31 USC Section 5111 Minting and issuing coins, medals, and numismatice ites

Page 281

§ 5111

TITLE 31—MONEY AND FINANCE

EFFECTIVE DATE OF 1983 AMENDMENT
Amendment effective Sept. 13, 1982, see section 2(i) of
Pub. L. 97–452, set out as a note under section 3331 of
this title.

SUBCHAPTER II—GENERAL AUTHORITY
§ 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 oppor-

tunities 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.).
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 980; Pub.
L. 100–274, § 3, Mar. 31, 1988, 102 Stat. 49; Pub. L.
102–390, title II, § 222, Oct. 6, 1992, 106 Stat. 1629.)
HISTORICAL AND REVISION NOTES
Revised
Section
5111(a)(1)

Source (U.S. Code)
31:272.
31:275.

31:322.
31:342.

31:345.

31:353.

31:391(a).

5111(a)(2)

31:368.

5111(a)(3)

31:324h.

5111(a)(4)

31:367.

1 See

Source (Statutes at Large)
R.S. § 3503.
R.S. § 3509; Aug. 23, 1912, ch.
350, § 1(last par. words before
7th comma under heading
‘‘Assay Office at Salt Lake
City, Utah’’), 37 Stat. 384.
R.S. § 3516.
June 4, 1897, ch. 2, § 1(1st par.
under heading ‘‘Recoinage,
Reissue, and Transportation
of Minor Coins’’), 30 Stat.
27.
R.S. § 3532; Aug. 23, 1912, ch.
350, § 1(last par. words before
7th comma under heading
‘‘Assay Office at Salt Lake
City, Utah’’), 37 Stat. 384.
R.S. § 3540; Aug. 23, 1912, ch.
350, § 1(last par. words before
7th comma under heading
‘‘Assay Office at Salt Lake
City, Utah’’), 37 Stat. 384.
July 23, 1965, Pub. L. 89–81,
§ 101(a), 79 Stat. 254; restated
Dec. 31, 1970, Pub. L. 91–607,
§ 201, 84 Stat. 1768.
R.S. § 3551; Aug. 23, 1912, ch.
350, § 1(last par. words before
7th comma under heading
‘‘Assay Office at Salt Lake
City, Utah’’), 37 Stat. 384.
Oct. 18, 1973, Pub. L. 93–127,
§ 5, 87 Stat. 456.
Jan. 29, 1874, ch. 19, 18 Stat. 6.

References in Text note below.

§ 5111

TITLE 31—MONEY AND FINANCE

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

5111(b) .....

31:340.

5111(c) .....

31:393(a).

5111(d) .....

31:395, 396.

Source (Statutes at Large)
R.S. § 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, § 1, 70
Stat. 518; restated July 23,
1965, Pub. L. 89–81, § 206(a),
79 Stat. 256.
July 23, 1965, Pub. L. 89–81,
§§ 103(a), 105, 106, 79 Stat.
255.

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.

Page 282

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, § 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. 109–395, Dec. 14, 2006, 120 Stat. 2708, recognizing Dr. Norman E. Borlaug.
Pub. L. 109–357, Oct. 16, 2006, 120 Stat. 2044, recognizing Byron Nelson.
Pub. L. 109–287, Sept. 27, 2006, 120 Stat. 1231, recognizing the Fourteenth Dalai Lama.
Pub. L. 109–213, Apr. 11, 2006, 120 Stat. 322, recognizing
the Tuskegee Airmen.
Pub. L. 108–447, div. B, title I, § 124, Dec. 8, 2004, 118
Stat. 2871, as amended by Pub. L. 109–13, div. A, title
VI, § 6060, May 11, 2005, 119 Stat. 297, recognizing members of public safety agencies killed in the terrorist attacks in the United States on Sept. 11, 2001.
Pub. L. 108–368, Oct. 25, 2004, 118 Stat. 1746, recognizing Reverend Doctor Martin Luther King, Jr. and his
widow Coretta Scott King.
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.

Page 283

TITLE 31—MONEY AND FINANCE

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, § 1(a)(4) [div. B, title XI, § 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, § 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, § 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, § 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, § 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, §§ 1491, 1494, Nov. 5,
1990, 104 Stat. 1720, 1722, recognizing General Matthew
B. Ridgway.
Pub. L. 101–510, div. A, title XIV, §§ 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, §§ 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, §§ 1–3, Sept. 20, 1988, 102 Stat. 1717, recognizing Jesse Owens.
Pub. L. 100–210, §§ 1, 2, Dec. 24, 1987, 101 Stat. 1441, recognizing Mary Lasker.
Pub. L. 99–418, Sept. 23, 1986, 100 Stat. 952, recognizing
Aaron Copland.

§ 5112

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, § 3, Dec. 24, 1987, 101 Stat. 1441; Pub. L. 100–437,
§ 4, Sept. 20, 1988, 102 Stat. 1717, commemorating the
Young Astronaut Program.
Pub. L. 95–630, title IV, §§ 401–407, Nov. 10, 1978, 92
Stat. 3679, 3680, recognizing outstanding individuals in
the American arts.

§ 5112. Denominations, specifications, and design
of coins
(a) The Secretary of the Treasury may mint
and issue only the following coins:
(1) a dollar coin that is 1.043 inches in diameter.
(2) a half dollar coin that is 1.205 inches in
diameter and weighs 11.34 grams.
(3) a quarter dollar coin that is 0.955 inch in
diameter and weighs 5.67 grams.
(4) a dime coin that is 0.705 inch in diameter
and weighs 2.268 grams.
(5) a 5-cent coin that is 0.835 inch in diameter and weighs 5 grams.
(6) except as provided under subsection (c) of
this section, a one-cent coin that is 0.75 inch
in diameter and weighs 3.11 grams.
(7) A fifty dollar gold coin that is 32.7 millimeters in diameter, weighs 33.931 grams, and
contains one troy ounce of fine gold.
(8) A twenty-five dollar gold coin that is 27.0
millimeters in diameter, weighs 16.966 grams,
and contains one-half troy ounce of fine gold.
(9) A ten dollar gold coin that is 22.0 millimeters in diameter, weighs 8.483 grams, and
contains one-fourth troy ounce of fine gold.
(10) A five dollar gold coin that is 16.5 millimeters in diameter, weighs 3.393 grams, and
contains one-tenth troy ounce of fine gold.
(11) A $50 gold coin that is of an appropriate
size and thickness, as determined by the Secretary, weighs 1 ounce, and contains 99.99 percent pure gold.
(b) The half dollar, quarter dollar, and dime
coins are clad coins with 3 layers of metal. The
2 identical outer layers are an alloy of 75 percent copper and 25 percent nickel. The inner
layer is copper. The outer layers are metallurgically bonded to the inner layer and weigh at
least 30 percent of the weight of the coin. The
dollar coin shall be golden in color, have a distinctive edge, have tactile and visual features
that make the denomination of the coin readily
discernible, be minted and fabricated in the
United States, and have similar metallic, anticounterfeiting properties as United States coinage in circulation on the date of enactment of
the United States $1 Coin Act of 1997. The 5-cent
coin is an alloy of 75 percent copper and 25 percent nickel. In minting 5-cent coins, the Secretary shall use bars that vary not more than 2.5
percent from the percent of nickel required. Except as provided under subsection (c) of this section, the one-cent coin is an alloy of 95 percent
copper and 5 percent zinc. In minting gold coins,
the Secretary shall use alloys that vary not
more than 0.1 percent from the percent of gold
required. The specifications for alloys are by
weight.