Source
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 981; Pub. L. 97–452, § 1(20), Jan. 12, 1983, 96 Stat. 2477; Pub. L. 99–61, title II, § 202, July 9, 1985, 99 Stat. 115; Pub. L. 99–185, § 2(a), (b), Dec. 17, 1985, 99 Stat. 1177; Pub. L. 100–274, §§ 4(a),
6, Mar. 31, 1988, 102 Stat. 50; Pub. L. 102–390, title II, §§ 226(a),
227,
228, Oct. 6, 1992, 106 Stat. 1630; Pub. L. 103–272, § 4(f)(1)(R), July 5, 1994, 108 Stat. 1362; Pub. L. 104–208, div. A, title I, § 101(f) [title V, §§ 523,
524,
529
(a)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–347 to 3009–349; Pub. L. 105–124, §§ 3,
4
(b)–(d), Dec. 1, 1997, 111 Stat. 2534, 2536; Pub. L. 105–176, May 29, 1998, 112 Stat. 104; Pub. L. 106–445, § 2(b), Nov. 6, 2000, 114 Stat. 1931; Pub. L. 108–15, title I, §§ 102,
103
(d)(1), Apr. 23, 2003, 117 Stat. 615, 619; Pub. L. 109–145, title I, §§ 102–104, title II, § 201, Dec. 22, 2005, 119 Stat. 2665–2669, 2672.)
Historical and Revision Notes
1982 Act
| Revised Section |
Source (U.S. Code) |
Source (Statutes at Large) |
| 5112(a) | 31:317(a)(1st, last sentences). | R.S. § 3515(a); Sept. 26, 1890, ch. 945, § 1, 26 Stat. 485; Sept. 5, 1962, Pub. L. 87–643, § 1, 76 Stat. 440; Oct. 11, 1974, Pub. L. 93–441, § 1, 88 Stat. 1261. |
| | 31:391(c). | July 23, 1965, Pub. L. 89–81, § 101(c), 79 Stat. 255; restated Dec. 31, 1970, Pub. L. 91–607, § 201, 84 Stat. 1768; Oct. 10, 1978, Pub. L. 95–447, § 2, 92 Stat. 1072. |
| 5112(b) | 31:317(a)(2d, 3d sentences). |
| | 31:346. | R.S. § 3533; June 14, 1947, ch. 104, § 1, 61 Stat. 132. |
| | 31:391(b). | July 23, 1965, Pub. L. 89–81, § 101(b), (d), 79 Stat. 254; restated Dec. 31, 1970, Pub. L. 91–607, § 201, 84 Stat. 1768. |
| | 31:398(1)–(4), (6). | July 23, 1965, Pub. L. 89–81, § 108(1)–(4), (6), 79 Stat. 255. |
| 5112(c) | 31:317(b). | R.S. § 3515(b); added Oct. 11, 1974, Pub. L. 93–441, § 1, 88 Stat. 1261. |
| 5112(d)(1) | 31:324. | R.S. § 3517; Mar. 3, 1887, ch. 396, § 3, 24 Stat. 635; Sept. 26, 1890, ch. 945, § 1, 26 Stat. 485; May 18, 1908, ch. 173, 35 Stat. 164; restated July 23, 1965, Pub. L. 89–81, § 204(a), 79 Stat. 256; Dec. 31, 1970, Pub. L. 91–607, § 206, 84 Stat. 1769. |
| | 31:324b–1. | Oct. 10, 1978, Pub. L. 95–447, § 3, 92 Stat. 1072. |
| 5112(d)(2) | 31:276. | R.S. § 3510; restated Sept. 26, 1890, ch. 944, 26 Stat. 484. |
| 5112(e) | 31:324b. | Dec. 31, 1970, Pub. L. 91–607, § 203, 84 Stat. 1769; Oct. 10, 1978, Pub. L. 95–447, § 4, 92 Stat. 1072. |
| | 31:324c. | Dec. 31, 1970, Pub. L. 91–607, § 209, 84 Stat. 1769. |
| | 31:391(d). |
| | 31:398(3), (4). |
| 5112(f) | 31:321. | R.S. § 3514; Jan. 30, 1934, ch. 6, § 5, 48 Stat. 340. |
| | 31:399. | July 23, 1965, Pub. L. 89–81, 79 Stat. 254, § 109; added Dec. 23, 1981, Pub. L. 97–104, § 2, 95 Stat. 1491. |
In subsection (a), the words before clause (1) are added because of the restatement. In clause (5), the words “that is 0.835 inch in diameter” are added because the Secretary of the Treasury has prescribed the diameter and the diameter of a coin may not be changed under 31:276. The words “5 grams” are substituted for “seventy-seven and sixteen-hundredths grains troy” for consistency in the revised chapter. In clause (6), the words “that is 0.75 inch in diameter” are added because the Secretary has prescribed the diameter and the diameter of a coin may not be changed under 31:276. The words “except as provided under subsection (c) of this section” are added for clarity and because of the restatement. The words “3.11 grams” are substituted for “forty-eight grains” for consistency in the revised chapter.
