II 111th CONGRESS 1st Session S. 2106 IN THE SENATE OF THE UNITED STATES October 29, 2009 Mrs. Lincoln (for herself and Mr. Pryor) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to mint coins in commemoration of the 225th anniversary of the establishment of the Nation’s first law enforcement agency, the United States Marshals Service.

1.

Short title

This Act may be cited as the United States Marshals Service 225th Anniversary Commemorative Coin Act.

2.

Findings

The Congress hereby finds as follows: (1)The United States Marshals Service, the first law enforcement agency in America, was established under section 27 of the Act of Congress entitled Chapter XX.—An Act to Establish the Judicial Courts of the United States and enacted on September 24, 1789 (commonly referred to as the Judiciary Act of September 24, 1789), during the 1st Session of the 1st Congress and signed into law by the 1st President of the United States, George Washington. (2)George Washington had carefully considered the appointments to the Judicial branch long before the enactment of the Judiciary Act of September 24, 1789, and appointed the first 13 United States Marshals on September 26, 1789, 2 days after signing the Act into law. (3)The United States Marshals Service has had major significance in the history in the United States and has directly contributed to the safety and preservation of this Nation, by serving as an instrument of civil authority used by all 3 branches of the United States Government. (4)One of the original 13 United States Marshals, Robert Forsyth of Georgia, a 40-year-old veteran of the Revolutionary War, was the first civilian official of the United States Government, and the first of many United States Marshals and deputies, to be killed in the line of duty when he was shot on January 11, 1794, while trying to serve civil process. (5)The United States Marshals Service Commemorative Coin will be the first commemorative coin to honor the United States Marshals Service. (6)In 2008, the United States Marshals Service established a 225th Anniversary Committee to ensure a suitable national observance of the United States Marshals Service 225th Anniversary to take place on or about September 24, 2014, to support and facilitate marketing efforts for a commemorative coin and related activities for the United States Marshals Service 2014 observances. (7)A commemorative coin will bring national and international attention to the lasting legacy of this Nation's oldest law enforcement agency. (8)The United States should pay tribute to the Nation’s oldest law enforcement agency, the United States Marshals Service, by minting and issuing commemorative coins as defined herein. (9)The proceeds from a surcharge on the sale of such commemorative coins will assist the financing of several national monuments, museums, and charitable organizations including the United States Marshals Service National Museum, the National Law Enforcement Museum and Memorial, and The Center for Missing and Exploited Children.

3.

Coin specifications

(a)

Denominations

In commemoration of the 225th anniversary of the establishment of the United States Marshals Service, the Secretary of the Treasury (hereafter in this Act referred to as the Secretary) shall mint and issue the following coins: (1)

$5 Gold coins

Not more than 100,000 $5 gold coins which shall— (A)weigh 33.931 grams; (B)have a diameter of 32.7 millimeters; and (C)contain 1 troy ounce of fine gold. (2)

$1 Silver coins

Not more than 500,000 $1 coins of each of the designs specified in section 4(a)(3)(B), which shall— (A)weigh 26.73 grams; (B)have a diameter of 1.500 inches; and (C)contain 90 percent silver and 10 percent alloy. (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 section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d)

Mintage Level Limit

Notwithstanding the mintage level limit described under section 5112(m)(2)(A)(ii) of title 31, United States Code, the Secretary of the Treasury may mint and issue not more than 500,000 of each of the $1 coins and 100,000 of each of the $5 coins authorized to be minted under this Act.

4.

Design of coins

(a)

Design Requirements

(1)

In general

The design of the coins minted under this Act shall be emblematic of the 225 years of exemplary and unparalleled achievements of the United States Marshals Service. (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 2014; and (C)inscriptions of the words Liberty, In God We Trust, United States of America, and E Pluribus Unum, and such other inscriptions as the Secretary may determine to be appropriate for the designs of the coins. (3)

Coin images

(A)

$5 gold coins

(i)

Obverse

The obverse of the $5 coins issued under this Act shall bear an image of the Marshals Services Star (a.k.a. America’s Star). (ii)

Reverse

The reverse of the $5 coins issued under this Act shall bear a design emblematic of the sacrifice and service of the men and women of the United States Marshals Service who lost their lives in the line of duty. (iii)

