[105th Congress Public Law 124]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ124.105]
[[Page 2533]]
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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