[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2768 Enrolled Bill (ENR)]
H.R.2768
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To require the Secretary of the Treasury to mint coins in commemoration
of Chief Justice John Marshall.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John Marshall Commemorative Coin
Act''.
SEC. 2. FINDINGS.
The Congress hereby finds as follows:
(1) John Marshall served as the Chief Justice of the United
States Supreme Court from 1801 to 1835, the longest tenure of any
Chief Justice in the Nation's history.
(2) John Marshall authored more than 500 opinions, including
virtually all of the most important cases decided by the Supreme
Court during his tenure.
(3) Under his leadership, the Supreme Court of the United
States gave shape to the fundamental principles of the
Constitution, most notably the principle of judicial review.
(4) John Marshall's service to the United States--not only as a
Chief Justice, but also as a soldier in the Revolutionary War, as a
Member of Congress, and as Secretary of State--truly makes him one
of the most important figures in our Nation's history.
SEC. 3. COIN SPECIFICATIONS.
(a) Denomination.--In commemoration of the 250th anniversary of the
birth of Chief Justice John Marshall, the Secretary of the Treasury
(hereafter in this Act referred to as the ``Secretary'') shall mint and
issue not more than 400,000 $1 coins, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) 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. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this Act
shall be emblematic of Chief Justice John Marshall and his
immeasurable contributions to the Constitution of the United States
and the Supreme Court of the United States.
(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 ``2005''; 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 the
Commission of Fine Arts, and the Supreme Court Historical Society;
and
(2) reviewed by the Citizens Coin Advisory Committee.
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 quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2005.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2005.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to such
coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(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.
(d) Marketing.--The Secretary, in cooperation with the Legacy Fund
of the Library of Congress, shall develop and implement a marketing
program to promote and sell the coins issued under this Act both within
the United States and internationally.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Supreme Court Historical Society for the purposes of--
(1) supporting historical research and educational programs
about the Supreme Court and the Constitution of the United States
and related topics;
(2) supporting fellowship programs, internships, and docents at
the Supreme Court; and
(3) collecting and preserving antiques, artifacts, and other
historical items related to the Supreme Court and the Constitution
of the United States and related topics.
(c) Audits.--The Supreme Court Historical Society shall be subject
to the audit requirements of section 5134(f)(2) of title 31, United
States Code, with regard to the amounts received by the Society under
subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.