Volume 106 · 2106
Public Law 102–414
To require the Secretary of the Treasury to mint coins in commemoration of the 50th anniversary of the United States’ involvement in World War II.
Approved October 14, 1992
Statutory text
An Act
To require the Secretary of the Treasury to mint coins in commemoration of the 50th anniversary of the United States’ involvement in World War II.
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 “World War II 50th Anniversary Commemorative Coins Act”.
SEC. 2. FINDINGS AND SENSE OF THE CONGRESS.
Findings.—
The Congress finds that—
the period of December 7, 1991, through September 2, 1995, will mark the 50th anniversary of the involvement of the United States in World War II;
over 16,000,000 people served in the Armed Forces of the United States during that conflict;
over 400,000 American men and women gave their lives in defense of freedom around the world during World War II;
World War II fundamentally reshaped the international geopolitical landscape, as well as the economic, political, and cultural institutions of our Nation;
the War involved a clear choice between democracy and tyranny and involved our Nation as a whole in a worldwide battle against the forces of fascism and oppression;
the June 6, 1944, invasion of northern France, when in one day 176,000 Allied military personnel were landed on the beaches of Normandy, was one of World War II’s most celebrated achievements;
the “D-Day” invasion was the largest seaborne invasion in history, and the ensuing 76-day Battle of Normandy was one of the largest land battles in history;
the Battle of Normandy was a key to the Allied forces’ eventual liberation of Europe; and
numerous organizations and individuals across the United States have expressed interest in or are engaged in efforts to draw attention to the 50th anniversary of World War II.
Sense of the Congress.—
It is the sense of the Congress—
that the 50th anniversary of the involvement of the United States in World War II, the Battle of Normandy, and its other important battles should not go unrecognized at the national level;
that the United States should recognize these anniversaries by minting and issuing coins to commemorate these anniversaries; and
the minting of a United States coin to commemorate the Battle of Normandy and “D-Day” would be an appropriate concomitance to the commitment by the Republic of France that it will mint a French commemorative coin in recognition of the anniversary.
SEC. 3. WORLD WAR II COMMEMORATIVE COINS.
The Secretary of the Treasury (hereafter in this Act referred to as the “Secretary”) shall mint and issue coins in accordance with this Act to commemorate the 50th anniversary of the involvement of the United States in World War II.
SEC. 4. SPECIFICATIONS OF COINS.
Denominations.—
The Secretary shall mint and issue the following coins:
Five dollar gold coins.—
Not more than 300,000 five dollar gold coins, each of which shall—
weigh 8.359 grams;
have a diameter of 0.850 inches; and
be composed of 90 percent gold and 10 percent alloy.
One dollar silver coins.—
Not more than 1,000,000 one dollar silver coins, each of which shall—
weigh 26.73 grams;
have a diameter of 1.500 inches; and
be composed of 90 percent silver and 10 percent copper.
Half dollar clad coins.—
Not more than 2,000,000 half dollar coins, each of which shall—
weigh 11.34 grams;
have a diameter of 1.205 inches; and
be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code.
Legal Tender.—
The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code.
SEC. 5. SOURCES OF BULLION.
Gold.—
The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under existing law.
Silver.—
The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act.
SEC. 6. DESIGN OF COINS.
Design Requirements.—
In general.—
The design of the coins authorized under this Act shall, in accordance with subsection (b), be symbolic of the participation of the United States in World War II. In addition, the design of the gold coin authorized under section 4(a)(1) shall be emblematic of the Allied victory in World War II, and the silver coin authorized under section 4(a)(2) shall be emblematic of the Battle of Normandy.
Designations and inscriptions.—
Each coin authorized under this Act shall bear a designation of the value of the coin, an inscription of the years “1991–1995”, and inscriptions of the words “Liberty”, “In God We Trust”, “United States of America”, and “E Pluribus Unum”. In addition, the silver coin authorized under section 4(a)(2) may bear a designation of the date “June 6, 1944” and an inscription of the words “Battle of Normandy” or “D-Day Invasion”.
Design Competition.—
The Secretary shall sponsor a nationwide open competition for the design of each coin authorized by this Act.
Selection.—
The design for each coin authorized by this Act shall be selected by the Secretary from the results of the design competition under subsection (b), after consultation with—
representatives of veterans organizations of the United States whose membership includes veterans of World War II, including—
the American Legion;
the Veterans of Foreign Wars of the United States;
AMVETS (American Veterans of World War II, Korea, and Vietnam); and
the Disabled American Veterans; and
in the case of the one dollar silver coin authorized under section 4(a)(2), the Battle of Normandy Foundation and individuals designated by the Foundation from among individuals who are particularly knowledgeable, by reason of their education, training, or experience, about the history of World War II.
SEC. 7. ISSUANCE OF COINS.
Quality of Coins.—
Coins minted under this Act may be issued in uncirculated and proof qualities.
Mint Facility.—
Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality for the coins minted under this Act.
Commencement of Issuance.—
The Secretary may issue the coins minted under this Act beginning on January 1, 1993.
Termination of Authority.—
Coins may not be minted under this Act after December 31, 1993.
