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S. 1228 (105th): 50 States Commemorative Coin Program Act


The text of the bill below is as of Nov 13, 1997 (Passed Congress).


S.1228

One Hundred Fifth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, one thousand nine hundred and ninety-seven

An Act

To provide for a 10-year circulating commemorative coin program to commemorate each of the 50 States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘50 States Commemorative Coin Program Act’.

SEC. 2. FINDINGS.

    The Congress finds that--

      (1) it is appropriate and timely--

        (A) to honor the unique Federal republic of 50 States that comprise the United States; and

        (B) to promote the diffusion of knowledge among the youth of the United States about the individual States, their history and geography, and the rich diversity of the national heritage;

      (2) the circulating coinage of the United States has not been modernized during the 25-year period preceding the date of enactment of this Act;

      (3) a circulating commemorative 25-cent coin program could produce earnings of $110,000,000 from the sale of silver proof coins and sets over the 10-year period of issuance, and would produce indirect earnings of an estimated $2,600,000,000 to $5,100,000,000 to the United States Treasury, money that will replace borrowing to fund the national debt to at least that extent; and

      (4) it is appropriate to launch a commemorative circulating coin program that encourages young people and their families to collect memorable tokens of all of the States for the face value of the coins.

SEC. 3. ISSUANCE OF REDESIGNED QUARTER DOLLARS OVER 10-YEAR PERIOD COMMEMORATING EACH OF THE 50 STATES.

    Section 5112 of title 31, United States Code, is amended by inserting after subsection (k) the following new subsection:

    ‘(l) REDESIGN AND ISSUANCE OF QUARTER DOLLAR IN COMMEMORATION OF EACH OF THE 50 STATES-

      ‘(1) REDESIGN BEGINNING IN 1999-

        ‘(A) IN GENERAL- Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2), quarter dollar coins issued during the 10-year period beginning in 1999, shall have designs on the reverse side selected in accordance with this subsection which are emblematic of the 50 States.

        ‘(B) TRANSITION PROVISION- Notwithstanding subpar- agraph (A), the Secretary may continue to mint and issue quarter dollars in 1999 which bear the design in effect before the redesign required under this subsection and an inscription of the year ‘1998’ as required to ensure a smooth transition into the 10-year program under this subsection.

      ‘(2) SINGLE STATE DESIGNS- The design on the reverse side of each quarter dollar issued during the 10-year period referred to in paragraph (1) shall be emblematic of 1 of the 50 States.

      ‘(3) ISSUANCE OF COINS COMMEMORATING 5 STATES DURING EACH OF THE 10 YEARS-

        ‘(A) IN GENERAL- The designs for the quarter dollar coins issued during each year of the 10-year period referred to in paragraph (1) shall be emblematic of 5 States selected in the order in which such States ratified the Constitution of the United States or were admitted into the Union, as the case may be.

        ‘(B) NUMBER OF EACH OF 5 COIN DESIGNS IN EACH YEAR- Of the quarter dollar coins issued during each year of the 10-year period referred to in paragraph (1), the Secretary of the Treasury shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of quarter dollars which shall be issued with each of the 5 designs selected for such year.

      ‘(4) SELECTION OF DESIGN-

        ‘(A) IN GENERAL- Each of the 50 designs required under this subsection for quarter dollars shall be--

          ‘(i) selected by the Secretary after consultation with--

            ‘(I) the Governor of the State being commemorated, or such other State officials or group as the State may designate for such purpose; and

            ‘(II) the Commission of Fine Arts; and

          ‘(ii) reviewed by the Citizens Commemorative Coin Advisory Committee.

        ‘(B) SELECTION AND APPROVAL PROCESS- Designs for quarter dollars may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary.

        ‘(C) PARTICIPATION- The Secretary may include participation by State officials, artists from the States, engravers of the United States Mint, and members of the general public.

        ‘(D) STANDARDS- Because it is important that the Nation’s coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any quarter dollar minted under this subsection.

        ‘(E) PROHIBITION ON CERTAIN REPRESENTATIONS- No head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design of any quarter dollar under this subsection.

