II

104TH CONGRESS

2D SESSION H. R. 1776

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 18, 1996

Received

AN ACT

To require the Secretary of the Treasury to mint coins

in commemoration of Black Revolutionary War patriots

and the 275th anniversary of the 1st Black Revolutionary War patriot, Crispus Attucks.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Black Revolutionary

3 War Patriots Commemorative Coin Act’’.

4 SEC. 2. COIN SPECIFICATIONS.

5 (a) $1 SILVER COINS.—In commemoration of Black

6 Revolutionary War patriots and the 275th anniversary of

7 the birth of the 1st Black Revolutionary War patriot,

8 Crispus Attucks, who was the 1st American colonist killed

9 by British troops during the Revolutionary period, the

10 Secretary of the Treasury (hereafter in this Act referred

11 to as the ‘‘Secretary’’) shall mint and issue not more than

12 500,000 1 dollar coins, each of which shall—

13 (1) weigh 26.73 grams;

14 (2) have a diameter of 1.500 inches; and

15 (3) contain 90 percent silver and 10 percent

16 copper.

17 (b) LEGAL TENDER.—The coins minted under this

18 Act shall be legal tender, as provided in section 5103 of

19 title 31, United States Code.

20 (c) NUMISMATIC ITEMS.—For purposes of section

21 5136 of title 31, United States Code, all coins minted

22 under this Act shall be considered to be numismatic items.

23 SEC. 3. SOURCES OF BULLION.

24 The Secretary shall obtain silver for minting coins

25 under this Act only from stockpiles established under the

26 Strategic and Critical Materials Stock Piling Act.
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1 SEC. 4. DESIGN OF COINS.

2 (a) DESIGN REQUIREMENTS.—

3 (1) IN GENERAL.—The design—

4 (A) on the obverse side of the coins minted

5 under this Act shall be emblematic of the 1st

6 Black Revolutionary War patriot, Crispus

7 Attucks; and

8 (B) on the reverse side of such coins shall

9 be emblematic of the Black Revolutionary War

10 Patriots Memorial.

11 (2) DESIGNATION AND INSCRIPTIONS.—On

12 each coin minted under this Act there shall be—

13 (A) a designation of the value of the coin;

14 (B) an inscription of the year ‘‘1998’’; and

15 (C) inscriptions of the words ‘‘Liberty’’,

16 ‘‘In God We Trust’’, ‘‘United States of Amer17 ica’’, and ‘‘E Pluribus Unum’’.

18 (b) SELECTION.—The design for the coins minted

19 under this Act shall be—

20 (1) selected by the Secretary after consultation

21 with the Black Revolutionary War Patriots Founda22 tion and the Commission of Fine Arts; and

23 (2) reviewed by the Citizens Commemorative

24 Coin Advisory Committee.
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1 SEC. 5. ISSUANCE OF COINS.

2 (a) QUALITY OF COINS.—Coins minted under this

3 Act shall be issued in uncirculated and proof qualities.

4 (b) MINT FACILITY.—Only 1 facility of the United

5 States Mint may be used to strike any particular quality

6 of the coins minted under this Act.

7 (c) COMMENCEMENT OF ISSUANCE.—The Secretary

8 may issue coins minted under this Act beginning January

9 1, 1998 .

10 (d) TERMINATION OF MINTING AUTHORITY.—No

11 coins may be minted under this Act after December 31,

12 1998.

13 SEC. 6. SALE OF COINS.

14 (a) SALE PRICE.—The coins issued under this Act

15 shall be sold by the Secretary at a price equal to the sum

16 of—

17 (1) the face value of the coins;

18 (2) the surcharge provided in subsection (d)

19 with respect to such coins; and

20 (3) the cost of designing and issuing the coins

21 (including labor, materials, dies, use of machinery,

22 overhead expenses, marketing, and shipping).

23 (b) BULK SALES.—The Secretary shall make bulk

24 sales of the coins issued under this Act at a reasonable

25 discount.

26 (c) PREPAID ORDERS.—
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1 (1) IN GENERAL.—The Secretary shall accept

2 prepaid orders for the coins minted under this Act

3 before the issuance of such coins.

4 (2) DISCOUNT.—Sale prices with respect to pre5 paid orders under paragraph (1) shall be at a rea6 sonable discount.

7 (d) SURCHARGES.—All sales shall include a sur8 charge of $10 per coin.

9 SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULA10 TIONS.

11 (a) IN GENERAL.—Except as provided in subsection

12 (b), no provision of law governing procurement or public

13 contracts shall be applicable to the procurement of goods

14 and services necessary for carrying out the provisions of

15 this Act.

16 (b) EQUAL EMPLOYMENT OPPORTUNITY.—Sub17 section (a) shall not relieve any person entering into a con18 tract under the authority of this Act from complying with

19 any law relating to equal employment opportunity.

20 SEC. 8. DISTRIBUTION OF SURCHARGES.

21 Subject to section 10(a), all surcharges received by

22 the Secretary from the sale of coins issued under this Act

23 shall be promptly paid by the Secretary to the Black Revo24 lutionary War Patriots Foundation for the purpose of rais-
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1 ing an endowment to support the construction of a Black

2 Revolutionary War Patriots Memorial.

3 SEC. 9. FINANCIAL ASSURANCES.

4 (a) NO NET COST TO THE GOVERNMENT.—The Sec5 retary shall take such actions as may be necessary to en6 sure that minting and issuing coins under this Act will

7 not result in any net cost to the United States Govern8 ment.

