[108th Congress Public Law 290]
[From the U.S. Government Printing Office]


[DOCID: f:publ290.108]

[[Page 118 STAT. 1021]]

Public Law 108-290
108th Congress

                                 An Act


 
To require the Secretary of the Treasury to mint coins in commemoration 
 of Chief Justice John Marshall. <<NOTE: Aug. 6, 2004 -  [H.R. 2768]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: John Marshall 
Commemorative Coin Act. 31 USC 5112 note.>> 

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.--

[[Page 118 STAT. 1022]]

            (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

[[Page 118 STAT. 1023]]

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.

    Approved August 6, 2004.

LEGISLATIVE HISTORY--H.R. 2768:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-473, Pt. 1 (Comm. on Financial Services) and Pt. 
2 (Comm. on Ways and Means).
CONGRESSIONAL RECORD,
                                                        Vol. 150 (2004):
            July 14, considered and passed House.
            July 20, considered and passed Senate.

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