provided further, That at such times 20, 1996, would be deemed to have been appointed to as the Secretary of the Treasury determines ap- terms which ended on Dec. 31, 1997, 1998, or 1999. propriate, but not less than annually, any amount in the Fund that is determined to be in STATUS OF MEMBERS OF CITIZENS COMMEMORATIVE COIN ADVISORY COMMITTEE excess of the amount required by the Fund shall be transferred to the Treasury for as Pub. L. 104–329, title III, § 303(c), Oct. 20, 1996, 110 Stat. miscellaneous receipts: Provided further, That 4015, provided that members appointed to the Citizens the term ‘‘Mint operations and programs’’ Commemorative Coin Advisory Committee under clause (i) or (iii) of subsec. (a)(3)(A) of this section means (1) the activities concerning, and assets would not be treated as special Government employees. utilized in, the production, administration, dis- tribution, marketing, purchase, sale, and man- § 5136. Public Enterprise agement of coinage, numismatic items, the pro- Fund tection and safeguarding of Mint assets and those non-Mint assets in the custody of the There shall be established in the Treasury of Mint, and the Fund; and (2) includes capital, the United States, a United States Mint Public personnel salaries and compensation, functions Enterprise Fund (the ‘‘Fund’’) for fiscal year relating to operations, marketing, distribution, Provided 1996 and hereafter: , That all receipts promotion, advertising, official reception and from Mint operations and programs, including representation, the acquisition or replacement the production and sale of numismatic items, of equipment, the renovation or modernization the production and sale of circulating coinage, of facilities, and the construction or acquisition the protection of Government assets, and gifts of new buildings: Provided further, That the term and bequests of property, real or personal shall ‘‘numismatic item’’ includes any , proof be deposited into the Fund and shall be avail- coin, uncirculated coin, , numis- Provided able without fiscal year limitations: matic collectible, other monetary issuances and further , That all expenses incurred by the Sec- products and accessories related to any such retary of the Treasury for operations and pro- medal or coin: Provided further, That provisions grams of the United States Mint that the Sec- of law governing procurement or public con- retary of the Treasury determines, in the Sec- tracts shall not be applicable to the procure- retary’s sole discretion, to be ordinary and rea- ment of goods or services necessary for carrying sonable incidents of Mint operations and pro- out Mint programs and operations. grams, and any expense incurred pursuant to any obligation or other commitment of Mint op- (Added Pub. L. 104–52, title V, § 522, Nov. 19, 1995, erations and programs that was entered into be- 109 Stat. 494.) fore the establishment of the Fund, shall be paid REFERENCES IN TEXT out of the Fund: Provided further, That not to ex- Section 5134(c) of this title, referred to in text, was ceed 6.2415 percent of the nominal value of the amended by Pub. L. 108–15, title I, § 103(d)(2), Apr. 23, minted, shall be paid out of the Fund for 2003, 117 Stat. 619, which struck out par. (4) and redesig- the circulating coin operations and programs in nated par. (5) as (4). fiscal year 1996 for those operations and pro- grams previously provided for by appropriation: CODIFICATION Provided further, That the Secretary of the Section 522 of Pub. L. 104–52, which directed the Treasury may borrow such funds from the Gen- amendment of subchapter III of chapter 51 of this title eral Fund as may be necessary to meet existing by adding at the end thereof a new section, but had the ending quotation marks following the section catch- liabilities and obligations incurred prior to the line, was executed by adding this section as set out receipt of revenues into the Fund: Provided fur- above, to reflect the probable intent of Congress. ther, That the General Fund shall be reimbursed for such funds by the Fund within one year of SUBCHAPTER IV—BUREAU OF ENGRAVING the date of the loan: Provided further, That the AND PRINTING Fund may retain receipts from the Federal Re- § 5141. Operation of the Bureau serve System from the sale of circulating coins at face value for deposit into the Fund (reten- (a) The Secretary of the Treasury shall pre- tion of receipts is for the circulating operations pare and submit to the President an annual and programs): Provided further, That the Sec- business-type budget for the Bureau of Engrav- retary of the Treasury shall transfer to the ing and Printing. Fund all assets and liabilities of the Mint oper- (b)(1) The Secretary shall maintain in the Bu- ations and programs, including all Numismatic reau an integrated accounting system with in- Public Enterprise Fund assets and liabilities, all ternal controls that— receivables, unpaid obligations and unobligated (A) ensures adequate control over assets and balances from the Mint’s appropriation, the liabilities of the Bureau of Engraving and Coinage Profit Fund, and the Coinage Metal Fund, and the land and buildings of the Phila- 1 So in original. Probably should be ‘‘activities’’. delphia Mint, Denver Mint, and the Fort Knox 2 See References in Text note below.