§ 5134. Numismatic Public Enterprise Fund
(a)
Definitions.—
For purposes of this section—
(3)
Numismatic item.—
The term “numismatic item” means any medal, proof coin, uncirculated coin, bullion coin, or other coin specifically designated by statute as a numismatic item, including products and accessories related to any such medal, coin, or item.
(4)
Numismatic operations and programs.—
The term “numismatic operations and programs”—
(A)
means the activities concerning, and assets utilized in, the production, administration, sale, and management of numismatic items and the Numismatic Public Enterprise Fund; and
(B)
includes capital, personnel salaries, functions relating to operations, marketing, distribution, promotion, advertising, and official reception and representation, the acquisition or replacement of equipment, and the renovation or modernization of facilities (other than the construction or acquisition of new buildings).
(b)
Establishment of Fund.—
There is hereby established in the Treasury of the United States a revolving Numismatic Public Enterprise Fund consisting of amounts deposited in the fund [1] under subsection (c)(2) of this section or section 221(b) of the United States Mint Reauthorization and Reform Act of 1992 which shall be available to the Secretary for numismatic operations and programs of the United States Mint without fiscal year limitation.
(c)
Operations of the Fund.—
(1)
Payment of expenses.—
Any expense incurred by the Secretary for numismatic operations and programs which the Secretary determines, in the Secretary’s sole discretion, to be ordinary and reasonable incidents of the numismatic business shall be paid out of the Fund, including any expense incurred pursuant to any obligation or other commitment of Mint numismatic operations and programs which was entered into before the beginning of fiscal year 1993.
(2)
Deposit of receipts.—
All receipts from numismatic operations and programs shall be deposited into the Fund, including amounts attributable to any surcharge imposed with respect to the sale of any numismatic item.
(3)
Transfer of seigniorage.—
The Secretary shall transfer monthly from the Fund to the general fund of the Treasury an amount equal to the total amount on the seigniorage of numismatic items sold since the date of any preceding transfer.
(4)
Transfer of excess amounts to the treasury.—
(A)
In general.—
At such times as the Secretary determines to be appropriate, the Secretary shall transfer any amount in the Fund which the Secretary determines to be in excess of the amount required by the Fund to the Treasury for deposit as miscellaneous receipts.
(B)
Report to congress.—
The Secretary shall submit an annual report to the Congress containing—
(i)
a statement of the total amount transferred to the Treasury pursuant to subparagraph (A) during the period covered by the report;
(d)
Budget Treatment.—
(1)
In general.—
The Secretary shall prepare budgets for the Fund, and estimates and statements of financial condition of the Fund in accordance with the requirements of section
9103 which shall be submitted to the President for inclusion in the budget submitted under section
1105.
(2)
Inclusion in annual report.—
Statements of the financial condition of the Fund shall be included in the Secretary’s annual report on the operation of the Mint.
(3)
Treatment as wholly owned government corporation for certain purposes.—
Section
9104 shall apply to the Fund to the same extent such section applies to wholly owned Government corporations.
(e)
Financial Statements, Audits, and Reports.—
(1)
Annual financial statement required.—
By the end of each calendar year, the Secretary shall prepare an annual financial statement of the Fund for the fiscal year which ends during such calendar year.
(2)
Contents of financial statement.—
Each statement prepared pursuant to paragraph (1) shall, at a minimum, contain—
(A)
the overall financial position (including assets and liabilities) of the Fund as of the end of the fiscal year;
(E)
a supplemental schedule detailing—
(3)
Annual audits.—
(A)
In general.—
Each annual financial statement prepared under paragraph (1) shall be audited—
(4)
Annual report on fund.—
(A)
Report required.—
By April 30 of each year, the Secretary shall submit a report on the Fund for the most recently completed fiscal year to the President, the Congress, and the Director of the Office of Management and Budget.