In subsection (b), the words “In minting 5-cent coins” are substituted for “in minor-coinage alloys” in 31:346 because 5-cent coins are the minor coins composed of nickel. The words “Secretary shall use” are substituted for “shall be used” because of the source provisions restated in section 321 of the revised title. The word “bars” is substituted for “ingots” for consistency in the revised chapter. The words “2.5 percent” are substituted for “twenty-five thousandths” for consistency in the revised title and with other titles of the United States Code. The words “from the percent of nickel required” are substituted for “the legal standard . . . in the proportion of nickel” because of the restatement. The words “In silver ingots, six-thousandths” are omitted as superseded by the source provisions restated in the section. The words “In gold ingots, one-thousandth” in section 3533 of the Revised Statutes are omitted because gold coinage was discontinued by 31:315b. The words “Except as provided in subsection (c) of this section” are added for clarity and because of the restatement.
In subsection (c), the words “a different weight and alloy of copper and zinc” are substituted for “such action” for clarity.
In subsection (d)(1), the words “an impression emblematic of liberty” in 31:324 are omitted as obsolete. The words “The design on the reverse side of the dollar, half dollar, and quarter dollar is an eagle” are substituted for “and upon the reverse side shall be the figure or representation of an eagle . . . but on the dime, 5-, and 1-cent piece, the figure of the eagle shall be omitted”, and the words “The emblem on the obverse side of the dollar is” are substituted for “The one-dollar coin authorized by section
391
(c) of this title shall bear on the obverse side” in 31:324b–1, to eliminate unnecessary words. The words “Any coins minted after July 23, 1965, from 900 fine coin silver shall be inscribed with the year 1964” in 31:324 are omitted because the Secretary no longer has authority to mint coins from 900 fine coin silver.
In subsection (d)(2), the word “Secretary” is substituted for “engraver”, “Director of the Mint”, and “Director of the Mint . . . with the approval of the Secretary of the Treasury” because of the source provisions restated in section 321(c) of the revised title. The word “dies” is substituted for “from the original dies already authorized all the working dies required for use in the coinage of the several mints” and “original dies” to eliminate unnecessary words. The word “inscription” is substituted for “legend” for consistency in the section. The words “Provided, That no change be made in the diameter of any coin” are omitted as unnecessary because the diameters are prescribed by subsection (a) of the revised section. The words “procure services under section
3109 of title
5 in carrying out this paragraph” are substituted for “engage temporarily for this purpose the services of one or more artists, distinguished in their respective departments of art” to eliminate unnecessary words. The words “who shall be paid for such service from the contingent appropriation for the mint at Philadelphia” are omitted as obsolete. The text of section
3510(2d proviso) of the Revised Statutes is omitted as executed.
In subsection (e)(2), the words “80 percent” are substituted for “eight hundred parts” in 31:391(d), and the words “20 percent” are substituted for “two hundred parts”, for consistency in the revised title and with other titles of the Code. The words “that are metallurgically bonded to” are added for clarity and consistency with subsection (b). In clause (4), the words “the late President of the United States” in 31:324b are omitted as unnecessary. Clause (6) is added because 31:324 applies to coins minted under this subsection.
In subsection (f)(1), before clause (A), the words “Notwithstanding this section and section
5111
(a)(1) of this title are substituted for “Notwithstanding any other provision of law” in 31:399 for clarity. In clause (B), the words “are an alloy of 90 percent silver and 10 percent copper” are substituted for “be minted in accordance with the standard established in section 3514 of the Revised Statutes (
31 U.S.C.
321)” and 31:321 to eliminate unnecessary words and for clarity. In clause (C), the word “symbolizing” is substituted for “emblematic” for clarity.
In subsection (f)(2), the words “under such regulations as he may prescribe” are omitted as unnecessary because of section 321 of the revised title. The word “Treasury” is substituted for “general fund of the Treasury” to eliminate unnecessary words.
The text of 31:399(b)(3) is omitted as unnecessary because of section 5103 of the revised title.
1983 Act
This amends 31:5112(f)(1) to make technical and conforming changes.
References in Text
The date of enactment of the United States $1 Coin Act of 1997, referred to in subsec. (b), is the date of enactment of
Pub. L. 105–124, which was approved Dec. 1, 1997.
The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (l)(6)(C), is act June 7, 1939, ch. 190, as revised generally by
Pub. L. 96–41, § 2, July 30, 1979,
93 Stat. 319, which is classified generally to subchapter III (§ 98 et seq.) of chapter
5 of Title
50, War and National Defense. For complete classification of this Act to the Code, see section
98 of Title
50 and Tables.