      ‘(5) TREATMENT AS NUMISMATIC ITEMS- For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items.

      ‘(6) ISSUANCE-

        ‘(A) QUALITY OF COINS- The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) in uncirculated and proof qualities as the Secretary determines to be appropriate.

        ‘(B) SILVER COINS- Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) as the Secretary determines to be appropriate, with a content of 90 percent silver and 10 percent copper.

        ‘(C) SOURCES OF BULLION- The Secretary shall obtain silver for minting coins under subparagraph (B) from available resources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act.

      ‘(7) APPLICATION IN EVENT OF THE ADMISSION OF ADDITIONAL STATES- If any additional State is admitted into the Union before the end of the 10-year period referred to in paragraph (1), the Secretary of the Treasury may issue quarter dollar coins, in accordance with this subsection, with a design which is emblematic of such State during any 1 year of such 10-year period, in addition to the quarter dollar coins issued during such year in accordance with paragraph (3)(A).’.

SEC. 4. UNITED STATES DOLLAR COINS.

    (a) SHORT TITLE- This section may be cited as the ‘United States $1 Coin Act of 1997’.

    (b) WEIGHT- Section 5112(a)(1) of title 31, United States Code, is amended by striking ‘and weighs 8.1 grams’.

    (c) COLOR AND CONTENT- Section 5112(b) of title 31, United States Code, is amended--

      (1) in the first sentence, by striking ‘dollar,’; and

      (2) by inserting after the fourth sentence the following: ‘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, anti-counterfeiting properties as United States coinage in circulation on the date of enactment of the United States $1 Coin Act of 1997.’.

    (d) DESIGN- Section 5112(d)(1) of title 31, United States Code, is amended by striking the fifth and sixth sentences and inserting the following: ‘The Secretary of the Treasury, in consultation with the Congress, shall select appropriate designs for the obverse and reverse sides of the dollar coin.’.

    (e) PRODUCTION OF NEW DOLLAR COINS-

      (1) IN GENERAL- Upon the depletion of the Government’s supply (as of the date of enactment of this Act) of $1 coins bearing the likeness of Susan B. Anthony, the Secretary of the Treasury shall place into circulation $1 coins that comply with the requirements of subsections (b) and (d)(1) of section 5112 of title 31, United States Code, as amended by this section.

      (2) AUTHORITY OF SECRETARY TO CONTINUE PRODUCTION- If the supply of $1 coins bearing the likeness of Susan B. Anthony is depleted before production has begun of $1 coins which bear a design which complies with the requirements of subsections (b) and (d)(1) of section 5112 of title 31, United States Code, as amended by this section, the Secretary of the Treasury may continue to mint and issue $1 coins bearing the likeness of Susan B. Anthony in accordance with that section 5112 (as in effect on the day before the date of enactment of this Act) until such time as production begins.

      (3) NUMISMATIC SETS- The Secretary may include such $1 coins in any numismatic set produced by the United States Mint before the date on which the $1 coins authorized by this section are placed in circulation.

    (f) MARKETING PROGRAM-

      (1) IN GENERAL- Before placing into circulation $1 coins authorized under this section, the Secretary of the Treasury shall adopt a program to promote the use of such coins by commercial enterprises, mass transit authorities, and Federal, State, and local government agencies.

      (2) STUDY REQUIRED- The Secretary of the Treasury shall conduct a study on the progress of the marketing program adopted in accordance with paragraph (1).

      (3) REPORT- Not later than March 31, 2001, the Secretary of the Treasury shall submit a report to the Congress on the results of the study conducted pursuant to paragraph (2).

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act shall be construed to evidence any intention to eliminate or to limit the printing or circulation of United States currency in the $1 denomination.

SEC. 6. FIRST FLIGHT COMMEMORATIVE COINS.

    (a) COIN SPECIFICATIONS-

      (1) DENOMINATIONS- The Secretary of the Treasury (hereafter in this section referred to as the ‘Secretary’) shall mint and issue the following coins:

        (A) $10 GOLD COINS- Not more than 100,000 $10 coins, each of which shall--

          (i) weigh 16.718 grams;

          (ii) have a diameter of 1.06 inches; and

          (iii) contain 90 percent gold and 10 percent alloy.

