31 U.S.C. § 5135 — Citizens Coinage Advisory Committee

Page 421 TITLE 31—MONEY AND FINANCE § 5135 and other obligations) of the United States Mint, and the land and buildings of the San Francisco Mint, the Old San Francisco Mint, and the West Point Mint, capitalized at current book value as carried in the Mint combined statement of financial condition. ‘‘(2) EXCESS AMOUNTS TO BE DEPOSITED IN THE GENERAL FUND.—That portion of the total amount of numismatic profits for fiscal year 1992 which remains after the transfer to the Fund pursuant to paragraph (1)(A) is made shall be deposited by the Secretary in the general fund of the Treasury as soon as practicable after the end of the fiscal year. ‘‘(3) DEFINITIONS.—For purposes of paragraphs (1) and (2)— ‘‘(A) NUMISMATIC PROFIT.—The term ‘numismatic profit’ means the amount which is equal to the pro- ceeds (including seigniorage) from the sale of numis- matic items minus the costs of numismatic oper- ations and programs. ‘‘(B) NUMISMATIC RECEIVABLE.—The term ‘numis- matic receivable’ means any account receivable from numismatic operations and programs, including chargebacks, returned checks, amounts due from spe- cial order sales, and amounts due from consignment sales. ‘‘(C) OTHER TERMS.—The terms ‘Fund’ and ‘numis- matic item’ have the meaning given to such terms in the amendment made by subsection (a) [enacting this section].’’ § 5135. Citizens Coinage Advisory Committee (a) ESTABLISHMENT.— (1) IN GENERAL.—There is hereby established the Citizens Coinage Advisory Committee (in this section referred to as the ‘‘Advisory Com- mittee’’) to advise the Secretary of the Treas- ury on the selection of themes and designs for coins. (2) OVERSIGHT OF ADVISORY COMMITTEE.—The Advisory Committee shall be subject to the authority of the Secretary of the Treasury (hereafter in this section referred to as the ‘‘Secretary’’). (b) MEMBERSHIP.— (1) APPOINTMENT.—The Advisory Committee shall consist of 11 members appointed by the Secretary as follows: (A) Seven persons appointed by the Sec- retary— (i) one of whom shall be appointed from among individuals who are specially quali- fied to serve on the Advisory Committee by virtue of their education, training, or experience as a nationally or internation- ally recognized curator in the United States of a numismatic collection; (ii) one of whom shall be appointed from among individuals who are specially quali- fied to serve on the Advisory Committee by virtue of their experience in the medallic arts or sculpture; (iii) one of whom shall be appointed from among individuals who are specially quali- fied to serve on the Advisory Committee by virtue of their education, training, or experience in American history; (iv) one of whom shall be appointed from among individuals who are specially quali- fied to serve on the Advisory Committee by virtue of their education, training, or experience in numismatics; and (v) three of whom shall be appointed from among individuals who can represent the interests of the general public in the coinage of the United States. (B) Four persons appointed by the Sec- retary on the basis of the recommendations of the following officials who shall make the selection for such recommendation from among citizens who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience: (i) One person recommended by the Speaker of the House of Representatives. (ii) One person recommended by the mi- nority leader of the House of Representa- tives. (iii) One person recommended by the ma- jority leader of the Senate. (iv) One person recommended by the mi- nority leader of the Senate. (2) TERMS.— (A) IN GENERAL.—Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. (B) TERMS OF INITIAL APPOINTEES.—As des- ignated by the Secretary at the time of ap- pointment, of the members first appointed— (i) four of the members appointed under paragraph (1)(A) shall be appointed for a term of 4 years; (ii) the four members appointed under paragraph (1)(B) shall be appointed for a term of 3 years; and (iii) three of the members appointed under paragraph (1)(A) shall be appointed for a term of 2 years. (3) PRESERVATION OF PUBLIC ADVISORY STA- TUS.—No individual may be appointed to the Advisory Committee while serving as an offi- cer or employee of the Federal Government. (4) CONTINUATION OF SERVICE.—Each ap- pointed member may continue to serve for up to 6 months after the expiration of the term of office to which such member was appointed until a successor has been appointed. (5) VACANCY AND REMOVAL.— (A) IN GENERAL.—Any vacancy on the Ad- visory Committee shall be filled in the man- ner in which the original appointment was made. (B) REMOVAL.—Advisory Committee mem- bers shall serve at the discretion of the Sec- retary and may be removed at any time for good cause. (6) CHAIRPERSON.—The Chairperson of the Advisory Committee shall be appointed for a term of 1 year by the Secretary from among the members of the Advisory Committee. (7) PAY AND EXPENSES.