[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session] [From the U.S. Government Printing Office, www.gpo.gov] 118 STAT. 1017 Public Law 108-289 108th Congress An Act To provide for the issuance of a coin to commemorate the 400th anniversary of the Jamestown settlement. NOTE: Aug. 6, 2004 - [H.R. 1914] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, NOTE: Jamestown 400th Anniversary Commemorative Coin Act of 2004. 31 USC 5112 note. SECTION 1. SHORT TITLE. This Act may be cited as the ``Jamestown 400th Anniversary Commemorative Coin Act of 2004''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The founding of the colony at Jamestown, Virginia, in 1607, the first permanent English colony in America, and the capital of Virginia for 92 years, has major significance in the history of the United States. (2) The Jamestown Settlement brought people from throughout the Atlantic Basin together to form a society that drew upon the strengths and characteristics of English, European, African, and Native American cultures. (3) The economic, political, religious, and social institutions that developed during the first 9 decades of the existence of Jamestown continue to have profound effects on the United States, particularly in English common law and language, cross cultural relationships, manufacturing, and economic structure and status. (4) The National Park Service, the Association for the Preservation of Virginia Antiquities, and the Jamestown-Yorktown Foundation of the Commonwealth of Virginia collectively own and operate significant resources related to the early history of Jamestown. (5) In 2000, Congress established the Jamestown 400th Commemoration Commission to ensure a suitable national observance of the Jamestown 2007 anniversary and to support and facilitate marketing efforts for a commemorative coin, stamp, and related activities for the Jamestown 2007 observances. (6) A commemorative coin will bring national and international attention to the lasting legacy of Jamestown, Virginia. (7) The proceeds from a surcharge on the sale of such commemorative coin will assist the financing of a suitable national observance in 2007 of the 400th anniversary of the founding of Jamestown, Virginia. [[Page 1018]] 118 STAT. 1018 SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 5 dollar coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 1 dollar coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) 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 sections 5134 and 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 gold and silver for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the settlement of Jamestown, Virginia, the first permanent English settlement in America. (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 ``2007''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', 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-- (A) the Jamestown 2007 Steering Committee, created by the Jamestown-Yorktown Foundation of the Commonwealth of Virginia; (B) the National Park Service; and (C) the Commission of Fine Arts; and (2) reviewed by the citizens advisory committee established under section 5135 of title 31, United States Code. 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 combination of denomination and quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2007, and ending on December 31, 2007. [[Page 1019]] 118 STAT. 1019 SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (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 prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales shall include a surcharge of $35 per coin for the $5 coins and $10 per coin for the $1 coins. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) Programs to promote understanding of the legacies of jamestown.--\1/2\ of the surcharges shall be used to support programs to promote the understanding of the legacies of Jamestown and for such purpose shall be paid to the Jamestown- Yorktown Foundation of the Commonwealth of Virginia. (2) Other purposes for surcharges.-- (A) In general.--\1/2\ of the surcharges shall be used for the following purposes: (i) To sustain the ongoing mission of preserving Jamestown. (ii) To enhance national and international educational programs relating to Jamestown, Virginia. (iii) To improve infrastructure and archaeological research activities relating to Jamestown, Virginia. (iv) To conduct other programs to support the commemoration of the 400th anniversary of the settlement of Jamestown, Virginia. (B) Recipients of surcharges for such other purposes.--The surcharges referred to in subparagraph (A) shall be distributed by the Secretary in equal shares to the following organizations for the purposes described in such subparagraph: (i) The Secretary of the Interior. (ii) The Association for the Preservation of Virginia Antiquities. (iii) The Jamestown-Yorktown Foundation of the Commonwealth of Virginia. (c) Audits.--The Jamestown-Yorktown Foundation of the Commonwealth of Virginia, the Secretary of the Interior, and the Association for the Preservation of Virginia Antiquities shall each be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code. (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of [[Page 1020]] 118 STAT. 1020 any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. Approved August 6, 2004. LEGISLATIVE HISTORY--H.R. 1914: --------------------------------------------------------------------------- HOUSE REPORTS: No. 108-472, Pt. 1 (Comm. on Financial Services) and Pt. 2 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 150 (2004): July 14, considered and passed House. July 20, considered and passed Senate.