This Act, referred to in subsec. (o)(6), probably means
Pub. L. 109–145, Dec. 22, 2005,
119 Stat. 2664, known as the Presidential $1 Coin Act of 2005, which amended this section and enacted provisions set out as notes under this section. For complete classification of this Act to the Code, see Short Title of 2005 Amendment note set out under section
5101 of this title and Tables.
The date of enactment of the Presidential $1 Coin Act of 2005, referred to in subsec. (q)(1), is the date of enactment of
Pub. L. 109–145, which was approved Dec. 22, 2005.
Amendments
2005—Subsec. (a)(11).
Pub. L. 109–145, § 201(1), added par. (11).
Subsec. (n).
Pub. L. 109–145, § 102, added subsec. (n).
Subsec. (o).
Pub. L. 109–145, § 103, added subsec. (o).
Subsec. (p).
Pub. L. 109–145, § 104, added subsec. (p).
Subsec. (q).
Pub. L. 109–145, § 201(2), added subsec. (q).
2003—Subsec. (d)(1).
Pub. L. 108–15, § 102(a), inserted after fourth sentence “Subject to other provisions of this subsection, the obverse of any 5-cent coin issued after December 31, 2005, shall bear the likeness of Thomas Jefferson and the reverse of any such 5-cent coin shall bear an image of the home of Thomas Jefferson at Monticello.”
Subsec. (d)(2).
Pub. L. 108–15, § 102(b), inserted “, after consulting with the Citizens Coinage Advisory Committee and the Commission of Fine Arts,” after “The Secretary may” in second sentence.
Subsec. (l)(4)(A)(ii).
Pub. L. 108–15, § 103(d)(1), substituted “Citizens Coinage Advisory Committee” for “Citizens Commemorative Coin Advisory Committee”.
2000—Subsec. (k).
Pub. L. 106–445 substituted “platinum bullion coins” for “bullion”.
1998—Subsec. (l)(1)(C).
Pub. L. 105–176 added subpar. (C).
1997—Subsec. (a)(1).
Pub. L. 105–124, § 4(b), struck out “and weighs 8.1 grams” after “diameter”.
Subsec. (b).
Pub. L. 105–124, § 4(c), struck out “dollar,” before “half dollar” in first sentence and inserted after fourth sentence “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.”
Subsec. (d)(1).
Pub. L. 105–124, § 4(d), substituted “The Secretary of the Treasury, in consultation with the Congress, shall select appropriate designs for the obverse and reverse sides of the dollar coin.” for “The eagle on the reverse side of the dollar is the symbolic eagle of Apollo 11 landing on the moon. The obverse side of the dollar has the likeness of Susan B. Anthony.”
Subsec. (l).
Pub. L. 105–124, § 3, added subsec. (l).
1996—Subsec. (i)(4)(C).
Pub. L. 104–208, § 101(f) [title V, § 523], added subpar. (C).
Subsec. (k).
Pub. L. 104–208, § 101(f) [title V, § 524], added subsec. (k).
Subsec. (m).
Pub. L. 104–208, § 101(f) [title V, § 529(a)], added subsec. (m).
1994—Subsec. (h).
Pub. L. 103–272 substituted “section
5103 of this title” for “section
5103 of title
31, United States Code”.
1992—Subsec. (d)(1).
Pub. L. 102–390, § 226(a), inserted “shall” before “have” in first sentence and substituted “coin shall have” for “coin has” in second and third sentences.
Subsec. (i)(4).
Pub. L. 102–390, § 228, added par. (4).
Subsec. (j).
Pub. L. 102–390, § 227, added subsec. (j).
1988—Subsec. (b).
Pub. L. 100–274, § 4(a), inserted before last sentence “In minting gold coins, the Secretary shall use alloys that vary not more than 0.1 percent from the percent of gold required.”
Subsec. (f).
Pub. L. 100–274, § 6, inserted heading and amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “The Secretary shall sell the coins minted under subsection (e) to the public at a price equal to the market value of the bullion at the time of sale, plus the cost of minting, marketing, and distributing such coins (including labor, materials, dyes, use of machinery, and overhead expenses).”
1985—Subsec. (a)(7) to (10).
Pub. L. 99–185, § 2(a), added pars. (7) to (10).
Subsec. (e).
Pub. L. 99–61 added subsec. (e). Former subsec. (e), providing for the minting of 150,000,000 silver and copper alloy dollar coins bearing the likeness of Dwight David Eisenhower, was struck out.
Subsec. (f).
Pub. L. 99–61 added subsec. (f). Former subsec. (f), providing for the minting of up to 10,000,000 silver and copper alloy half-dollar coins symbolizing the 250th anniversary of the birth of George Washington, was struck out.
Subsecs. (g), (h).
Pub. L. 99–61 added subsecs. (g) and (h).
Subsec. (i).
Pub. L. 99–185, § 2(b), added subsec. (i).
