Assessing the Lame Duck

On November 6, two weeks ago, the United States held an election and it resulted in basically no change in the political structure. President Barack Obama was re-elected, the House of Representatives is still being lead by the Republicans and the Senate by the Democrats. Leadership in both chambers should not change.

For numismatists, there will be one change in the 113th Congress with the retirement of Ron Paul (R-TX) who is currently Chairman of the Financial Services Subcommittee on Domestic Monetary Policy and Technology, the subcommittee that oversees the U.S. Mint. There will also be a change on the leadership of the Financial Services Committee itself with the retirement of Barney Frank (D-MA), the Democrats will have to select a ranking member. There is no speculation as to who will replace these two retiring representatives.

In retrospect, after worrying about Paul becoming chairman of this subcommittee, the Financial Services Committee was able to maneuver around Paul’s usual intransigence by taking on legislation at the committee level rather than rely on the vetting of the subcommittee. In fact, because of Paul’s attempted run for the presidency, his absence made it easy for the committee to bypass his subcommittee.

There is still work for the 112th congress to do aside from the “fiscal cliff” and sequestration. H.R. 5977, the Collectible Coin Protection Act, still needs to be acted upon. The Collectible Coin Protection Act will allow collectors, dealers, and grading services to bring legal actions that are much more effective, with much stronger remedies than previously existed. It will allow those harmed to work with the Justice Department to bring criminal actions, where appropriate.

Now that congress is in their lame duck session, the only way H.R. 5977 can become law, is to have it considered under suspension of the rules and force an up or down vote. In order for the bill to be considered under suspension of the rules will be to have members of congress co-sponsor the legislation. At the time of this writing, there are 11 co-sponsors from both sides of the aisle. I urge all of my readers to support H.R. 5977 by asking their representative to co-sponsor H.R. 5977. If you can help, read the information I wrote for the posting “ANACS Revelation Shows We Continue to Have Counterfeit Problems” that describes how to contact your member of congress.

Bibiana Boerio was nominate to be the Director of the U.S. Mint.

Another bit of business left for the lame duck Senate is the nomination of Bibiana Boerio to be the 39th Director of the United States Mint. Although there has been no report of problems with her nomination, the partisanship battles in the Senate could cause a senator to threaten a filibuster to put her confirmation on hold. If Boerio is not confirmed by the final adjournment of the 112th Congress, President Obama will have to resubmit her nomination to the 113th Congress after it is seated on January 3rd.

An issue that will probably be deferred to the 113th congress will be the report to congress that is required under the Coin Modernization, Oversight, and Continuity Act of 2010, (Public Law No: 111-302 [Text] [PDF]). The law requires the U.S. Mint to produce a report about the metals used for coinage and alternatives two years from enactment. Since the law was signed by the president on December 14, 2010, the U.S. Mint is required to submit their report by December 14, 2012.

Adolph A. Weinman’s Winged Liberty Head “Mercury” Dime effigy to be used on the new palladium bullion coin.

Another issue that will also probably be deferred to the 113th congress will be the study of the viability of issuing palladium bullion coins. Under the American Eagle Palladium Bullion Coin Act of 2010 (Public Law No: 111-303 [Text] [PDF]), the U.S. Mint is supposed to study whether it is viable to produce palladium coins as specified under the Act. That report is also due to congress on December 14, 2012.

Although there is no report from the U.S. Mint as to the status of either report, it would be reasonably certain that the U.S. Mint will submit both reports by December 14. However, it would also be reasonably certain that the House Financial Services Subcommittee on Domestic Monetary Policy and Technology will leave it for the next congress’s agenda.

Congressional Watch: Two Coin-Related Bills Passed

In a rare move of bipartisanship, the Senate passed two bills coin-related bills by Unanimous Consent on Tuesday that were previously passed by the House of Representatives. Bills passed by Unanimous Consent are agree upon by both party’s leaders and a voice vote is taken on the floor as a formality. No record of the vote is taken.

The first bill that passed is the Coin Modernization, Oversight, and Continuity Act of 2010 (H.R.6166). Introduced by Melvin Watt (D-NC), Chairman of the Subcommittee on Domestic Monetary Policy and Technology following the hearing of “The State of U.S. Coins and Currency” held on July 20, 2010. As passed, the law requires the U.S. Mint to research minting metals used for coining money and to report to congress what changes should be made to prevent coin production from costing more than its face value. One forward thinking aspect of the law is that it requires to U.S. Mint to tie the research to actual production numbers, as opposed to hypothetical figures. The U.S. Mint has two years to complete the research and report back to the subcommittee.

