Text: S.1228 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-124 (12/01/1997)

 
[105th Congress Public Law 124]
[From the U.S. Government Printing Office]


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[DOCID: f:publ124.105]


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                        50 STATES COMMEMORATIVE 
                            COIN PROGRAM ACT

[[Page 111 STAT. 2534]]

Public Law 105-124
105th Congress

                                 An Act


 
   To provide for a 10-year circulating commemorative coin program to 
commemorate each of the 50 States, and for other purposes. <<NOTE: Dec. 
                         1, 1997 -  [S. 1228]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: 50 States 
Commemorative Coin Program Act. 31 USC 5101 note.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``50 States Commemorative Coin Program 
Act''.

SEC. 2. FINDINGS. <<NOTE: 31 USC 5112 note.>> 

    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

[[Page 111 STAT. 2535]]

                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.

[[Page 111 STAT. 2536]]

            ``(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. <<NOTE: United States $1 Coin Act of 
            1997. 31 YSC 5101 note.>> 

    (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) <<NOTE: 31 USC 5112 note.>>  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

[[Page 111 STAT. 2537]]

        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) <<NOTE: 31 USC 5112 note.>>  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. <<NOTE: 31 USC 5112 note.>> 

    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. <<NOTE: 31 USC 5112 note.>> 

    (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

[[Page 111 STAT. 2538]]

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

[[Page 111 STAT. 2539]]

        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.

    Approved December 1, 1997.

LEGISLATIVE HISTORY--S. 1228:
---------------------------------------------------------------------------

SENATE REPORTS: No. 105-130 (Comm. on Banking, Housing, and Urban 
Affairs).
CONGRESSIONAL RECORD, Vol. 143 (1997):
            Nov. 9, considered and passed Senate.
            Nov. 13, considered and passed House.

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