—Members of the Ad- visory Committee shall serve without pay for such service but each member of the Advisory Committee shall be reimbursed from the United States Mint Public Enterprise Fund for travel, lodging, meals, and incidental expenses incurred in connection with attendance of such members at meetings of the Advisory Committee in the same amounts and under the same conditions as employees of the United States Mint who engage in official travel, as determined by the Secretary. Page 422 TITLE 31—MONEY AND FINANCE § 5135 (8) MEETINGS.— (A) IN GENERAL.—The Advisory Committee shall meet at the call of the Secretary, the chairperson, or a majority of the members, but not less frequently than twice annually. (B) OPEN MEETINGS.—Each meeting of the Advisory Committee shall be open to the public. (C) PRIOR NOTICE OF MEETINGS.—Timely no- tice of each meeting of the Advisory Com- mittee shall be published in the Federal Reg- ister, and timely notice of each meeting shall be made to trade publications and pub- lications of general circulation. (9) QUORUM.—Seven members of the Advisory Committee shall constitute a quorum. (c) DUTIES OF THE ADVISORY COMMITTEE.—The duties of the Advisory Committee are as follows: (1) Advising the Secretary of the Treasury on any theme or design proposals relating to circulating coinage, bullion coinage, congres- sional gold medals and national and other medals produced by the Secretary of the Treasury in accordance with section 5111 of title 31, United States Code. (2) Advising the Secretary of the Treasury with regard to— (A) the events, persons, or places that the Advisory Committee recommends be com- memorated by the issuance of commemora- tive coins in each of the 5 calendar years succeeding the year in which a commemora- tive coin designation is made; (B) the mintage level for any commemora- tive coin recommended under subparagraph (A); and (C) the proposed designs for commemora- tive coins. (d) EXPENSES.—The expenses of the Advisory Committee that the Secretary of the Treasury determines to be reasonable and appropriate shall be paid by the Secretary from the United States Mint Public Enterprise Fund. (e) ADMINISTRATIVE SUPPORT, TECHNICAL SERV- ICES, AND ADVICE.—Upon the request of the Advi- sory Committee, or as necessary for the Advi- sory Committee to carry out the responsibilities of the Advisory Committee under this section, the Director of the United States Mint shall pro- vide to the Advisory Committee the administra- tive support, technical services, and advice that the Secretary of the Treasury determines to be reasonable and appropriate. (f) CONSULTATION AUTHORITY.—In carrying out the duties of the Advisory Committee under this section, the Advisory Committee may consult with the Commission of Fine Arts. (g) ANNUAL REPORT.— (1) REQUIRED.—Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretary, the Com- mittee on Financial Services of the House of Representatives and the Committee on Bank- ing, Housing, and Urban Affairs of the Senate. Should circumstances arise in which the Advi- sory Committee cannot meet the September 30 deadline in any year, the Secretary shall ad- vise the Chairpersons of the Committee on Fi- nancial Services of the House of Representa- tives and the Committee on Banking, Housing, and Urban Affairs of the Senate of the reasons for such delay and the date on which the sub- mission of the report is anticipated. (2) CONTENTS.—The report required by para- graph (1) shall describe the activities of the Advisory Committee during the preceding year and the reports and recommendations made by the Advisory Committee to the Sec- retary of the Treasury. (h) CHAPTER 10 OF TITLE 5 DOES NOT APPLY.— Subject to the requirements of subsection (b)(8), chapter 10 of title 5 shall not apply with respect to the Committee. (Added Pub. L. 102–390, title II, § 229(a), Oct. 6, 1992, 106 Stat. 1631; amended Pub. L. 104–208, div. A, title I, § 101(f) [title V, § 529(d)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–352; Pub. L. 104–329, title III, § 303(a), Oct. 20, 1996, 110 Stat. 4014; Pub. L. 108–15, title I, § 103(a), Apr. 23, 2003, 117 Stat. 616; Pub. L. 117–286, § 4(a)(196), Dec. 27, 2022, 136 Stat. 4327.) Editorial Notes AMENDMENTS 2022—Subsec. (h). Pub. L. 117–286 substituted ‘‘Chap- ter 10 of Title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘chapter 10 of title 5’’ for ‘‘the Federal Advisory Committee Act’’ in text. 2003—Pub. L. 108–15 amended section catchline and text generally. Prior to amendment, text provided for the establishment of the Citizens Commemorative Coin Advisory Committee and contained provisions con- cerning its oversight, membership, duties, and funding, the term of each membership, and the compensation of each member. 1996—Subsec. (a)(4). Pub. L. 104–329 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘Each member ap- pointed under clause (i) or (iii) of paragraph (3)(A) shall be appointed for a term of 4 years.’’ Pub. L. 104–208, § 101(f) [title V, § 529(d)(1)], reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘No indi- vidual shall be appointed to serve as a member of the Advisory Committee for a term in excess of 5 years.’’ Subsec. (a)(7). Pub. L. 104–208, § 101(f) [title V, § 529(d)(2)], added par. (7). Statutory Notes and Related Subsidiaries ABOLISHMENT OF CITIZENS COMMEMORATIVE COIN ADVISORY COMMITTEE; CONTINUITY OF MEMBERS Pub. L. 108–15, title I, § 103(b), (c), Apr. 23, 2003, 117 Stat. 618, 619, provided that: ‘‘(b) ABOLISHMENT OF CITIZENS COMMEMORATIVE COIN ADVISORY COMMITTEE.—Effective on the date of the en- actment of this Act [Apr. 23, 2003], the Citizens Com- memorative Coin Advisory Committee (established by section 5135 of title 31, United States Code, as in effect before the amendment made by subsection (a)) is here- by abolished. ‘‘(c) CONTINUITY OF MEMBERS OF CITIZENS COMMEMO- RATIVE COIN ADVISORY COMMITTEE.—Subject to para- graphs (1) and (2) of section 5135(b) of title 31, United States Code, any person who is a member of the Citi- zens Commemorative Coin Advisory Committee on the date of the enactment of this Act [Apr. 23, 2003], other than the member of such committee who is appointed from among the officers or employees of the United States Mint, may continue to serve the remainder of the term to which such member was appointed as a member of the Citizens Coinage Advisory Committee in one of the positions as determined by the Secretary.’’ Page 423 TITLE 31—MONEY AND FINANCE § 5141 1 So in original. Probably should be ‘‘activities’’. 2 So in original. Probably should be ‘‘U.S.C.’’ 3 See References in Text note below. STAGGERED TERMS FOR MEMBERS OF CITIZENS COMMEMORATIVE COIN ADVISORY COMMITTEE Pub. L. 104–329, title III, § 303(b), Oct. 20, 1996, 110 Stat. 4014, provided that members serving on the Citizens Commemorative Coin Advisory Committee as of Oct. 20, 1996, would be deemed to have been appointed to terms which ended on Dec. 31, 1997, 1998, or 1999. STATUS OF MEMBERS OF CITIZENS COMMEMORATIVE COIN ADVISORY COMMITTEE Pub. L. 104–329, title III, § 303(c), Oct. 20, 1996, 110 Stat. 4015, provided that members appointed to the Citizens Commemorative Coin Advisory Committee under clause (i) or (iii) of subsec. (a)(3)(A) of this section would not be treated as special Government employees. § 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 avail- able without fiscal year limitations: Provided further, That all expenses incurred by the Sec- retary of the Treasury for operations and pro- grams of the United States Mint that the Sec- retary of the Treasury determines, in the Sec- retary’s sole discretion, to be ordinary and rea- sonable incidents of Mint operations and pro- grams, and any expense incurred pursuant to any obligation or other commitment of Mint op- erations and programs that was entered into be- fore the establishment of the Fund, shall be paid out of the Fund: Provided further, That not to ex- ceed 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 pro- grams previously provided for by appropriation: Provided further, That the Secretary of the Treasury may borrow such funds from the Gen- eral Fund as may be necessary to meet existing liabilities and obligations incurred prior to the receipt of revenues into the Fund: Provided fur- ther, 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 Re- serve System from the sale of circulating coins at face value for deposit into the Fund (reten- tion of receipts is for the circulating operations and programs): Provided further, That the Sec- retary of the Treasury shall transfer to the Fund all assets and liabilities of the Mint oper- ations 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 Phila- delphia Mint, Denver Mint, and the Fort Knox Bullion Depository: Provided further, That the Numismatic Public Enterprise Fund, the Coin- age 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 2 5134(c)(4), (c)(5)(B), and (d) and (e) 3 of the Numismatic Public Enterprise Fund shall apply to the Fund: Provided further, That at such times as the Secretary of the Treasury determines ap- propriate, 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, dis- tribution, marketing, purchase, sale, and man- agement of coinage, numismatic items, the pro- tection 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, numis- matic 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 con- tracts shall not be applicable to the procure- ment of goods or services necessary for carrying out Mint programs and operations. (Added Pub. L. 104–52, title V, § 522, Nov. 19, 1995, 109 Stat. 494.) Editorial Notes REFERENCES IN TEXT Section 5134(c) of this title, referred to in text, was amended by Pub. L. 108–15, title I, § 103(d)(2), Apr. 23, 2003, 117 Stat. 619, which struck out par. (4) and redesig- nated par. (5) as (4). 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 catch- line, was executed by adding this section as set out above, to reflect the probable intent of Congress. SUBCHAPTER IV—BUREAU OF ENGRAVING AND PRINTING § 5141. Operation of the Bureau (a) The Secretary of the Treasury shall pre- pare and submit to the President an annual business-type budget for the Bureau of Engrav- ing and Printing. (b)(1) The Secretary shall maintain in the Bu- reau an integrated accounting system with in- ternal controls that— (A) ensures adequate control over assets and liabilities of the Bureau of Engraving and Printing Fund described in section 5142 of this title;