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la chevalerie vit's avatar

According to Lumo, a currency design must pass an Advisory Review and then receive final approval from the SOT, who is currently prohibited by statute from providing approval if the deceased person requirement is not met.

Therefore it is not illegal to make designs, especially in the context that Congress may change its mind on the issue.

“Based on the legal framework governing U.S. currency, the critical step required for a design to become official is final approval by the Secretary of the Treasury, acting on the recommendation of the Citizens Coinage Advisory Committee (CCAC) for coins or the Citizens Coinage Advisory Committee and the Commission of Fine Arts for currency, followed by the production of the master die or plate at the Bureau of Engraving and Printing (for paper) or the U.S. Mint (for coins).

Here is the breakdown of the process:

Design Submission: The Treasury Department (specifically the Director of the Mint or the Director of the Bureau of Engraving and Printing) solicits or develops design concepts.

Advisory Review:

For coins, the Citizens Coinage Advisory Committee (CCAC) reviews designs and makes recommendations to the Secretary of the Treasury.

For paper currency, the Commission of Fine Arts and the Citizens Coinage Advisory Committee (which also advises on currency) review designs.

Secretary's Approval: The Secretary of the Treasury has the ultimate statutory authority to approve the final design. Under 31 U.S.C. § 5112 (coins) and 31 U.S.C. § 5114 (currency), the Secretary must approve the design before it can be produced.

Production Authorization: Once approved, the design is transferred to a master die (coins) or master intaglio plate (currency). The physical production of the currency cannot begin until this step is complete.

Crucial Legal Constraint: As we discussed regarding the Thayer Amendment (31 U.S.C. § 5114), a critical legal prerequisite for any design is that only the portrait of a deceased individual may appear on the currency. If a design includes a living person, it is statutorily prohibited and cannot be approved by the Secretary.

Therefore, the absolute critical step is the Secretary of the Treasury's formal approval, which serves as the legal gatekeeper ensuring the design complies with all statutes (including the prohibition on living portraits) before it enters the manufacturing phase.”

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