[104th Congress Public Law 329]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ329.104]
[[Page 110 STAT. 4005]]
Public Law 104-329
104th Congress
An Act
To establish United States commemorative coin programs, and for other
purposes. <<NOTE: Oct. 20, 1996 - [H.R. 1776]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: United States
Commemorative Coin Act of 1996.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
<<NOTE: 31 USC 5101 note.>> (a) Short Title.--This Act may be cited
as the ``United States Commemorative Coin Act of 1996''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--COMMEMORATIVE COIN PROGRAMS
Sec. 101. Commemorative coin programs.
Sec. 102. Design.
Sec. 103. Legal tender.
Sec. 104. Sources of bullion.
Sec. 105. Quality of coins.
Sec. 106. Sale of coins.
Sec. 107. General waiver of procurement regulations.
Sec. 108. Financial assurances.
TITLE II--NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL MAINTENANCE FUND
Sec. 201. National Law Enforcement Officers Memorial Maintenance Fund.
TITLE III--STUDY OF FIFTY STATES COMMEMORATIVE COIN PROGRAM
Sec. 301. Short title.
Sec. 302. Study.
Sec. 303. Fixed terms for members of the Citizens Commemorative Coin
Advisory Committee.
Sec. 304. Mint managerial staffing reform.
<<NOTE: 31 USC 5112 note.>> SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Fund'' means the National Law Enforcement
Officers Memorial Maintenance Fund established under section
201;
(2) the term ``recipient organization'' means an
organization described in section 101 to which surcharges
received by the Secretary from the sale of coins issued under
this Act are paid; and
(3) the term ``Secretary'' means the Secretary of the
Treasury.
[[Page 110 STAT. 4006]]
<<NOTE: 31 USC 5112 note.>> TITLE I--COMMEMORATIVE COIN PROGRAMS
SEC. 101. COMMEMORATIVE COIN PROGRAMS.
In accordance with the recommendations of the Citizens Commemorative
Coin Advisory Committee, the Secretary shall mint and issue the
following coins:
(1) Dolley madison.--
(A) In general.--In commemoration of the 150th
anniversary of the death of Dolley Madison, the
Secretary shall mint and issue 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.
(B) Design of coins.--The design of the coins minted
under this paragraph shall be emblematic of the 150th
anniversary of the death of Dolley Madison and the life
and achievements of the wife of the fourth President of
the United States.
(C) Mint facility.--Only 1 facility of the United
States Mint may be used to strike any particular quality
of the coins minted under this paragraph.
(D) Issuance of coins.--
(i) Commencement of issuance.--The Secretary
may issue coins minted under this paragraph
beginning January 1, 1999.
(ii) Termination of minting authority.--No
coins may be minted under this paragraph after
December 31, 1999.
(E) Surcharges.--All sales of the coins issued under
this paragraph shall include a surcharge of $10 per
coin.
(F) Distribution of surcharges.--Subject to section
5134(f) of title 31, United States Code (as added by
section 301(b) of this Act), all surcharges received by
the Secretary from the sale of coins issued under this
paragraph shall be promptly paid by the Secretary to the
National Trust for Historic Preservation in the United
States (hereafter in this paragraph referred to as the
``National Trust'') to be used--
(i) to establish an endowment to be a
permanent source of support for Montpelier, the
home of James and Dolley Madison and a museum
property of the National Trust; and
(ii) to fund capital restoration projects at
Montpelier.
(2) George washington.--
(A) In general.--The Secretary shall mint and issue
not more than 100,000 $5 coins, each of which shall--
(i) weigh 8.359 grams;
(ii) have a diameter of 0.850 inches; and
(iii) contain 90 percent gold and 10 percent
alloy.
(B) Design of coins.--The design of the coins minted
under this paragraph shall be emblematic of George
Washington, the first President of the United States.
[[Page 110 STAT. 4007]]
(C) Mint facility.--Only 1 facility of the United
States Mint may be used to strike any particular quality
of the coins minted under this paragraph.
(D) Issuance of coins.--
(i) Commencement of issuance.--The Secretary
may issue coins minted under this paragraph
beginning May 1, 1999.
(ii) Termination of minting authority.--No
coins may be minted under this paragraph after
November 31, 1999.
(E) Surcharges.--All sales of coins minted under
this paragraph shall include a surcharge of $35 per
coin.
