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 Revolution-
ary War patriot, Crispus Attucks.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Black Revolutionary
War Patriots Commemorative Coin Act’’.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 SILVER COINS.—In commemoration of Black
Revolutionary War patriots and the 275th anniversary of
the birth of the 1st Black Revolutionary War patriot,
Crispus Attucks, who was the 1st American colonist killed
by British troops during the Revolutionary period, the
Secretary of the Treasury (hereafter in this Act referred
to as the ‘‘Secretary’’) shall mint and issue not more than
500,000 1 dollar coins, each of which shall—
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent
copper.
(b) LEGAL TENDER.—The coins minted under this
Act shall be legal tender, as provided in section 5103 of
title 31, United States Code.
(c) NUMISMATIC ITEMS.—For purposes of section
5136 of title 31, United States Code, all coins minted
under this Act shall be considered to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins
under this Act only from stockpiles established under the
Strategic and Critical Materials Stock Piling Act.
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SEC. 4. DESIGN OF COINS.
(a) DESIGN REQUIREMENTS.—
(1) IN GENERAL.—The design—
(A) on the obverse side of the coins minted
under this Act shall be emblematic of the 1st
Black Revolutionary War patriot, Crispus
Attucks; and
(B) on the reverse side of such coins shall
be emblematic of the Black Revolutionary War
Patriots Memorial.
(2) DESIGNATION
AND
INSCRIPTIONS.—On
each coin minted under this Act there shall be—
(A) a designation of the value of the coin;
(B) an inscription of the year ‘‘1998’’; and
(C) inscriptions of the words ‘‘Liberty’’,
‘‘In God We Trust’’, ‘‘United States of Amer-
ica’’, and ‘‘E Pluribus Unum’’.
(b) SELECTION.—The design for the coins minted
under this Act shall be—
(1) selected by the Secretary after consultation
with the Black Revolutionary War Patriots Founda-
tion and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative
Coin Advisory Committee.
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SEC. 5. ISSUANCE OF COINS.
(a) QUALITY OF COINS.—Coins minted under this
Act shall be issued in uncirculated and proof qualities.
(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 Act.
(c) COMMENCEMENT OF ISSUANCE.—The Secretary
may issue coins minted under this Act beginning January
1, 1998 .
(d) TERMINATION
OF MINTING AUTHORITY.—No
coins may be minted under this Act after December 31,
1998.
SEC. 6. SALE OF COINS.
(a) SALE PRICE.—The coins issued under this Act
shall be sold by the Secretary at a price equal to the sum
of—
(1) the face value of the coins;
(2) the surcharge provided in subsection (d)
with respect to such coins; and
(3) the cost of designing and issuing the coins
(including labor, materials, dies, use of machinery,
overhead expenses, marketing, and shipping).
(b) BULK SALES.—The Secretary shall make bulk
sales of the coins issued under this Act at a reasonable
discount.
(c) PREPAID ORDERS.—
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(1) IN GENERAL.—The Secretary shall accept
prepaid orders for the coins minted under this Act
before the issuance of such coins.
(2) DISCOUNT.—Sale prices with respect to pre-
paid orders under paragraph (1) shall be at a rea-
sonable discount.
(d) SURCHARGES.—All sales shall include a sur-
charge of $10 per coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULA-
TIONS.
(a) IN GENERAL.—Except as provided in subsection
(b), 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.
(b) EQUAL
EMPLOYMENT
OPPORTUNITY.—Sub-
section (a) shall not relieve any person entering into a con-
tract under the authority of this Act from complying with
any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by
the Secretary from the sale of coins issued under this Act
shall be promptly paid by the Secretary to the Black Revo-
lutionary War Patriots Foundation for the purpose of rais-
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ing an endowment to support the construction of a Black
Revolutionary War Patriots Memorial.
SEC. 9. FINANCIAL ASSURANCES.
(a) NO NET COST TO THE GOVERNMENT.—The Sec-
retary shall take such actions as may be necessary to en-
sure that minting and issuing coins under this Act will
not result in any net cost to the United States Govern-
ment.