Promotion Consultation for World War II Memorial.—
The Secretary shall determine the role that the American Battle Monuments Commission (hereafter referred to as the “Commission”) and any entity established by the Congress to assist the Commission in erecting a World War II memorial will have in the promotion, advertising, or marketing of coins authorized under this Act. This determination shall be made in consultation with the Commission and any other such entity. The Secretary may enter into a contract involving the promotion, advertising, or marketing of such coins with the Commission and such other entity if the Secretary determines that such a contract would be beneficial in the sale of the coins.
Promotion Consultation for Normandy Memorial.—
In consultation with the Battle of Normandy Foundation, the Secretary shall determine the role such entity shall have in the promotion, advertising, or marketing of the coins authorized under this Act.
Contracts.
The Secretary shall enter into a contract involving the promotion, advertising, or marketing of such coins with the Foundation if the Secretary determines that such a contract would be beneficial in the sale of the coins.
SEC. 8. SALE OF COINS.
In General.—
The Secretary shall sell coins minted under this Act at a price equal to the sum of the face value of the coins, the surcharge provided in subsection (d) with respect to such coins, and the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, and overhead expenses).
Bulk Sales.—
The Secretary shall make any bulk sales of the coins minted under this Act at a reasonable discount to reflect the lower costs of such sales.
Prepaid Orders.—
The Secretary shall accept prepaid orders for the coins minted under this Act prior to the issuance of such coins. Sale prices with respect to such prepaid orders shall be at a reasonable discount.
Surcharges.—
All sales of coins minted under this Act shall include a surcharge of $35 per coin for the five dollar coins, $8 per coin for the one dollar coins, and $2 per coin for the half dollar coins.
SEC. 9. FINANCIAL ASSURANCES.
No Net Cost to Government.—
The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the Federal Government.
Payment for Coins.—
A coin shall not be issued under this Act unless the Secretary has received—
full payment for the coin;
security satisfactory to the Secretary to indemnify the United States for full payment; or
a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Government.
SEC. 10. USE OF SURCHARGES.
Split of Surcharges Between Battle of Normandy Memorial and World War II Memorial.—
Surcharges received from the sale of coins minted under this Act shall be distributed by the Secretary as follows:
Battle of normandy foundation.—
The first $3,000,000 received from the sale of coins shall be transferred to the Battle of Normandy Foundation and used to create, to endow, and to dedicate, on the 50th Anniversary of D-Day, a United States D-Day and Battle of Normandy Memorial in Normandy, France, adjacent to the largest World War II Museum in the world in Caen, France, and to encourage and support visits to the memorial by United States citizens, and especially students.
American battle monuments commission.—
The first $7,000,000 received from the sale of coins after the $3,000,000 referred to in paragraph (1) shall be deposited by the Secretary, subject to subsection (b)(2), in the fund established in the Treasury which is available to the American Battle Monuments Commission for the expenses incurred in establishing a memorial on Federal land in the District of Columbia or its environs to honor members of the Armed Forces of the United States who served in World War II and to commemorate the participation of the United States in that war.
Distribution of excess.—
Of the amounts received from the sale of coins in excess of $10,000,000—
30 percent shall be transferred to the Battle of Normandy Foundation and used in the manner provided in paragraph (1); and
70 percent shall be deposited by the Secretary, subject to subsection (b)(2), in the fund described in paragraph (2).
Use of Funds If Not Used for Memorial.—
Battle of normandy memorial.—
Of the amounts received by the Battle of Normandy Foundation under this section, any amount in excess of the amount spent by the Foundation for the uses described in subsection (a)(1) shall be transferred to the Secretary for deposit in the account provided for in section 8(b)(1) of the Act entitled “An Act to provide standards for placement of commemorative works on certain Federal lands in the District of Columbia and its environs, and for other purposes” and approved November 14, 1986, in the same manner as provided by law for the World War II memorial described in subsection (a)(2).
World war ii memorial.—
If the World War II memorial described in subsection (a)(2) is not authorized by Congress by December 31, 1995, the amounts described in paragraphs (2) and (3)(B) of subsection (a) shall be deposited by the Secretary in the account described in paragraph (1) of this subsection.
Audits.—
The Comptroller General of the United States shall conduct an annual audit of any books, records, documents, and other data—
belonging to the Battle of Normandy Foundation, the American Battle Monuments Commission, and any agency or organization which receives any amount from the fund described in subsection (a); and
relating to the expenditure of any amount received under subsection (a) or from the fund, until all amounts received by the foundation, commission, agency, or organization under subsection (a) or from the fund have been spent and the expenditure of such amounts has been audited.
SEC. 11. REPORT TO CONGRESS.
Not later than March 31, 1994, the Secretary shall submit to the Congress a report regarding the activities carried out under this Act.
SEC. 12. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
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 relating to the minting or selling of the coins authorized by this Act.
Equal Employment Opportunity.—
Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity.
SEC. 13. COINAGE PROFIT FUND.
Deposits.—
All amounts received from the sale of coins issued under this Act shall be deposited in the coinage profit fund.
Payments.—
The Secretary shall pay the amounts authorized under section 10 from the coinage profit fund.
Expenditures.—
The Secretary shall charge the coinage profit fund with all expenditures under this Act.
Approved October 14, 1992.