(F) Distribution of surcharges.--Subject to section
5134(f) of title 31, United States Code (as added by
section 301(b) of this Act), all surcharges received by
the Secretary from the sale of coins issued under this
paragraph shall be promptly paid by the Secretary to the
Mount Vernon Ladies' Association (hereafter in this
paragraph referred to as the ``Association'') to be
used--
(i) to supplement the Association's endowment
for the purpose of providing a permanent source of
support for the preservation of George
Washington's home; and
(ii) to provide financial support for the
continuation and expansion of the Association's
efforts to
educate the American people about the life of
George Washington.
(3) Black revolutionary war patriots.--
(A) In general.--In commemoration of Black
Revolutionary War patriots and the 275th anniversary of
the birth of the first Black Revolutionary War patriot,
Crispus Attucks, who was the first American colonist
killed by British troops during the Revolutionary
period, the
Secretary shall mint and issue 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.
(B) Design of coins.--The design of the coins minted
under this paragraph--
(i) on the obverse side of the coins, shall be
emblematic of the first Black Revolutionary War
patriot, Crispus Attucks; and
(ii) on the reverse side of such coins, shall
be emblematic of the Black Revolutionary War
Patriots Memorial.
(C) Mint facility.--Only 1 facility of the United
States Mint may be used to strike any particular quality
of the coins minted under this paragraph.
(D) Issuance of coins.--The Secretary may issue
coins minted under this paragraph only during the period
beginning on January 1, 1998, and ending on December 31,
1998.
(E) Surcharges.--All sales of coins issued under
this paragraph shall include a surcharge of $10 per
coin.
(F) Distribution of surcharges.--Subject to section
5134(f) of title 31, United States Code (as added by
section
[[Page 110 STAT. 4008]]
301(b) of this Act), all surcharges received by the
Secretary from the sale of coins issued under this
paragraph shall be promptly paid by the Secretary to the
Black Revolutionary War Patriots Foundation for the
purpose of establishing an endowment to support the
construction of a Black Revolutionary War Patriots
Memorial.
(4) Franklin delano roosevelt.--
(A) In general.--To commemorate the public opening
of the Franklin Delano Roosevelt Memorial in Washington,
D.C., which will honor President Roosevelt's leadership
and legacy, during a 1-year period beginning on or after
May 15, 1997, the Secretary shall issue not more than
100,000 $5 coins, each of which shall--
(i) weigh 8.359 grams;
(ii) have a diameter of 0.850 inches; and
(iii) contain 90 percent gold and 10 percent
alloy.
(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 paragraph.
(C) Surcharges.--All sales of the coins issued under
this paragraph shall include a surcharge of $35 per
coin.
(D) Distribution of surcharges.--Subject to section
5134(f) of title 31, United States Code (as added by
section 301(b) of this Act), all surcharges received by
the Secretary from the sale of coins issued under this
paragraph shall be promptly paid by the Secretary to the
Franklin Delano Roosevelt Memorial Commission.
(5) Yellowstone national park.--
(A) In general.--To commemorate the 125th
anniversary of the establishment of Yellowstone National
Park as the first national park in the United States,
and the birth of the national park idea, during a 1-year
period beginning in 1999, the Secretary shall issue 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
alloy.
(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 paragraph.
(C) Surcharges.--All sales of the coins issued under
this paragraph shall include a surcharge of $10 per
coin.
(D) Distribution of surcharges.--Subject to section
5134(f) of title 31, United States Code (as added by
section 301(b) of this Act), all surcharges received by
the Secretary from the sale of coins issued under this
paragraph shall be promptly paid by the Secretary in
accordance with the following:
(i) Fifty percent of the surcharges received
shall be paid to the National Park Foundation to
be used for the support of national parks.
(ii) Fifty percent of the surcharges received
shall be paid to Yellowstone National Park.
(6) National law enforcement officers memorial.--
(A) In general.--To recognize the sacrifice of law
enforcement officers and their families in preserving
public safety, during a 1-year period beginning on or
after
[[Page 110 STAT. 4009]]
December 15, 1997, the Secretary shall issue 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
alloy.
(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 paragraph.
(C) Surcharges.--All sales of the coins issued under
this paragraph shall include a surcharge of $10 per
coin.
