I
106TH CONGRESS
2D SESSION
H. R. 3866
To reestablish the annual assay commission.
IN THE HOUSE OF REPRESENTATIVES
MARCH 8, 2000
Mr. ROTHMAN introduced the following bill; which was referred to the
Committee on Banking and Financial Services
A BILL
To reestablish the annual assay commission.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Annual Assay Commis-
sion Act’’.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is in the national interest for the citizens
of the Nation, and those who purchase products of
the United States Mint, to know that gold, silver,
and platinum coinage produced by the several
United States mints are of the proper size, weight,
and purity provided for by law.
(2) From 1792 until 1977, an annual assay
commission, as first required by the Act entitled
‘‘An Act establishing a Mint, and regulating the
Coins of the United States’’ and approved April 2,
1792, performed such functions, until such time as
there were no precious metal coins regularly being
produced by the United States mints.
(3) Since 1977, the United States Mint has
begun regular production of bullion coinage com-
prised of .999 fine silver, .9995 fine platinum, and
gold of either .900 or .999 fine.
(4) Since 1982, the United States Mint has
produced millions of gold and silver commemorative
coins that have sold to collectors and others on the
primary market for more than $1,000,000,000.
(5) It is desirable to involve numismatists, and
others, in the process of marketing and merchan-
dising of coins, of which an annual assay is an im-
portant component part.
(6) There is a marketing need for an annual
ceremony to attest that the coins produced by the
several United States mints are manufactured in
conformity with their statutory requirements, to
publicize the same, and to involve the general and
numismatic public in the annual assay and its re-
port.
SEC. 3. ANNUAL ASSAY REQUIRED.
(a) IN GENERAL.—To secure conformity in the com-
position and weight of the minor coinage of the United
States, subsidiary denominations, dollar coins, and coins
struck in silver, gold, platinum and other precious metals,
an annual assay shall be held in the manner provided in
subsection (b)(4) to test and examine, in the presence of
the Director of the Mint, the fineness and weight of the
coins reserved by the several mints for this purpose.
(b) ASSAY COMMISSION.—
(1) MEMBERSHIP AND APPOINTMENT.—
(A) IN GENERAL.—The annual assay re-
quired under subsection (a) shall be conducted
by an assay commission consisting of such
number of members as the President may de-
termine to be appropriate, not to exceed 25,
who shall be appointed by the President.
(B) 
REPRESENTATION
OF
NUMIS-
MATISTS.—At least 1⁄2 of the members of the
assay commission shall be appointed from
among individuals who are, by reason of edu-
cation, training, or experience, amateur or pro-
fessional numismatists.
(2) TERMS.—Members of the assay commission
shall—
(A) be appointed each year by the Presi-
dent to serve for that year only; and
(B) not be eligible for re-appointment until
a period of not less than 5 years has passed
since their most recent appointment expired.
(3) SERVICE WITHOUT COMPENSATION.—Mem-
bers of the assay commission shall serve without
pay, except that such members shall be entitled to
receive, in accordance with section 5703 of title 5,
United States Code, travel or transportation ex-
penses, or a per diem allowance in lieu of expenses,
while away from such member’s home or place of
business in connection with such member’s service
on the assay commission.
(4) MEETINGS OF ASSAY COMMISSION.—
(A) IN GENERAL.—The assay commission
shall meet on the second Wednesday in Feb-
ruary of each year, to carry out the duties of
the commission under this section.
(B) LOCATION.—The meeting of the assay
commission shall be convened at any United
States mint, or at the United States Mint in
Washington, D.C., as determined by the Direc-
tor of the Mint.
(C) CONTINUATION FOLLOWING ADJOURN-
MENT.—The meeting of the assay commission
may continue following adjournment if nec-
essary.
(D) OTHER MEETINGS.—If a majority of
the members of the assay commission fail to at-
tend any meeting scheduled pursuant to sub-
paragraph (A), the Director of the Mint shall
call a meeting of the commissioners at such
other time as the Director determines to be
convenient.
(5) EXPENSES
OF
ASSAY
COMMISSION.—The
expenses of the assay commission which the Sec-
retary determines are reasonable and appropriate
shall be paid by the Secretary from the United
States Mint Public Enterprise Fund under section
5136 of title 31, United States Code.
(c) SELECTION AND TRANSFER OF COINS.—
(1) IN GENERAL.—In accordance with regula-
tions prescribed by the Secretary of the Treasury,
each superintendent of a United States mint shall
select and transfer, without examination and dis-
crimination, specimens of coins in the manner de-
scribed in paragraphs (2) and (3) for assay at trial
to the Office of the Director of the Mint in Wash-
ington, D.C.
(2) CERTAIN
CIRCULATING
COINS.—For each
issue of circulating coins, other than 1-cent and 5-
cent coins, by any United States mint, specimen
coins for special assay and testing shall be taken at
random as follows:
(A) In the case of dollar coins, half dollar
coins, and quarter dollar coins, not less than 2
coins for each 200,000 pieces or fraction there-
of issued.
(B) In the case of dime coins, not less than
2 coins for each 400,000 pieces or fraction
thereof issued.
(3) OTHER COINS.—For each issue of coins not
described in subparagraph (A) by any United States
mint, including bullion coins and special numismatic
coins, specimen coins for the examination and test-
ing shall be taken at random in such quantities as
the Secretary of the Treasury shall direct, but not
less than 10 coins of each quality of coin struck at
each facility of the United States Mint producing
such coins.
(4) MANNER OF SELECTION AND TRANSFER.—
The selection of specimen coins under this sub-
section shall be made by a superintendent of a
United States mint under this section, or by a rep-
resentative designated by such superintendent, in
the presence of the assayer or person who performs
such assay function, or by a representative des-
ignated by the assayer or other person, without test-
ing and the coins so selected selection shall be pro-
tected from attrition and enclosed in envelopes which
shall be sealed and labeled to show the place of coin-
age, the date, number, and amount of delivery, and
the number and denomination of the pieces enclosed.
(d) PROCEDURE FOLLOWING EXAMINATION
AND
TESTING.—
(1) STANDARDIZED FINENESS AND WEIGHT.—
If it appears to the assay commission, after exam-
ination and testing, that the coins presented to the
assay commission coins do not differ from the stand-
ard fineness and weight by a greater quantity than
is permitted by such regulations as the Secretary of
the Treasury may from time to time prescribe, the
trial by the assay commission shall be considered
and reported as satisfactory.