Congressional Record, Volume 143 Issue 157 (Sunday, November 9, 1997)

[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[Senate]
[Pages S12430-S12434]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

50 STATES COMMEMORATIVE COIN PROGRAM ACT

Mr. SESSIONS. Mr. President, I ask unanimous consent the Senate
proceed to the consideration of calendar No. 244, S. 1128.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

A bill (S. 1228) to provide a 10-year circulating
commemorative coin program to commemorate each of the 50
States, and for other purposes.

The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the bill
which had been reported from the Committee on Banking, Housing, and
Urban Affairs, with an amendment to insert the part printed in italic:

S. 1228

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 subparagraph
(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
clad 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.

[[Page S12431]]

(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. 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.
(5) Marketing expenses.--The Secretary shall ensure that--
(A) a plan is established for marketing the coins minted
under this section; and
(B) adequate funds are made available to cover the costs of
carrying out that marketing plan.
(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.

Amendment No. 1631

(Purpose: To make a series of amendments)
Mr. SESSIONS. Mr. President, Senators D'Amato and Sarbanes have an
amendment at the desk, and I ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Alabama (Mr. Sessions), for Mr. D'Amato
for himself and Mr. Sarbanes, proposes an amendment numbered
1631.

Mr. SESSIONS. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 14, strike lines 4 through 10.
At the appropriate place, insert the following:

SEC. 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.

Mr. BOND. With respect to the Manager's Amendment, I would like to
ask the Senator to clarify his intent. As I understand the amendment
regarding the dollar coin language, it is your intent, as chairman of
the committee, and it is the intent of the Banking Committee that S.
1228, as amended, will not in any way restrict the continued printing
and circulation of the dollar bill.
Mr. D'AMATO. That is correct. Moreover, when S. 1228, as amended, is
adopted, this will similarly indicate the intent of Congress that the
dollar bill shall continue to be printed and shall remain in
circulation.
Mr. THOMPSON. There is a provision in the amended version of S. 1228
that I feel needs clarification. In setting the design parameters for
the new dollar coin, the legislation makes clear that the coin should
be golden in color, have a distinctive edge, and include other features
to ensure that the coin is not confused with any existing coins. The
last design parameter within the legislation states that the coin
should have anticounterfeiting properties of coinage in circulation at
the time of the bill's enactment. I ask the Senator, is this provision
intended to require the Mint to use clad coin technology in the new
dollar coin?
Mr. GRAMS. No, that provision is intended to be descriptive. The Mint
is instructed to utilize anticounterfeiting technology.
Mr. COATS. I thank Senator Grams for his answer. Is this provision
intended to limit the Mint's choice of technology in the development of
the dollar coin? For instance, could the Mint choose a plated coin
rather than a clad coin?
Mr. GRAMS. This provision is not intended to limit the U.S. Mint's
use of technology or approach to design. We intend for the Mint to
develop a dollar coin that meets the needs of the public and is not
subject to counterfeiting. If the Mint believes that a plated coin will
offer the best approach to meeting its needs, then a plated coin could
be developed.
Mr. FRIST. Thus, it is not the Committee's intention to limit the
Mint's flexibility, to require a certain coin technology or to limit
competition among potential suppliers of coin blanks?
Mr. GRAMS. The Senator from Tennessee has stated the situation
exactly. The Committee is directing the Mint to develop the best
possible dollar coin. We have not sought to limit the Mint or require a
clad coin.
Mr. FRIST. I thank the Senator for his answer.

[[Page S12432]]

Ms. MOSELEY-BRAUN. Mr. President, I am very pleased that the one
dollar coin bill is a part of this legislation. I have long been a
supporter of legislation authorizing the production of a new dollar
coin, and was an original cosponsor of the dollar coin bill, which
became part of this coin legislation.
Changing the currency or the coinage of the United States always
involves an element of controversy. After all, virtually everyone uses
money--every day. Americans are familiar with our currency and coinage,
and they understandably and justifiably have opinions on whether to
change it. There are a number of reasons, however, why this change is
necessary.
Unfortunately, today's dollar is not worth what it once was. In fact,
the dollar's value has declined by over a factor of four in just the
last 35 years. When I was a teenager, you could get a hamburger, fries
and a small coke at McDonald's for 42 cents. Now the cost is over $2.
You could get a Chicago Tribune and a Chicago Sun-Times for 10 cents.
Now the Tribune costs 50 cents and the Sun-Times 35 cents. I could go
on and on, but the point is simple--inflation has made the dollar worth
less than a quarter was when John F. Kennedy was President of the
United States.
Perhaps the most telling illustration of the erosion of value of our
currency and coinage is the fact that so many stores now have a
``penny'' dish in front of their cash registers--inviting their
customers to take a penny or two or leave a penny or two to make their
transactions come out to the nearest nickel. It is that kind of change
in the value of money that led Great Britain to replace the one-pound
note with a one-pound coin. And it is that fact that led Canada to
replace its one-dollar bill with a one-dollar coin.
These foreign countries, and many others, understood that they needed
to update their currency and coinage to fit present-day economic
realities--and that need is no less real in this country. That is why I
cosponsored this legislation, because I believe that updating our money
to reflect current economic realities is long overdue. I think we
should act carefully. I think the coin must be designed carefully. We
need to learn from past mistakes, but we should not let those past
mistakes keep us from taking the action that is necessary now.
Secondly, in many instances, a dollar coin would be more practical
than a paper note. I'm sure we've all had a run-in with a balky dollar
bill changer, one that simply won't take our dollar for a subway ride
or a soft drink, no matter how many times we straighten the dollar.
Finally, the use of a dollar coin would save money. For example, the
Chicago Transit Authority would save over $2 million annually, because
coins are easier and less expensive to process than bills. Many
manufacturers that serve the vending industry and coin-operated
industry would also save money because it is less expensive to retrofit
machines to accept dollar coins, than to add a dollar bill changer to
machines.
However, the dollar coin we have currently, known as the ``Susan B.
Anthony,'' lacks sufficient public acceptance to make it effective.
This coin too closely resembles the quarter in appearance and texture.
Moreover, according to the Mint, the supply of these coins is
decreasing, and more would have to be minted within the next few years
if the coin were not replaced. This legislation calls for the
replacement of the Susan B. Anthony coin with a coin that is golden in
color and smooth edged so that it is more easily differentiated from
the quarter.