(D) Distribution of surcharges.--Subject to section
5134(f) of title 31, United States Code (as added by
section 301(b) of this Act), after receiving surcharges
from the sale of the coins issued under this paragraph,
the Secretary shall transfer to the Secretary of the
Interior an amount equal to the surcharges received from
the sale of the coins issued under this paragraph, which
amount shall be deposited in the Fund established under
section 201.
(7) Jackie robinson.--
(A) In general.--In commemoration of the 50th
anniversary of the breaking of the color barrier in
major league baseball by Jackie Robinson and the legacy
that Jackie Robinson left to society, the Secretary
shall mint and issue--
(i) not more than 100,000 $5 coins, each of
which shall--
(I) weigh 8.359 grams;
(II) have a diameter of 0.850
inches; and
(III) contain 90 percent gold and 10
percent alloy; and
(ii) not more than 200,000 $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.
(B) Design of coins.--The design of the coins minted
under this paragraph shall be emblematic of
Jackie Robinson and his contributions to major league
baseball and to society.
(C) Mint facility.--Only 1 facility of the United
States Mint may be used to strike any particular quality
of the coins minted under this paragraph.
(D) Issuance of coins.--The Secretary may issue
coins minted under this paragraph only during the period
beginning on July 1, 1997, and ending on July 1, 1998.
(E) Surcharges.--All sales of the coins issued
under--
(i) subparagraph (A)(i) shall include a
surcharge of $35 per coin; and
(ii) subparagraph (A)(ii) shall include a
surcharge of $10 per coin.
(F) Distribution of surcharges.--Subject to section
5134(f) of title 31, United States Code (as added by
section 301(b) of this Act)--
(i) all surcharges received by the Secretary
from the sale of the initial 100,000 coins issued
under subparagraph (A)(ii), shall be promptly paid
by the
[[Page 110 STAT. 4010]]
Secretary to the National Fund for the United
States Botanic Garden; and
(ii) all surcharges received by the Secretary
from the sale of any coins issued under this
paragraph (other than the coins described in
clause (i)) shall be promptly paid by the
Secretary to the Jackie Robinson Foundation for
the purposes of--
(I) enhancing the programs of the
Jackie Robinson Foundation in the fields
of education and youth leadership skills
development; and
(II) increasing the availability of
scholarships for economically
disadvantaged youths.
SEC. 102. DESIGN.
(a) Selection.--The design for each coin issued under this paragraph
shall be--
(1) selected by the Secretary after consultation with the
appropriate recipient organization or organizations and the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
(b) Designation and Inscriptions.--On each coin issued under this
paragraph there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
SEC. 103. LEGAL TENDER.
(a) Legal Tender.--The coins issued under this title shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(b) Numismatic Items.--For purposes of section 5134(f) of title 31,
United States Code, all coins minted under this title shall be
considered to be numismatic items.
SEC. 104. SOURCES OF BULLION.
(a) Gold.--The Secretary shall obtain gold for minting coins under
this title pursuant to the authority of the Secretary under other
provisions of law.
(b) Silver.--The Secretary shall obtain silver for minting coins
under this title from sources the Secretary determines to be
appropriate, including stockpiles established under the Strategic and
Critical Materials Stock Piling Act.
SEC. 105. QUALITY OF COINS.
Each coin minted under this title shall be issued in uncirculated
and proof qualities.
SEC. 106. SALE OF COINS.
(a) Sale Price.--Each coin issued under this title shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coin;
(2) the surcharge provided in section 101 with respect to
the coin; and
(3) the cost of designing and issuing the coin (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
[[Page 110 STAT. 4011]]
(b) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this title before the issuance of
such coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 107. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
Section 5112(j) of title 31, United States Code, shall apply to the
procurement of goods or services necessary to carrying out the programs
and operations of the United States Mint under this title.
SEC. 108. 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 title will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this title
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.
TITLE II--NATIONAL LAW EN-
FORCEMENT OFFICERS MEMORIAL
MAINTENANCE FUND
<<NOTE: 16 USC 431 note.>> SEC. 201. NATIONAL LAW ENFORCEMENT OFFICERS
MEMORIAL MAINTENANCE FUND.
(a) Establishment.--
(1) In general.--There is established the National Law
Enforcement Officers Memorial Maintenance Fund, which shall be a
revolving fund administered by the Secretary of the Interior (or
the designee of the Secretary of the Interior).