1983—Subsec. (f)(1).
Pub. L. 97–452, § 1(20)(A), inserted a comma after “10,000,000)” in introductory text.
Subsec. (f)(1)(C).
Pub. L. 97–452, § 1(20)(B), substituted “250th” for “two hundred and fiftieth”.
Effective Date of 1996 Amendment
Section
101
(f) [title V, § 529(e)] of
Pub. L. 104–208, provided that: “This section [amending this section and sections
5134 and
5135 of this title, enacting provisions set out as a note under section
5134 of this title, and amending provisions set out as a note under this section] and the amendments made by this section shall take effect on the date of enactment of this Act [Sept. 30, 1996].”
Effective Date of 1985 Amendments
Section 3 of
Pub. L. 99–185 provided that: “This Act [amending this section and sections
5116,
5118, and
5132 of this title and enacting provisions set out as notes under this section] shall take effect on October 1, 1985, except that no coins may be issued or sold under section
5112
(i) of title
31, United States Code, before October 1, 1986.”
Section 205 of title II of
Pub. L. 99–61 provided that: “This title [amending this section and sections
5116 and
5132 of this title and enacting provisions set out as a note under this section] shall take effect on October 1, 1985, except that no coins may be issued or sold under subsection (e) of section
5112 of title 31, United States Code, before September 1, 1986, or before the date on which all coins minted under title I of this Act [set out as a note below] have been sold, whichever is earlier.”
Short Title of 1985 Amendments
Section 1 of
Pub. L. 99–185 provided that: “This Act [amending this section and sections
5116,
5118, and
5132 of this title and enacting provisions set out as notes under this section] may be cited as the ‘Gold Bullion Coin Act of 1985’.”
Section 201 of title II of
Pub. L. 99–61 provided that: “This title [amending this section and sections
5116 and
5132 of this title and enacting provisions set out as a note under this section] may be cited as the ‘Liberty Coin Act’.”
Presidential Commemorative Dollar Coins; Findings
Pub. L. 109–145, title I, § 101, Dec. 22, 2005,
119 Stat. 2664, provided that: “Congress finds the following:
“(1) There are sectors of the United States economy, including public transportation, parking meters, vending machines, and low-dollar value transactions, in which the use of a $1 coin is both useful and desirable for keeping costs and prices down.
“(2) For a variety of reasons, the new $1 coin introduced in 2000 has not been widely sought-after by the public, leading to higher costs for merchants and thus higher prices for consumers.
“(3) The success of the 50 States Commemorative Coin Program (
31 U.S.C.
5112
(l)) for circulating quarter dollars shows that a design on a United States circulating coin that is regularly changed in a manner similar to the systematic change in designs in such Program radically increases demand for the coin, rapidly pulling it through the economy.
“(4) The 50 States Commemorative Coin Program also has been an educational tool, teaching both Americans and visitors something about each State for which a quarter has been issued.
“(5) A national survey and study by the Government Accountability Office has indicated that many Americans who do not seek, or who reject, the new $1 coin for use in commerce would actively seek the coin if an attractive, educational rotating design were to be struck on the coin.
“(6) The President is the leader of our tripartite government and the President’s spouse has often set the social tone for the White House while spearheading and highlighting important issues for the country.
“(7) Sacagawea, as currently represented on the new $1 coin, is an important symbol of American history.
“(8) Many people cannot name all of the Presidents, and fewer can name the spouses, nor can many people accurately place each President in the proper time period of American history.
“(9) First Spouses have not generally been recognized on American coinage.
“(10) In order to revitalize the design of United States coinage and return circulating coinage to its position as not only a necessary means of exchange in commerce, but also as an object of aesthetic beauty in its own right, it is appropriate to move many of the mottos and emblems, the inscription of the year, and the so-called ‘mint marks’ that currently appear on the 2 faces of each circulating coin to the edge of the coin, which would allow larger and more dramatic artwork on the coins reminiscent of the so-called ‘Golden Age of Coinage’ in the United States, at the beginning of the Twentieth Century, initiated by President Theodore Roosevelt, with the assistance of noted sculptors and medallic artists James Earle Fraser and Augustus Saint-Gaudens.
“(11) Placing inscriptions on the edge of coins, known as edge-incusing, is a hallmark of modern coinage and is common in large-volume production of coinage elsewhere in the world, such as the 2,700,000,000 2-Euro coins in circulation, but it has not been done on a large scale in United States coinage in recent years.
“(12) Although the Congress has authorized the Secretary of the Treasury to issue gold coins with a purity of 99.99 percent, the Secretary has not done so.
“(13) Bullion coins are a valuable tool for the investor and, in some cases, an important aspect of coin collecting.”
Abraham Lincoln Bicentennial 1-cent Coin Redesign
Pub. L. 109–145, title III, Dec. 22, 2005,
119 Stat. 2673, provided that:
“SEC.
