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[DOCID: f:s1228enr.txt]
S.1228
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To provide for a 10-year circulating commemorative coin program to
commemorate each of the 50 States, and for other purposes.
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 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.
``(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, an
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ti-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) 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.
(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. 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.
SEC. 6. 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.
(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 an
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d 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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