The U.S. Mint is unique because it is the only mint in the world to be controlled by a legal process that requires the government to coordinate its policy. While other mints have requirements to clear specific actions with their parliament or legislative bodies, the U.S. Mint cannot do anything without an act of congress, including changing coin designs.
Congress’s micromanagement of the U.S. Mint is their interpretation of Article I Section 8 of the United States Constitution that says, “The Congress shall have Power… To coin Money, regulate the Value thereof, and of foreign Coin.” It does not say that congress must micromanage the U.S. Mint, nor does it say that congress has to be involved in the design.
Although commemorative coin programs require legislation, over the last 20 years, congress considers these bills as time-fillers when other business does not require their attention. Most of the commemorative coin bills rarely receive a hearing in their committees and usually pass by unanimous consent. These bills are handled to show the general public congress is doing something while brushing it off like dandruff on their shoulders.
With congress putting off difficult negotiations until after elections, the lame-duck session becomes the dumping ground for hard negotiations, usually about spending money and fluff. While congressional leaders negotiated the hard stuff, congress meets and passes bills that have little meaning to the general public. Most numismatic bills have little meaning for the general public. However, passing these bills gives them something to talk about.
Let’s look at the five bills that congress acted on in December:
- H.R. 1830: National Purple Heart Hall of Honor Commemorative Coin Act
Sponsor: Rep. Sean P. Maloney (D-NY)
LAST ACTION: Signed by the President and became Public Law No: 116-247. — Dec 22, 2020
Initially introduced in the House in March 2019, the bill creates a 2022 commemorative coin program to support the National Purple Heart Hall of Honor in New Windsor, New York. The bill was heard during the cleanup, and the lame-duck session finally passing on December 2. president signed the bill on December 22, 2020.
- H.R. 1923: Circulating Collectible Coin Redesign Act of 2020
Sponsor: Rep. Barbara Lee (D-CA)
Passed the House of Representatives — Sep 22, 2020
Passed the Senate with amendments — Dec 17, 2020
LAST ACTION: Message on Senate action sent to the House. — Dec 18, 2020
Initially, this bill was called the Women’s History and Nineteenth Amendment Centennial Quarter Dollar Coin Program Act. Somewhere along the line, congress changed the title. This bill will create a new quarters series to honor women from each state involved with suffrage and the Nineteenth Amendment. The bill was passed by the lame-duck Senate and awaits the president’s signature.
Even though this bill passed the House and Senate, the Senate amended the bill. The House has to agree with the changes, or the bill must go to a Conference Committee to work out the differences. Since the House has not acted on the amendment, the bill is likely to die when congress adjourns sine die on January 3, 2021.
Adjourning sine die, or without a date, is the final adjournment of congress. It will be the formal close of the 116th congress. The 117th congress gaveled in for their first day of business today, on January 3, 2021, as required by the U.S. Constitution.
- H.R. 4104: Negro Leagues Baseball Centennial Commemorative Coin Act
Sponsor: Rep. Emanuel Cleaver (D-MO)
LAST ACTION: Signed by the President and became Public Law No: 116-209. — Dec 4, 2020
This law authorizes a 2022 commemorative coin program to honor the centennial establishment of the Negro Leagues. The surcharges from the coin sales will benefit the Negro Leagues Baseball Museum in Kansas City.
- H.R. 6192: 1921 Silver Dollar Coin Anniversary Act
Sponsor: Rep. Andy Barr (R-KY)
Passed the House of Representatives — Sep 22, 2020
Passed the Senate with amendments — Dec 17, 2020
LAST ACTION: Presented to President. — Dec 24, 2020
The bill that has been all over the numismatic media will allow the U.S. Mint to strike 2021 Morgan and Peace dollars. Congress sent the bill to the president on December 24, 2020. It is waiting for his signature. Constitutionally, he has ten days to act on the bill. Since these are calendar days, January 2, 2021, is the tenth day.
If congress was in session on January 2, the bill becomes law without the president’s signature. If congress adjourned sine die, then the bill is the victim of a pocket veto. There is an indication that congress is still in session discussing updates to the recent COVID-19 stimulus package.
- H.R. 7995: Coin Metal Modification Authorization and Cost Savings Act of 2020
Sponsor: Rep. Mark E. Amodei (R-NV)
Passed the House of Representatives with amendments — Dec 2, 2020
LAST ACTION: Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. — Dec 3, 2020
The House rushed to pass this bill because it allows them to look like they did something. The Senate did not consider this bill and will allow it to die when congress adjourns. It is a bad bill and should die with the end of this congress.
When the 116th Congress adjourns for the final time, any legislation not passed will be considered dead. The slate is wiped clean, and the 117th Congress starts anew. It could be something to look forward to in 2021!