Edge incusion

It is the sense of the Congress that, to the extent practicable, the edge of the $5 coins issued under this Act shall bear the motto of the United States Marshals Service Justice, Integrity, Service. (iv)

High relief

The design and inscriptions on the obverse and reverse of the $5 coins issued under this Act shall be in high relief. (B)

$1 silver coins

(i)

Obverse

The obverse of the $1 coins issued under this Act shall bear an image of the Marshals Services Star (a.k.a. America’s Star). (ii)

Edge incusion

It is the sense of the Congress that, to the extent practicable, the edge of each $1 coin shall bear the motto of the United States Marshals Service Justice, Integrity, Service. (4)

Realistic and historically accurate depictions

The images for the designs of coins issued under this Act shall be selected on the basis of the realism and historical accuracy of the images and on the extent to which the images are reminiscent of the dramatic and beautiful artwork on coins of the so-called Golden Age of Coinage in the United States, at the beginning of the Twentieth Century, with the participation of such noted sculptors and medallic artists as James Earle Fraser, Augustus Saint-Gaudens, Victor David Brenner, Adolph A. Weinman, Charles E. Barber, and George T. Morgan. (b)

Selection

The design for the coins minted under this Act shall be— (1)selected by the Secretary, after consultation with the Director of the United States Marshals Service, the Historian of the United States Marshals Service, and the Commission of Fine Arts; and (2)reviewed by— (A)the Citizens Coin Advisory Committee; and (B)the United States Marshals Service 225th Anniversary Committee, a panel to be formed consisting of administrative and operational members of the United States Marshals Service, past or present.

5.

Issuance of coins

(a)

Quality of Coins

Coins minted under this Act shall be issued in proof quality and uncirculated quality. (b)

Mint Facility

Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c)

Commencement of Issuance

The Secretary may issue coins, to the public, minted under this Act beginning on or after September 24, 2014, the 225th anniversary date of the United States Marshals Service, except for a limited number to be issued prior to this date to the Director of the United States Marshals Service and employees of the Service for display and presentation during the 225th Anniversary celebration. (d)

Termination of Minting Authority

No coins may be minted under this Act after December 31, 2014.

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)

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. (3)

United states marshals service employees

To the extent possible the Secretary shall make arrangements to ensure that current, former, and retired employees of the United States Marshals Service, names to be verified by the Director USMS, or his designee, have an exclusive defined period of time to place prepaid orders under paragraph (1) at the same reasonable discount referred to in paragraph (2). (c)

Presentation

In addition to the issuance of coins under this Act in such other methods of presentation as the Secretary of the Treasury determines to be appropriate, the Secretary shall provide, as a sale option, a presentation case which displays the $5 gold and the $1 silver coins. The presentation case should bear a depiction of the current badge of the United States Marshals Service.

7.

Surcharges

(a)

In General

All sales of coins minted under this Act shall include a surcharge as follows: (1)A surcharge of $35 per coin for the $5 gold coin. (2)A surcharge of $10 per coin for the $1 silver 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 distributed as follows: (1)The first $5,000,000 available for distribution under this section to the Director of the United States Marshals Service National Museum located in Fort Smith, Arkansas, for the preservation, maintenance, and display of artifacts and documents of the United States Marshals Service. (2)Of amounts available for distribution after the payment under paragraph (1)— (A)$1,000,000 to the Center for Missing and Exploited Children located in Washington, DC. (B)$1,000,000 to the National Law Enforcement Officers Memorial Fund located in Washington, DC, in support of the National Law Enforcement Museum and the National Law Enforcement Officers Memorial. (C)$1,000,000 to the Federal Law Enforcement Officers Association. (D)$500,000 to the William Bill Degan Scholarship Fund, which provides scholarships for spouses and children of law enforcement officers killed in the line of duty. (E)$500,000 to the Robert D. May Scholarship Fund, which provides scholarships for spouses and children of law enforcement officers killed in the line of duty. (F)$500,000 to the Community Oriented Policing Service. (G)$500,000 to the Retired United States Marshals Service Association, an IRS 501(c)3 charitable organization located in Miami, FL. (c)

Audits

All organizations, associations, and funds shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b).

8.

Bronze duplicates

The Secretary may strike and sell bronze duplicates of the $5 gold coins authorized under this Act, at a price the Secretary determines to be appropriate.