Pub. L. 103-328, tit. II, sec. 208
UNITED STATES BOTANIC GARDEN COMMEMORATIVE COINS.
SEC. 208. UNITED STATES BOTANIC GARDEN COMMEMORATIVE COINS. (a) Coin Specifications.— (1) One-dollar silver coins.— (A) Issuance.—The Secretary of the Treasury (hereafter in this section referred to as the “Secretary”) shall mint and issue not more than 500,000 $1 coins, which shall weigh 26.73 grams, have a diameter of 1.500 inches, and contain 90 percent silver and 10 percent copper. (B) Design.—The design of the coins issued under this section shall be a rose, the national floral emblem, and a frontal view of the French facade of the United States Botanic Garden. On each coin there shall be a designation of the value of the coin, an inscription of the years “1820–1995”, and inscriptions of the words “Liberty”, In God We Trust”, “United States of America”, and “E Pluribus Unum”. (2) Legal tender.—The coins issued under this section shall be legal tender, as provided in section 5103 of title 31, United States Code. (3) Numismatic items.—For purposes of section 5134 of title 31, United States Code, all coins minted under this section shall be considered to be numismatic items. (b) Source of Bullion.—The Secretary shall obtain silver for the coins minted under this section only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. (c) Selection of Design.—The design for the coins minted under this section shall be— (1) selected by the Secretary after consultation with the National Fund for the United States Botanic Garden and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. (d) Issuance of Coins.— (1) Quality of coins.—Coins minted under this section may be issued in uncirculated and proof qualities. (2) Mint facility.—Not more than 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this section. (3) Period of issuance.—The Secretary may issue coins minted under this section during the period beginning on January 1, 1997, and ending on December 31, 1997. (e) Sale of Coins.— (1) Sale price.—The coins authorized under this section shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge provided in paragraph (4) with respect to such coins, and the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (2) Bulk sales.—The Secretary shall make bulk sales available at a reasonable discount. (3) Prepaid orders.—The Secretary shall accept prepaid orders for the coins authorized under this section prior to the issuance of such coins. Sales under this paragraph shall be at a reasonable discount. (4) Surcharge required.—All sales shall include a surcharge of $10 per coin. (f) General Waiver of Procurement Regulations.— 108 STAT. 2378 (1) In general.—Except as provided in paragraph (2), 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 section. (2) Equal employment opportunity.—Paragraph (1) shall not relieve any person entering into a contract under the authority of this section from complying with any law relating to equal employment opportunity. (g) Distribution of Surcharges.—All surcharges received by the Secretary from the sale of coins issued under this section shall be promptly paid by the Secretary to the National Fund for the United States Botanic Garden. (h) Audits.—The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National Fund for the United States Botanic Garden as may be related to the expenditures of amounts paid under subsection (g). (i) Financial Assurances.— (1) No net cost to the government.—The Secretary shall take all actions necessary to ensure that the issuance of the coins authorized by this section shall result in no net cost to the United States Government. (2) Adequate security for payment required.—No coin shall be issued under this section unless the Secretary has received— (A) full payment therefor; (B) security satisfactory to the Secretary to indemnify the United States for full payment; or (C) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.