301. FINDINGS.
“Congress finds the following:
“(1) Abraham Lincoln, the 16th President, was one of the Nation’s greatest leaders, demonstrating true courage during the Civil War, one of the greatest crises in the Nation’s history.
“(2) Born of humble roots in Hardin County (present-day LaRue County), Kentucky, on February 12, 1809, Abraham Lincoln rose to the Presidency through a combination of honesty, integrity, intelligence, and commitment to the United States.
“(3) With the belief that all men are created equal, Abraham Lincoln led the effort to free all slaves in the United States.
“(4) Abraham Lincoln had a generous heart, with malice toward none, and with charity for all.
“(5) Abraham Lincoln gave the ultimate sacrifice for the country he loved, dying from an assassin’s bullet on April 15, 1865.
“(6) All Americans could benefit from studying the life of Abraham Lincoln, for Lincoln’s life is a model for accomplishing the ‘American dream’ through honesty, integrity, loyalty, and a lifetime of education.
“(7) The year 2009 will be the bicentennial anniversary of the birth of Abraham Lincoln.
“(8) Abraham Lincoln was born in Kentucky, grew to adulthood in Indiana, achieved fame in Illinois, and led the nation in Washington, D.C.
“(9) The so-called ‘Lincoln cent’ was introduced in 1909 on the 100th anniversary of Lincoln’s birth, making the obverse design the most enduring on the nation’s coinage.
“(10) President Theodore Roosevelt was so impressed by the talent of Victor David Brenner that the sculptor was chosen to design the likeness of President Lincoln for the coin, adapting a design from a plaque Brenner had prepared earlier.
“(11) In the nearly 100 years of production of the ‘Lincoln cent’, there have been only 2 designs on the reverse: the original, featuring 2 wheat-heads in memorial style enclosing mottoes, and the current representation of the Lincoln Memorial in Washington, D.C.
“(12) On the occasion of the bicentennial of President Lincoln’s birth and the 100th anniversary of the production of the Lincoln cent, it is entirely fitting to issue a series of 1-cent coins with designs on the reverse that are emblematic of the 4 major periods of President Lincoln’s life.
“SEC.
302. REDESIGN OF LINCOLN CENT FOR 2009.
“(a) In General.—During the year 2009, the Secretary of the Treasury shall issue 1-cent coins in accordance with the following design specifications:
“(1) Obverse.—The obverse of the 1-cent coin shall continue to bear the Victor David Brenner likeness of President Abraham Lincoln.
“(2) Reverse.—The reverse of the coins shall bear 4 different designs each representing a different aspect of the life of Abraham Lincoln, such as—
“(A) his birth and early childhood in Kentucky;
“(B) his formative years in Indiana;
“(C) his professional life in Illinois; and
“(D) his presidency, in Washington, D.C.
“(b) Issuance of Redesigned Lincoln Cents in 2009.—
“(1) Order.—The 1-cent coins to which this section applies shall be issued with 1 of the 4 designs referred to in subsection (a)(2) beginning at the start of each calendar quarter of 2009.
“(2) Number.—The Secretary shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of 1-cent coins that shall be issued with each of the designs selected for each calendar quarter of 2009.
“(c) Design Selection.—The designs for the coins specified in this section shall be chosen by the Secretary—
“(1) after consultation with the Abraham Lincoln Bicentennial Commission and the Commission of Fine Arts; and
“(2) after review by the Citizens Coinage Advisory Committee.
“SEC.
303. REDESIGN OF REVERSE OF 1-CENT COINS AFTER 2009.
“The design on the reverse of the 1-cent coins issued after December 31, 2009, shall bear an image emblematic of President Lincoln’s preservation of the United States of America as a single and united country.
“SEC.
304. NUMISMATIC PENNIES WITH THE SAME METALLIC CONTENT AS THE 1909 PENNY.
“The Secretary of the Treasury shall issue 1-cent coins in 2009 with the exact metallic content as the 1-cent coin contained in 1909 in such number as the Secretary determines to be appropriate for numismatic purposes.
“SEC.
305. SENSE OF THE CONGRESS.
“It is the sense of the Congress that the original Victor David Brenner design for the 1-cent coin was a dramatic departure from previous American coinage that should be reproduced, using the original form and relief of the likeness of Abraham Lincoln, on the 1-cent coins issued in 2009.”
Designs on the 5-Cent Coin
Pub. L. 108–15, title I, § 101, Apr. 23, 2003,
117 Stat. 615, provided that:
“(a) In General.—Subject to subsection (b) and after consulting with the Citizens Coinage Advisory Committee and the Commission of Fine Arts, the Secretary of the Treasury may change the design on the obverse and the reverse of the 5-cent coin for coins issued in 2003, 2004, and 2005 in recognition of the bicentennial of the Louisiana Purchase and the expedition of Meriwether Lewis and William Clark.