9 (b) PAYMENT FOR COINS.—A coin shall not be issued

10 under this Act unless the Secretary has received—

11 (1) full payment for the coin;

12 (2) security satisfactory to the Secretary to in13 demnify the United States for full payment; or

14 (3) a guarantee of full payment satisfactory to

15 the Secretary from a depository institution whose

16 deposits are insured by the Federal Deposit Insur17 ance Corporation or the National Credit Union Ad18 ministration Board.

19 SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.

20 (a) PAYMENT OF SURCHARGES.—Notwithstanding

21 any other provision of law, no amount derived from the

22 proceeds of any surcharge imposed on the sale of coins

23 issued under this Act shall be paid to the Black Revolu24 tionary War Patriots Foundation unless—
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1 (1) all numismatic operation and program costs

2 allocable to the program under which such coins are

3 produced and sold have been recovered; and

4 (2) the Black Revolutionary War Patriots

5 Foundation submits an audited financial statement

6 which demonstrates to the satisfaction of the Sec7 retary of the Treasury that, with respect to all

8 projects or purposes for which the proceeds of such

9 surcharge may be used, the Foundation has raised

10 funds from private sources for such projects and

11 purposes in an amount which is equal to or greater

12 than the maximum amount the Foundation may re13 ceive from the proceeds of such surcharge.

14 (b) ANNUAL AUDITS.—

15 (1) ANNUAL AUDITS OF RECIPIENTS RE16 QUIRED.—The Black Revolutionary War Patriots

17 Foundation shall provide, as a condition for receiv18 ing any amount derived from the proceeds of any

19 surcharge imposed on the sale of coins issued under

20 this Act, for an annual audit, in accordance with

21 generally accepted government auditing standards by

22 an independent public accountant selected by the

23 Foundation, of all such payments to the Foundation

24 beginning in the first fiscal year of the Foundation

25 in which any such amount is received and continuing
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1 until all such amounts received by the Foundation

2 with respect to such surcharges are fully expended

3 or placed in trust.

4 (2) MINIMUM REQUIREMENTS FOR ANNUAL AU5 DITS.—At a minimum, each audit of the Black Rev6 olutionary War Patriots Foundation pursuant to

7 paragraph (1) shall report—

8 (A) the amount of payments received by

9 the Foundation during the fiscal year of the

10 Foundation for which the audit is conducted

11 which are derived from the proceeds of any sur12 charge imposed on the sale of coins issued

13 under this Act;

14 (B) the amount expended by the Founda15 tion from the proceeds of such surcharges dur16 ing the fiscal year of the Foundation for which

17 the audit is conducted; and

18 (C) whether all expenditures by the Foun19 dation from the proceeds of such surcharges

20 during the fiscal year of the Foundation for

21 which the audit is conducted were for author22 ized purposes.

23 (3) RESPONSIBILITY OF FOUNDATION TO AC24 COUNT FOR EXPENDITURES OF SURCHARGES.—The

25 Black Revolutionary War Patriots Foundation shall
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1 take appropriate steps, as a condition for receiving

2 any payment of any amount derived from the pro3 ceeds of any surcharge imposed on the sale of coins

4 issued under this Act, to ensure that the receipt of

5 the payment and the expenditure of the proceeds of

6 such surcharge by the Foundation in each fiscal year

7 of the Foundation can be accounted for separately

8 from all other revenues and expenditures of the

9 Foundation.

10 (4) SUBMISSION OF AUDIT REPORT.—Not later

11 than 90 days after the end of any fiscal year of the

12 Black Revolutionary War Patriots Foundation for

13 which an audit is required under paragraph (1), the

14 Foundation shall—

15 (A) submit a copy of the report to the Sec16 retary of the Treasury; and

17 (B) make a copy of the report available to

18 the public.

19 (5) USE OF SURCHARGES FOR AUDITS.—The

20 Black Revolutionary War Patriots Foundation may

21 use any amount received from payments derived

22 from the proceeds of any surcharge imposed on the

23 sale of coins issued under this Act to pay the cost

24 of an audit required under paragraph (1).
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1 (6) WAIVER OF SUBSECTION.—The Secretary

2 of the Treasury may waive the application of any

3 paragraph of this subsection to the Black Revolu4 tionary War Patriots Foundation for any fiscal year

5 after taking into account the amount of surcharges

6 which such Foundation received or expended during

7 such year.

8 (7) AVAILABILITY OF BOOKS AND RECORDS.—

9 The Black Revolutionary War Patriots Foundation

10 shall provide, as a condition for receiving any pay11 ment derived from the proceeds of any surcharge im12 posed on the sale of coins issued under this Act, to

13 the Inspector General of the Department of the

14 Treasury or the Comptroller General of the United

15 States, upon the request of such Inspector General

16 or the Comptroller General, all books, records, and

17 workpapers belonging to or used by the Foundation,

18 or by any independent public accountant who au19 dited the Foundation in accordance with paragraph

20 (1), which may relate to the receipt or expenditure

21 of any such amount by the Foundation.

22 (c) USE OF AGENTS OR ATTORNEYS TO INFLUENCE

23 COMMEMORATIVE COIN LEGISLATION.—No portion of any

24 payment to the Black Revolutionary War Patriots Foun25 dation from amounts derived from the proceeds of sur-
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1 charges imposed on the sale of coins issued under this Act

2 may be used, directly or indirectly, by the Foundation to

3 compensate any agent or attorney for services rendered

4 to support or influence in any way legislative action of the

5 Congress relating to the coins minted and issued under

6 this Act.

Passed the House of Representatives September 17,

1996.

Attest: ROBIN H. CARLE,

Clerk.