(2) Funding.--Amounts in the Fund shall include--
(A) amounts deposited in the Fund under section
101(6); and
(B) any donations received under paragraph (3).
(3) Donations.--The Secretary of the Interior may accept
donations to the Fund.
(4) Interest-bearing account.--The Fund shall be maintained
in an interest-bearing account within the Treasury of the United
States.
(b) Purposes.--The Fund shall be used--
(1) for the maintenance and repair of the National Law
Enforcement Officers Memorial in Washington, D.C.;
(2) to periodically add the names of law enforcement
officers who have died in the line of duty to the National Law
Enforcement Officers Memorial;
[[Page 110 STAT. 4012]]
(3) for the security of the National Law Enforcement
Officers Memorial site, including the posting of National Park
Service rangers and United States Park Police, as appropriate;
(4) at the discretion of the Secretary of the Interior and
in consultation with the Secretary and the Attorney General of
the United States, who shall establish an equitable procedure
between the Fund and such other organizations as may be
appropriate, to provide educational scholarships to the
immediate family members of law enforcement officers killed in
the line of duty whose names appear on the National Law
Enforcement Officers Memorial, the total annual amount of such
scholarships not to exceed 10 percent of the annual income of
the Fund;
(5) for the dissemination of information regarding the
National Law Enforcement Officers Memorial to the general
public;
(6) to administer the Fund, including contracting for
necessary services, in an amount not to exceed the lesser of--
(A) 10 percent of the annual income of the
Fund; or
(B) $200,000 during any 1-year period; and
(7) at the discretion of the Secretary of the Interior, in
consultation with the Fund, for appropriate purposes in the
event of an emergency affecting the operation of the National
Law Enforcement Officers Memorial, except that, during any 1-
year period, not more than $200,000 of the principal of the Fund
may be used to carry out this paragraph.
(c) Budget and Audit Treatment.--The Fund shall be subject to the
budget and audit provisions of chapter 91 of title 31, United States
Code.
<<NOTE: 50 States Commemorative Coin Program Act.>> TITLE III--STUDY OF
FIFTY STATES COMMEMORATIVE COIN PROGRAM
<<NOTE: 31 USC 5101 note.>> SEC. 301. SHORT TITLE.
This title may be cited as the ``50 States Commemorative Coin
Program Act''.
<<NOTE: 31 USC 5112 note.>> SEC. 302. STUDY.
(a) Study.--The Secretary of the Treasury shall by June 1, 1997
complete a study of the feasibility of a circulating commemorative coin
program to commemorate each of the 50 States. The study shall assess
likely public acceptance of and consumer demand for different coins that
might be issued in connection with such a program (taking into
consideration the pace of issuance of coins and the length of such a
program), a comparison of the costs of producing coins issued under the
program and the revenue that the program would generate, the impact on
coin distribution
systems, the advantages and disadvantages of different approaches to
selecting designs for coins in such a program, and such other factors as
the Secretary considers appropriate in deciding upon the feasibility of
such a program. No steps taken in order to gather information for this
study shall be considered a collection of information within the meaning
of section 3502 of title 44, United States Code.
[[Page 110 STAT. 4013]]
(b) Report.--The Secretary shall submit the study required in
subsection (a) above, to the Committee on Banking and Financial Services
of the House of Representatives and the Committee on Banking, Housing
and Urban Affairs of the Senate, simultaneously on its receipt by the
Secretary.
(c) 50-State Commemorative Coin Program.--The Secretary shall
determine by August 1, 1997 whether the results of the study authorized
by subsection (a) justify such a program. If the Secretary determines
that such a program is justified, then he shall by January 1, 1999,
notwithstanding the fourth sentence of subsection (d)(1) and subsection
(d)(2) of section 5112, title 31, United States Code, commence a
commemorative coin program consisting of the minting and issuance of
quarter dollar coins bearing designs, selected in accordance with
paragraph (4) of this subsection, which are emblematic of the 50
States. <<NOTE: Notification.>> If the Secretary determines that such a
commemorative coin program is justified but that it is not practicable
to commence the program by January 1, 1999, then he shall notify the
Committee on Banking and
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate of such
impracticability and of the date on which the program will commence.