“(b) Design Specifications.—
“(1) Obverse.—If the Secretary of the Treasury elects to change the obverse of 5-cent coins issued during 2003, 2004, and 2005, the design shall depict a likeness of President Thomas Jefferson, different from the likeness that appeared on the obverse of the 5-cent coins issued during 2002, in recognition of his role with respect to the Louisiana Purchase and the commissioning of the Lewis and Clark expedition.
“(2) Reverse.—If the Secretary of the Treasury elects to change the reverse of the 5-cent coins issued during 2003, 2004, and 2005, the design selected shall depict images that are emblematic of the Louisiana Purchase or the expedition of Meriwether Lewis and William Clark.
“(3) Other inscriptions.—5-cent coins issued during 2003, 2004, and 2005 shall continue to meet all other requirements for inscriptions and designations applicable to circulating coins under section
5112
(d)(1) of title
31, United States Code.”
Study and Report of Impact on United States Silver Market of the American Eagle Silver Bullion Program
Pub. L. 107–201, § 3(b), July 23, 2002,
116 Stat. 737, provided that:
“(1) Study.—The Secretary of the Treasury shall conduct a study of the impact on the United States silver market of the American Eagle Silver Bullion Program, established under section
5112
(e) of title
31, United States Code.
“(2) Report.—Not later than 1 year after the date of enactment of this Act [July 23, 2002], the Secretary of the Treasury shall submit a report of the study conducted under paragraph (1) to the chairman and ranking minority member of—
“(A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and
“(B) the Committee on Financial Services of the House of Representatives.”
Findings
Pub. L. 105–124, § 2, Dec. 1, 1997,
111 Stat. 2534, provided that: “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 [Dec. 1, 1997];
“(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.”
Dollar Coins
Pub. L. 105–124, § 4(e), (f), Dec. 1, 1997,
111 Stat. 2536, 2537, provided that:
“(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 [Dec. 1, 1997]) 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 [amending this section and enacting provisions set out as a note under section
5101 of this title], 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).”
Rule of Construction
Pub. L. 105–124, § 5, Dec. 1, 1997,
111 Stat. 2537, provided that: “Nothing in this Act [see Short Title of 1997 Amendment note set out under section
5101 of this title] 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.”
Study and Report to Congress of 50 States Commemorative Coin Program
Pub. L. 104–329, title III, § 302, Oct. 20, 1996,
110 Stat. 4012, provided that:
“(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.
“(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. 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.
“(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 [
50 U.S.C.
98 et seq.].
“(d) Funding.—Funds used to complete this study shall be offset from funds from the Department of the Treasury.”
Deposit of Profits From Sale of Gold to Mint for Commemorative Coin Program
Section
101
(f) [title V, § 523] of
Pub. L. 104–208 provided in part: “That profits generated from the sale of gold to the United States Mint for this program shall be considered as a receipt to be deposited into the General Fund of the Treasury.”
Use of Government Platinum Reserves Stockpiled at Mint
Section
101
(f) [title V, § 524] of
Pub. L. 104–208 provided in part: “That the Secretary is authorized to use Government platinum reserves stockpiled at the United States Mint as working inventory and shall ensure that reserves utilized are replaced by the Mint.”
Reform of Commemorative Coin Programs
Pub. L. 103–186, title III, Dec. 14, 1993,
107 Stat. 2251, as amended by
Pub. L. 104–208, div. A, title I, § 101(f) [title V, § 529(b)(4)], Sept. 30, 1996,
110 Stat. 3009–314, 3009–352;
Pub. L. 104–316, title I, § 115(h), Oct. 19, 1996,
110 Stat. 3835, provided that:
“SEC.
301. SENSE OF CONGRESS RESOLUTION.
“(a) Findings.—The Congress hereby makes the following findings:
“(1) Congress has authorized 18 commemorative coin programs in the 9 years since 1984.
“(2) There are more meritorious causes, events, and people worthy of commemoration than can be honored with commemorative coinage.
“(3) Commemorative coin legislation has increased at a pace beyond that which the numismatic community can reasonably be expected to absorb.
“(4) It is in the interests of all Members of Congress that a policy be established to control the flow of commemorative coin legislation.
“(b) Declaration.—It is the sense of the Congress that the Committee on Banking, Finance and Urban Affairs [now Committee on Financial Services] of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate should not report or otherwise clear for consideration by the House of Representatives or the Senate legislation providing for more than 2 commemorative coin programs for any year, unless the committee determines, on the basis of a recommendation by the Citizens Commemorative Coin Advisory Committee, that extraordinary merit exists for an additional commemorative coin program.
“SEC.