The Susan B. Anthony coin is, unfortunately, the only American
currency in circulation that honors the achievements of a woman. Since
the Susan B. Anthony coin will no longer be widely circulated, it is
only appropriate that the design of this new coin depict a woman or
women of historical significance. To that end, I believe that the new
coin should depict the images of Sojourner Truth, Elizabeth Cady
Stanton, Lucretia Mott and Susan B. Anthony. These four women were
staunch abolitionists, and fought for equal rights for women. It is
largely through their efforts that women have opportunities for higher
education, the right to control their own property and children, the
right to hold public office and the right to vote.
Three of these women, Elizabeth Cady Stanton, Lucretia Mott, and
Susan B. Anthony, have been honored with a statue in the Capitol. This
statue, however, was carved in 1921, and failed to include Sojourner
Truth, the great abolitionist, feminist and preacher. This coin
provides an excellent opportunity to recognize the contributions of
Sojourner Truth, along with her fellow women's rights advocates.
Sojourner Truth was born into slavery in 1797 in New York State.
Freed in 1827 under the New York State Emancipation Act, she spent the
next 53 years preaching and lecturing about God, abolition and women's
rights.
Sojourner Truth was an advocate of women's rights. She consistently
supported equality among all people. In 1851, Sojourner Truth spoke at
a Women's Rights Convention in Akron, Ohio. Despite widely voiced
concerns by many of the white women in attendance that they did not
want an African American speaking, potentially confusing and tarnishing
their cause, Sojourner Truth rose to respond to male preachers who were
denouncing women's rights based on the inherent frailty of women:

I want to say a few words about this matter. I am a woman's
rights. I have as much muscle as any man and can do as much
work as any man. I have plowed and reaped and husked and
chopped and mowed, and can any man do more than that? I have
heard much about the sexes being equal; I can carry as much
as any man, and can eat as much, too, if I can get it. I am
as strong as any man that is now . . . Why, children, if you
have woman's rights, give it to her and you will feel better.
You will have your own rights, and they won't be so much
trouble . . .

She inspired the Convention and women's rights advocates as she did all
of her audiences.
Sojourner Truth dedicated her life to achieving equality. She
considered herself to be on a sojourn to tell the truth, a sojourn
directed by God. It would be a fitting tribute to Sojourner Truth and
to the truth which she preached, to honor her by depicting her image on
the dollar coin, along with her fellow women's rights crusaders,
Elizabeth Cady Stanton, Lucretia Mott, and Susan B. Anthony.
Along with a number of my colleagues on the Senate Banking Committee,
I filed additional views with the committee report of this legislation,
indicating our support for the four suffragettes. We also intend to
make our views known to Secretary Rubin, who has the authority to
select the design of the coin. I urge my colleagues to support this
effort to ensure that the mistake made in 1921 is rectified and that
Sojourner Truth can take her rightful place with the other suffragettes
who fought for equal rights for all Americans.

Amendment No. 1632

(Purpose: To make an amendment relating to coinage.)

Mr. SESSIONS. Mr. President, I understand that Senator Coats has an
amendment at the desk, and I ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Alabama Mr. Sessions, for Mr. Coats,
proposes an amendment numbered 1632.
On Page 8, line 11, strike ``clad''.

Mr. SESSIONS. Mr. President, I ask unanimous consent that the
amendments be agreed to, the committee amendment be agreed to, the bill
be considered read a third time and passed, as amended, the motion to
reconsider be laid upon the table, and that any statements relating to
the bill appear at this point in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments (Nos. 1631 and 1632) were agreed to.
The committee amendment was agreed to.
The bill (S. 1228), as amended, was passed, as follows:

S. 1228

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

[[Page S12433]]

(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.

``(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

SEC. 4. UNITED STATES DOLLAR COINS.

SEC. 5. FIRST FLIGHT COMMEMORATIVE COINS.

[[Page S12434]]

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.

SEC. 6. 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 circulatiion of United States
currency in the $1 demonination.
(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.