H.R.6166 also includes two technical changes to the law that will affect collectors. One change allows the U.S. Mint to change size of the planchet used for the National Park Bullion Program from 3-inches to a size between 2.5 and 3-inches. This will help the U.S. Mint deal with technical issues that has delayed the issue of the five ounce bullion coins.

For fans of the American Eagle proof programs, a wording change in the law allows the U.S. Mint to divert gold and silver to meet the demand for numismatic collectible coins. The change does not set minimum or maximum limits of coins struck but it will prevent future gaps in our collections.

Speaking of the American Eagle program, the Senate also passed the American Eagle Palladium Bullion Coin Act of 2010 (H.R.6166). The bill was introduced by Rep. Dennis Rehberg (R-MT) in support of the primary support of palladium mining in Montana where 95-percent of all United States palladium deposits are. The new law will add a one-ounce .9995 fine palladium bullion coin to the American Eagle Bullion Program. The coin will have a $25 face value and require that “the obverse shall bear a high-relief likeness of the ‘Winged Liberty’ design used on the obverse of the so-called ‘Mercury dime’” making it yet another bullion coin that will feature a design from the early 20th century. For the reverse, the law says that the coin “shall bear a high-relief version of the reverse design of the 1907 American Institute of Architects medal.” Both the Mercury Dime and 1907 AIA medal were design by Adolph A. Weinman, whose Walking Liberty design is used on the American Silver Eagle coins.

When the same bill passes both houses of congress, the bill is formally enrolled by being printed in the Congressional Record and printed on archival paper before being sent to the White House for the president’s signature. President Obama is expected to sign both bills when the paperwork makes it way down Pennsylvania Avenue.

1938 Mercury Dime image is owned by the author.
Image of the 1907 AIA Medal copied from Architecture: celebrating the past, designing the future by Nancy B. Solomon.

Lame Duck Prognostications

Recently, I met someone familiar with the internal workings of congress. After talking about the election, I asked about the coin-related bills that were still in congress waiting for action in the lame duck session. I passed along the link to my post about Coin Legislation in the 111th Congress and asked if any of the bills passed the House of Representatives and in a Senate committee had the chance of being voted on. I was given the following report:

Bills Passed by the House and Referred to the Senate
Three bills have passed the House and sent to the Senate for their action. These bills are currently waiting for action in the Committee on Banking, Housing, and Urban Affairs. All three bills are expected to pass with the following modifications:

  1. Mother’s Day Centennial Commemorative Coin Act will pass without modification.
  2. American Eagle Palladium Bullion Coin Act of 2010 will be modified to allow the U.S. Mint to begin striking palladium coins in 2012.
  3. Coin Modernization, Oversight, and Continuity Act of 2010 will pass with the possible modification that the report is due to congress within 15 days of the end of the 2012 fiscal year.

Bills that are modified are required to be reconciled by a conference committee or just accepted by the House. It is expected that the House will accept the modifications by unanimous consent and will be signed by the president.

Bills Introduced in the House of Representatives
There are 13 commemorative coin bills waiting for action in the House Subcommittee on Domestic Monetary Policy and Technology. None of the bills are expected to receive attention and will “die in committee” at the adjournment of the 111th Congress.

In addition to the commemorative bills, there are three other bills related to collectors and investors that are likely to see some action:

  1. Free Competition in Currency Act of 2009 was introduced by Ron Paul (R-TX) and referred to the Subcommittee on Commercial and Administrative Law. The basic provisions of this bill calls for the elimination of all taxes on the sale and transfer of bullion and coins. It also changes the law to allow precious metals to be used as coins or a medium of exchange. As the future chairman of the Domestic Monetary Policy and Technology Subcommittee, Paul may not push this bill. Rather, he will wait until the 112th congress to have it assigned to his subcommittee so he can control the outcome. This bill is unlikely to pass in the Democratic-controlled lame duck congress.
  2. Coin and Precious Metal Disclosure Act was introduced by Anthony D. Weiner (D-NY) and referred to the House Committee on Energy and Commerce. This bill is referred to as the Goldline Act since Rep. Weiner has targeted Goldline in his commentary regarding this bill. Because of the controversial nature of this bill and the potential for side effects that could hurt other industries, it is unlikely that this bill will be brought up again in committee.
  3. Small Business Paperwork Mandate Elimination Act was introduced by Dan Lungren (R-CA) and referred to the House Committee on Ways and Means. This is the bill that will remove the requirement to report all goods and services purchased in excess of $600 with an IRS 1099 form beginning in 2012 that was part of the health care reform legislation. Almost everyone in almost every industry is in favor of this bill’s passage. Sen. Mike Johanns (R-NE) has introduced S.3578 as a companion bill in the Senate. Although this bill has bipartisan support and should pass with few issues, there is a concern that more conservative members will create a problem when demanding that revenues lost by this measure be made up elsewhere. Revenue enhancements (read: taxes) will be deferred to the 112th congress allowing this bill to pass. The president is expected to sign this bill into law.