(1) Design.--The design for each quarter dollar issued under
the program shall be emblematic of 1 of the 50 States. The
designs for quarter dollar coins issued during each year of the
program shall be emblematic of States which have not previously
been commemorated under the program.
(2) Order of issuance.--Each State will be honored by a coin
in the order of that State's admission to the United States.
(3) Number of coins.--Of the quarter dollar coins issued
during each year of the program, the Secretary shall prescribe,
on the basis of such factors as the Secretary determines to be
appropriate, the number of quarter dollar coins which shall be
issued with each of the designs selected for such year.
(4) Selection of design.--Each of the 50 designs required
for quarter dollars issued under the program shall be--
(A) selected pursuant to a process, decided upon by
the Secretary, on the basis of the study conducted
pursuant to subsection (a), which process shall involve,
among other things, consultation with appropriate
officials of the State being commemorated with such
design; and
(B) reviewed by the Citizens Commemorative Coin
Advisory Committee and the Commission of Fine Arts.
(5) Treatment as numismatic items.--For purposes of sections
5134 and 5136 of title 31, United States Code, all coins minted
under this section shall be considered to be numismatic items.
[[Page 110 STAT. 4014]]
(6) Numismatic items.--
(A) Quality of coins.--The Secretary may mint and
issue such number of quarter dollars of each design
selected under paragraph (4) of this subsection in
uncirculated and proof qualities as the Secretary
determines to be appropriate.
(B) Silver coins.--Notwithstanding the provisions of
subsection 5112(b) of title 31, United States Code, the
Secretary may mint and issue such number of quarter
dollars of each design selected under paragraph (4) of
this subsection as the Secretary determines to be
appropriate with a content of 90 percent silver and 10
percent copper.
(C) Sources of bullion.--The Secretary may obtain
silver for minting coins under paragraph (6)(B) from
stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
(d) Funding.--Funds used to complete this study shall be offset from
funds from the Department of the Treasury.
SEC. 303. FIXED TERMS FOR MEMBERS OF THE CITIZENS
COMMEMORATIVE COIN ADVISORY COMMITTEE.
(a) In General.--Section 5135(a)(4) of title 31, United States Code,
is amended to read as follows:
``(4) Terms.--
``(A) In general.--Each individual appointed to the
Advisory Committee under clause (i) or (iii) of
paragraph (3)(A) shall be appointed for a term of 4
years.
``(B) Interim appointments.--Any member appointed to
fill a vacancy occurring before the expiration of the
term for which such member's predecessor was appointed
shall be appointed only for the remainder of such term.
``(C) Continuation of service.--Each member
appointed under clause (i) or (iii) of paragraph (3)(A)
may continue to serve after the expiration of the term
to which such member was appointed until a successor has
been appointed and qualified.''.
<<NOTE: 31 USC 5135 note.>> (b) Staggered Terms.--Of the members
appointed to the
Citizens Commemorative Coin Advisory Committee under clause (i) or (iii)
of section 5135(a)(3)(A) of title 31, United States Code, who are
serving on the Advisory Committee as of the date of the enactment of
this Act--
(1) 1 member appointed under clause (i) and 1 member
appointed under clause (iii), as designated by the Secretary,
shall be deemed to have been appointed to a term which ends on
December 31, 1997;
(2) 1 member appointed under clause (i) and 1 member
appointed under clause (iii), as designated by the Secretary,
shall be deemed to have been appointed to a term which ends on
December 31, 1998; and
(3) 1 member appointed under clause (i) and 1 member
appointed under clause (iii), as designated by the Secretary,
shall be deemed to have been appointed to a term which ends on
December 31, 1999.
[[Page 110 STAT. 4015]]
<<NOTE: 31 USC 5135 note.>> (c) Status of Members.--The members
appointed to the
Citizens Commemorative Coin Advisory Committee under clause (i) or (iii)
of section 5135(a)(3)(A) of title 31, United States Code, shall not be
treated as special Government employees.
SEC. 304. MINT MANAGERIAL STAFFING REFORM.
Section 5131 of title 31, United States Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
Approved October 20, 1996.
LEGISLATIVE HISTORY--H.R. 1776:
---------------------------------------------------------------------------
Sept. 17, considered and passed House.
Oct. 3, considered and passed Senate, amended.
Oct. 4, House concurred in Senate amendments.
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