302. REPORTS BY RECIPIENTS OF COMMEMORATIVE COIN SURCHARGES.
“(a) Quarterly Financial Report.—
“(1) In general.—Each person who receives, after the date of the enactment of this Act [Dec. 14, 1993], any surcharge derived from the sale of commemorative coins under any Act of Congress shall submit a quarterly financial report to the Director of the United States Mint and the Comptroller General of the United States describing in detail the expenditures made by such person from the proceeds of the surcharge.
“(2) Information to be included.—The report under paragraph (1) shall include information on the proportion of the surcharges received during the period covered by the report to the total revenue of such person during such period, expressed as a percentage, and the percentage of total revenue during such period which was spent on administrative expenses (including salaries, travel, overhead, and fund raising).
“(3) Due dates.—Quarterly reports under this subsection shall be due at the end of the 30-day period beginning on the last day of any calendar quarter during which any surcharge derived from the sale of commemorative coins is received by any person.
“(b) Final Report.—Each person who receives, after the date of the enactment of this Act, any surcharge derived from the sale of commemorative coins under any Act of Congress shall submit a final report on the expenditures made by such person from the proceeds of all surcharges received by such person, including information described in subsection (a)(2), before the end of the 1-year period beginning on the last day on which sales of such coins may be made.”
Amount Equal to Profit From Sale of Gold Coins Deposited in General Fund of Treasury To Reduce National Debt
Section 2(f) of
Pub. L. 99–185 provided that an amount equal to the amount by which the proceeds from the sale of the coins issued under
31 U.S.C.
5112
(i) exceeded the sum of the cost of minting, marketing, and distributing such coins, and the value of gold certificates (not exceeding forty-two and two-ninths dollars a fine troy ounce) retired from the use of gold contained in such coins, was to be deposited in the general fund of the Treasury and used for the sole purpose of reducing the national debt, prior to repeal by
Pub. L. 102–390, title II, § 221(c)(2)(A), Oct. 6, 1992,
106 Stat. 1628, effective Oct. 1, 1992.
Issuance of Gold Coins To Result in No Net Cost to United States
Section 2(g) of
Pub. L. 99–185 provided that: “The Secretary shall take all actions necessary to ensure that the issuance of the coins minted under section
5112
(i) of title
31, United States Code, shall result in no net cost to the United States Government.”
Commemorative Coins
Provisions authorizing commemorative coins were contained in the following acts:
Pub. L. 109–146, Dec. 22, 2005,
119 Stat. 2676.—Little Rock Central High School Desegregation 50th Anniversary.
Pub. L. 108–486, Dec. 23, 2004,
118 Stat. 3934.—American Bald Eagle Recovery and National Emblem.
Pub. L. 108–464, Dec. 21, 2004,
118 Stat. 3878.—Benjamin Franklin.
Pub. L. 108–291, Aug. 6, 2004,
118 Stat. 1024.—Marine Corps 230th Anniversary.
Pub. L. 108–290, Aug. 6, 2004,
118 Stat. 1021.—John Marshall.
Pub. L. 108–289, Aug. 6, 2004,
118 Stat. 1017.—Jamestown 400th Anniversary.
Pub. L. 106–435, Nov. 6, 2000,
114 Stat. 1916.—2002 Winter Olympic Games.
Pub. L. 106–375, Oct. 27, 2000,
114 Stat. 1435.—National Museum of the American Indian.
Pub. L. 106–126, title I, Dec. 6, 1999,
113 Stat. 1643.—Leif Ericson millennium.
Pub. L. 106–126, title II, Dec. 6, 1999,
113 Stat. 1644.—United States Capitol visitor center.
Pub. L. 106–126, title III, Dec. 6, 1999,
113 Stat. 1647.—Lewis and Clark Expedition bicentennial.
Pub. L. 105–331, Oct. 31, 1998,
112 Stat. 3073.—Thomas Alva Edison.
Pub. L. 105–268, Oct. 19, 1998,
112 Stat. 2378.—Library of Congress bicentennial.
Pub. L. 105–124, § 6, Dec. 1, 1997,
111 Stat. 2537.—First flight by Orville and Wilbur Wright.
Pub. L. 104–329, § 2, title I, §§ 101–108, Oct. 20, 1996,
110 Stat. 4005–4011;
Pub. L. 105–277, div. C, title I, § 139(c), Oct. 21, 1998,
112 Stat. 2681–599.—Dolley Madison, George Washington, Black Revolutionary War patriots, Franklin Delano Roosevelt Memorial, Yellowstone National Park, National Law Enforcement Officers Memorial, and Jackie Robinson.
