[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1776 Received in Senate (RDS)]







104th CONGRESS
  2d Session
                                H. R. 1776




_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 1996

                                Received

_______________________________________________________________________

                                 AN ACT


 
To require the Secretary of the Treasury to mint coins in commemoration 
 of Black Revolutionary War patriots and the 275th anniversary of the 
         1st Black Revolutionary War patriot, Crispus Attucks.

    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 ``Black Revolutionary War Patriots 
Commemorative Coin Act''.

SEC. 2. COIN SPECIFICATIONS.

    (a) $1 Silver Coins.--In commemoration of Black Revolutionary War 
patriots and the 275th anniversary of the birth of the 1st Black 
Revolutionary War patriot, Crispus Attucks, who was the 1st American 
colonist killed by British troops during the Revolutionary period, the 
Secretary of the Treasury (hereafter in this Act referred to as the 
``Secretary'') shall mint and issue not more than 500,000 1 dollar 
coins, each of which shall--
            (1) weigh 26.73 grams;
            (2) have a diameter of 1.500 inches; and
            (3) contain 90 percent silver and 10 percent copper.
    (b) Legal Tender.--The coins minted under this Act shall be legal 
tender, as provided in section 5103 of title 31, United States Code.
    (c) Numismatic Items.--For purposes of section 5136 of title 31, 
United States Code, all coins minted under this Act shall be considered 
to be numismatic items.

SEC. 3. SOURCES OF BULLION.

    The Secretary shall obtain silver for minting coins under this Act 
only from stockpiles established under the Strategic and Critical 
Materials Stock Piling Act.

SEC. 4. DESIGN OF COINS.

    (a) Design Requirements.--
            (1) In general.--The design--
                    (A) on the obverse side of the coins minted under 
                this Act shall be emblematic of the 1st Black 
                Revolutionary War patriot, Crispus Attucks; and
                    (B) on the reverse side of such coins shall be 
                emblematic of the Black Revolutionary War Patriots 
                Memorial.
            (2) Designation and inscriptions.--On each coin minted 
        under this Act there shall be--
                    (A) a designation of the value of the coin;
                    (B) an inscription of the year ``1998''; and
                    (C) inscriptions of the words ``Liberty'', ``In God 
                We Trust'', ``United States of America'', and ``E 
                Pluribus Unum''.
    (b) Selection.--The design for the coins minted under this Act 
shall be--
            (1) selected by the Secretary after consultation with the 
        Black Revolutionary War Patriots Foundation and the Commission 
        of Fine Arts; and
            (2) reviewed by the Citizens Commemorative Coin Advisory 
        Committee.

SEC. 5. ISSUANCE OF COINS.

    (a) Quality of Coins.--Coins minted under this Act shall be issued 
in uncirculated and proof qualities.
    (b) Mint Facility.--Only 1 facility of the United States Mint may 
be used to strike any particular quality of the coins minted under this 
Act.
    (c) Commencement of Issuance.--The Secretary may issue coins minted 
under this Act beginning January 1, 1998 .
    (d) Termination of Minting Authority.--No coins may be minted under 
this Act after December 31, 1998.

SEC. 6. SALE OF COINS.

    (a) Sale Price.--The coins issued under this Act shall be sold by 
the Secretary at a price equal to the sum of--
            (1) the face value of the coins;
            (2) the surcharge provided in subsection (d) with respect 
        to such coins; and
            (3) the cost of designing and issuing the coins (including 
        labor, materials, dies, use of machinery, overhead expenses, 
        marketing, and shipping).
    (b) Bulk Sales.--The Secretary shall make bulk sales of the coins 
issued under this Act at a reasonable discount.
    (c) Prepaid Orders.--
            (1) In general.--The Secretary shall accept prepaid orders 
        for the coins minted under this Act before the issuance of such 
        coins.
            (2) Discount.--Sale prices with respect to prepaid orders 
        under paragraph (1) shall be at a reasonable discount.
    (d) Surcharges.--All sales shall include a surcharge of $10 per 
coin.

SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.

    (a) In General.--Except as provided in subsection (b), 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.
    (b) Equal Employment Opportunity.--Subsection (a) shall not relieve 
any person entering into a contract under the authority of this Act 
from complying with any law relating to equal employment opportunity.

SEC. 8. DISTRIBUTION OF SURCHARGES.

    Subject to section 10(a), all surcharges received by the Secretary 
from the sale of coins issued under this Act shall be promptly paid by 
the Secretary to the Black Revolutionary War Patriots Foundation for 
the purpose of raising an endowment to support the construction of a 
Black Revolutionary War Patriots Memorial.

SEC. 9. FINANCIAL ASSURANCES.

