[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 112-201
112th Congress

An Act


 
To require the Secretary of the Treasury to mint coins in commemoration
of Mark Twain. <>

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 ``Mark Twain Commemorative Coin Act''.
SEC. 2. <>  FINDINGS.

The Congress finds as follows:
(1) Samuel Clemens--better known to the world as Mark
Twain--was a unique American voice whose literary work has had a
lasting effect on our Nation's history and culture.
(2) Mark Twain remains one of the best known Americans in
the world with over 6,500 editions of his books translated into
75 languages.
(3) Mark Twain's literary and educational legacy remains
strong even today, with nearly every book he wrote still in
print, including The Adventures of Tom Sawyer and Adventures of
Huckleberry Finn--both of which have never gone out of print
since they were first published over a century ago.
(4) In the past 2 decades alone, there have been more than
100 books published and over 250 doctoral dissertations written
on Mark Twain's life and work.
(5) Even today, Americans seek to know more about the life
and work of Mark Twain, as people from around the world and
across all 50 States annually flock to National Historic
Landmarks like the Mark Twain House & Museum in Hartford, CT,
and the Mark Twain Boyhood Home & Museum in Hannibal, MO.
(6) Mark Twain's work is remembered today for addressing the
complex social issues facing America at the turn of the century,
including the legacy of the Civil War, race relations, and the
economic inequalities of the ``Gilded Age''.
(7) Today Mark Twain's work lives on through educational
institutions throughout the United States, such as the Mark
Twain Project at the Bancroft Library of the University of
California, Berkeley, California, and the Center for Mark Twain
Studies at Elmira College, in Elmira, New York.

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SEC. 3. <>  COIN SPECIFICATIONS.

(a) Denominations.--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 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 350,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) 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 section 5134 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 the life and legacy of Mark Twain.
(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 ``2016''; 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 Board of the Mark Twain House
and Museum; and
(2) reviewed by the Citizens Coinage 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) Period for Issuance.--The Secretary may issue coins minted under
this Act only during the 1-year period beginning on January 1, 2016.
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

[[Page 1481]]

(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.
SEC. 7. <>  SURCHARGES.

(a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin; and
(2) $10 per coin for the $1 coin.

(b) Distribution.--Subject to section 5134(f)(1) 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 as
follows:
(1) One-quarter of the surcharges, to the Mark Twain House &
Museum in Hartford, Connecticut, to support the continued
restoration of the Mark Twain house and grounds, and ensure
continuing growth and innovation in museum programming to
research, promote and educate on the legacy of Mark Twain.
(2) One-quarter of the surcharges, to the University of
California, Berkeley, California, for the benefit of the Mark
Twain Project at the Bancroft Library to support programs to
study and promote the legacy of Mark Twain.
(3) One-quarter of the surcharges, to Elmira College, New
York, to be used for research and education purposes.
(4) One-quarter of the surcharges, to the Mark Twain Boyhood
Home and Museum in Hannibal, Missouri, to preserve historical
sites related to Mark Twain and help support programs to study
and promote his legacy.

(c) Audits.--The Comptroller General of the United States shall have
the right to examine such books, records, documents, and other data of
each of the organizations referred to in paragraphs (1), (2), (3), and
(4) of subsection (b) as may be related to the expenditures of amounts
paid under such subsection.
(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.
SEC. 8. <>  NO NET COST.

The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not result
in any net cost to the United States Government; and

[[Page 1482]]

(2) no funds, including applicable surcharges, are disbursed
to any recipient designated in section 7 until the total cost of
designing and issuing all of the coins authorized by this Act
(including labor, materials, dies, use of machinery, overhead
expenses, marketing, and shipping) is recovered by the United
States Treasury, consistent with sections 5112(m) and 5134(f) of
title 31, United States Code.

Approved December 4, 2012.

LEGISLATIVE HISTORY--H.R. 2453:
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CONGRESSIONAL RECORD, Vol. 158 (2012):
Apr. 16, 18, considered and passed House.
Sept. 21, considered and passed Senate, amended.
Nov. 14, 15, House considered and concurred in Senate
amendments.