        (B) $1 SILVER COINS- Not more than 500,000 $1 coins, each of which shall--

          (i) weigh 26.73 grams;

          (ii) have a diameter of 1.500 inches; and

          (iii) contain 90 percent silver and 10 percent copper.

        (C) HALF DOLLAR CLAD COINS- Not more than 750,000 half dollar coins each of which shall--

          (i) weigh 11.34 grams;

          (ii) have a diameter of 1.205 inches; and

          (iii) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code.

    (b) LEGAL TENDER- The coins minted under this section shall be legal tender, as provided in section 5103 of title 31, United States Code.

    (c) SOURCES OF BULLION- The Secretary shall obtain gold and silver for minting coins under this section pursuant to the authority of the Secretary under other provisions of law, including authority relating to the use of silver stockpiles established under the Strategic and Critical Materials Stockpiling Act, as applicable.

    (d) DESIGN OF COINS-

      (1) DESIGN REQUIREMENTS-

        (A) IN GENERAL- The design of the coins minted under this section shall be emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina, on December 17, 1903.

        (B) DESIGNATION AND INSCRIPTIONS- On each coin minted under this section there shall be--

          (i) a designation of the value of the coin;

          (ii) an inscription of the year ‘2003’; and

          (iii) inscriptions of the words ‘Liberty’, ‘In God We Trust’, ‘United States of America’, and ‘E Pluribus Unum’.

      (2) SELECTION- The design for the coins minted under this section shall be--

        (A) selected by the Secretary after consultation with the Board of Directors of the First Flight Foundation and the Commission of Fine Arts; and

        (B) reviewed by the Citizens Commemorative Coin Advisory Committee.

    (e) PERIOD FOR ISSUANCE OF COINS- The Secretary may issue coins minted under this section only during the period beginning on August 1, 2003, and ending on July 31, 2004.

    (f) SALE OF COINS-

      (1) SALE PRICE- The coins issued under this section shall be sold by the Secretary at a price equal to the sum of--

        (A) the face value of the coins;

        (B) the surcharge provided in paragraph (4) with respect to such coins; and

        (C) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping).

      (2) BULK SALES- The Secretary shall make bulk sales of the coins issued under this section at a reasonable discount.

      (3) PREPAID ORDERS-

        (A) IN GENERAL- The Secretary shall accept prepaid orders for the coins minted under this section before the issuance of such coins.

        (B) DISCOUNT- Sale prices with respect to prepaid orders under subparagraph (A) shall be at a reasonable discount.

      (4) SURCHARGES- All sales shall include a surcharge of--

          (A) $35 per coin for the $10 coin;

          (B) $10 per coin for the $1 coin; and

          (C) $1 per coin for the half dollar coin.

    (g) GENERAL WAIVER OF PROCUREMENT REGULATIONS-

      (1) IN GENERAL- Except as provided in paragraph (2), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act.

      (2) EQUAL EMPLOYMENT OPPORTUNITY- Paragraph (1) does not relieve any person entering into a contract under the

      authority of this section from complying with any law relating to equal employment opportunity.

    (h) TREATMENT AS NUMISMATIC ITEMS- For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this subsection shall be considered to be numismatic items.

    (i) DISTRIBUTION OF SURCHARGES-

      (1) IN GENERAL- Subject to section 5134 of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this section shall be promptly paid by the Secretary to the First Flight Foundation for the purposes of--

        (A) repairing, refurbishing, and maintaining the Wright Brothers Monument on the Outer Banks of North Carolina; and

        (B) expanding (or, if necessary, replacing) and maintaining the visitor center and other facilities at the Wright Brothers National Memorial Park on the Outer Banks of North Carolina, including providing educational programs and exhibits for visitors.

      (2) AUDITS- The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the First Flight Foundation as may be related to the expenditures of amounts paid under paragraph (1).

    (j) FINANCIAL ASSURANCES- The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this section will not result in any net cost to the United States Government.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.