    (a) No Net Cost to the Government.--The Secretary shall take such 
actions as may be necessary to ensure that minting and issuing coins 
under this Act will not result in any net cost to the United States 
Government.
    (b) Payment for Coins.--A coin shall not be issued under this Act 
unless the Secretary has received--
            (1) full payment for the coin;
            (2) security satisfactory to the Secretary to indemnify the 
        United States for full payment; or
            (3) a guarantee of full payment satisfactory to the 
        Secretary from a depository institution whose deposits are 
        insured by the Federal Deposit Insurance Corporation or the 
        National Credit Union Administration Board.

SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.

    (a) Payment of Surcharges.--Notwithstanding any other provision of 
law, no amount derived from the proceeds of any surcharge imposed on 
the sale of coins issued under this Act shall be paid to the Black 
Revolutionary War Patriots Foundation unless--
            (1) all numismatic operation and program costs allocable to 
        the program under which such coins are produced and sold have 
        been recovered; and
            (2) the Black Revolutionary War Patriots Foundation submits 
        an audited financial statement which demonstrates to the 
        satisfaction of the Secretary of the Treasury that, with 
        respect to all projects or purposes for which the proceeds of 
        such surcharge may be used, the Foundation has raised funds 
        from private sources for such projects and purposes in an 
        amount which is equal to or greater than the maximum amount the 
        Foundation may receive from the proceeds of such surcharge.
    (b) Annual Audits.--
            (1) Annual audits of recipients required.--The Black 
        Revolutionary War Patriots Foundation shall provide, as a 
        condition for receiving any amount derived from the proceeds of 
        any surcharge imposed on the sale of coins issued under this 
        Act, for an annual audit, in accordance with generally accepted 
        government auditing standards by an independent public 
        accountant selected by the Foundation, of all such payments to 
        the Foundation beginning in the first fiscal year of the 
        Foundation in which any such amount is received and continuing 
        until all such amounts received by the Foundation with respect 
        to such surcharges are fully expended or placed in trust.
            (2) Minimum requirements for annual audits.--At a minimum, 
        each audit of the Black Revolutionary War Patriots Foundation 
        pursuant to paragraph (1) shall report--
                    (A) the amount of payments received by the 
                Foundation during the fiscal year of the Foundation for 
                which the audit is conducted which are derived from the 
                proceeds of any surcharge imposed on the sale of coins 
                issued under this Act;
                    (B) the amount expended by the Foundation from the 
                proceeds of such surcharges during the fiscal year of 
                the Foundation for which the audit is conducted; and
                    (C) whether all expenditures by the Foundation from 
                the proceeds of such surcharges during the fiscal year 
                of the Foundation for which the audit is conducted were 
                for authorized purposes.
            (3) Responsibility of foundation to account for 
        expenditures of surcharges.--The Black Revolutionary War 
        Patriots Foundation shall take appropriate steps, as a 
        condition for receiving any payment of any amount derived from 
        the proceeds of any surcharge imposed on the sale of coins 
        issued under this Act, to ensure that the receipt of the 
        payment and the expenditure of the proceeds of such surcharge 
        by the Foundation in each fiscal year of the Foundation can be 
        accounted for separately from all other revenues and 
        expenditures of the Foundation.
            (4) Submission of audit report.--Not later than 90 days 
        after the end of any fiscal year of the Black Revolutionary War 
        Patriots Foundation for which an audit is required under 
        paragraph (1), the Foundation shall--
                    (A) submit a copy of the report to the Secretary of 
                the Treasury; and
                    (B) make a copy of the report available to the 
                public.
            (5) Use of surcharges for audits.--The Black Revolutionary 
        War Patriots Foundation may use any amount received from 
        payments derived from the proceeds of any surcharge imposed on 
        the sale of coins issued under this Act to pay the cost of an 
        audit required under paragraph (1).
            (6) Waiver of subsection.--The Secretary of the Treasury 
        may waive the application of any paragraph of this subsection 
        to the Black Revolutionary War Patriots Foundation for any 
        fiscal year after taking into account the amount of surcharges 
        which such Foundation received or expended during such year.
            (7) Availability of books and records.--The Black 
        Revolutionary War Patriots Foundation shall provide, as a 
        condition for receiving any payment derived from the proceeds 
        of any surcharge imposed on the sale of coins issued under this 
        Act, 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 workpapers belonging to or used by the 
        Foundation, or by any independent public accountant who audited 
        the Foundation in accordance with paragraph (1), which may 
        relate to the receipt or expenditure of any such amount by the 
        Foundation.
    (c) Use of Agents or Attorneys to Influence Commemorative Coin 
Legislation.--No portion of any payment to the Black Revolutionary War 
Patriots Foundation from amounts derived from the proceeds of 
surcharges imposed on the sale of coins issued under this Act may be 
used, directly or indirectly, by the Foundation to compensate any agent 
or attorney for services rendered to support or influence in any way 
legislative action of the Congress relating to the coins minted and 
issued under this Act.

            Passed the House of Representatives September 17, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.