Bills Introduced in the Senate
There are 11 commemorative coin bills waiting for action in the Senate Committee on Banking, Housing, and Urban Affairs. Only the Mother’s Day Centennial Commemorative Coin Act introduced by John D. Rockefeller (D-WV) as S.1012 may receive some consideration. Sources report that this may be done as a favor by outgoing Chairman Christopher Dodd (D-CT) for Sen. Rockefeller. If this bill is voted on by the Senate, it is unlikely to be considered in the House.

No further bills are expected to be introduced.

This will end the 111th Congress. It will certainly make for an interesting study for future historians. But for today, we can only wonder what the 112th Congress will have in store for collectors.

Palladium Eagle May Be Coming

In a rare swift move by the House of Representatives, H.R. 6166, American Eagle Palladium Bullion Coin Act of 2010, was introduced, discharged from the House Committee on Financial Services, considered on the floor, and passed without objection. With its passage in the House, the bill was Engrossed and sent to the Senate for consideration.

In the Senate, the bill was read twice and referred to the Committee on Banking, Housing, and Urban Affairs. Congress has adjourned for the election season.

H.R. 6166 was introduced by Rep. Denny Rehberg (R-MT), the representative at-large from Montana. Montana is home of the Stillwater Mining Company, (NYSE: SWC) the only producer of palladium in the United States. Stillwater also owns platinum mines that supplies the U.S. Mint with platinum for American Eagle Bullion coins. With this bill, Rehberg adds his name to a long line of congressmen who have introduced bills to protect their state’s mining interests by using the U.S. Mint as a primary purchaser.

In the world of metal investing, palladium is behind gold, silver, and platinum in demand. Palladium is not as popular in the United States as it is in other countries. Palladium sells better than silver in Canada and Europe. It is rarer than gold, but a little more abundant than platinum but has the silky look of platinum while being almost as ductile as silver. Artists in Europe and Asia are beginning to use palladium instead of platinum for their higher-end designs.

Since the price of palladium is less than the price of gold and platinum, it is possible that investors could consider palladium as part of a diverse portfolio. Those who believe in “end of the world” scenarios will not be interested because the secondary market is not as strong as it is for gold.

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The bill requires that “the obverse shall bear a high-relief likeness of the ‘Winged Liberty’ design used on the obverse of the so-called ‘Mercury dime’” making it yet another bullion coins using a design from the early 20th century. For the reverse, the law says that it “shall bear a high-relief version of the reverse design of the 1907 American Institute of Architects medal.” Both the Mercury Dime and 1907 AIA medal were design by Adolph A. Weinman, whose Walking Liberty design is used on the American Silver Eagle coin.

In other words, congress saying that it does not trust the U.S. Mint to create a design suitable for this coin. While some might have an issue with the design of recent coins, it would be nice to unleash the creativity of the U.S. Mint’s artists and allow them to make a design to represent Liberty. Maybe if the artists were less constrained, they can use their talents.

Another provision of the bill is that aside from using palladium from U.S. sources, it allows the U.S. Mint to purchase palladium from other sources. The bill also makes a distinction between proof and bullion coins allowing the U.S. Mint consider minting proofs to meet collector demand… or not depending on whether there is a demand and a supply to meet the demand. In other words, it will be up to the government lawyers to figure out what is meant by the wording in the bill!

If the bill passes the Senate and signed by the President, palladium bullion coins will not be issued until 2012 because it is too late in the year for the U.S. Mint to plan to issue this coin.

1938 Mercury Dime image is owned by the author.
Image of the 1907 AIA Medal copied from Architecture: celebrating the past, designing the future by Nancy B. Solomon.

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