(B)
Contents of annual report.—
The annual report required under subparagraph (A) for any fiscal year shall include—
(iv)
a summary of information relating to numismatic operations and programs contained in the reports on systems on internal accounting and administrative controls and accounting systems submitted to the President and the Congress under section
3512
(c);
(v)
a summary of the corrective actions taken with respect to material weaknesses relating to numismatic operations and programs identified in the reports prepared under section
3512
(c);
(5)
Marketing report.—
(f)
Conditions on Payment of Surcharges to Recipient Organizations.—
(1)
Payment of surcharges.—
(A)
In general.—
Notwithstanding any other provision of law, no amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall be paid from the fund [1] to any designated recipient organization unless—
(i)
all numismatic operation and program costs allocable to the program under which such numismatic item is produced and sold have been recovered; and
(ii)
the designated recipient organization submits an audited financial statement that demonstrates, to the satisfaction of the Secretary, that, with respect to all projects or purposes for which the proceeds of such surcharge may be used, the organization has raised funds from private sources for such projects and purposes in an amount that is equal to or greater than the total amount of the proceeds of such surcharge derived from the sale of such numismatic item.
(B)
Unpaid amounts.—
If any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item that may otherwise be paid from the fund,[1] under any provision of law relating to such numismatic item, to any designated recipient organization remains unpaid to such organization solely by reason of the matching fund requirement contained in subparagraph (A)(ii) after the end of the 2-year period beginning on the later of—
(2)
Annual audits.—
(A)
Annual audits of recipients required.—
Each designated recipient organization that receives any payment from the fund [1] of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall provide, as a condition for receiving any such amount, for an annual audit, in accordance with generally accepted government auditing standards by an independent public accountant selected by the organization, of all such payments to the organization beginning in the first fiscal year of the organization in which any such amount is received and continuing until all amounts received by such organization from the fund [1] with respect to such surcharges are fully expended or placed in trust.
(B)
Minimum requirements for annual audits.—
At a minimum, each audit of a designated recipient organization pursuant to subparagraph (A) shall report—
(i)
the amount of payments received by the designated recipient organization from the fund [1] during the fiscal year of the organization for which the audit is conducted that are derived from the proceeds of any surcharge imposed on the sale of any numismatic item;
(C)
Responsibility of organization to account for expenditures of surcharges.—
Each designated recipient organization that receives any payment from the fund [1] of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall take appropriate steps, as a condition for receiving any such payment, to ensure that the receipt of the payment and the expenditure of the proceeds of such surcharge by the organization in each fiscal year of the organization can be accounted for separately from all other revenues and expenditures of the organization.
(D)
Submission of audit report.—
Not later than 90 days after the end of any fiscal year of a designated recipient organization for which an audit is required under subparagraph (A), the organization shall—
(E)
Use of surcharges for audits.—
Any designated recipient organization that receives any payment from the fund [1] of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item may use the amount received to pay the cost of an audit required under subparagraph (A).
(F)
Waiver of paragraph.—
The Secretary of the Treasury may waive the application of any subparagraph of this paragraph to any designated recipient organization for any fiscal year after taking into account the amount of surcharges that such organization received or expended during such year.
(G)
Nonapplicability to federal entities.—
This paragraph shall not apply to any Federal agency or department or any independent establishment in the executive branch that receives any payment from the fund [1] of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item.
(H)
Availability of books and records.—
An organization that receives any payment from the fund [1] of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall provide, as a condition for receiving any such payment, to the Inspector General of the Department of the Treasury or the Comptroller General of the United States, upon the request of such Inspector General or the Comptroller General, all books, records, and work papers belonging to or used by the organization, or by any independent public accountant who audited the organization in accordance with subparagraph (A), which may relate to the receipt or expenditure of any such amount by the organization.
(3)
Use of agents or attorneys to influence commemorative coin legislation.—
No portion of any payment from the fund [1] to any designated recipient organization of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item may be used, directly or indirectly, by the organization to compensate any agent or attorney for services rendered to support or influence in any way legislative action of the Congress relating to such numismatic item.
(g)
Quarterly Financial Reports.—
(1)
In general.—
Not later than the 30th day of each month following each calendar quarter through and including the final period of sales with respect to any commemorative coin program authorized on or after the date of enactment of the Treasury, Postal Service, and General Government Appropriations Act, 1997, the Mint shall submit to the Congress a quarterly financial report in accordance with this subsection.
(2)
Requirements.—
Each report submitted under paragraph (1) shall include, with respect to the calendar quarter at issue—
(A)
a detailed financial statement, prepared in accordance with generally accepted accounting principles, that includes financial information specific to that quarter, as well as cumulative financial information relating to the entire program;
[1] So in original. Probably should be capitalized.