(b) PAYMENT FOR COINS.—A coin shall not be issued
under this Act unless the Secretary has received—
(1) full payment for the coin;
(2) security satisfactory to the Secretary to in-
demnify 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 Insur-
ance Corporation or the National Credit Union Ad-
ministration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) PAYMENT
OF SURCHARGES.—Notwithstanding
any other provision of law, no amount derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act shall be paid to the Black Revolu-
tionary War Patriots Foundation unless—
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(1) all numismatic operation and program costs
allocable to the program under which such coins are
produced and sold have been recovered; and
(2) the Black Revolutionary War Patriots
Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Sec-
retary of the Treasury that, with respect to all
projects or purposes for which the proceeds of such
surcharge may be used, the Foundation has raised
funds from private sources for such projects and
purposes in an amount which is equal to or greater
than the maximum amount the Foundation may re-
ceive from the proceeds of such surcharge.
(b) ANNUAL AUDITS.—
(1) ANNUAL
AUDITS
OF
RECIPIENTS
RE-
QUIRED.—The Black Revolutionary War Patriots
Foundation shall provide, as a condition for receiv-
ing any amount derived from the proceeds of any
surcharge imposed on the sale of coins issued under
this Act, for an annual audit, in accordance with
generally accepted government auditing standards by
an independent public accountant selected by the
Foundation, of all such payments to the Foundation
beginning in the first fiscal year of the Foundation
in which any such amount is received and continuing
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until all such amounts received by the Foundation
with respect to such surcharges are fully expended
or placed in trust.
(2) MINIMUM REQUIREMENTS FOR ANNUAL AU-
DITS.—At a minimum, each audit of the Black Rev-
olutionary War Patriots Foundation pursuant to
paragraph (1) shall report—
(A) the amount of payments received by
the Foundation during the fiscal year of the
Foundation for which the audit is conducted
which are derived from the proceeds of any sur-
charge imposed on the sale of coins issued
under this Act;
(B) the amount expended by the Founda-
tion from the proceeds of such surcharges dur-
ing the fiscal year of the Foundation for which
the audit is conducted; and
(C) whether all expenditures by the Foun-
dation from the proceeds of such surcharges
during the fiscal year of the Foundation for
which the audit is conducted were for author-
ized purposes.
(3) RESPONSIBILITY OF FOUNDATION TO AC-
COUNT FOR EXPENDITURES OF SURCHARGES.—The
Black Revolutionary War Patriots Foundation shall
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take appropriate steps, as a condition for receiving
any payment of any amount derived from the pro-
ceeds of any surcharge imposed on the sale of coins
issued under this Act, to ensure that the receipt of
the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year
of the Foundation can be accounted for separately
from all other revenues and expenditures of the
Foundation.
(4) SUBMISSION OF AUDIT REPORT.—Not later
than 90 days after the end of any fiscal year of the
Black Revolutionary War Patriots Foundation for
which an audit is required under paragraph (1), the
Foundation shall—
(A) submit a copy of the report to the Sec-
retary of the Treasury; and
(B) make a copy of the report available to
the public.
(5) USE OF SURCHARGES FOR AUDITS.—The
Black Revolutionary War Patriots Foundation may
use any amount received from payments derived
from the proceeds of any surcharge imposed on the
sale of coins issued under this Act to pay the cost
of an audit required under paragraph (1).
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(6) WAIVER OF SUBSECTION.—The Secretary
of the Treasury may waive the application of any
paragraph of this subsection to the Black Revolu-
tionary War Patriots Foundation for any fiscal year
after taking into account the amount of surcharges
which such Foundation received or expended during
such year.
(7) AVAILABILITY OF BOOKS AND RECORDS.—
The Black Revolutionary War Patriots Foundation
shall provide, as a condition for receiving any pay-
ment derived from the proceeds of any surcharge im-
posed on the sale of coins issued under this Act, to
the Inspector General of the Department of the
Treasury or the Comptroller General of the United
States, upon the request of such Inspector General
or the Comptroller General, all books, records, and
workpapers belonging to or used by the Foundation,
or by any independent public accountant who au-
dited the Foundation in accordance with paragraph
(1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) USE OF AGENTS OR ATTORNEYS TO INFLUENCE
COMMEMORATIVE COIN LEGISLATION.—No portion of any
payment to the Black Revolutionary War Patriots Foun-
dation from amounts derived from the proceeds of sur-
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charges imposed on the sale of coins issued under this Act
may be used, directly or indirectly, by the Foundation to
compensate any agent or attorney for services rendered
to support or influence in any way legislative action of the
Congress relating to the coins minted and issued under
this Act.
Passed the House of Representatives September 17,
1996.
Attest:
ROBIN H. CARLE,
Clerk.