Pub. L. 104–96, Jan. 10, 1996,
109 Stat. 981.—Smithsonian Institution sesquicentennial.
Pub. L. 103–328, title II, § 204, Sept. 29, 1994,
108 Stat. 2369.—1995 Special Olympics World Games.
Pub. L. 103–328, title II, § 205, Sept. 29, 1994,
108 Stat. 2371.—National community service.
Pub. L. 103–328, title II, § 206, Sept. 29, 1994,
108 Stat. 2373.—Robert F. Kennedy Memorial.
Pub. L. 103–328, title II, § 207, Sept. 29, 1994,
108 Stat. 2375.—United States Military Academy bicentennial.
Pub. L. 103–328, title II, § 208, Sept. 29, 1994,
108 Stat. 2377.—United States Botanic Garden.
Pub. L. 103–186, title I, Dec. 14, 1993,
107 Stat. 2245.—Thomas Jefferson.
Pub. L. 103–186, title II, Dec. 14, 1993,
107 Stat. 2247.—Prisoner-of-war, Vietnam Veterans Memorial, and Women in Military Service for America Memorial.
Pub. L. 103–186, title IV, Dec. 14, 1993,
107 Stat. 2252.—United States Capitol bicentennial.
Pub. L. 102–414, Oct. 14, 1992,
106 Stat. 2106.—World War II 50th anniversary.
Pub. L. 102–390, title I, Oct. 6, 1992,
106 Stat. 1620;
Pub. L. 104–74, Dec. 26, 1995,
109 Stat. 784.—1996 Olympic Games.
Pub. L. 102–379, Oct. 5, 1992,
106 Stat. 1362.—Civil War battlefields.
Pub. L. 102–281, title I, May 13, 1992,
106 Stat. 133;
Pub. L. 102–390, title II, § 221(c)(2)(G), Oct. 6, 1992,
106 Stat. 1628.—White House 200th anniversary.
Pub. L. 102–281, title II, May 13, 1992,
106 Stat. 135;
Pub. L. 102–390, title II, § 221(c)(2)(H), Oct. 6, 1992,
106 Stat. 1628;
Pub. L. 104–66, title I, § 1132(a), Dec. 21, 1995,
109 Stat. 725.—World Cup USA 1994.
Pub. L. 102–281, title IV, §§ 401–411, May 13, 1992,
106 Stat. 139–141;
Pub. L. 102–390, title II, § 221(c)(2)(I), Oct. 6, 1992,
106 Stat. 1628.—Christopher Columbus quincentenary.
Pub. L. 102–281, title V, May 13, 1992,
106 Stat. 145;
Pub. L. 104–66, title I, § 1132(c), Dec. 21, 1995,
109 Stat. 725.—James Madison and Bill of Rights.
Pub. L. 101–495, Oct. 31, 1990,
104 Stat. 1187;
Pub. L. 102–390, title II, § 221(c)(2)(F), Oct. 6, 1992,
106 Stat. 1628.—Korean War Veterans Memorial.
Pub. L. 101–406, Oct. 3, 1990,
104 Stat. 879;
Pub. L. 102–390, title II, § 221(c)(2)(E), Oct. 6, 1992,
106 Stat. 1628.—1992 Olympic Games.
Pub. L. 101–404, Oct. 2, 1990,
104 Stat. 875;
Pub. L. 102–390, title II, § 221(c)(2)(D), Oct. 6, 1992,
106 Stat. 1628.—United Services Organization 50th anniversary.
Pub. L. 101–332, July 16, 1990,
104 Stat. 313;
Pub. L. 102–390, title II, § 221(c)(2)(C), Oct. 6, 1992,
106 Stat. 1628;
Pub. L. 103–328, title II, § 209, Sept. 29, 1994,
108 Stat. 2378.—Mount Rushmore National Memorial golden anniversary.
Pub. L. 100–673, Nov. 17, 1988,
102 Stat. 3992;
Pub. L. 101–36, June 9, 1989,
103 Stat. 69;
Pub. L. 101–302, title III, § 312(c), May 25, 1990,
104 Stat. 245;
Pub. L. 103–186, title IV, § 408(b), Dec. 14, 1993,
107 Stat. 2253.—United States Congress bicentennial.
Pub. L. 100–467, Oct. 3, 1988,
102 Stat. 2275;
Pub. L. 102–390, title II, § 221(c)(2)(B), Oct. 6, 1992,
106 Stat. 1628.—Dwight David Eisenhower.
Pub. L. 100–141, Oct. 28, 1987,
101 Stat. 832.—1988 Olympic Games.
Pub. L. 99–582, Oct. 29, 1986,
100 Stat. 3315.—United States Constitution bicentennial.
Pub. L. 99–61, title I, July 9, 1985,
99 Stat. 113.—Statue of Liberty and Ellis Island.
Pub. L. 97–220, July 22, 1982,
96 Stat. 222.—1984 Olympic Games.
Possession of Gold Coins and Bullion
The possession of gold coins and bullion was prohibited except under Government license by Ex. Ord. No. 6260, eff. Aug. 28, 1933. That prohibition was revoked by Ex. Ord. No. 11825, Dec. 31, 1974,
40 F.R.
1003, eff. Dec. 31, 1974. See notes set out under section
95a of Title
12, Banks and Banking.